PayByPhone offers Services which allow you to pay for parking in cities around the world. The following terms and conditions govern your Account and use of Services with PayByPhone.
Your contract and Account may be with PayByPhone Technologies Inc. or one of its subsidiaries. The applicable contract party depends on the country from which you open your Account and in which you conduct your Parking Sessions. The contract party is listed below for each of the countries in which the PayByPhone service is available:
- Canada: PayByPhone Technologies Inc.
- United States: PayByPhone US Inc.
- United Kingdom: PayByPhone Limited
- France, Monaco: PayByPhone SAS
- Germany: PayByPhone Deutschland GmbH
- Switzerland: PayByPhone Suisse AG
- Italy: PayByPhone Italia S.r.l.
Collectively, all of these entities are referred to here as “PayByPhone”.
If you use the Service in a country other than the one from which you opened your Account, you will also have a contract, with respect to your Parking Sessions in that country only, with the PayByPhone entity listed above for that country.
At some United States locations, the Service is offered by PayByPhone Technologies Inc. and Parking Sessions at those locations will be subject to your contract with that party.
At some Switzerland locations, the Service is offered by PayByPhone SAS and Parking Sessions at those locations will be subject to your contract with that party.
These Terms and Conditions explain our mutual rights and obligations with regards to the Services. Please read these terms and conditions carefully and keep a copy for future reference.
By creating your Account, accessing, browsing, viewing or otherwise using your Account or the Services, you agree to be legally bound by these Terms and Conditions, the Privacy Policy, the Cookies Policy, the Legal Notice, as well as applicable laws and regulations.
If you do not agree with these Terms and Conditions or the Privacy Policy, please refrain from creating an Account or using the Services.
If you have any questions about the information below, please contact your Customer Support Center listed at the end of this page.
Table of Contents
1. Terms and conditions for PayByPhone’s services
These Terms and Conditions govern your use of the Services (including the App and your Account) and are applicable to your use of the App and Services for every Transaction.
This is not an agreement between you and any Transaction Entity or Facilities Operator, this is an agreement between you and PayByPhone, even if you access certain parts of the Services through a third-party website or app.
Our Services are not intended for people under 16. If you become aware that a child is using our Services, please contact the relevant Data Protection Officer listed in Section 15 of the Privacy Policy, and we will take steps to remove and terminate the account as necessary.
In this agreement, the following terms have the meanings indicated below:
2. Account information
You can open your Account by downloading and installing the App; on the Site; or by contacting the appropriate Customer Support Center. You may change your Account profile at any time, but you agree to provide us with your valid registration information, including your contact details. You may not impersonate others or misrepresent your identity to us.
You are responsible for ensuring that your Account information is accurate and current at all times. You further agree to comply with all state or local restrictions that may be applicable to your registration with us. Your Account will be valid until you or PayByPhone cancel it in accordance with these Terms and Conditions, for example, if your Account contains any untruthful information.
You are solely responsible for use of your Account and you agree to notify us immediately in the event of any unauthorized use.
3. License and access to services
Solely for use in connection with the Services, PayByPhone grants you a limited, nontransferable, nonexclusive, revocable license to access the Services and make personal use of the Site and Service. This license does not include any resale or commercial use of PayByPhone’s Service; any collection and use of any information, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. All materials and information related to PayByPhone may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PayByPhone. Any unauthorized use terminates the permission or license granted by PayByPhone.
You acknowledge and agree that the license to use the Services is conditioned on the following restrictions:
4. Using your account
Purpose
You can use the Account to pay for parking at any parking facility that offers the option to pay with the PayByPhone service and, if the option is available in your region, pay for parking permits and Parking Penalties. You can access your Transactions and review your recent account history on our Site, the App or by calling a Customer Support Center.
Use of Account, Password, and your Cell Phone
When you open an Account, you will be asked to enter a confidential password to securely access your Account. You will also provide us with the number of the phone you will use to access the Account. The Account and password are for your use and protection. You agree:
5. Pricing, payment and refunds
Pricing
You agree that the fees and service charges included in the Transaction are confirmed before you start parking apply to the Account and may be charged to the Account. You authorize us to initiate any such charges to the Account.
You are subject to any applicable terms, conditions, restrictions, and other requirements of any payment provider related to any Payment Method and we have no liability for any transaction fees, insufficient fund charges, or any other fee or charge that is assessed by a payment provider in connection with your use of such payment provider for Transactions.
You understand that parking rates vary as a result of parameters set by the Transaction Entity and Facilities Operator, such as parking location, time of day, day of the week, special events, and that these variances are beyond our control and may not be reflected in the App or Services in a timely manner. We pass all parking fees and charges through to you and we are not responsible for any parking rate variances, parking rate changes or for any differences between the parking rates reflected in the App or Service and the parking rates assessed by the Transaction Entity or Facilities Operator at the time of the Parking Session. You are solely responsible for Parking Penalties and for determining the parking rates applicable to your Parking Session before commencing a Transaction.
You are also solely responsible for all fees or charges you incur in connection with your use of your mobile device to access the App or Services, including but not limited to, data usage, texting, data overages, per-minute charges, roaming, and other telecom or access charges and you acknowledge that such fees or charges may apply and that you are solely responsible for such charges and fees.
A chargeback fee ($15.00, €15.00 or a similar amount in another currency) may be assessed if an attempt to charge your Account is rejected for insufficient funds available on your selected Payment Method, for cancellation of your Payment Method or otherwise.
Payment
You agree to pay the parking fee together with all other fees, charges, or assessments related to Transactions. Payments shall be in the currency of the country where the parking facility is located and will be made to PayByPhone or the Facilities Operator, depending on the location of the parking facility. The amount of the Transaction includes the price specified by the Facilities Operator on the date of service (as posted at the parking facility or configured in the PayByPhone rates system), the service charge for the PayByPhone service, and any taxes that apply and will be charged to the Payment Method selected for the Account.
Refunds
We will make every attempt to deliver a high level of service at all times. If you think there has been a billing or accounting error, please contact the appropriate Customer Support Center listed at the end of this page. If the payment to which the error relates was made to the Facilities Operator, we will connect you to the Facilities Operator. If you are entitled to a refund for any reason for services obtained with the Account, you agree to accept credits to the Payment Method selected on the Account in place of cash. PayByPhone and the Facilities Operators will not provide cash refunds.
If you have any questions about a refund or other similar issue, please contact the appropriate Customer Support Center.
6. Verification of transactions
Details of your Transactions will be available in real time on your online statement in your Account, the App or on our Site. You agree that we may provide you periodic statements and any other notices related to our Services electronically via your Account, the App or our Site. Statements provided electronically will describe each Transaction during the statement period. Your statement will be available to you in electronic format for viewing and printing online on our App and Site. You may review your recent Transaction history in your Account at any time, currently set at one year’s worth of Transactions.
7. Failure to complete transactions
You understand that using the Services does not guarantee you a parking space and you only activate the Services after you have found an available and valid parking space.
You understand that you are solely responsible for ensuring that you have properly started the Parking Session for the appropriate parking location before you leave your vehicle unattended.
You acknowledge and agree that you are solely responsible for correctly entering the relevant information in relation to your parking Transactions, including (i) parking location number for the relevant parking space, (ii) license plate number of the vehicle you are parking, and (iii) information about the Payment Method for the Transaction.
As part of the Services, PayByPhone may send you reminders, alerts, or critical notifications via push notification, text message or email. You acknowledge and agree that the reception of any such message is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a Parking Session where permitted. You acknowledge that you may not receive these notifications due to the operation, coverage, and services of your mobile network provider and/or Internet service provider or for other reasons and agree that you remain responsible for timely activating, extending or deactivating a Parking Session. PayByPhone shall have no liability for any damages and costs you incur from not receiving notifications on time or at all.
We and the Facilities Operators accept no liability to complete any transaction which cannot be cleared by our payment processors, whether because there are insufficient funds available on your Payment Method or otherwise.
Neither we nor any of the Facilities Operators will be liable to you for any failure to accept or honor the Account.
8. PayByPhone is a mobility parking payment solution company
PayByPhone provides a service to enable your payment for parking at certain facilities. PayByPhone does not own, operate or maintain parking facilities and is NOT RESPONSIBLE FOR ANY SUCH FACILITIES OR EVENTS THAT OCCUR AT SUCH FACILITIES. Parking facilities are operated by companies or governmental bodies with which PayByPhone has contractual relationships, but PayByPhone is not responsible for actions taken by such companies.
You are responsible for complying with all advertised parking restrictions, including physical signs prohibiting parking in a certain area, which shall take precedence over any information that you receive from PayByPhone. PayByPhone will not be responsible for any incorrect or conflicting parking restrictions advertised on signage.
9. Permits and Autopass
We provide some consumers with the opportunity to purchase permits from Facilities Operators and partners (“Permit Issuers”). A permit serves as the official confirmation of your purchase of an item offered for sale by Permit Issuers.
Permit Issuers, not PayByPhone, determine the price and availability of those permits. The Permit Issuers have policies that sometimes prohibit us from issuing permits or performing exchanges or refunds after the purchase of a permit has been made. You understand that if you purchase a permit through PayByPhone, you are nevertheless subject to the rules, policies, and terms of the relevant Permit Issuer.
We provide some consumers with the optional Autopass service, which is available in some countries and provides an ability to automatically pay for parking at the participating parking facilities. You understand that the use of the Autopass service remains subject to the rules, policies, and terms of the relevant Facilities Operator.
10. Disclaimer of service level guarantees
Note that the Services are only available in selected locations and may not be available at all times at all locations. While we will endeavor to provide the best possible service, there are limitations to cellular and payment technologies which may cause interruptions in service. Please note that WE PROVIDE NO SERVICE LEVEL GUARANTEES WHATSOEVER concerning the Service.
Unless the law provides otherwise, you waive and release us from any obligations that could arise due to defenses, rights and claims you have or may have against any third party on account of the use of the Account.
11. Warranties, indemnifications and limits of liability
Disclaimer about Warranties
You understand that the Services are provided on “as is” and “as available” basis. PayByPhone makes no representations or warranties of any kind, express or implied, as to the operation of this Service or the information, content, materials, or products included on our App or Site. You expressly agree that your use of this Site and our Service is at your sole risk.
You also understand and agree that any data, content, or information downloaded or otherwise obtained through your use of the App, Site or Services, including viruses, are obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that may result from such download.
The “near me” locations service is provided to users as a reference only. Users should always check PayByPhone and Facilities Operator signage for actual location number prior to finalizing a Transaction. PayByPhone accepts no responsibility for Parking Sessions booked using an incorrect location number.
PayByPhone does not own, control or operate parking facilities and does not warrant anything with respect to such facilities. PayByPhone will not be liable for any damages of any kind arising from or related to any parking facility or its operation, including, but not limited to direct, indirect, incidental, punitive, and consequential damages arising from damage to your vehicle, loss of your vehicle, or loss of articles left in your vehicle or for any personal injury in any circumstances.
PayByPhone is also not responsible for any Parking Penalties you incur or receive, even if the Services were used in connection with a Transaction. You are solely responsible for resolving with the relevant authorities and Facilities Operators any issues that you may have regarding Parking Penalties. We do not enforce any parking restrictions and have no ability to control the actions of third parties who enforce parking restrictions or assess parking penalties.
Indemnification
You agree to indemnify, hold harmless and defend PayByPhone with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorney's fees and expenses of PayByPhone’s selected attorneys, arising from any third party claim against PayByPhone relating to (i) your violation of law; (ii) your infringement of any Intellectual Property or similar proprietary rights of any person or entity; (iii) any noncompliance with or violation of your License; (iv) your improper or illegal use of the App or Services; (v) any act or omission or willful misconduct of yours; (vi) any breach of any of your representations, warranties, or covenants made herein; and (vii) any failure by you to comply with these Terms and Conditions.
Limitation of Liability
By using the App or Services, you hereby release, remise and forever discharge and give up any and all claims which you may have against PayByPhone, which now or hereafter arise from, relate to or are connected with the use of the App, Site or Services or any third party’s use of the App, Site or Service. You further waive, release and give up any and all claims and defenses arising from or relating to any act, event or omission. This includes, without limitation, any claim which could be asserted now or in the future under (i) common or civil law; (ii) any PayByPhone policies, practices, or procedures; and/or (iii) any federal, state, provincial, and/or local statutes or regulations.
To the fullest extent permitted by applicable law, PayByPhone disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PayByPhone does not warrant that our App, Site, its servers, or e-mail, SMS sent from PayByPhone are free of viruses or other harmful components. PayByPhone will not be liable for any damages of any kind arising from the use of our Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
12. Loss, theft or unauthorized use
You are responsible for all authorized uses of your Account. Applicable law may protect you from liability for unauthorized purchases. You understand that your Account is not a credit account and is not protected by laws covering credit accounts.
Tell us AT ONCE if you believe that your Account has been used by an unauthorized person. Telephoning us is the best way to KEEP YOUR POSSIBLE LOSSES DOWN. If you believe that your phone has been stolen, or that someone has transferred or improperly charged the Account without your permission, contact the appropriate Customer Support Center listed at the end of this page. If you fail to notify us promptly and you are grossly negligent or fraudulent in the handling of the Account, you could incur additional charges.
If your phone or Payment Method has been reported lost, stolen or otherwise tampered with, we may close the Account to keep your and our losses down.
13. Notice containing information about your right to dispute errors
In case of errors or questions about Transactions on your Account, contact the appropriate Customer Support Center listed at the end of these Terms and Conditions as soon as possible, including if you think the statement or receipt is wrong or if you need more information about a Transaction listed on the statement or receipt. Under most circumstances, we will connect you to the Facilities Operator whose charges resulted in the error or whose Transaction resulted in questions. Disputes involving Facilities Operators will be resolved pursuant to their procedures.
Where the disputed payment was charged by us (rather than a Facilities Operator), you must contact us no later than 30 days after the transaction in question has been made available to you on the online statement.
The following information must be contained in that notice:
If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days. Generally, we will tell you the results of our investigation within 10 business days after we hear from you and will promptly correct any error. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question.
If we decide there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.
14. Dispute resolution and confidential arbitration
Any dispute relating in any way to the services offered by PayByPhone not resolved in accordance with the preceding Section 13 shall be submitted to confidential arbitration in Vancouver, British Columbia, except that, to the extent you have in any manner violated or threatened to violate PayByPhone’s intellectual property rights, PayByPhone may seek injunctive or other appropriate relief in any Provincial or Federal court in the Province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association conducted by a single arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
15. Disclosure of account information to third parties
From time to time, subject to any applicable privacy laws or other laws or regulations, we may provide information about you and the Account, notably:
For more on how your information is used, please read our Privacy Policy.
16. Credit or information inquiries
You authorize us to make such credit, employment and investigative inquiries, as we deem appropriate, in connection with the issuance and use of the Account. We can furnish information concerning the Account or credit file to consumer reporting agencies and others who may properly receive that information.
17. Business days
Our business days are all days except Saturdays, Sundays, and statutory holidays.
18. Use of cell phones while driving can be dangerous
Please note that operating a cell phone or any other device while driving can be dangerous and we advise you not to use our Service while operating a vehicle. You agree to indemnify and hold PayByPhone harmless from any or all liability whatsoever for any harm, loss or injury related to use of this Service or the Account while operating any kind of vehicle.
19. Cancellation of your account
You may choose to cancel this agreement by closing your Account on our Site or App, by by contacting the appropriate Customer Support Centre listed at the end of these Terms and Conditions. The termination of this agreement will not affect any of our rights or your obligations arising under this agreement prior to termination and, in accordance with the Privacy Policy, your Account will remain our property at all times.
We may cancel or limit your right to use your Account at any time in the event of the following:
Our ability to suspend, limit or close your Account does not limit or exclude other remedies we may have if you are otherwise in breach of this Agreement.
20. Applicable law
By opening the Account, you agree that the laws of the jurisdiction in which the PayByPhone with whom you have a contract and Account is domiciled excluding the application of any conflict of laws principles and/or rules. In the case of PayByPhone Technologies Inc. the relevant jurisdiction is the Province of British Columbia, Canada (subject to the provisions of the Consumer Protection Act applicable to residents of Quebec), in the case of PayByPhone US Inc. – the State of Delaware, United States, in the case of PayByPhone Limited – United Kingdom, in the case of PayByPhone SAS – France, in the case of PayByPhone Suisse AG – Switzerland, in the case of PayByPhone Italia S.r.l. – Italy, and in the case of sunhill technologies GmbH – Germany. Notwithstanding the above, you agree that it shall be nevertheless permissible for PayByPhone to apply for equitable relief in any jurisdiction. You also agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content.
21. Intellectual property
All Intellectual Property in the App, the Site and Services is the sole property of PayByPhone and our affiliates or other representatives (as applicable) together with any goodwill, derivatives, new versions, enhancements, updates, changes, etc. of our Intellectual Property, even if wholly or partially based upon your ideas, comments, suggestion, questions, requests, and the like.
Other than as expressly set forth herein, PayByPhone does not grant to you any express or implied ownership or other rights to any Intellectual Property and all such rights are retained by PayByPhone. You are liable for any and all damages of every kind resulting from any infringement by you of our Intellectual Property rights.
Any communications, including, without limitation, e-mails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise from you to PayByPhone or any of our officers, managers, employees, representatives, attorneys, or agents and any postings to the Sites shall become PayByPhone's property upon the transmission of the same. You grant the perpetual and irrevocable right to us to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge.
PayByPhone and other marks indicated on our App and Site are registered trademarks of PayByPhone Limited or our affiliates in Canada, the United States, and other countries. Other PayByPhone graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PayByPhone Technologies Inc. or our affiliates. PayByPhone’s trademarks and trade dress may not be used in connection with any product or service that is not PayByPhone’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PayByPhone. All other trademarks not owned by PayByPhone or our affiliates that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PayByPhone or our affiliates.
22. Miscellaneous
You may not assign, transfer, or sublicense this agreement without PayByPhone’s express written consent. We may transfer our rights under this agreement at any time.
Use of the Account is subject to all applicable rules and customs of any payment processor, clearinghouse, or other association involved in Transactions.
We do not give up our rights by delaying or failing to exercise them at any time.
If any term of this agreement is found by a court to be illegal or not enforceable, all other terms will still be in effect.
If we take legal action against you because of your breach of the terms of this agreement, you must pay reasonable attorney’s fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.
When you download the App from your device, you may be subject to licenses and/or terms of use established by that mobile device, original equipment manufacturer (OEM), or vehicle manufacturer for your general use of that device and applications downloaded from it. These Terms and Conditions are in addition to the terms of those of the mobile device, OEM, or vehicle manufacturer, as the case may be.
You acknowledge and agree that these Terms, the Privacy Policy, the Legal Notice, and the Cookies Policy, and, if applicable to you, any stored credential agreements and additional terms governing optional Services, constitute the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, understandings, representations and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect.
Some pages on our Sites include links to third party websites. These third party sites are governed by their own privacy statements, and we are not responsible for their operations, including but not limited to their information practices. You should review the privacy statement of those third party sites before providing them with any personally identifiable information.
We may at any time change or repeal these Terms and Conditions, the Privacy Policy, Legal Notice, Cookies Policy or any portion of the Services at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change, including either by email or by posting such update on our Sites or App. All such amendments, updates, modifications, replacements, versions, or revisions are effective immediately upon posting on our Site or App. You specifically agree to accept such notice of change by email sent to the last electronic mail address you have provided to us. However, if the change is made for security purposes, we can implement such change without prior notice. Should you decide that you no longer agree to accept changes or notices electronically, we may cancel or suspend this agreement, or any features or services of the Account described herein at any time. All references in these Terms and Conditions to the Privacy Policy, the Legal Notice, and any other Services matters are references to the same as they are amended, updated, modified, replaced, or revised.
If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your personal information, you can do so by contacting the relevant Data Protection Officer listed in Section 15 of the Privacy Policy.
23. Customer Support Centers
The contact information for our Customer Support Centers is listed below.
USA and Canada
Suite 600-1290 Homer Street, 6th Floor Vancouver, BC BCV6B2Y5 Canada
https://support.paybyphone.com/
United Kingdom
Bishops Court, 17A The Broadway, Old Hatfield AL9 5HZ United Kingdom
https://support.paybyphone.com/
France and Monaco
62bis Avenue André Morizet, 92100 Boulogne-Billancourt France
https://support.paybyphone.com/
Germany
Allee am Röthelheimpark 15, 91052 Erlangen, Germany
https://support.paybyphone.com/
Switerland
Birchstrasse 3, 3186 Düdingen, Switzerland
https://support.paybyphone.com/
Effective Date: 2023-03-13
