Terms and Conditions of Use
Welcome to www.parkingeye.co.uk (the “PE Website”)
Please read these terms and conditions carefully before using the PE Website. By using the PE Website, you signify your agreement to be bound by these terms and conditions.
About the PE Website
In these terms and conditions references to “ParkingEye”, “We”, “Our” and “Us” are references to ParkingEye Limited, references to the “Landowner” shall be references to the leaseholder or freeholder of any given ParkingEye serviced car park, references to the “Payment Processor” shall be references to Capita Business Services Limited T/as Pay360.
Copyright Notice and Other Intellectual Property
© 2020 ParkingEye Limited.
Registered in England. Company Registration Number: 05134454. Registered Office: 40 Eaton Avenue, Buckshaw Village, Chorley, Lancashire PR7 7NA
Tel: 0330 555 4444
All content included in or made available through www.parkingeye.co.uk, such as text, graphics, logos, button icons, images and data compilations is the property of the ParkingEye Limited or content providers and is protected by UK copyright and any other intellectual property rights subsisting in it, save where expressly stated. The copying or reproduction of the whole of any part of this website in any form, including electronic media, is expressly prohibited.
All trademarks displayed on this site are owned by ParkingEye Limited.
Please note that further terms and conditions may apply to the use of different functionality within the PE Website and for any separately hosted functionality. E.g. when you select the Pay Online functionality on the PE Website, you will be redirected to the Payment Processor on their hosted payment solution.
ParkingEye reserves the right to update these terms and conditions at any time by displaying amended terms and conditions on the PE Website and you will be deemed to have agreed to the amended terms and conditions when you next use the PE Website.
Where ParkingEye Limited offerings are detailed or other third party content is provided, we will highlight to you, that these are third party services or content.
Use of Electronic Communications
When you use the PE Website or send e-mails, text messages, and other communications from your desktop or mobile device to Us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail. For the purposes of responding to your enquiry, appeal or other communication, you consent to receive communications from Us electronically and you agree that all agreements, notices, disclosures and other communications that We provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
Using the PE Website
If you are using the PE Website for and on the behalf of any other person, you must have their permission to provide their personal information and to carry out any actions, you may undertake, in their name.
If you are not acting in your own capacity or do not have the permission of the person in whose capacity you are purporting to act, please do not proceed.
I am not using the PE Website on someone else’s behalf or I have the permission of the person for whom I am acting.
You are admitted to the PE Website in order to:
- find out more about Us and the services We offer and to request further information about Our services or sectors;
- find links to Our trade association, the Industry Standards We adhere to, FAQs and guides and helpful information and links;
- pay a Parking Charge via Our online Payment Processor;
- submit an online appeal direct to Our Appeals Team;
- find resources and contact details for making an enquiry for data, if you are a Police force or other authorised agency; or
- access the Client Portal.
User Obligations and Restrictions
You will not use the PE Website for any unlawful purpose including:
- posting material containing any virus or interfere with the operation of the website or attempt to decipher, or modify any of the software, coding or information comprised in this website;
- providing false, inaccurate or misleading information;
- breaching any applicable laws, regulations, licences, or third party rights;
- purposely intercepting, accessing without authority or expropriating any system, data or personal data, as defined in the General Data Protection Regulation ((EU) 2016/679)
Failure to comply with these terms may result in Our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the PE Website;
- Immediate, temporary or permanent removal of any contribution uploaded by you to the PE Website;
- Issuance of a warning to you;
- Legal action against you; and / or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
The actions We may take are not limited to those described above, and We may take any other action we reasonably deem appropriate.
You agree to fully reimburse ParkingEye Limited and its content providers in respect of all losses, costs, actions, claims and liabilities incurred by ParkingEye as a result of any breach of these terms or any data submitted by you to Us.
The information on this site has been included in good faith but it is for general information only and should not be relied on for any specific purpose. No representation or warranty is given by Us or our content providers as regards to the accuracy of information on the PE Website and there shall be no liability for any loss, damage or expense arising in contract, tort or otherwise out of any reliance on information contained on this site, access to, use of or inability to use the PE Website. ParkingEye in its sole discretion may alter or discontinue any feature of the PE Website.
ParkingEye will make all reasonable attempts to prohibit viruses from the site but cannot guarantee this. You should take appropriate steps to put in place anti-virus software and any other reasonable measures in respect of this.
We will do our utmost to ensure that availability of the PE Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the PE Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
We, Our agents sub-contractors and/or content providers, will not be responsible for (i) losses that were not caused by any breach on Our part or that of Our agents, sub-contractors or content providers in the provision of the PE Website, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and Us, Our agents, sub-contractors or content providers, when you commenced using the PE Website.
We, Our agents, sub-contractors and/or content providers, will not be held responsible for any delay or failure to comply with our obligations under these conditions, if the delay or failure arises from any cause which is beyond Our, Our agents, sub-contractors or content providers, reasonable control.
Nothing in these conditions limits or excludes Our responsibility for fraudulent representations made by Us, Our agents or sub-contractors or for death or personal injury caused by Our, Our agents or sub-contractors negligence or wilful misconduct.
These Terms and Conditions of Use are subject to English law. Any disputes arising out of these Terms and Conditions of Use should be dealt with by the English or Welsh courts. If you are not happy with the way We deal with any disagreement and you want to take court proceedings, you must do so in England or Wales.
Access to the Client Portal secure area of the PE Website (“Client Portal”)
Some sections of this site are restricted and accessible to authorised users only. You are solely responsible for maintaining the confidentiality of any username and password that is assigned to you by ParkingEye. You will not misuse or share the password that is assigned to you.
As an authorised user of the Client Portal, you are also bound by the following additional Terms and Conditions of Use. Accordingly, you should review them in relation to all or any part(s) of the website.
By accessing this Client Portal section of the website, you also accept these additional Terms and Conditions of Use and acquire a non-exclusive right to:
- View the material in the website;
- Access material contained in the website;
- Download and use any material contained in the website for a temporary purpose (such as viewing offline); and
- Download material contained in the website for reproduction by you or your employees.
You hereby undertake the following obligations:
- To ensure your employees, sub-contractors and any other agents (if any) who have authorised access to the Client Portal are made aware of all the Terms and Conditions of Use;
- To not provide or otherwise make available any material in the Client Portal in any form to any person other than employees, sub-contractors and other agents (if any) without the written consent of ParkingEye, except where required by law;
- To not provide or otherwise make available any personal information or sensitive personal, which you do not have the data subject’s consent (or in respect of sensitive personal data, written consent) to supply to ParkingEye for the purpose of car park management; and
- To not provide any data or other material carrying IPR, which you are not prepared to supply royalty free, on a perpetual basis, for the purpose of the conduct of the car park management service.
You agree to fully reimburse ParkingEye in respect of all losses, costs, actions, claims and liabilities incurred by ParkingEye as a result of any breach of these user obligations or any data submitted by you to Us or to you by Us, otherwise than in accordance with these terms and conditions.
No representation or warranty is given as regards to the accuracy of information on the Client Portal and there shall be no liability for any loss, damage or expense arising in contract, tort or otherwise out of any reliance on information contained in the Client Portal, access to use or inability to use the Client Portal. You accept that ParkingEye takes no responsibility for any error or omission relating to the material contained in the Client Portal.
Copyright and other IP rights subsisting in the content of the Client Portal, including without limitation all trademarks, text, graphics, reports, data or collated data and information is, save where expressly stated, owned by ParkingEye.
Upon termination of your right to use the Client Portal, you must destroy any copies, electronic and printed, of material obtained from the Client Portal that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by ParkingEye.
These additional Terms and Conditions of Use in relation to the Client Portal are subject to English law. Any disputes arising out of these Terms and Conditions of Use in respect of the Client Portal should be dealt with by the English or Welsh courts. If you are not happy with the way We deal with any disagreement and you want to take court proceedings, you must do so in England or Wales.