Terms & Conditions

 

    1. The Terms & Conditions (referred to as "Terms") cover your use of the service and together with any other specific terms and conditions relate to the services provided by or on behalf of Imperial Civil Enforcement Solutions Limited ("PaySmarti") a company registered in the UK under number 2023383 of 7 Hill Street, Bristol, Avon BS1 5PU. In the Terms you will be referred to as "you", "your" (as appropriate) acting as either: (i) a private individual, or (ii) a company or business, which makes use of the PaySmarti cashless parking system. PaySmarti is the provider of the PaySmarti cashless parking system (the "Services") and may be referred to as "we" or "us" (as appropriate).

    2. You will be legally bound by the Terms from the point you register or use the Services. You must accept them prior to being confirmed as a User. If you do not agree to be bound by the Terms you will not be accepted as a user.

    3. PaySmarti reserves the right to make changes to the Terms from time to time. They are published on www.PaySmarti.co.uk (the Site). If any provision of the Terms is deemed invalid for whatever reason, the other provisions of the Terms will be unaffected.

    4. You are responsible for providing PaySmarti with the correct information including but not limited to your: name, address, place of residence, vehicle registration number, mobile phone number, business details, and payment method. You must inform PaySmarti immediately of any changes to the information and update your account by;

      4.1 using the Site or in

      4.2 writing to PaySmarti or

      4.3 calling PaySmarti Helpdesk on 03335 775 754 (Calls will be charged at standard rate)

      PaySmarti will then update the information it holds in its system.

    5. You are responsible for keeping your PaySmarti password secret so that only you can access your account.

    6. You authorise PaySmarti to undertake the automatic collection of the parking fees.

    7. You are responsible for supplying the correct location code indicated on the signs nearest to the relevant parking space. The code informs PaySmarti of the rate to charge you for your parking and of any time restrictions on parking in that location. It is also your responsibility to ensure that where more than one vehicle is registered to the account, the correct vehicle is selected for the parking period.

    8. If you have selected an incorrect location code or vehicle registration it is your responsibility to re-book the parking correctly either by the web, SMS, or phone. In the meantime you will be responsible for any penalty charge notice issued.

    9. You are not guaranteed a parking space by registering to use the Services. In order to correctly activate the system when you have parked you must follow the instructions given to you via your mobile phone and by the signs at the car park. All notices and signs or directions made by the car park owners, enforcement officers, or other authorised persons will have priority over any details given via the PaySmarti system.

    10. Your parking transaction will only be accepted by PaySmarti when you have received a confirmation of this from us. You are responsible for ensuring that the parking session for the relevant location code has been activated before you leave your vehicle unattended. Any penalty charge notice issued between the time of parking the vehicle and the notification from us that the parking session has started is at the user's risk.

    11. In the event of the PaySmarti parking system being unavailable, you must pay the appropriate parking fee that is due by using any other method that is available. If there is a requirement to notify us during the parking transaction and the system is unavailable you can phone PaySmarti's Helpdesk on 03335 775 754 (Calls will be charged at standard rate). You will be charged the same parking fees for the amount of time that your vehicle was parked in the charging zone as if the system had remained activated.

    12. PaySmarti reserves the right to terminate or refuse to provide you with the Services for a valid reason, including but not limited to failing to pay a parking fee. If you do not comply with the Terms you will be deemed to be parking without having validly paid your parking fee and the appropriate authorities may issue a penalty charge notice or impound your vehicle.

    13. PaySmarti is not responsible for the issuance of penalty charge notices and the enforcement of vehicle parking related offences. Most issues you have regarding the issuance of a penalty charge notices or your vehicle being impounded need to be resolved by you with the relevant authorities.

    14. If in relevant circumstances, you authorise PaySmarti to contact the relevant authorities on your behalf regarding the issuance of a penalty charge notices PaySmarti may pass your personal details or some of your personal details to the relevant authorities.

    15. Fees and Deduction of Payments for Parking

      15.1 You agree to pay the parking fees and the charges for using the Services as shown on the Site on registration for the Services.

      15.2 You authorise PaySmarti to obtain funds on your behalf from your chosen funding source, details of which you have provided to us on registration for the Services and to use them to purchase parking for a vehicle or vehicles, details of which you have registered.

      15.3 You agree that your payments for the Services will be processed by a third party payment processor.

      15.4 A history of your parking transactions, indicating the parking locations, times and costs, and SMS messages received, is accessible by you from your account on the Site ("Account"), www.PaySmarti.co.uk. If you require a receipt or invoice, you must print this from your Account on the Site.

      15.5 If paying by credit or debit card, you must have sufficient credit on the card account to pay the fees due at the time PaySmarti requests the payment from the credit or debit card company.

      15.6 PaySmarti accepts no responsibility for Penalty Charge Notices being issued, or other parking enforcement actions being implemented, if you have failed to ensure that sufficient funds are available to cover your parking fees.

      15.7 If you do not pay your parking fees (for example, due to insufficient funds), your PaySmarti account will be blocked in the parking system and you will be charged the additional administration costs for this. PaySmarti reserves the right to transfer the claims for unpaid parking fees to the relevant authorities.

      15.8 You acknowledge that PaySmarti makes no charge for the calls to the automated activation / deactivation numbers. Call charges may vary subject to phone service providers and type of contract.

    16. Council policy

      16.1 The council or car park owner's parking regulations will apply to all the Users of the PaySmarti system who park in the PaySmarti designated areas of the council or car park concerned.

      16.2 Parking rates may be changed by the council or car park owner. This is a matter which is not under PaySmarti's control and we are not responsible for any fee increases.

    17. SMS

      17.1 You acknowledge that the reception of SMS messages is not 100% guaranteed and that you are responsible for the activation and deactivation of a parking action.

      17.2 You acknowledge that the reception of SMS messages is dependent on: the operation of the phone provider to which the mobile phone is connected, and the service of the mobile phone company to which he or she has an account or prepaid card.

      17.3 PaySmarti takes no responsibility for the damages/costs incurred by not receiving an SMS message on time or by the insufficient operation of the mobile network or mobile phone company.

      17.4 The costs of the SMS messages will be invoiced as notified to you on registration and in accordance with the payment method selected.

      17.5 You will be notified at least 30 days in advance on the Site if there are any changes to the charges for the SMS Service.

      17.6 You can set up the SMS reminder service per user, via your Account or at registration, by choosing preferred time period(s). The setups of the profile, as well as the changes made by you, are logged by PaySmarti.

    18. General

      18.1 If any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms, so that the Terms shall remain in full force and effect. The Terms constitute the entire agreement between you and PaySmarti with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and PaySmarti with respect to such use are hereby superseded and cancelled. PaySmarti will not accept any counter-offers to the Terms, and all such offers are hereby categorically rejected. PaySmarti's failure to insist on or enforce strict performance of the Terms shall not be construed as a waiver by PaySmarti of any provision or any right it has to enforce the Terms, nor shall any course of conduct between PaySmarti and you or any other party be deemed to modify any provision of the Terms. The Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

    19. Account Suspension

      19.1 We may at our sole discretion suspend, limit access to your Account or close any user account where we have reasonable grounds to believe that you are in breach of any of the Terms.

      19.2 If your Account access has been suspended, limited or closed you will be notified by email or text and requested to provide information relevant to your account which we reasonably believe may assist us in the investigation of the circumstances which have lead to such suspension, limitation or closure.

      19.3 Any of the following events may lead to your Account being suspended or limited:

      a. Reports of unauthorised or unusual credit card use associated with the personal account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorised or your Account compromised;

      b. Reports of unauthorised or unusual parking account use associated with your Account

      c. Abuse by you of the chargeback process provided by your issuing bank

      d. Excessive levels of disputes or chargebacks

      e. Breach of these Terms

      f. Failure to pay for parking or parking penalties

      g. Failure to verify or authenticate any information you provide to us

      h. Believe that your account or activities pose a significant credit or fraud risk to us

      i. Adverse reports from credit agencies

      19.4 We will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations promptly

      19.5 The ability to suspend, limit or close any account does not limit or exclude other remedies we may have if you are otherwise in breach of these Terms

    20. Limitation of Liability

      20.1 Except where prohibited by law, in no event will PaySmarti be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if PaySmarti has been advised of the possibility of such damages.

      20.2 PaySmarti is not responsible for any loss or damage that you may suffer as a result of you not using the PaySmarti system correctly or if you fail to comply with these general terms or any other instructions given to you via your mobile phone.

      20.3 You acknowledge that the ability to notify the start and where applicable the end of your parking by mobile phone, as well as the possibility of receiving SMS messages with information relating to your parking action, depends on the operation of the mobile phone network, and the availability of service of the mobile phone companies concerned. PaySmarti cannot be held liable for any loss or damage arising from the inadequate operation or unavailability of a network or phone company or if you fail to receive an SMS message in time.

      20.4 PaySmarti does not exclude or limit its liability for death or personal injury caused as a result of its negligence or for fraudulent misrepresentation or the tort of deceit.

      20.5 Force Majeure. PaySmarti shall not be liable to you if the performance of its obligations under this agreement is prevented or hindered due to any circumstances outside of its reasonable control.

    21. Indemnity

      21.1 You agree to indemnify and hold PaySmarti, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against PaySmarti by any third party due to or arising out of or in connection with your use of the Site.

    22. Use of our Site

      22.1 You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. PaySmarti reserves the right to bar any such activity.

      22.2 You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any PaySmarti server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

      22.3 You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of PaySmarti, including any PaySmarti account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

      22.4 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or PaySmarti's systems or networks, or any systems or networks connected to the Site or to PaySmarti.

      22.5 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

      22.6 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to PaySmarti on or through the Site or any service offered on or through the Site. You may not pretend that The user is , or that you represent, someone else, or impersonate any other individual or entity.

      22.7 You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of PaySmarti or others.

      22.8 Certain features or services offered on or through the Site may require you to open an account (including setting up a User ID and password). The user is entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify PaySmarti immediately of any unauthorised use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by PaySmarti or any other user of or visitor to the Site due to someone else using your User ID, password or account.

      22.9 You may not use anyone else's User ID, password or account at any time without the express permission and consent of the holder of that User ID, password or account. PaySmarti cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

      22.10 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to PaySmarti, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

      22.11 PaySmarti's Privacy Policy applies to use of this Site, and its terms are made a part of the Terms by this reference. [Do you have one?] Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

      22.12 PaySmarti complies with the requirements of Data Protection Act 1998. Please see our privacy policy for details of how your personal data will be processed.

      22.13 This Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under PaySmarti's control, and PaySmarti is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

      22.14 PaySmarti does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. PaySmarti cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. PaySmarti disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. PaySmarti disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any PaySmarti services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against PaySmarti for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

      22.15 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

      22.16 PaySmarti reserves the right to do any of the following, at any time, without notice;

      a. modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason

      b. modify or change the Site, or any portion of the Site, and any applicable policies or terms

      c. interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

      22.17 Any feedback you provide at this site shall be deemed to be non-confidential. PaySmarti shall be free to use such information on an unrestricted basis.

      22.18 PaySmarti may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) PaySmarti's rights or property, or the rights or property of visitors to or users of the Site, including PaySmarti's customers.

      22.19 PaySmarti reserves the right at all times to disclose any information that PaySmarti deems necessary to comply with any applicable law, regulation, legal process or governmental request. PaySmarti also may disclose your information when PaySmarti determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

      22.20 You acknowledge and agree that PaySmarti may preserve any transmittal or communication by you with Imperial through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or PaySmarti determines that such preservation or disclosure is reasonably necessary to

      a. comply with legal process

      b. enforce the Terms

      c. respond to claims that any such data violates the rights of others

      d. protect the rights, property or personal safety of PaySmarti, its employees, users of or visitors to the Site, and the public

      22.21 You agree that PaySmarti may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated the Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to PaySmarti, for which monetary damages would be inadequate, and you consent to PaySmarti obtaining any injunctive or equitable relief that PaySmarti deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PaySmarti may have at law or in equity.

      22.22 You agree that PaySmarti may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to);

      a. requests by law enforcement or other government agencies,

      b. a request by you (self-initiated account deletions),

      c. discontinuance or material modification of the Site or any service offered on or through the Site, or

      d. unexpected technical issues or problems.

      22.23 If PaySmarti does take any legal action against you as a result of your violation of the Terms, PaySmarti will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to PaySmarti. You agree that PaySmarti will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of the Terms.

    23. Dispute Resolution

      23.1 In the event of any controversy or dispute between PaySmarti and you arising out of or in connection with these Terms, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

    24. Applicable law

      24.1 You agree that all matters relating to the transaction with us will be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English Courts. ,