In the Agreement the following words and expressions shall have the following meanings unless the context otherwise requires:
• "Account" the User's account with parkbytext;
• "Account Application Form (Registration Page or Sign-Up Page)" the online or phone application process which must be completed prior to opening an Account;
• "Account Maintenance Charges" the monthly administration fee payable to parkbytext by the User (50p per vehicle ex vat) as notified by parkbytext from time to time and may be adjusted by parkbytext at any time on the giving of 14 days' prior notice to Users;
• "Agreement" the agreement between the User and parkbytext for the maintenance of an Account and for the use of the system by the User on the terms and conditions set out herein, frequently asked questions and the Account Application Form (Registration Page or Sign-Up Page) and other information which may be published by parkbytext from time to time on www.parkbytext.co.uk ;
• "Consumer" as such term is defined in Section 3 of the Sale of Goods and Supply of Services Act, 1980;
• "Convenience Charges" this is the charge applied to all transactions to activate a parking session in addition to the parking fee.
• "Equipment" all equipment used in the operation of a Parking Facility
• "Low Balance Level" means the low balance level chosen by the User on the parkbytext Home page. The User can choose from four low balance level options with £5.00 (Sterling Pounds) being the minimum amount required.
See below for "Minimum Balance".
• "Mandate" a direct debit or other continuous authority mandate authorising the payment to parkbytext of a sum of money;
• "Method of Payment" a payment made by either Mandate or any of the Other Methods;
• "Minimum Balance" the minimum balance of £5.00 (Pounds), or such other amount as may be determined by parkbytext from time to time and notified to Users, that a User must maintain in his/her Account at all times;
• "Other Methods" a payment made by credit card, debit card or cash;
• "Parking By-laws" the By-laws made in respect of any Parking Facility;
• "Parking Facility" any Parking Scheme or other service which may be used with a parkbytext as notified by parkbytext from time to time;
• "Parking Fees" the parking fees liable under the terms of the Parking Facility or relevant Parking Bye-laws and/or parking fees or charges payable in respect of the use of a Parking Facility.
• "Parking Scheme" any parking service provided by an operator accepting parkbytext as a method of paying for parking;
• "Parking Transaction" means the payment of a Parking Fee by a User to park in a valid Parking Facility for a defined time period.
• "Pay and Display Meters" means the physical pay and display machines located in Parking Facilities where Consumers can make parking payments;
• "SMS" means Short Message Service or "Text", a communication service, using standardised communications protocols allowing the interchange of short text messages between mobile telephone devices and parkbytext;
• "Statement" the Account statement showing amounts received from the User, the amount of Parking Transactions, charges (including the Account Maintenance Charges) and other sums charged by parkbytext and such other information as parkbytext may deem appropriate from time to time;
• "Top Up" means the payment lodged in User Accounts in advance of Parking Transactions;
• "User" the Account person registered with parkbytext.
• References to persons shall include bodies corporate and unincorporated, associations, partnerships and individuals. References to the masculine gender shall, unless the context otherwise requires, include the feminine gender and vice-versa.
• References to pence or pound shall mean the lawful currency for the time being of the United Kingdom. Headings to clauses are for information only and shall not form part of the operative provisions of this Agreement and shall be ignored in construing it.
2. Collection of Parking Fees and Charges
2.1 Mobile Research Solutions Limited reserves the right to notify all parkbytext customers of any update to our service by text or email. Mobile Research Solutions Limited also reserves the right to include advertising material if the company so wishes on confirmation emails and texts. Ongoing use of the PBT service is deemed as acceptance to these stated conditions.
2.2 In the case of mobile phone roaming, please note that due to telecommunication restrictions customers may experience difficulties phoning or texting in to the UK parkbytext numbers if they are roaming outside of the Ireland. In this case, customers can still access their PBT account online.
2.3 Upon application to parkbytext for an Account, the User will complete an Account Application Form (Registration Page or Sign-Up Page) and will:
(a) indicate his/her proposed Method of Payment;
(b) provide requested details relevant to his/her proposed Method of Payment; and
(c) if his/her proposed Method of Payment is payment by Other Methods, his/her application must be accompanied by a Top Up.
2.4 parkbytext shall be entitled to deduct Parking Fees, Account Maintenance Charges and other sums and charges due to it pursuant to the terms hereof, from the funds received from the User from time to time, as the same shall be incurred. The charges which parkbytext may deduct under this clause shall (without prejudice to the generality of the foregoing) include such charges as parkbytext may notify from time to time in connection with misuse or the issue of additional statements or reports to the User.
The Account Maintenance Charge is 50 pence (£0.50) per vehicle per month excluding VAT.
2.5 parkbytext shall act as a collection agent on behalf of the operators of Parking Facilities in relation to the collection of Parking Fees from the User. The payment contract is between the User and parkbytext.
2.6 Convenience charges apply to all transactions and these vary from based on location. The charges are displayed on the location signage within each car park or parking place.
2.7 parkbytext will make available on its website for viewing by the User an on-line transaction statement detailing each individual transaction on the Account for the previous 30 days or such other period as parkbytext may from time to time determine. On the occasion that parkbytext makes such changes the customer will be notified in advance.
2.8 The User acknowledges that:
(a) The User is responsible for ensuring that the Account is in credit, for example, by reason of the User's account not being in credit, the User will have to pay the Parking Fee in cash or by Other Methods when using the relevant Parking Facility;
(b) The Parking Fee payable in respect of the use of any Parking Facility can be increased from time to time by the relevant operator and any such increases shall become immediately binding upon the User and parkbytext may request the User to increase the top up paid by him/her each month;
(c) if he/she cancels or alters his/her Mandate or does not intend to continue making payments by any of the Other Methods he/she shall within 24 hours notify parkbytext of such cancellation, alteration or intention;
(d) He/she is not entitled to interest on any sums received by parkbytext pursuant to the terms hereof;
(e) He/she must notify parkbytext of any change of payment card details, vehicle details, mobile phone number, email address or of the Users name or address or registered office, as the case may be;
(f) parkbytext acts as collection agent on behalf of the operators of Parking Facilities in relation to the collection of Parking Fees from the User. The contract is between the User and parkbytext.
parkbytext reserves the right to suspend and account or usage of the system if its terms and conditions are not adhered to.
When the balance on an Account has fallen below the Low Balance Level, parkbytext will, using the payment details provided by the User, automatically seek a further payment from the User to bring the Account back to the User's Top-Up Amount as chosen by the User in his/her Account Settings.
In the event of a payment failure, parkbytext will notify the user and request that the User brings their account back to the Users Top-Up Amount or in other words, brings their account back in good standing. We reserve the right to suspend the User’s Account until successful payment of the Top Up Amount is made. If the user chooses not to Top Up his or her Account, the terms of Clause 4.1(b) may at the discretion of parkbytext apply. parkbytext may provide notice that a Low Balance Level has been reached.
When the users balance goes below the Minimum Balance and their payment fails or they are not Auto Top Up, then we will send an SMS reminder to bring the account back to balance every two weeks for the first two months and then every month after that. For each reminder message of this type there is a 20p charge.
4.1 The Agreement may be terminated, at the discretion of parkbytext, at any time by notice from:-
(a) parkbytext to the User, if:- (i) having provided parkbytext with a completed Mandate, the User has cancelled or altered his/her Mandate for whatever reason; or (ii) having confirmed that he/she would make payments by any of the Other Methods, a parkbytext request for funds is not accepted, or the User notifies or it becomes apparent to parkbytext that he/she does not intend to continue making payments by any of the Other Methods;
(b) parkbytext to the User, if 14 days or more (or such other reasonable term as parkbytext may determine from time to time) have elapsed from the suspension of an Account pursuant to Clause 3 and the User has failed to ensure that the Account holds at least the Minimum Balance Level;
(c) parkbytext to the User, if the User goes bankrupt or is otherwise unable to pay his/her debts as they fall due or, as appropriate, an encumbrance lawfully takes possession (and does not relinquish possession within 30 days) or an examiner or receiver or liquidator is validly appointed in respect of the assets of the User or an examinership order is made in respect of the User or an order or an effective resolution is passed for the winding-up of the User;
(d) parkbytext to the User, if the User is in breach of any of the terms of the Agreement if such breach is incapable of remedy or, if capable of remedy, such default continues un-remedied for 10 days after notice thereof has been given by parkbytext to the User.
(e) Either party to the other of at least one week.
4.2 Unless a third party agrees with parkbytext to take an assignment or otherwise accept the benefit and burden of parkbytext of the Agreement, the Agreement will automatically terminate when all contracts entered into by parkbytext which entitle Users to use or have access to Parking Facilities come to an end and are not renewed. In any event parkbytext shall notify the User before or upon the happening of the relevant event.
4.3 Upon receipt of notice of termination if parkbytext holds funds to the credit of the User, parkbytext shall soon thereafter send a cheque made payable to the User for the sum equivalent to the funds so held less an administration charge of £5 (Pounds) + VAT.
4.4 Any termination of the Agreement pursuant to this clause shall be without prejudice to any other rights or remedies accrued to the parties.
5.1 Where either party is required to notify the other according to the Agreement or otherwise wishes to communicate with the other party such notice or communication may be served, in the case of parkbytext by contacting parkbytext Customer Care at firstname.lastname@example.org in the case of the User by email to the User to the last email address last notified to parkbytext in Account Settings.
5.2 Any notice or other communication so served shall be deemed duly served at the time of email transmission.
5.3 parkbytext may also notify Users of changes to this Agreement by publishing a notice of such changes on www.parkbytext.co.uk provided however that such changes shall not come into effect until at least 10 days after such publication.
6. Changes to Terms and Conditions
The terms and conditions of the Agreement may be changed by parkbytext at any time and any such changes will be notified (in accordance with Clause 10.4) to the User prior to coming into effect.
parkbytext shall be, but the User shall not be, entitled to assign transfer, charge or otherwise deal with the rights, benefits and burdens hereunder.
8. Data Protection
Unless you have provided your consent to parkbytext and with the exception of any disclosure made by parkbytext to a relevant Parking Facilities operator in connection with any Parking Facility and subject as hereinafter mentioned, parkbytext shall not be entitled to disclose any information concerning the User to any person other than to any person that assumes parkbytext duties, rights and liabilities, hereunder.
Any information given by the User in relation to any loss, theft or misuse may be passed on to the Gardai together with any other information parkbytext considers relevant to the operation of a Parking Scheme.
For further information see our Data Protection Policy.
8.1 Access to your information: You can write to parkbytext at any time to obtain details of the personal information we may hold about you. This is called a Subject Access Request. For further information, and to make a request, see our Subject Access Request Form.
9.1 The following provisions set out parkbytext's entire liability to the User in respect of:
(a) any breach of its contractual obligations arising under the Agreement; and
(b) any representation, statement or act of tort act or omission including negligence arising under or in connection with the Agreement
9.2 parkbytext shall not accept liability to the User in respect of direct damage to the tangible property of the User resulting from the use of parkbytext. This does not affect your statutory rights.
9.3 parkbytext shall not be liable to the User in respect of any loss of profits, goodwill or any type of special, indirect or consequential loss howsoever caused (including, loss or damage suffered by the User as a result of an action brought by a third party) except if such loss was reasonably foreseeable or in the contemplation of parkbytext or if parkbytext had been advised of the possibility of the User incurring the same. This does not affect your statutory rights.
9.4 Nothing in this Agreement shall confer any right or remedy upon the User to which he/she would not otherwise be legally entitled.
9.5 Except as expressly stated herein, all conditions, warranties, representations and/or undertakings, express or implied, statutory or otherwise are excluded.
10.1 There shall be no waiver of any terms or conditions unless such waiver is evidenced in writing and signed by the waiving party.
10.2 No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof of any other right, power or privilege.
10.3 The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.
11. Entire Terms and Conditions
The terms and conditions set out herein together with the Frequently Asked Questions, the Account Application Form (Registration Page or Sign-Up Page) and information which may be published by parkbytext from time to time, constitute all the terms and conditions of the Agreement. The User acknowledges that he/she has not relied upon any representation save for any set out in these documents.
12. Governing Law
The interpretation of the Agreement shall be governed by English Law and the User irrevocably submits to the exclusive jurisdiction of the English courts.
13. Service unavailability
If parkbytext, or any component part of parkbytext (i.e. SMS), experiences any interruption which temporarily prohibits a User from accessing the service, it remains the responsibility of the User to pay for parking using other existing methods i.e. Phone, Online or Pay and Display meter system.
14. SMS Services
SMS activation, reminder and payment facilities are available to parkbytext users.
14.1 SMS activation is used to link vehicle details to the Users Account. It is the User's responsibility to ensure the correct vehicle details are linked to the Account. Parking Transactions performed with incorrect vehicle details may result in the vehicle being clamped or fined.
Users must ensure that their details contained in the activation process are correct. If not, Users must contact parkbytext to correct the details at www.parkbytext.co.uk
14.2 SMS reminders are provided as a reminder to Users that a Parking Transaction is due to expire. It is the User's responsibility to ensure that he/she has sufficient parking time paid for in the Parking Facility. SMS reminders are charged at the rate of 20 pence (£0.20) each (or such other amount as may be determined by parkbytext from time to time and notified to Users).
14.3 Users availing of SMS services must ensure they follow the correct steps outlined in the frequently asked questions, signage at the Parking Facilities and information leaflets. Failure to follow the correct steps may result in the vehicle being clamped or fined.
14.4 parkbytext reserve the right to charge for any undelivered SMS or, in the case of SMS reminders, SMS delivered after the Parking Transaction expires.
14.5 Standard network charges apply for SMS. parkbytext may apply an additional SMS service fee. Any additional SMS service fee will be notified to Users by publishing a notice regarding same on www.parkbytext.co.uk and any additional fees shall not come into effect until at least 10 days after such publication.
15. Dormant Accounts
When an Account has been inactive for a continuous period of 18 months, the Account will be deemed to be inactive and any remaining funds will be removed from the Account.
parkbytext reserves the right to refuse a refund on any Parking Transaction, SMS and Account Maintenance Charges. A request for a refund of a parking transaction made after the start date and time will be declined. Any refunds to a debit or credit card will have a £1 administarion charge. Minimum refund amount is £3.
17. Force Majeure
If the use of the parkbytext System or any Parking Facility is prevented or hindered by any matter beyond the control of parkbytext including but not limited to acts of God, acts of government, strikes, lockouts, industrial disputes, winds, fire, lightning, aircraft, explosion, flooding, drought, riots, civil commotions, acts of war, malicious mischief or theft then the performance of the Agreement shall be suspended without any liability on the part of parkbytext until such prevention or hindrance comes to an end.