# Terms and conditions of use
The general conditions of use and legal information (hereinafter “Terms and Conditions”) regulate the use and access to the Parkimeter website (hereinafter the “Website”) and Parkimeter’s mobile application (henceforth the “App”), named for now and collectively as the “Platform” owned by Parkimeter Technologies, SL (hereinafter “PARKIMETER”) as well as the contents that the Platform make available to people (hereafter the “User”).
In compliance with article 10 of Law 34 /2002 of July 11, Services Information Society and Electronic Commerce, the identification data of the owner of this website are as follows:
|Company Name||Parkimeter Technologies, SL|
|Address||Plaza Sagrada Familia 9. 08025 Barcelona (ESP)|
|Registry||Barcelona T 43834 , F 119, S 8, H B 439699, I/A 1 ( 2.07.13)|
The platform has been designed to raise awareness of the services offered by PARKIMETER, which consist in the provision of a parking management service (hereinafter the “Service”).
Access to the Service by the Users can be done by the Website or through the APP, which is available for free download on the Apple App Store and Google Play Store.
Access to the platform implies knowledge and acceptance of the following Terms and Conditions of Use:
Login and Register
Access to the platform is open to any individual or company, however access to certain services such as billing or private area require prior registration.
To be a user platform it is essential that the following requirements are met:
- Be over 18 years old.
- Truthfully complete the required fields of the registration form or application service, in which personal data are requested.
- Accept the Terms and Conditions contained herein and the Privacy and Data Protection Policy.
To access the private area and register as a manager it is required, in addition to the above, to have the status of self-employed or be legally constituted as a company.
The User guarantees that all data concerning the identity and legitimacy, as well as data on their employees or collaborators provided in registration forms of the Platform are truthful, accurate and complete and have been collected lawfully in accordance with the stipulations of the current legislation. The User also undertakes to keep their data properly updated.
In the event that the User provides any false, inaccurate or incomplete data or if PARKIMETER considers that there are reasonable grounds to doubt the truthfulness, accuracy and completeness on the provided data, then PARKIMETER may refuse access and all current or future use of the Platform or any of its contents and / or services.
PARKIMETER will provide access to the private area by a username and password, both are strictly confidential. The User agrees not to disclose the information concerning their account or make it accessible to third parties. The User shall be solely responsible for any use of these data by third parties, including comments or opinions expressed on the website, or any other action that is carried out by using their username and/or password.
The User agrees to immediately notify to PARKIMETER of any extraction, disclosure or loss of their username or password, using the contact email.
Users may unsubscribe from PARKIMETER by emailing the contact email. On confirmation of cancellation of the subscription, the user will lose any unused credit or any applied benefit or promotion.
The method of payment for users with access to the Private Zone is as follows:
When a credit card is registered, will proceed automatically to verify it, making a charge of € 0. This charge is made for security reasons, to check the validity of your card to ensure that it has not been lost or stolen. To perform this process, PARKIMETER seeks approval for the transaction amount. However, PARKIMETER will not actually charge anything to your card. It is simply an authorization that may appear on your bank statement in a few days.
The method of payment for home users without access to the private area is as follows:
Both during the customer's credit card registration through the Parkimeter app and the parking reservation payment through our website, you will be directed to the payment card registration secure page of our bank that will act as keeper of this information and will give validity to the card if it is correct. In no case does PARKIMETER have or will have access to the card's complete numbering, which is guarded by the bank at all times.
PARKIMETER reserves the right to refuse a booking, informing the user in the shortest possible time and with the sole commirment to return the up-front payment he had done.
The rates indicated include the V.A.T. Rates may have errors, which will be corrected as soon as possible by PARKIMETER. These rates have been approved by the operator of each parking before being published and may be modified without prior notice. If for any circumstance beyond PARKIMETER, the parking lot rejects the reservation, the Customer shall be entitled to a total amount's refund (previously paid for the service) by PARKIMETER.
After making a payment to PARKIMETER, the client will receive by email to the e-mail address reflected in the reservation or in its registration the corresponding proof of payment.
PARKIMETER may collect, use and share precise data on your location including the real-time geographic location of your computer or mobile device.
This location data is collected and used by PARKIMETER to show Users the closest available car parking according to their location. This information will never be disclosed to third parties or other users of the Platform.
Users shall not use their profile and the contents of the Platform for illicit purposes or effects that are harmful to the rights and interests of others, or in any way damage, disable, disrupt or impair the Platform, its content and services. Preventing the normal use of the platform by other Users is also prohibited.
Those who violate such obligations shall be liable for any loss or damage incurred. PARKIMETER will not be liable for any consequence or damage that may arise from such access or unlawful use by third parties.
In general, the user commits, by way of example and not limited to:
- Not to use the Platform for any illegal or unauthorized purpose;
- Not to host, store, disclose, publish, distribute, or share pictures or images or photographs to collect personal data of third parties without obtaining the appropriate consent of the owner;
- Not to host, store, disclose, publish, distribute or share any materials or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, libellous, deceptive, fraudulent or otherwise contrary to morality or public order;
- Not to alter or modify all or part Platform, avoiding, deactivating or manipulating the functions or any other services of the Platform;
- Not to infringe the intellectual property or the rules governing the protection of personal data;
- Not to introduce viruses, corrupted files, or any other computer program that can provoke damages or alterations to PARKIMETER’s contents or systems or third parties;
- Not forward emails with massive and/or repetitive character to a plurality of persons, nor to send email addresses of third parties without their consent.
Any user can report an allegation that another user is in breach of these terms and conditions of use, all users can also inform PARKIMETER of any abuse or violation of these conditions via e-mail to the contact email. PARKIMETER will verify this report as soon as possible, and take action as appropriate.
Conditions of Use of the parking facilities
Once the User access to the parking, accepts the conditions of use of the facilities. In no case PARKIMETER will be responsible for damages and prejudices of any kind, against vehicles, people or property, including without limitation any direct, indirect or expressly warned damage arising from, or in relation to the use of the parking facilities and its own accesses and the parking employees actions.
The client will behave with decorum and sufficient education in accordance with good practices and in compliance with current legislation. The parking reserves the right of admission if it considers that the client does not comply with its conditions of use.
Any parking reservation can be canceled and the amount of the stay refunded, as long as it is canceled more than 24 hours before the date and time reflected in the reservation as entry to the parking. The way to make a cancellation is through the link included in the reservation confirmation e-mail sent to the client at the time of booking.
The refund by Parkimeter will be made through the same means of payment in which the reservation has been paid. The management expenses, if any, will not be refunded in any case.
Responsibility of PARKIMETER
The user is responsible for having the services and equipment necessary for Internet browsing and accessing the PARKIMETER Platform. In the event of any incident or difficulty accessing the Platform, the user can report the issue to PARKIMETER by mail to the contact email. PARKIMETER will proceed to analyse the incident and take the actions to resolve the issue in the shortest possible time. If applicable, PARKIMETER will give instructions to the user, in the shortest possible time about how to resolve it.
PARKIMETER will not respond in the event of service interruptions, connection failures, unavailability or failures to Internet access service or interruptions of the Internet or for any other reason beyond the control of PARKIMETER.
PARKIMETER is not responsible for any security errors that may occur or for any damages that may be caused to the User's computer system (hardware and software), files or documents stored therein as a result of:
- The presence of a virus in the mobile terminal of the user that is used to connect to the services and contents of the computer system or platform;
- A malfunction of the browser;
- The use of outdated versions thereof.
PARKIMETER will not be responsible for the accuracy or legality of information and content provided by users.
PARKIMETER does not assume any responsibility for the linked content (Links) which make possible, through the Platform, for the User to access benefits and services offered by third parties, provided that they are oblivious to it. So PARKIMETER is not responsible for the information contained in them nor for any effects that might result from such information. If any User or third party observed that such links may be contrary to law, morals or public order, they must inform PARKIMETER by email to the contact email.
Updating and Modifying Platform
Also PARKIMETER keeps the right to make, at any time and without notice, updates, modifications or removal of information contained in its platform, in the configuration and presentation of it and in the access conditions, without assuming any responsibility for it.
PARKIMETER does not guarantee uninterrupted or error-free access to the Platform or in its contents or that such information is always up to date, however, PARKIMETER will make all efforts aimed to correcting the errors, restore communication and update the contents, provided that there are no causes that make it impossible or difficult to execute, as soon as it becomes aware of errors, disconnections or lack of updated content.
PARKIMETER owns or licensee of all intellectual and industrial property included in the Platform as well as the content accessible through it.
The intellectual property rights of the Platform, as well as texts, images, graphic design, navigation structure, information and contents contained in it are owned by PARKIMETER, who has the exclusive rights to exploit them in any form and in particular the rights of reproduction, distribution, public communication, in accordance with Spanish legislation on intellectual and industrial property.
The user authorization for access to the Platform does not imply renunciation, transmission, license or total or partial transfer of intellectual or industrial property by PARKIMETER.
It is not permitted to remove, ignore or manipulate in any way the contents of the platform PARKIMETER. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or otherwise distribute all or part of the contents included in the Platform of PARKIMETER for public or commercial purposes, if you do not have the express written permission of PARKIMETER or from the holder of the rights to whom it may concern.
The relationship between PARKIMETER and the User shall be governed by and construed in accordance with these terms and conditions of use that in the interpretation, validity and performance shall be governed by Spanish law and any dispute shall be submitted to the Courts of Barcelona.
PARKIMETER, under current legislation on the protection of personal data, informs users of its website and mobile application about the Privacy and Data Protection applied in the handling of personal data voluntarily provided by the User in order to access the PARKIMETER website and PARKIMETER's mobile applications, collectively named as the Platform.
The user, by providing their personal data to PARKIMETER through electronic forms of the Platform, expressly consents that PARKIMETER can treat these data under the terms of this Privacy and Data Protection policy.
The User agrees to properly update the information provided to PARKIMETER. The User shall be liable for damages that PARKIMETER or third parties may suffer as a result of the lack of accuracy, inaccuracy, lack of validity and authenticity of the data provided.
The personal data will not be disclosed to third parties without prior authorization by the user owner of the data.
Organic Law of Protection of Personal Data - LOPD
PARKIMETER expresses its commitment to comply with current legislation at all times for the protection of data, specifically with Organic Law 15 /1999 of December 13, Protection of Personal Data; Royal Decree 1720/2007, of 21 December, approving the Regulations implementing the Organic Law 15/ 1999; and other applicable legislation.
By registering on the Platform the User expresses their consent to the processing of their personal data that will form part of a file owned by PARKIMETER in order to manage the relationship with the user and to keep them informed about the latest news, products, PARKIMETER offers and services by any channel, including electronic.
Security Measures and Levels
PARKIMETER has taken the necessary steps to maintain the required level of security depending on the nature of the personal data and the circumstances of treatment, in order to avoid, as far as possible and according to the state of the art of technology, their alteration, loss, processing or unauthorized access.
Users may exercise their rights of access, rectification, cancellation and opposition in accordance with the provisions of Law 15 /1999 of December 13, Protection of Personal Data, taking into account the exercise thereof is fully personal, so it will be necessary that the affected user certifies their identity. The exercise of these rights should be done by contacting PARKIMETER through the contact e-mail.
Parking files ownership and where to exercise the rights
Personal data will also be included in the files of the parking lot where the reservation is made, in order to manage your stay in the parking lot.
You can exercise the rights of access, rectification, cancellation and opposition in the parkings files by speaking with the car park where you have made the reservation.
About the parking bookings in the SABA network establishments, the files ownership will be of SABA APARCAMENT SANTA CATERINA, S.L., SABA PARK 3, S.L., SABA PARCAMIENTOS, S.A. or SOCIETAT D'APARCAMENTS TERRASSA, SA, and can contact Saba Aparcamientos, SA, Av. Parc Logístic, 22-26, 08040 of Barcelona, or by email to firstname.lastname@example.org (ref. Personal information) to exercise its rights.
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