1. Introduction

The following definitions are used in these general terms and conditions:

Parkd: PickMeUp, a limited liability company with its registered office at August Michielsstraat 23, 2000 Antwerp, registered in the Crossroads Bank of Enterprises with number 0554.702.616;

App: the mobile application “Parkd” enabling Users to start mobile parking sessions and to register their parking time;

Client: the natural persons or legal entities and their representatives and authorised representatives, entering into or wishing to enter into an agreement with Parkd.

MyParkd: the online system enabling Clients to register and use Parkd’s services (www.my.parkd.com).

Parkd Partner(s): Telecommunication and IT partners with whom Parkd works to enable mobile parking via the App and which the Client can select via MyParkd;

User: the natural person who has downloaded the App, has registered and is able to use Parkd’s services through the Client;

Personal data any data enabling the identification of a natural person within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

These general terms and conditions apply to any order, offer or agreement arising from or concluded between Parkd and a Client (e.g. if the Client registers via MyParkd).

The Client’s general terms and conditions are hereby expressly excluded unless Parkd gives its prior, written and express consent.

By registering and using MyParkd, the Client expressly, unambiguously and without any reservation accepts these general terms and conditions and the privacy policy http://www.parkd.com/en/privacy-policy.

The Client is also responsible for the acceptance of and compliance with the general terms and conditions of use of the App www.parkd.com/generalconditions/user by the User. Before granting Users access to the App, the Client shall ensure that the User has accepted the general terms and conditions.

The general terms and conditions and the privacy policy can also be consulted, downloaded, saved and printed from the website www.parkd.com.

The general terms and conditions, privacy and/or cookie policy of the third party or parties concerned also apply to the (potential) services provided by Parkd Partners or other third parties via the App, i.e. any party other than Parkd.

Parkd is not responsible for the services, the general terms and conditions and the privacy and cookie policies of such third party or parties.

Parkd reserves the right to amend these general terms and conditions at any time and will inform the Client accordingly. If one of the provisions of these general terms and conditions is declared invalid or null and void, this shall not affect the validity of the remaining provisions.

2. Client sign-up

When signing up through MyParkd, Clients are required to correctly enter their details (e.g. billing details, license plate or number plates of their users, etc.) in MyParkd and to keep them up to date at all times. Clients must also indicate which Parkd Partner they want to connect to and must have concluded an agreement with the Parkd Partner concerned.

Clients acknowledge that they are aware that the App can only be used if they have entered into an agreement with a Parkd Partner. The Client is solely responsible for entering into an agreement with a Parkd Partner.

The Client is responsible for entering correct data and for timely notification of changes.

The agreement between the Client and Parkd will only be concluded after Parkd has been able to verify the data entered by the Client (including the link with the Parkd Partner concerned) and confirms the Client’s request by e-mail.

Parkd reserves the right to refuse Clients, without having to provide any reasons for doing so.

The Client is solely responsible for passing on links to its authorised Users and will also require them to comply with the conditions for using the App. It is the Client’s sole responsibility to provide access via MyParkd to the Users who may use the App on behalf of the Client and to monitor and enforce the use of the App by the Users in accordance with its terms and conditions of use.

3. Use

Parkd can provide an upgrade for the App. The upgrade then qualifies as an App within the meaning of these general terms and conditions.

Parkd reserves the right at all times to make changes, modifications, extensions, renewals, etc. to the App.

Use of the App by the User is at the expense and risk of the Client. The Client is liable vis-à-vis Parkd for the User’s obligations as set out in these general terms and conditions and the terms and conditions of use of the App,  www.parkd.com/generalconditions/user. The Client acknowledges that the User must respect the local parking regulations and/or rules and/or traffic signs and/or roadworks during each parking session.

The Client acknowledges that the User’s use of the App causes the User to owe parking fees for the parking sessions carried out by the User.

To be able to use the App, the User must provide the necessary equipment, system software and (internet) connection at their own expense or at the expense of the Client.

For the parking system, a distinction is made on the basis of the product selected by the Client:

– Manually

The parking system is activated and terminated by means of the start and stop button on the App. The Client acknowledges that at the start of a parking session, the User is deemed responsible for the correct use of the App (including verifying the correct determination of the location).

The User can easily end the parking session by pressing the stop button in the App. The User can indicate whether the parking session is for private or professional purposes.

A parking session will last for 24 hours as a maximum. The Client acknowledges that the User is at all times responsible in case of exceeding the duration of a parking session and that it is the sole responsibility of the User to check that the parking session has been effectively ended. Parkd cannot be held responsible for any additional billing if the parking session was terminated incorrectly or not terminated.

– Semi-automatic

When using a connected car system with the “semi-automatic” parking feature, a message is sent to the User via the App asking them to start a parking session. It is up to the User to activate the parking session. The parking session will be signed out automatically.

The Client acknowledges that the User is deemed responsible for correctly using the App (in particular verifying the correct start of the parking session via the App).

The User will still have to indicate whether the parking session is for private or professional purposes.

– Automatic

When using a connected car system with the “automatic” parking feature, a notification is sent to the User via the App that a parking session has been started. The User can cancel this parking session within 5 minutes, free of charge, by opening the App and indicating the reason for the cancellation.

It is up to the User to deactivate the parking session. The parking session will be signed in and out automatically.

The Client acknowledges that the User is deemed responsible for correctly using the App (in particular verifying the correct start of the parking session via the App).

The User will still have to indicate whether the parking session is for private or professional purposes.

– Autonomous

If the User uses a so-called “autonomous” system, the Client must use MyParkd to indicate in which parking zones the system can be used. It is the Client’s sole responsibility to ascertain which parking zones Parkd is active in.

4. Payment

The Client undertakes to pay all amounts and sums relating to the use of My Parkd, the App and the parking sessions entered into by its registered Users.

Parkd will collect the outstanding amounts on a monthly basis. Parkd’s invoices are payable within 14 days of the invoice date, unless otherwise provided. In case of direct debit, the amounts due are payable on the fifth working day after the invoice date.

The monthly service fee (incl. VAT) applicable per car registered by the Client in My Parkd is invoiced to the Client on an annual basis.

This bill will be sent together with the first invoice for the parking costs (without VAT). The parking fees cover all costs incurred by the Users when using the App for the parking sessions they have entered into.

The times of the parking session registered via the App are binding on the Client and User. It is the sole responsibility of Users to ascertain the applicable parking fees for their selected parking sessions.

If invoices are not paid on time, the App may be temporarily or permanently blocked for the User. Furthermore, Parkd has the possibility to initiate legal proceedings if the outstanding amounts are not paid.

In the event of late payment, a default interest of 10% per year shall be payable by the Client by operation of law and without prior notice of default, with each month that is started counting as a full month.

A compensation fee amounting to 10% of the outstanding amount (with a minimum of EUR 25 and a maximum of EUR 250) will also be owed to cover administrative costs, without prejudice to Parkd’s right to recover all other damages and costs from the Client.

Late payment by the Client of one invoice shall render all other (even non-due) invoices due and payable by operation of law and without notice of default.

If the Client and/or the User disputes a parking session or parking fine, only the Client must report this directly to Parkd by letter or via support@parkd.com. Such a dispute does not suspend the payment of outstanding invoices.

If, after verification, Parkd accepts the dispute in writing, the fine will be credited from the next invoice.

5. Intellectual property rights

The intellectual property rights, including copyright, trademarks, logos, software, databases, source code, models, drawings, patents and other registered or non-registered rights relating to the content and composition of My Parkd and the App are the property of Parkd and may only be used in the context of the services offered via the App;

Parkd grants the Client a non-exclusive, non-sublicensable and non-transferable license to use MyParkd and the App. The Client is not allowed to make MyParkd and the App available to third parties, or to sell, rent, decompile, reverse-engineer or modify it without Parkd’s prior written consent. The Client is not allowed to remove or bypass any technical devices intended to protect MyParkd and the App, or have them removed or bypassed.

No element of this agreement can be construed as a transfer of these intellectual property rights. Only a right of use of the software is granted, within the limits as stipulated in these terms and conditions.

Parkd reserves all rights. Unless otherwise agreed, any other use of the App, including but not limited to the reproduction, adaptation, distribution, transfer, republication, publication and/or reproduction of all or part of the content of the App is strictly prohibited without Parkd’s prior written consent.

6. Liability:

The App and Myparkd are available as is, and should only be used for the purposes specified herein. These purposes are general and in no way tailored to an individual situation.

Parkd will make all reasonable efforts to keep the App and MyParkd available and to limit any inaccuracies, interruptions or malfunctions in its use. Under no circumstances can Parkd be held liable for any inaccuracies, interruptions, malfunctions, changes or other defects in the offer, implementation or operation of the App and MyParkd, except in the case of deliberate errors on Parkd’s part.

Parkd is not liable for the compatibility of the App with the Client’s or the User’s hardware, nor for the compatibility of the updated version of the App with the version used by the User.

In the event of incorrect data being entered or changes not being communicated in good time, Parkd is not liable for any resulting damage and the Client shall bear all liability and the liability of its Users exclusively.

Under no circumstances can Parkd be held responsible for incorrect use of the App and MyParkd by the Client, or for services provided or omissions by Parkd Partners.

Parkd can never be held responsible for compensation of indirect or consequential damage on the part of the Client, User or third parties, including but not limited to loss of profit, trading loss, loss of assets, loss of customers, loss of contracts, loss of goodwill, loss of data, claims from third parties, etc.

Parkd is not responsible for changes in the cost price of a parking session due to changes in local parking regulations.

If Parkd is liable for any damage, its liability will be limited to a maximum of the amount paid out by its insurer where applicable or the service fee paid by the Client in the past 6 months, whichever is lower.

The Client shall indemnify Parkd against any claims from third parties and/or Users suffering damage arising from or in connection with the use of the App and whose cause is attributable to parties other than Parkd.

In doing so, the Client acknowledges, among other things, that it has accepted Parkd’s limitations of liability in respect of the Users (article 5 – Liability of the general terms and conditions of use of the App www.parkd.com/generalconditions/user).

7. Force majeure

In the event of force majeure, Parkd is entitled to suspend its obligations or terminate the agreement without the intervention of a court of law. This does not give rise to any right to compensation or damages. Force majeure is understood to mean any event over which Parkd reasonably has no control and which renders the performance of the obligation impossible, including but not limited to fire, strike, seizure or enforcement order by the government, breakdown of the internet, power or telephone network, bugs in hardware or software of third parties, etc.

Circumstances beyond Parkd’s control shall also be regarded as force majeure if they render the performance of the agreement by Parkd impossible or so unreasonably difficult or unreasonably long that the performance of the agreement can no longer reasonably be enforced under the same conditions.

8. Termination

In principle, the Agreement between the Client and Parkd is entered into for an initial period of 1 year and is automatically renewed for new periods of 1 year each, subject to notice of termination by the Client no later than three months before the expiry of the aforementioned period.

Parkd may also terminate the agreement with immediate effect in the event of breach by the Client of these general terms and conditions (including the Client’s failure to pay invoices on time), by the User of the general terms and conditions of use of the App, or if the Client no longer has an agreement with a Parkd Partner, without prejudice to Parkd’s right to claim compensation or reimbursement of costs.

In the event of unilateral termination of the agreement by Parkd, all parking charges already owed (as well as all other costs) will remain payable to Parkd by the Client.

Moreover, Parkd reserves the right to change the content of the App and MyParkd at any time and without prior notice, to interrupt access to all or part of the App and MyParkd and/or to terminate the agreement immediately without the Client or Users being able to derive any rights from this. This may in particular be the case if these general terms and conditions are not complied with, invoices are not paid on time or in case of misuse or fraud by the Client.

9. Applicable law, dispute resolution

Belgian law exclusively governs the contractual relationship between Parkd and the Client as well as the acquisition, use and termination of (the use of) the App, and all possible disputes that may arise in connection therewith.

All disputes arising from or related to the contractual relationship between the Client and Parkd or from the use of the App shall be subjected to the exclusive jurisdiction of the Antwerp District Courts.

For questions about the App or these terms and conditions, please contact Parkd by e-mail at the following address: support@parkd.com