1. Introduction

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

Parkd: Parkd NV, limited liability company with registered office at Van de Wervestraat 20 box 104, 2060 Antwerp, registered in the Crossroads Bank of Enterprises with number 0785.477.294;
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.
Connected Car System: the Parkd Partner with whom the Client has entered into an agreement, this Parkd Partner shares the track-and-trace information with Parkd;
Correct Use: means the use of the App as set forth in the manual accompanying the App;
Data: means all information coming from the Parkd Partner(s) that enables mobile parking via the App;
MyParkd: the online system enabling Clients to register and use Parkd’s services (https://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;
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);
User: the natural person who has downloaded the App, registered and is able to use Parkd’s services through the Clients;

These general terms and conditions apply to the installation, use and termination of (the use of) the App by the User who wishes to use the App for their parking session(s) and has been enabled to do so by the Client.

By registering and using the App (which includes downloading and installing the App), the User expressly, unambiguously and without any reservation accepts these general terms and conditions and the privacy policy https://parkd.com/en/privacy-policy/

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 services (possibly) provided by Parkd Partners or other third parties via the App, i.e. any party other than Parkd.

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

Parkd reserves the right to amend these general terms and conditions at any time and will inform the User 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. User sign-up

Users must have a device suitable for using the App. Parkd does not guarantee that User will be able to access the App via all wireless devices nor that the App will be available in all geographic locations and at all times.

During sign-up, Users are required to indicate for which zone he/she has a parking permit. If the User parks in the designated zone, the App will not start a parking session.

The User guarantees that he/she is at least 18 years old.

The User expressly accepts, insofar as this complies with the relevant legislation, that Parkd tracks the location of the User when the App is used, in order to be able to perform the services that are the purpose of the App.

The processing of Personal Data collected is governed by Parkd’s privacy policy. https://parkd.com/en/privacy-policy

The User will only be validly signed up, once registration has been completed and validated by Parkd. The User will not communicate his login details to third parties and will keep them strictly personal.

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 is at the User’s own risk. Users will only use the App if and to the extent that they have received permission to do so from the Client.

It is the sole responsibility of the Users to ensure that they can use the App, and only in the cities where the App is active.

During each parking session, local parking regulations and/or (traffic) rules and/or traffic signs and/or road works must also be respected 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.

The User is responsible to activate a parking session himself if a problem occurs with the Parkd Partner(s) which prevents the App from being used correctly, it being understood (and as described below) that, in such case, the User must verify via the App that the parking session has been activated correctly and signed out correctly.

When using the product with “semi-automatic” parking or “automatic” parking, the User will receive a notification in case Parkd has not received any Data from the Parkd Partner(s) for one hour. This notification will contain the notification that the parking session will not be automatically signed out. Parkd is not liable for any damage resulting from a parking session which was not ended after the notification has been sent.

When using the product with “automatic” parking, the User will receive a notification in case Parkd has not received any Data from the Parkd Partner(s) for one hour. This notification contains the notification that the parking session will not be automatically started. Parkd is not liable for any damage resulting from a parking session not being started after the notification has been sent.

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

 

4. Parking fine

Any parking fine disputed by the User or the Client may, within a period of 30 days from the date indicated on the parking fine, be sent to Parkd, together with its supporting written arguments. Parkd will analyse the fine within a period of 30 days from receipt of the fine. Within this same period, Parkd will decide whether the fine will be refunded to the Client. Parkd will motivate such decision.

If the fine is not being communicated to Parkd in a timely manner, Parkd reserves the right not to analyse such fine. The periods referred to in this Article 4 will not be extended if the last day is a Saturday, a Sunday or a public holiday.

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 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 User a non-exclusive, non-sublicensable and non-transferable license to use the App. The User is not allowed to make the App available to third parties, sell, rent, decompile, reverse engineer or modify it without Parkd’s prior written consent. The User is not allowed to remove or bypass any technical devices intended to protect 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 as otherwise provided, 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 is 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 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, except in the case of deliberate errors on Parkd’s part.

The User must always check the App is functioning when performing parking sessions. If the App cannot be used for any reason, the User is responsible for paying for the parking session.

Under no circumstances can Parkd be liable for incorrect use of the App by the User, nor for the services provided or the omissions by Parkd Partners.

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

Parkd can never be liable for compensation of indirect or consequential damage on the part of the User or third parties.

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

Parkd is not liable for any damages resulting from the use of the App, except in the case of intent, gross negligence or damage, its to persons. In that case, Parkd’s liability is limited to an amount equal to the amount paid out by its insurer, as applicable.

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

The User may terminate the use of the App at any time free of charge by removing or uninstalling the App from their mobile device.

Parkd reserves the right to change the content of the App at any time and without prior notice, to interrupt access to all or part of the App and/or to terminate the agreement immediately without 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 or in case of misuse or fraud of the App by the User.

9. Applicable law, dispute resolution

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

All disputes arising from or related to 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