Terms of Service Whoosh – November 2017
Clause 1. Preamble
Yellowbrick International BV (YBI) has implemented a Service called WHOOSH, that enables Users to remotely pay their parking fees.
PARKEON S.A.S has granted a license to PARKEON Inc. (40 Twosome Drive, Suite 7 Moorestown, NJ 08057, United States), hereafter called the “Licensee”, which as a licensee, has granted a sublicense to Precise ParkLink (100 Floral Pkwy, North York, ON M6L 2C5, Canada), hereafter called the “Operator”, which takes care of the distribution of Whoosh in specific areas of Canada. This situation can deviate from the actual situation in case a new “Licensee” or “Operators” have been added recently. Please note that In Canada, multiple “Licensees” and “Operators” may be designated for specific areas.
Local specific regulations should be followed. The “Licensee” and “Operators” are not responsible in case the user of the Whoosh service does not adhere to these regulations.
The Service is activated on request of Operators in charge of the parking activity management in various locations. Operator is a technical intermediary between the Operator, and the User (all as defined below) which, by means of a platform, enables parking time to be purchased in a simplified manner by use a bank card (credit or debit) authorized by use of a phone or other device accessing the internet, and, based upon the payment and technical options selected by the Operator.
Clause 2. Warnings
The User acknowledges that “Licensee” or “Operator" has provided all information and warnings particular to the proposed WHOOSH service, by which User can evaluate and implement the technical and legal measures that are appropriate under the circumstances.
The creation of the WHOOSH Account and/or the use of the WHOOSH Service by the User requires the full and complete agreement by the User to these General Terms of Service.
The User acknowledges that it is fully aware of the fact that its agreement as to these General Terms of Service does not require the handwritten execution of this document. User may however save and print this document by accessing the WHOOSH website of Canada.
The “Licensee” or “Operator" reminds the User that the use of a mobile phone or any other device while driving is dangerous. The “Licensee” or “Operator" advises against the use of this service while driving a vehicle. The “Licensee” or “Operator" assumes no liability for any losses caused by the use of the WHOOSH Service or the Account while driving a vehicle.
Clause 3. Definitions
In these general Terms of Service, the following terms have the meaning indicated below:
- WHOOSH Mobile Applications: Applications available on the download platforms dedicated to the types of mobile devices supported by the WHOOSH Service.
- WHOOSH Account: Technical account by which the User is identified on the WHOOSH service; it is created by the User in its own name during registration either on the Website, using the WHOOSH mobile application, or on the mobile Website.
- Operator: Legal person or authority operating the parking service.
- WHOOSH Service or Service: Service provided by whereby parking fees are paid in accordance with the terms herein.
- WHOOSH website: Website co-held and controlled by the “Licensee” or “Operator” and any successor, currently located at the web address.
- The User: Person who sets up the Account.
- User Telephone: Telephone used by the user which has the feature and subscriptions required (voice and/or data plan) to access the service, or mobile telephone number entered in the Account.
- Ticket: Summary of the order relating to the parking fees featured on the home page screen of the WHOOSH Mobile applications and Websites consisting of the items set out in Clause 8.
- The sublicensee or operator: Company which operates the WHOOSH Service in areas of Canada.
Clause 4. Purpose
Clause 5. Acceptance of the General Terms of Service
Any confirmation by the User of a payment of parking fees, irrespective of the payment medium used (Mobile website, Mobile Applications, WHOOSH Website, interactive voice response, call centre, SMS), represents complete acceptance by it of these General Terms of Service.
The User therefore acknowledges that it is fully aware, upon the creation of its Account, of these General Terms of Service, and, at the time of payment, of the special terms of sale indicated by the operator or in force at the parking spot (cost of the service(s), length of stay, etc.) and expressly acknowledges that it unconditionally accepts and agrees to both these General Terms of Service and the special terms of sale and/or local regulations pertaining to any particular transaction.
These General Terms of Service apply for the full period during which they are available on line on the WHOOSH Website. The General Terms of Service shall prevail over any other terms and conditions featured in any other document.
The version of the General Terms of Service binding on the User shall be the version provided on the Website at the time of validation of the payment.
Clause 6. Modification
The “Licensee” or “Operator” reserves the right to modify and update access to the Website at any time as well as these General Terms of Service. These modifications and updates are binding on the User which must accordingly refer to this section on a regular basis to confirm the applicable General Terms of Service.
In order to still benefits from the whole WHOOSH Service, the User must accept the new General Terms of Service version.
Before confirming the purchase of the ticket, the User will be able to correct or modify its choices. This mechanism may be accessed at each stage of the purchase process.
Clause 7. Set up and management of the WHOOSH Account
The role of The “Licensee” or “Operator” is to facilitate the payment of parking fees from a phone or other device accessing the internet, without the requirement that bank card details be entered for each payment.
In order to personalize the Account of each User, the following information constitutes minimum requirements:
- Mobile phone number
- Password defined for accessing to the WHOOSH service
The user will be able to access to the WHOOSH service by using either his E-mail, his Login or his Mobile phone number, and his Password as well.
If applicable, the User will be able to get this access through his own Facebook account.
The Login, the E-Mail or the Mobile phone number, coupled with the Password, are proof of the User identity and bind on any payment made through them.
The vehicle license plate number (several vehicles that can be associated with the same WHOOSH Account), as well as bank card details (card number, expiry date, cardholder’s name, card security code) are only required for the purchase of the first parking ticket, or when the card information changes (expiry date). The bank card details are not kept in the PARKEON Information System, but at the provider of the payment solution. A User may register several bank cards, for example one for private usage and another for professional purpose.
Optionally, the following information may also be provided by the User:
- Family Name
- First name
- Address: Street, City, Country, State (if applicable)
The User undertakes to provide authentic information and not to distort its identity and/or not to provide a false identity.
The “Licensee” or “Operator” reserves the right to terminate or suspend any User Account if it contains inaccurate or false information.
Apart from any content provided by the “Licensee” or “Operator” , the User is and remains exclusively responsible for any personalized content of its WHOOSH Account. The User undertakes to update the content whenever necessary and to ensure that it is accurate, complete and current at all times.
The User alone bears any and all consequences which may arise from use by third parties (whether authorized or not), unless it can be demonstrated that the disclosure of his identifier(s) and password is the result of a fault attributable to the “Licensee” or “Operator” .
Clause 8. Use of the WHOOSH Service
The Account enables the WHOOSH Service to be used by any Operator which provides the WHOOSH Service in Canada.
Using WHOOSH, the User may purchase the following on-street parking rights:
- An hourly ticket
- A long term ticket
- An Electronic Permit
Depending on the entity in charge of the park, parking rights may be purchased by advance, and either on a unitary or recurring way.
The User may also purchase some off-street parking rights, in case countries are activated for this service.
For a proper functioning of the Whoosh service, new release can be necessary, The User is than advised to always download the latest version of the mobile application, when asked for.
8.1 Start a transaction
Based on the features selected by an Operator, the transaction may be started:
- By following the steps required by the Mobile applications
- By following the steps required by the Website
- By following the steps required by the mobile Website
- By following the steps required by the Interactive Voice Responder
- By following the steps required by SMS
- By following the steps required by the call centre
- By any other means proposed at a later stage
The parking area is selected either by geolocation, by address or by area code. This area defines the applicable parking price(s). The User shall ensure that the parking fee purchased through WHOOSH corresponds to the parking fee applicable to the area. The User may be subject to a fine for its own mistake.
If applicable, the choice of the service user type is the responsibility of the User. Any User which selects a service user type, for which it has not acquired the rights from the city, may be subject to a fine.
If a payment is initiated by SMS, the payment shall be directly made in accordance with the information sent by the User for the vehicle registered as a "vehicle by default" (may be modified on the website).
The “Licensee” or “Operator” may not be held responsible for any fraudulent usage of the Service, or for any miss-use of the Service or errors by the User.
The price represents the parking cost established by the Operator, including the cost of the service based on the options selected, as well as any applicable taxes.
After payment has been validated, the amount of the parking fee is debited from the account associated with the bank (incl card) entered into the WHOOSH Account. The payment is made in Canadian dollar.
The Ticket shall be valid for use by the User only if one of the following occur:
- Ticket appears in the list of ongoing tickets of its Account if it has been purchased via the Website, the mobile Website or the applications (the ongoing ticket interface is accessible via all those media).
- Receipt of the confirmation SMS if it has been paid by SMS
- Verbal confirmation upon payment by the voice response or call centre
The confirmation or rejection of payment is indicated to the User. In the event of any doubt as to the confirmation or rejection of the payment, and/or absence of confirmation or rejection of payment, the User should contact Customer Service. In such case, as it is likely that the Ticket has not been validated at all, and the User is urged to pay its parking fee by any other means available. Failing this, a fine may be issued by the Operator, for which the “Licensee” or “Operator” is not responsible.
The successful completion of the payment is related to the User's updating of its card bank details. The User agrees not to use a card that is expired or an account that does not have the sufficient funds.
The “Licensee” or “Operator” is not responsible for any fine that may be issued prior to the validation of the Ticket.
The User acknowledges and agrees that some of its data will necessarily be disclosed to third parties as part of the payment processing procedures.
As soon as the parking time on a ticket has elapsed, the customer may choose to consult, export and/or print it via the WHOOSH Website.
Any new ticket purchased without being near to the vehicle involves a possible risk of fine, which PARKEON cannot be responsible for.
8.2. Extension of the ticket
The User may at any time extend the validity of an already issued Ticket via the interface "ongoing tickets" from the Application or any connected object from which the Service would be available, provided that the Ticket has not expired, that it has not reached the maximum parking time established in the price policy of the Operator, and that the Operator accepts extensions of tickets.
8.3. Stop a Parking transaction
In the event when the entity that operates the park has subscribed to the “STOP” option, the User may , from the Application or any connected object from which the Service would be available, STOP an on-going transaction that has not reached yet it end time; in this specific case, the actual parking fee (plus the convenience fee if applicable) payment is performed at the time when the parking transaction stops, and not when it has started.
8.4. Information featured on the ticket
The ticket includes the following information:
- A unique ticket number
- The plate number of the car used
- The parking location and the corresponding zone code
- The User type
- A parking beginning and end time, and/or parking duration
- The amount paid by the User
- If applicable, the free parking duration
- If applicable, the amount of Taxes, as part of the paid amount
- If applicable, the convenience fee amount, as part of the paid amount
Clause 9. Price and payment
Registration to the WHOOSH Service is free.
A convenience fee for using the Whoosh! service is added to the parking fee. The total fee is summarized for you before you complete your transaction. The convenience fee varies by location.
User is responsible for all charges associated with its device and access to the internet.
The use of the WHOOSH Service is subject to any rules of the Operator, including, but not limited to: prices, price bands, parking time limits, maximum or minimum prices applied, parking durations, timetables, and terms of extension.
The parking service prices and fees of the Operator shall be those established and applicable on the date of use of the service. For each purchase initiated by the User, the amount of the transaction, including any applicable taxes and convenience fees (if any at all) of the Operator shall be invoiced to the bank account associated with the bank card entered in the Account. The use of the WHOOSH service is in addition to other payment methods available by the Operator.
In the event that the WHOOSH service is interrupted for technical or any other reason, the payment of required parking fees must be made by the User by any other payment method made available by the Operator.
At any time, the User can access to the history of his parking transactions.
Clause 10. Security and confidentiality of payments
The bank card details used (card number, expiry date, security number) in the WHOOSH Service are securely managed by a banking service provider which holds PCI-DSS certification (Payment Card Industry Data Security Standard) or equivalent.
Clause 11. Liability
The “Licensee” or “Operator” shall only be solely liable for any losses or direct damage caused by and to the extent of its own negligence or wrongful act. The liability of The “Licensee” or “Operator” shall be limited to a maximum amount of the Ticket amount.
In no event shall The “Licensee” or “Operator” be liable for any indirect, special or consequential damages. The “Licensee” or “Operator” shall not be responsible for any damage of any kind, which may arise from an improper use of the WHOOSH Website, Smartphone Applications, SMS, interactive voice response and/or call centre.
The liability of The “Licensee” or “Operator” may not be incurred on account of any risk inherent to the use of the internet, such as, in particular, any suspension of the service, intrusion or presence of electronic viruses, loss of files, malfunction and/or interruption of the mobile networks or any other fraudulent use of personal data, such as identity theft.
As online payment operations are complex and involve the intervention of a number of parties, it is thus expressly acknowledged that the “Licensee” or “Operator” may not be held responsible for any incidents that occur on the infrastructure that it does not manage or exercise control. No claim of any kind may therefore be made that result from events originating upstream or downstream. In particular, The “Licensee” or “Operator” is not responsible for losses or damage arising from a payment refusal involving the User's card, a malfunction involving a third party (for instance, a failure in the connectivity to the Internet with the payment processors).
The “Licensee” or “Operator” is not liable for any damages incurred by the User or Third parties which arise from a case of force majeure or any event outside of the reasonable control of the “Licensee” or “Operator”.
Clause 12. License for the Software and other intellectual property rights
the “Licensee” or “Operator” grants to the User, which accepts, a non-transferable access-limited license to its WHOOSH Websites and Smartphone applications, exclusively for its personal use in connection with the use and maintenance of User's Account. This license does not include any resale or commercial use of the WHOOSH service, any collection or use of information, description of price, any use arising from this website or its content, any downloading or copying of the account information to be employed by third parties, any use, research of data, automations or other data collection or extraction tools.
No material or information related to the “Licensee” or “Operator” may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for a commercial end without the express written consent of the “Licensee” or “Operator”.
All audio-visual elements of the WHOOSH website, the WHOOSH Smartphone Applications, as well as graphics, logos, headers, icons, scripts, service names including underlying technology, are the exclusive property of the “Licensee” or “Operator” and are protected. In this capacity only the uses specifically defined herein are authorized.
Any other use which is not expressly authorized in advance is prohibited.
By connecting to the Websites, the User undertakes not to copy or download all or part of their content.
Clause 13. Loss, theft and unauthorized use
The User is liable for any use of its Account including any transactions carried out by a person authorized to use his Telephone, his Account, or his Password.
As soon as the User becomes aware of any fraudulent use of its Account or Password, he shall immediately inform the “Licensee” or “Operator” by calling the local number (fill in). This information shall be confirmed in writing by registered letter with acknowledgement of receipt to the local address (fill in).
In the event of loss or theft of the User's access device or the bank card associated with the Account or as soon as he becomes aware of the same, the User shall immediately inform its telephone operator/internet service provider or the entity which issued the bank card. In both cases, the “Licensee” or “Operator” advises the User to close and/or update the information of its account, pursuant to the provisions of Clause 16 herein, in order to minimize any risk of fraudulent use.
Clause 14. Resolution of disputes relating to the Service
14.1. Disputes relating to the parking Service
The “Licensee” or “Operator” does not undertake to provide parking services, parking fee collection services or to issue any fines.
The “Licensee” or “Operator” assumes no liability or administrative responsibility with respect to any dispute relating to the parking service which falls within the exclusive responsibility of the Operator.
In the event of a dispute relating to the Parking service, all claims shall be made to the Operator in charge of the parking service. In support of the claim, the User may attach the Ticket which may be exported or printed from the WHOOSH website.
14.2. Disputes relating to the Whoosh Service
In the event of any technical issues related to its WHOOSH Account, the User may access the WHOOSH Website to consult the FAQ available on line, or contact the support service of the “Licensee” or “Operators”, whose details and terms of access are provided on the contact page of WHOOSH Website. Please note that the User must contact the support service responsible for the area where the issue has occurred. These details are provided on the same contact page.
Clause 15. Personal data
User personal data requested for setting-up the WHOOSH Service are essential for the good behaviour of this Service.
Any personal data will be maintained in accordance with the personal data and security policy, available at the WHOOSH website. Those personal data are kept so long as the User hasn’t requested the closure of his WHOOSH Account.
Subject to User's opt-out rights, the “Licensee” or “Operator” or other companies may send to the User any sales offers concerning its products and services. Whenever e-mails are received, the User may indicate at any time that he wishes to opt out by altering the preferences of his WHOOSH User Account.
The “Licensee” or “Operator” may use Account information, including confidential information, for internal processing of parking transaction data or for statistical analysis.
Clause 16. Closure of the Account
The “Licensee” or “Operator” reserves the right to close the User Account at any time for any reason or no reason.
Any such closure shall not affect any of the ongoing parking fees paid by the User, or any of the obligations of the “Licensee” or “Operator” in existence at the time of the closure. The User may close its Account at any time and free of charge by sending a written request to the local address.
The User personal data are anonymized at the reception of the Account closure request
Clause 17. Duration
These General Terms of Service shall apply for the full period during which they are available on line on the WHOOSH website.
Clause 18. Assignment
The “Licensee” or “Operator” reserves the right to assign any its rights and obligations arising from this agreement to third parties.
Clause 19. Entire contract clause
Clause 20. Applicable law
The specific Terms of Service are governed by the laws of Canada
Clause 21. Language
The specific Terms of Service and the special terms are drafted in the language of Canada
Clause 22. Disputes
The specific Terms of Service are subject to the laws of Canada.
In the event of a dispute, the User shall notify the “Licensee” or “Operator” in writing within 30 days of its knowing the basis of the dispute.
In case when the dispute cannot be solved directly between the User and the “Licensee” or “Operator", it will be brought to the competent court.