General Terms and Conditions of Use for the PrestoPark Website and Application ("GTCU")

Last updated March 2019.

Please read these General Terms and Conditions of Use carefully. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER ON THE WEBSITE OR USE THE MOBILE APPLICATION ("APP").

PrestoPark is a platform used by a number of cities. The city or its representative is responsible for the commercial relationship with users, and the contact person for any information requests, requests regarding the management of their file, and complaints. IEM is the technical developer of PrestoPark and owns the PrestoPark brand. It ensures the proper functioning of users' e-services, accounts and transactions.

These General Terms and Conditions of Use enable motorists to subscribe online (from their Browser), download, order, purchase, pay for and access on-street parking e-services, or other services relating to mobility and carparks and (using the smartphone APP) (jointly referred to as the "Services"), available from one of the companies affiliated with the IEM SA Group, ch. du Pont-Centenaire 109, 1228 Plan-les-Ouates, Geneva-Switzerland. These GTCU shall only apply to the user (as well as their company, where applicable) (jointly referred to as "User" or "you") and the affiliate of IEM SA directly involved in the transaction ("IEM", "we", or "us").

AS SOON AS YOU CREATE AN ACCOUNT OR USE THE SERVICES IN ANY WAY, YOU CONFIRM THAT YOU HAVE ACCEPTED THESE GTCU AS APPLICABLE TO THE SERVICES AND CONFIRM THAT YOU SHALL COMPLY HEREWITH.

Our Offers and Your Rights and Obligations

The Basic Services can be used without registering, through instant access. However, certain Services require prior user account registration.

Registering an account. Registration is completely secure and free of charge; you can register online at www.prestopark.com or directly using the PrestoPark application. By registering, you confirm that your information is true, accurate and up-to-date. An account, the username and password are personal and must not be disclosed to third parties. Fraudulent or improper use is prohibited and any theft must be reported to us as soon as possible.

Fleet management by a professional account. The Fleet Management Service is designed for companies and organisations wishing to centralise all parking transactions within a single business account, allowing employees to purchase virtual tickets without registering a bank card, with payments being made directly from the fleet supervisor's account. If you are using an account that was created for a company or organisation, such as your employer, both you, as the user, and your company/organisation, shall be jointly responsible for the obligations arising from the use of the Services. It is up to the company or organisation to define the rules of using the Virtual Ticket Service, remaining in a professional context.

Electronic Desk. The Electronic Desk lets you submit or renew, directly online, a request for a specific status, which offers preferential parking fees. The User must be registered in advance and must submit a new request for the vehicle concerned, the type of right, their personal information and the desired parking area, if necessary. Supporting documents are requested depending on the right requested. The User downloads the required documents in digital format.

Once the request has been sent, the city processes the application within 7 business days and informs the User by email of the granting of their rights. Once these rights have been acquired, you can buy a short- or long-term ticket using the Virtual Ticket Service, or directly using the parking meter (depending on the subscription type).

Obtaining a specific status is of course not the same as purchasing a parking ticket; you will still need to buy a specific parking ticket for your vehicle.

Access Users can access the Services by:

  • Smartphone (or mobile), by downloading the PrestoPark APP on the AppStore or Google Play
  • SMS, only available with certain phone carriers
  • On the Website: www.prestopark.com

A description of our tools, including instructions relating their use, can be found at http://www.iemgroup.com/fr/solutions-produits/ecosysteme-presto/. Our tools (the APP, the Website and the Services) are constantly evolving, without notice. It is therefore recommended that you regularly check on how our tools are to be used.

Compliance with parking rules. You must comply with the highway code and applicable parking regulations at all times, and must follow instructions issued by local police, administrative authorities and companies that operate off-street parking.

Parking. You shall be solely responsible for any use you make of the Services. Your must also provide all necessary and accurate information about your parking. We require this information in order to properly process your parking fees, which will be handled automatically by payment systems based on this information. You shall be solely responsible for paying any fines or parking fees resulting from incorrect information relating to your parking.

Availability and compatibility. Your hereby acknowledge that the use, compatibility and availability of the Website, APP and payment systems depend heavily on the functioning of your phone or computer, internet telecommunications, GPS device and other third-party resources that you may use to access our Services.

To be clear, we cannot guarantee the access, functioning, availability and compatibility of the Services. We cannot guarantee the availability of a parking space. If you are unable to access and use our parking payment systems for any reason whatsoever, you must use another payment method (e.g. parking meters) to pay your parking fees, at the risk of being liable to an increase and/or fines.

Payments

Consent. By selecting " # [ANNOTATION:

BY 'Auteur' ON '0000-00-00T00:00:00'A NOTE: 'Note pour le client: Il y a peut-etre une traduction existante pour ce bouton dans l'appli en anglais, donc a verifier / mettre a jour si besoin'] Start my parking" or receiving the SMS payment confirmation, you activate and validate your electronic parking ticket, thereby definitively committing yourself. This act represents your consent and shall have the same value as a handwritten signature. Once made, all payments are firm and final.

Pricing Prices are set by the city or car park operator; they are the only contacts and are solely responsible in this regard. However, IEM updates prices on the APP and Website. Prices are presented in the local currency (euros in France and Belgium, Swiss Francs in Switzerland, etc.). As this is a fee, on-street parking is not subject to VAT.

The options selected, and in particular the parking area, determine the price of a virtual ticket; the duration can be modified after the timed parking ticket is activated. You can extend or stop the parking time at any time by returning to the APP. The actual cost is calculated and is automatically paid by card. If parking is ended early, no transaction will be made as long as the ticket was activated during a free parking period. However, the set minimum amount will remain due.

You must obtain a parking permit for your vehicle and comply with the validity period and maximum permitted parking time, like all other users. You must also ensure that the the zone and your vehicle are parked correctly, so that the right price is applied. If the correct options are not selected, you will have to obtain the city's post-parking package, under the same conditions as a user who paid using a parking meter.

Post-Parking Package. With or without an account, you can enter your Post-Parking Package (PPP) on the Website or mobile application. Be sure to verify the information relating to your parking and vehicle before paying. The PPP is deducted from the parking ticket already purchased, if it exists, and may be reduced if an early payment was made pursuant to the local authority's rules. Once the payment notice has been sent by a certified agent, the PPP shall be due by the User and must be paid within three months. In the event of non-payment, the User must pay their PPP plus 20% (minimum increase of €50).

Short- and long-term subscriptions. To purchase a subscription, you must first have a specific status conditionally issued by the city's car park operating company, or by the city itself. This right offers you preferential subscription fees for a specified vehicle, insofar as this right has a validity period greater than or equal to the duration of the selected subscription. Depending on the city, the length of subscriptions is either seasonal or from one date to another. Under no circumstances shall public holidays falling within the subscription period be postponed until the end of the subscription period. A purchased subscription can not be modified or stopped once it has been activated. To modify an existing subscription, please directly contact the authority that issued the subscription.

Payment. At the end of your parking period, you hereby agree to pay the stipulated price by automatic collection of parking fees by a third-party payment system, either by direct debit from your registered credit card, or by SMS. These third parties have their own terms and conditions of use, and you must accept them before use. We are not responsible for the service offered by these third parties. The third party performing the financial transaction is the sole and exclusive holder of the sensitive data relating to the User's bank details. In the event of a dispute, this third party may be asked to provide information on transactions recorded by us.

You hereby represent that you have obtained the necessary authorisations to use the card payment method for your purchase, and that you have sufficient funds to pay for the parking, either in your bank account or on the prepaid card. For an SMS payment, you pay the parking fee plus the cost of the SMS via your operator's mobile phone bill.

Refunds. No money is transferred between you and us, or between us and the carpark operator company. We shall not make any refunds in the event of a device malfunction.

Complaints. The city or operating company is solely responsible for the content of its offer, and is the only party authorised to settle complaints and disputes of any kind. We can only be involved in complaints relating to a technical problem resulting in a malfunction of the PrestoPark system. No complaint relating to an error caused by incorrect parameters being entered will be accepted. For disputes relating to payments, the third party in charge of the payment system may be contacted.

In the specific case of a dispute over a post-parking package, you can submit an appeal on www.prestopark.com within one month. Once the PPP number has been entered, send your mandatory prior administrative appeal (Recours Administratif Préalable Obligatoire - RAPO), together with the required supporting documents for your claim. The city or its delegate will send the User its reply by email or by post.

Fees. In addition to the applicable parking fees and depending on the type of contract entered into with the city, we may be able to charge you based on your selection and use of our parking payment systems and related Services. Our fees may comprise registration fees, parking fees and/or a monthly subscription fee, fees relating to ancillary services and other fees applying to our services, that we may change from time to time. For more detailed information regarding specific services and applicable fees, please visit the page dedicated to the city on prestopark.com, your account, the prestopark mobile app or, in the case of an account created by a company or any other third party, please contact your administrator. You are responsible for all costs charged by third parties in exchange for accessing or using our services (e.g. phone charges, text messages/SMS or data transmission charges applied by your mobile carrier).

Other Terms and Conditions

Duration. You shall have access to the Services concerned as of the creation of your account or use.

Termination. We reserve the right to terminate or suspend your account or use of the Services immediately and at any time, if we believe that you are not complying with your essential obligations (e.g. a serious breach of your obligations, security risk, fraud, abuse or a legal breach). We will send you written or electronic notice if we decide to terminate or suspend our Services. For a suspension to be lifted, you will need to resolve the cause thereof within the notified period; otherwise, the Services will be automatically terminated.

Link to our Privacy Policy. When you register for or use our Services, you will provide us with personal data. We take your privacy extremely seriously; we undertake to comply with applicable laws and to keep you informed of any personal data processing. Please read our Privacy Policy carefully, which can be found here: http://www.prestopark.com/privacy. Should you disagree with the way we process your personal data, as described in our Privacy Policy, please do not use our Services.

No guarantee. Except for the exemptions mentioned in these GTCU, we do not guarantee the uninterrupted and error-free operation of the Services, or the correction of any problems. The APP and the Website are provided without any guarantees whatsoever.

Intellectual Property. The Website, the APP, software and all of their content are the exclusive property of IEM and its third parties. Any reproduction, distribution, modification, adaptation, retransmission or publication of these different elements, even in part, is strictly prohibited without IEM's express written consent.

Limited liability. In any event, our maximum total liability for any damage or loss resulting from a specific event or series of events relating to our contractual relationship shall be limited to the amount paid for the transaction by the User.

Nothing in the GTCU shall preclude our liability for wilful misconduct or gross negligence, death or personal injury caused by our negligence or by any other type of liability that cannot be ruled out or limited under applicable laws.

We shall not be held liable for any incorrect use of the Services, a failure by the partner in charge of banking transactions (e.g. credit card, mobile phone invoice or prepaid card), any fine or vehicle removal or other breach of applicable laws or regulations, any third-party claim, loss of income, data, sales or earnings, or any loss or damage that was not reasonably foreseeable at the time the transaction was entered into, or that is indirect or consequential loss or damage.

Force majeure. In the case of a force majeure event, for example disruptions in telecommunications infrastructures (internet), civil unrest, wars, traffic disruptions, strikes, cyber attacks, business and supply interruptions, fires, floods or any other circumstances beyond our reasonable control, in which we cannot provide our Services and rendering us unable to comply with the terms of the transaction, our obligation to provide services shall end.

Assignment and rights of third parties The transaction is entered into by you and IEM. No other person shall have a right to invoke any of these provisions. You cannot assign your rights to any other parties without our prior written consent.

Changes. We may change these GTCU at any time, however not retroactively. The date of the version appearing on the Website or APP shall prevail.

Each paragraph of these terms and conditions is independent of the others. If a court or competent authority deems any of these provisions unlawful, the remaining provisions shall remain in full force and effect.

Governing law and courts with jurisdiction. The transaction and GTCU are governed by the laws of the country in which the transaction takes place (e.g. France, Switzerland, etc.). You may submit any complaint, action or dispute by means of proceedings before the competent courts in the country in which the transaction took place.

Provisions in Specific Countries

France

Law on the modernisation of territorial public action and the affirmation of metropolitan areas. Parking fees are paid either at the beginning of the parking period or by the payment of a post-parking package (PPP), in the event of absence or insufficient immediate payment. The amount of the PPP shall be reduced, if applicable, by the amount of the parking fee already paid, based on the last proof of payment prior to the PPP payment notice being issued by the certified agent.

Litigation

This contract is subject to French law, for the substantive rules for the rules of form. Disputes over the future will be settled amicably. If it is impossible to reconcile, the parties will apply to the jurisdiction of the domicile of the city.

Supported bank cards

• Blue Card / VISA / Mastercard • Visa • Mastercard

Version: terms-v3

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