Close

Terms and Conditions

Home       FAQ

ParkByApp Program User Terms and Conditions (Last modified 20 April 2016)



These Terms of Use (“Agreement”) sets forth a legally binding agreement between


you and PassportParking, Inc. (“the Company”). This web site or application,


including any software (including, without limitation, software, code, files, images,


contained in or generated by the software, accompanying data, Boot ROM code and


other embedded software), documentation and any accompanying fonts


(collectively, the “Platform”) is provided pursuant to this Agreement. By accessing


this Platform in any way, including, without limitation, browsing this Platform, using


any information, and/or submitting information to the company, you agree to and are


bound by the terms, conditions, policies and notices contained in this Agreement),


including, but not limited to, conducting this transaction electronically, disclaimers


of warranties, damage and remedy exclusions and limitations, and a choice of New


York law. Please read this Agreement carefully before using this Platform.



From time to time we may update this Platform and this Agreement. Your use of


this Platform after we post any changes to this Agreement constitutes your


agreement to those changes. You agree to review this Agreement periodically to


ensure that you are familiar with the most recent version. The company may, in its sole


discretion, and at any time, discontinue this Platform or any part thereof, with or


without notice, or may prevent your use of this Platform with or without notice to


you. You agree that you do not have any rights in this Platform and The companywill


have no liability to you if this Platform is discontinued or your ability to access the


Platform is terminated. You further agree that the company will not be liable for any


modification or suspension of the Platform.



Please read this Agreement carefully before using the Platform. If you do not agree


to the terms contained in this Agreement, then you may not use the Platform. Your


use of the Platform constitutes your acknowledgment that you have the legal


authority to bind yourself or any party you represent to, and your acceptance of, this


Agreement. You acknowledge that you have read and agree to be bound by this


Agreement and to comply with all applicable laws, regulations and/or rules with


regard to your use of the Platform. You represent that you have the legal authority


to bind yourself or any party you represent to this Agreement.



YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR


PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE


TERMINATED IMMEDIATELY IN THE COMPANY’S SOLE DISCRETION, WITH OR


WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS


AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO


REASON.



On certain areas of this Platform, you may be given the ability to provide us with


personally identifiable information. Please read our Privacy Policy for more


information about our information collection and use practices.



Grant of License


The Platform is licensed to you by the company subject to the terms of this Agreement.


Neither title nor any intellectual property rights are transferred to you, but rather


remain with the company or its licensors, who own full and complete title, and the City


and respective licensors reserve all rights not expressly granted to you. The rights


granted herein are non-transferable, and are limited to the company’s intellectual


property rights in the Platform and do not include any other patents or intellectual


property rights. This Agreement does not grant you any rights to use the company


proprietary interfaces and other intellectual property in the design, development,


manufacture, licensing or distribution of third-party devices and accessories for use


with the Platform. Any use of the Platform in any manner not allowed under this


Agreement is prohibited. This Agreement does not entitle you to receive and does


not obligate the companyto provide hard-copy documentation, support, telephone


assistance, or enhancements or updates to the Platform. You may not modify, alter,


copy, publicly display or perform, distribute, create derivative works, of the


Platform.



Your rights under this Agreement will terminate automatically without notice from


the company if you fail to comply with any term(s) of this Agreement. Upon the


termination of this Agreement, you shall cease all use of the Platform and delete all


copies of the Platform from your mobile device and account.



Company Content


The company provides this Platform to you, subject to this Agreement. This Platform,


and any services performed, provided or enabled by or through this Platform and all


the information, communications, scripting, photos, text, video, graphics, music,


sounds, images, trademarks, logos, product and program names, and other materials


and complications of the foregoing, that may be provided to you via this Platform


(collectively “Content”) by the company or its content providers, are the property of the


company and its content providers, and is protected in the U.S. and internationally under


trademark, copyright, and other intellectual property laws, and are intended for the


lawful use by registered users (as applicable) of this Platform. You represent and


warrant that you will use the Platform and Content only for the purposes permitted


herein, that all information you submit is accurate and otherwise complies with this


Agreement, and that you will promptly notify the company if any of your information


changes. The company makes no representation that the Platform or Content are


appropriate or available for use in particular locations.



You agree not to download, display or use any Content in any other manner that is


likely to cause confusion among consumers, that disparages or discredits the company


and/or its licensors, that dilutes the strength of the company or its licensors’ property, or


that otherwise infringes the company or its licensors’ intellectual property rights.



Accounts, Security, & Passwords


Certain areas of the Platform may require registration or may otherwise ask you to


provide information to participate in certain features or access certain content. If


you elect not to provide such information, you may not be able to access certain


content or participate in certain features of the Platform.



Where the Platform requires you to open an account or otherwise submit


information, you must complete the specified process by providing us with current,


complete, and accurate information as requested by the applicable registration


form. It is your responsibility to maintain the currency, completeness, and accuracy


of your registration data, including, without limitation, your name, address, license


plate number, mobile telephone number, business details (if relevant), email


address and method of payment details. After you have fully completed the


registration form, you may be asked to choose a password and a user name. It is


entirely your responsibility to maintain the confidentiality of your password and


account. Additionally, you are entirely responsible for any and all activities that


occur under your account. You agree to notify the company immediately of any


unauthorized use of your account. You further agree not to email, post, or otherwise


disseminate any user ID, password, PIN, or other information which provides you


access to the Platform. The company is not liable for any loss that you may incur as a


result of someone else using your password or account, either with or without your


knowledge.



You agree that the company may collect and use technical and usage data and related


information in compliance with our Privacy Policy. You grant the company the


permission to use this information to improve its products or to provide services or


technologies to you.




Use of Parking Payment Services


You activate the parking payment services (“Parking Services”) by either: (a) using


the ParkByApp mobile app, (b) calling a phone number provided on


ParkByApp signage or (c) accessing our website at ParkByApp.com either


on your desktop or mobile browser.



You are responsible for correctly entering the relevant parking zone number, which


is indicated on the sign on the same side of the street and on the same block where


your vehicle is parked. The parking zone number informs us of the rate to charge


you for your parking and of any time restrictions on the amount of time you are


permitted to park your vehicle in that zone. You are responsible for checking and


verifying the side of the street and the block on which are parked for any permanent


or temporary parking restrictions posted. Note that use of the Parking Services does


not guarantee you a parking space and you may only activate the Parking Services


after you have found an available space.



All notices and signs or directions made by relevant government authorities, traffic


attendants or authorized persons (e.g., the suspension of a parking space) shall take


precedence over any information that you receive from the company if for any reason the


information is inconsistent. All applicable parking regulations apply to you and your


use of the Parking Services does not exempt you from following such rules. Parking


rates may be subject to change and it is your responsibility to ensure that you are


paying at the then current parking rate. You agree to pay all fees for Parking


Services provided to you pursuant to this Agreement. The company shall process the


parking fee from the funds available in your pre-funded account and/or charging


your stored method of payment to replenish your account funds at the time of your


parking transaction. You must have a valid method of payment registered and


sufficient funds in your pre-funded account or suspension of Parking Services may


occur.



You know that the company has validly accepted your parking transaction when you have


received confirmation. You are responsible for ensuring that you have properly


activated the Parking Services for the relevant parking zone before you leave your


vehicle unattended. You are responsible for any fine, ticket, or penalty charge issued


between the time of parking the vehicle and the notification via mobile telephone or


Internet that the vehicle is validly parked.



In the event that the Platform is unavailable, you are not excused from paying for


parking for time spent in the associated parking stall and facility.



The company is not responsible for any fines, parking tickets, penalty notices and the


enforcement of vehicle parking-related offenses you incur or receive regardless of


whether or not you receive any notification via the Platform that the vehicle is


validly parked. You are solely responsible for resolving with the relevant authorities


any issues that you may have regarding the issuance of fines, parking tickets,


penalty notices or your vehicle being impounded. If you authorize the company to contact


the relevant authorities on your behalf regarding the issuance of fines, parking


tickets or penalty notices, you acknowledge and agree that in such cases, the company


may provide all or a portion of your information collected by the companyto the relevant


authorities. In addition, in the event that you fail to pay any amounts owing for the


Parking Services (whether due to a declined credit card or other circumstances),


then the company, upon the reasonable request of the relevant authorities, may provide


all or a portion of your information collected by the company to such authorities, which


you acknowledge and agree that they may use solely for purposes of collecting or


attempting to collect any unpaid amounts owed by you.



If you do not use the Platform account for 2 years, the company may close your account. If


your account is closed for any reason including for inactivity, The company will refund


any remaining balance after all pending parking transactions are cleared to the


payment method on file at the time. In the event a refund cannot be refunded to the


payment method, you must contact the companyfor alternative ways to receive any


applicable refund. Please allow up to 6 weeks for refunds to be processed.



Wallet Accounts


You will have the option to prepay funds into a wallet account for the payment of


future parking fees in spaces owned by ParkByApp. The funds will be


held by ParkByApp, and the wallet account will have a minimum


starting balance of ten dollars ($10.00). You be notified when the wallet account’s


balance falls to or below zero dollars ($0.00). You will be able to fund the Wallet


using the following major credit card: Visa and MasterCard.



Use of the Platform


The following requirements apply to your use of the Platform:



• You will not use any electronic communication feature of the Platform for any


purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing,


libelous, defamatory, embarrassing, obscene, threatening, or hateful.


• You will not use the Platform for any commercial purpose not expressly approved


by the company in writing.


• You will not upload or otherwise transmit any material that contains viruses or


any other computer code, files, or programs which might interrupt, limit, or


interfere with the functionality of any computer software or hardware or


telecommunications equipment.


• You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or


otherwise make available the Platform or any features or functionality of the


Platform, to any third party for any reason, including by making the Platform


available on a network where it is capable of being accessed by more than one


device at any time


• You will not make the Platform available over a network where it could be used on


multiple devices at the same time.


• You will not remove, delete, alter or obscure any trademarks or any copyright,


trademark, patent or other intellectual property or proprietary rights notices from


the Platform, including any copy thereof.


• You will not collect or store personal data about other users.



Except as and only to the extent permitted by applicable law, you may not copy,


decompile, reverse engineer, disassemble, attempt to derive the source code of,


modify, or create derivative works of the Platform or any part thereof. Any attempt


to do so is a violation of the rights of the company and its licensors of the Platform. If you


breach this restriction, you may be subject to prosecution and damages. By storing


content on your device, you are making a digital copy. In some jurisdictions, it is


unlawful to make digital copies without prior permission from the rights holder.




Intellectual Property Ownership


There are a number of trademarks, logos, service marks, slogans, product names


and designations and other proprietary indicia (collectively “Trademarks”) used in


the Platform and in the Content. By making these Trademarks available through the


Platform and in the Content, the companyis not granting you a license to use them in any


fashion, and you are not granted any license under any of the company’s or any third


party’s Trademarks or other intellectual property rights, except as specifically set


forth in this Agreement. No ParkByApp service marks may be used as a


username, icon, identifier, hyperlink or in any other manner without the company’s prior


written permission.



The Platform, Content, and the selection, coordination, and arrangement thereof, is


owned either by the company, or its respective licensors. The unauthorized copying,


displaying, selling, distributing or other use of any Content or Platform is a violation


of the law. You acknowledge having been advised by the company that the Content and


Platform is protected in the U.S. and internationally by a variety of laws, including


but not limited to, copyright laws and treaty provisions, trademark laws, patent


laws and other intellectual property and proprietary rights laws.



Representations, Disclaimer of Warranties, and Limitations of Liability


The company and its parents, subsidiaries, officers, employees, and contractors and each


of their officers, employees and agents (collectively, “company Affiliates”) make no


representation or warranty whatsoever regarding the completeness, accuracy,


timeliness or adequacy of any information, facts, views, opinions, statements or


recommendations contained on the Platform. Reference to any product, process,


publication or service of any third party by trade name, domain name, trademark,


service mark, logo, manufacturer or otherwise does not constitute or imply its


endorsement or recommendation by ParkByApp or


PassportParking, Inc.



Company Affiliates.


The Internet may be subject to breaches of security. The Company and the Company


Affiliates are not responsible for any resulting damage to any user’s device or


computer from any such security breach, or from any virus, bugs, tampering,


unauthorized intervention, fraud, error, omission, interruption, deletion, defect,


delay in operation or transmission, computer line failure or any other technical or


other malfunction. You should also be aware that e-mail and other submissions over


the Internet may not be secure, and you should consider this before e-mailing the


Company or Company Affiliates any information or posting information to the


Platform. The Company and Company Affiliates make no representation or warranty


whatsoever regarding the suitability, functionality, performance, availability or


operation of the Platform. This Platform may be temporarily unavailable due to


maintenance or malfunction of computer equipment.



THE PLATFORM (INCLUDING ALL APPLICATION PLATFORM UPDATES) AND THE


CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL


FAULTS” BASIS. THE COMPANY AND THE COMPANY AFFILIATES SPECIFICALLY


DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT


LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A


PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE


PLATFORM AND THE CONTENT. THE COMPANY DOES NOT WARRANT THAT THE


FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED


BY OR THROUGH THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM


UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE


PLATFORM, (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE


UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM


(INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE CORRECTED.



No oral or written information or advice given by the Company or an authorized


representative shall be deemed to alter this disclaimer of warranty, or to create any


warranty. Should the Platform prove defective, you assume the entire cost of all


necessary servicing, repair or correction.



YOU AGREE THAT THE COMPANY AND COMPANY AFFILIATES ARE NOT LIABLE TO


YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT


LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT,


SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES


ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM., EVEN IF THE


COMPANY OR COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY


OF SUCH DAMAGES.



SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF


CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES


OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.



BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM AND/OR


ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO


INDEMNIFY, DEFEND AND HOLD THE COMPANY AND COMPANY AFFILIATES


HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS,


CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS


AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND


COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS


AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR


INTERNATIONAL LAW, RULE OR REGULATION; (C) ANY MISREPRESENTATION


MADE BY YOU; (D) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR


USERNAME/PASSWORD/PIN; (E) YOUR AUTHORIZATION OF ANYONE ELSE TO


USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY


REQUIRED IN THE COMPANY’S DEFENSE OF ANY CLAIM. THE COMPANY


RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE


DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO


INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY


MATTER WITHOUT THE WRITTEN CONSENT OF THE COMPANY.



Mobile Service, Text Message, Internet & Service Fees


The use of the Platform may require use of a mobile device and phone service,


wireless mobile data service, and text messaging capability, which must be obtained


from your wireless carrier, and may require Internet access, which must be


obtained from your service provider; you are responsible for obtaining and paying


for such additional services and obtaining a suitable device, including without


limitation all usage charges related thereto. You may be required to send and


receive, at your cost, electronic communications related to the Platform, including


without limitation, administrative messages, service announcements, and diagnostic


data reports, from the Company, your mobile carrier or third party service


providers.


If you agree to receive text messages from the Platform, the frequency of messages


will vary based on your parking activity. Certain texts are required to use the


Platform, including verification texts. Message and data rates may apply from your


mobile carrier. By providing your consent to participate in this program, you


approve any such charges from your mobile carrier. If you do not have an unlimited


wireless mobile data plan or text messaging capability, you may incur additional


charges from your wireless service in connection with your use of the Platform. You


are solely responsible for obtaining any additional subscription or connectivity


services or equipment necessary to access the Platform, including but not limited to


payment of all third party fees associated therewith, including fees for information


sent to or through the Platform.



The Platform may not work with all devices or all mobile carriers. The Company


makes no representations that the Platform will be compatible with or provided by


all mobile carriers. In the event that fees are charged for the Platform, or other third


party service providers charge a fee for the products or services they provide, you


agree to pay such fee to the respective party in exchange for your continued use of


such products or services. Some services may be subject to different or additional


terms (including fees), which you will be required to agree to prior to your use of


such services.



The information in any Platform message may be subject to certain time lags and/or


delays. You are responsible for managing the types of SMS texts you receive. 

You can deactivate your account at any time at www.ParkByApp.com.



Users of the Apple Platform


If you download and use the iOS Platform: You, the end-user of the Platform,


acknowledge that the Agreement is entered into by and between the Company and


you and not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that


Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and


that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce


this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to


furnish any maintenance and support services with respect to the Platform. You


acknowledge that you have reviewed the App Store Terms and Conditions (located


online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This


Agreement incorporates by reference the Licensed Application End User License


Agreement (the “LAEULA”) published by Apple, Inc. (located online at


http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this


Agreement, the Platform is considered the “Licensed Application” as defined in the


LAEULA and the Company is considered the “Application Provider” as defined in the


LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the


terms of this Agreement shall control. You further acknowledge and agree that in no


event will Apple, Inc. be responsible for any claims relating to the Platform


(including, without limitation, a third party claim that the Platform infringes that


third party’s intellectual property rights) or your use or possession of the Platform,


including but not limited to: (i) product liability claims; (ii) any claim that the


Platform fails to conform to any applicable legal or regulatory requirement; and (iii)


claims arising under consumer protection or similar legislation.



Links to Third-Party Websites, Applications, and Services


The Platform may provide connectivity or links to other third-party services,


websites, applications, software, and other content from third-party providers such


as social media partners, wireless carriers, and third-party software application


developers (“Third-Party Services”). The Platform may allow you to add/configure


certain Third-Party Services to your device. The Company has no control over,


makes no representations or warranties whatsoever about any of the Third-Party


Services that you may access, is not responsible for the availability of such Third-


Party Services, and does not endorse nor is responsible or liable for any content or


other materials on or available from such Third-Party Services. Your use of the


Third-Party Services may be subject to additional terms, including software license


terms, of those third parties.


Users who utilize the Third-Party Services should be aware that account and other


personal information held by those third parties may be transmitted through and


stored on the Company servers and/or applications located in the United States and


elsewhere. You understand and agree that the companies that provide the Third-


Party Services may access, use and share certain information about you, if you use


the Third-Party Services. You understand and agree the Company is not responsible


for these companies, or their use of any other of your information. Your use of the


Third-Party Services is at your own risk.



Assignment


The Company may assign this Agreement in whole or in part, at any time with or


without notice to you. You may not assign this contract, or any part of it, to any


other person. Any attempt by you to do so is void. You may not transfer to anyone


else, either temporarily or permanently, any rights to use all or any part of the


Platform. To the extent that you allow a third party to use your device, you shall


remain solely responsible for the use of the Platform by others using the device.



General Information


You may also be subject to additional terms and conditions (including, but not


limited to, terms and conditions from your wireless carrier or operator) that may


apply to your use of the Platform. If any provision of this Agreement is held to be


invalid by any law, rule, order or regulation of any government or by the final


determination of any state or federal court, such invalidity shall not affect the


enforceability of any other provision of this Agreement. The failure of the Company


to exercise or enforce any right or provision of this Agreement shall not constitute a


waiver of such right or provision.



By using the Platform, you agree that the statutes and laws of the United States and


the State of New York without regard to conflicts of laws principles, will apply to all


matters relating to use of the Platform and the Services, and you agree that any


litigation shall be subject to the exclusive jurisdiction of the state or federal courts in


Westchester County, New York, USA. The United Nations Convention on Contracts


for the International Sale of Goods (1980) is hereby excluded in its entirety from


application to this Agreement. You agree that regardless of any statute or law to the


contrary, any claim or cause of action arising out of or related to use of the Platform


or this Agreement must be filed within one (1) year after such claim or cause of


action arose or be forever barred. You further agree that any disputes, claims and


causes of action arising out of or connected with the Platform and/or this


Agreement, will be resolved individually, without resort to any form of class action.


The section titles in this Agreement are for convenience only and have no legal or


contractual effect.



In the event of a complaint or concern regarding this Agreement or the Platform, or


for more information, please contact PassportParking, Inc. at 704-837-8066 or


info@gopassport.com.

Download ParkbyApp today!

Questions?    |   info@parkbyapp.com    |    Visit our FAQ



© 2015 ParkbyApp. ParkbyApp, the ParkbyApp logo, and other trademarks on this site are trademarks of ParkByApp and may not be used without permission.




Terms and Conditions    |    Privacy Policy