ABEL Delft B.V.
Terms of Service for
Parking payment solutions
Last updated July 25, 2022
Subject of these terms. These Terms of Service are in force between you and ABEL DelftB.V. They provide all terms and conditions applicable to our services, including your rights and responsibilities when using our services. Please read these Terms of Service carefully.
You have accepted our Terms of Service at registration for an account or when using our systems. During registration a downloadable copy was made available to you. In addition, you can here.
Link to our privacy statement. When signing up or using our services, you will provide us with personal data. As your privacy is very important to us, we are committed to keeping you informed about any processing of personal data.
Please carefully read our privacynotice here:
https://www.abelsensors.com/smartparking-paymentsolution-privacy
If you do not agree with any of the processing of your personal data as set out in our Privacy Notice, please do not use our services.
Contents of these Terms of Service:
- Offering and Availability of our Services
- Access
- Use of Our Parking payment systems
- Payment and Processing
- Various (including Termination Rights and Limitation of Our Liability)
- Contact ABEL Delft B.V.
1. Offering and Availability of our Services
Our services. We offer systems that enable you to pay parking fees (our ‘parking payment systems’) and other services related to parking andbicycle use (the ‘related services’). Our parking payment systems allow you to settle parking fees for specificparking facility locations without the need to use cash. You register a parking action with our parking payment systems using the available methods and you will pay your parking feesto the respective controller/operatorof the parking locationon a deferred monthly basis.You will be (periodically) chargedfor your parking fees and any related service ordered by you.
Availability. You acknowledge that the use and availability of our parking payment systems is highly dependent on the operation of – for example – your mobile device, the internet, your camera, your GPS receiver and other resources you can use to access our services. If you are unable to access and use our parking payment systems, for any reason, you are required to use alternative payment methods to pay for parking or there may be a risk that you could be liable for additional parking fees and parking tickets. In case of any difficulties, please contactthe facility operator.
For the avoidance of doubt, we cannot ensure availability of our parking payment systems and related services. Neither can we ensure availability of a parking space.
Partners. Our parking payment systems and related services may be used in combination with services offered by our partners. Our partners will have their own terms of service and you will be required to accept their terms of service before use. We are not responsible nor liable for the services offered by such operators and partners.
2. Access
Access. You can access our parking payment systems and related services viathe mobile application. A descriptionof the mobile application, including instructions how to useit, can be reviewed here (https://www.abelsensors.com/smartparking-paymentsolution-howitworks). Our tools are under continuous development and may be updated from time-to-time or discontinued. You must follow the tool instructions at all times and keep your tool up-to-date.
Registration. Access to our tools can be limited to registered accounts and such registration is subject to our approval. You are responsible for keeping your account information confidential and should not share your account information with anyone. A registered account is for your personal use only. You need to identify and authenticate yourself by entering your user name oremail address in combination with a password, before you can start using our services and perform parking actions and related payments through your registered account.
Please take note of the following: You are responsible for providing us with correct account, registration and access details, which should be kept up-to-date continuously by you.
Please take note of the following: the registrant of the account is responsible and liable for all parking actions initiated with the account, also if the registrant authorised, permitted or otherwise made the account available for someone else to use.
3. Use of Our Parking payment systems
Parking rule compliance. You must observe and comply with (local) traffic and parking regulations and follow instructions from the (local) authorities, and off-street parking vendors at all times.
Parking locations. You can use our parking payment systems to pay for parking at the parking spaces and areas indicated by us on the following website:https://www.abelsensors.com/smartparking-paymentsolution-locations. You cannot use our parking payment systems to pay for parking outside these locations. The parking locations may change from time-to-time. We are not responsible nor liable for loss or damage to your vehicle or other properties while using the parking locations.
Parking actions. You can pay for parking at one of the parking locations by successfully registering your parking action with our parking payment systems. You can use one of the methods available in our tools to complete such registration, such as: start/stop. Successful registration requires confirmation of your parking action by our parking payment systems.
Please take note of the following: Additional instructions on how to register your parking action may be provided on-site at the parking location. You are required to follow the instructions at all times.
Parking action details. You are responsible for providing all of the necessary and correct details for your parking action. Your parking action will be automatically processed on our parking payment systems on the basis of these details. The details you provide about your parking action are key for us to correctly process your parking fees. You alone are responsible for providing us with the correct details for your parking action and you will be responsible for paying any penalty charge or parking fee issued as a result of incorrect parking action details.
Please take note of the following: We are not responsible for verifying whether your parking action details are correct. We emphasize that you must read the instructions before you start using our parking payment systems, as incorrect use might lead to penalty charges, incorrect payments or other consequences.
4. Payment and Processing
Parking fees. The parking fees are set by the respective controller of the parking location. We have no control over the amount of these parking fees, which may change from time-to-time. You should not use our parking payment systems if you are eligible for certain parking fee arrangements or discounts offered by the parking location controller as these will not always be available in our parking payment systems.
Our fees. We willnotcharge you our feesin addition to the relevant parking fees. You are responsible for all costs charged by third parties for accessing or using our services (such as telephone, sms or data charges applied by your mobile operator).
Payment method. You must select the payment method of your preference from the options we make available to you in our parking payment systems. When using our services, you accept thatthe respective controller of the location cancollect your parking fees, and that your payments may be processed by a third party payment processor. You acknowledge that certain use of our parking payment systems requires a specific payment method, such as a payment through your telephone provider or payment card.
Payment. Depending on your selection and use of our parking payment systems and the related services, you will be directly or periodically charged for the parking fees, while using the payment method you have chosen. We are responsible for the correct execution of the payments and you are responsible for having adequate funds available to cover our fees. Your recent parking historyand can be found in your account on our services.Yourinvoices, receiptsand other transaction detailed will be provided to you by email.
Late payment. If you do not pay the amounts due or instigate unwarranted chargeback requests,the respective controller of the location isentitled to immediately suspend the provision of our services to you (without prejudice to our further statutory rights). You will be charged the statutory interest rate as from the date you are in default on your payment obligation.
Refunds. We are under no obligation to provide a refund or cancel parking actions submitted to our parking payment systems, unless there is a system error on our part. If you have any questions about a parking action, please contactthe respective controller of the parking facility.
Please take note of the following: After registration, we will perform our services immediately by providing you access to our parking payment system and related services, as expressly requested by you. You therefore confirm that we will start the performance immediately and that you do not have the right to withdraw from the contract.
5. Various (including Termination Rights and Limitation of Our Liability)
Term. Our agreement to provide the services based on these Terms of Service comes into effect upon successful registration of your account. If you order services based on a monthly subscription fee or other monthly recurring costs, then such services can be terminatedin accordance with the terms and conditions of the respective controller of the location. You can send your termination notice to thethe respective controller of the location. Contact details of the locations can be found here https://www.abelsensors.com/smartparking-paymentsolution-locations. We may stop carrying our service as a whole or in parts by providing one month’s prior written notice.
Non-compliance and abuse. We can immediately terminate or suspend this agreement in case you do not comply with your material responsibilities as set out in these Terms of Service or our documents referred to in these Terms of Service or abuse or manipulate our service. We will provide you with written notice if we choose to terminate or suspend our services. Please note that the following events will in any case qualify as events that trigger our right to immediately terminate or suspend our service:
- Reports of unauthorised or unusual credit card use associated with the personal account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorised or your account compromised, and is done in order to protect you from further unauthorised use of your card;
- Report of unauthorised or unusual use of the account;
- Abuse by you of the chargeback process provided by your issuing bank;
- Excessive levels of disputes or chargebacks;
- When the name of the cardholder on the creditcard linked to your account does not correspond with the name which is registered to the account;
- We have reasonable grounds to believe that you persistently fail to pay for parking or pay parking penalties;
- We are unable to verify or authenticate any information that you provide to us;
- We believe that your account or activities pose a significant credit or fraud risk to us;
- We believe that you actions will cause financial loss for us; or
- Unwanted reports from credit rating agencies.
Force majeure. In cases of force majeure—for instance disruptions in the telecommunication infrastructure (Internet), national unrest, mobilization, war, traffic closures, strikes, lockout, denial-of-service attacks, distributed-denial-of-service attacks, disruption of operations, stagnation of supply, fire, flood or any other circumstances beyond our reasonable control, in which we are prevented from providing our services so that we cannot reasonably be required to fulfil the contract— our duty to perform ceases to apply.
Limitation of our liability. We are not liable for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement or is an indirect or consequential loss or damage.
To the extent you are using our services for purposes relating to your trade, business, craft or profession, our liability for damage arising during the performance of our agreement is limited to the value of the service that we provided to you during which the damage occurred.
Nothing in these Terms of Service shall exclude our liability for gross negligence and wilful intent or death and personal injury caused by our negligence or any other type of liability which cannot be excluded or limited as a matter of applicable law.
Warranty. You are entitled to the statutory warranty rights regarding our services.
Transfer and third party rights. The agreement is between you and us. No other person shall have any rights to enforce any of its terms. You cannot transfer your rights to other parties without our prior written consent.
Changes to these Terms of Service. We may change these Terms of Service. If we decide to do so, we will inform you of such change via our website. You may terminate our agreement in case you do not agree with these changes. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Applicable law and venue. The agreement and these terms and conditions are governed by the laws of the Netherlands. You have the option to resolve any claim, action or dispute by means of a procedure before the competent courts in the Netherlands.
6. Contact ABEL Delft B.V.
If you have any questions about our services, the website, these Terms of Service or anything other related to our services, you can contact us via the following contact information:
Headoffice
ABEL Delft
Oude Delft 182
2611HH Delft
Email
legal@abelsensors.com
