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Terms & Conditions - New Parking Inc.
New Parking provides an electronic payment service that allows you to pay for parking without cash. New Parking does not own, operate or maintain the parking infrastructure. You can use your Account to pay for parking at any parking area that utilizes the New Parking service. By using Cell Parking, you agree to accept the charges you may incur as a result of using the Cell Parking, including but not limited to, fees for supplemental services or features and purchases made through use of Cell Parking. You are solely responsible and liable for any activity by any person who uses your account. Other users of your account will be bound by these Terms and Conditions as if they were you. Unless your account or credit card information is obtained unlawfully by someone other than those authorized to use your account, you will be responsible for all usage and charges under your account. The User is responsible for any costs or airtime incurred by their mobile phone plan in order for the User to utilize Cell Parking. The approximate time to "park" a vehicle using the Service is 30 seconds. The approximate time to "terminate parking" is 20 seconds. New Parking is not responsible for costs or airtime incurred by User in receiving help and assistance in using Cell Parking. 2. Support Users of Cell Parking may obtain guidance for using the service as follows: 1) Operator assistance through the local connection number during New Parking office hours or by calling 1-866-239-4606. 3. Account Charges Parking rates in Cell Parking are determined by the parking authority. New Parking reserves the right to modify parking rates at any time in Cell Parking without notification as per the discretion of the parking authority. The User will provide a valid credit card number upon opening an account with New Parking. As the User utilizes Cell Parking system, each parking transaction will be added to User's account and will be charged for the total of transactions or the total balance will be forwarded to following invoice and charged at that time if under $5.00. Each calendar month shall constitute a billing period and the user will be charged on a regular basis but no less than one time per month. User's accounts will be charged every billing period regardless of the total amount. If New Parking does not receive payment within 10 days of the date a monthly invoice was sent, a late payment fee of $2.50 for each 30 days or part of thereof will be levied against the account until such time that the accumulated account balance is settled in full. New Parking works to ensure that we provide the highest possible customer service. If you feel you are entitled to a refund for any reason for services obtained, please contact our operator through your local access number or 1-866-239-4606. We will look into the issue and if you are entitled to a refund, you will be refunded. You will receive a statement of detailed parking transactions and charges through an email once per billing cycle. If a valid email address is not provided to New Parking upon registration, an additional $2.50 fee will be added for processing charges to mail out the statement with a balance to be charged. New Parking reserves the right to change fees for using the service or billing methods at any time. If you do not agree to any changes, you may request termination of New Parking Cell Parking service at anytime. New Parking reserves the right to change fees for using the service or billing methods at any time. If you do not agree to any changes, you may discontinue use of your account; however, you will not be entitled to receive a refund for the charges already incurred and you are responsible for timely payment of such amounts (including any applicable late fees). In the event that you have a credit in account and we terminate your account or make a material change to Cell Parking and you elect to terminate, as your sole remedy, you will be entitled to a refund for the credit balance in your account minus any amount owed for current parking charges. In providing billing information, you hereby authorize New Parking to charge the credit card number or the payment method provided to New Parking for such fees on a recurring or automatic basis. You agree that New Parking will not obtain additional authorization from you for this recurring payment. Every time you or any other person you have authorized use Cell Parking, you re-affirm that New Parking is authorized to charge your credit card, parking account or bill you on your chosen payment method. Once the charges appear on your credit card or are invoiced, you are responsible for payment. If New Parking does not receive payment from you within 15 days, you agree that New Parking may apply a $50 disconnection fee to your account and be charged a $2.50 late payment fee per each billing cycle until such a time payment is made or the account is transferred to 3rd party. You will be liable for any fees New Parking incurs in efforts to collect any unpaid balances from you. You must bring any billing problems or discrepancies to New Parking’s attention within 60 days from the date billed. If you do not bring them to New Parking’s attention within 60 days, you waive your right to dispute such problems or discrepancies with New Parking. A chargeback fee of $15.00 may be assessed to your account if an attempt to charge your account is rejected for insufficient funds available on your credit card. 4. Account Cancellation New Parking may suspend or terminate your use of your account with Cell Parking if you fail to provide a valid payment method upon request or if New Parking is unable to bill your account for the fees you have incurred. New Parking also reserves the right to disable your account at their sole discretion based on improper use of Cell Parking. The User may cancel their account at any time, but they are responsible for any outstanding parking charges incurred listed on their account. By canceling, the User will agree to pay for any outstanding charges. 5. Dispute of Parking Violations The User is solely responsible for any costs incurred by parking violations that they may receive. If the User requests, New Parking will provide detailed transaction records for the User when they are parked using Cell Parking. 6. Merchant Advertising New Parking reserves the right to deliver limited targeted text message advertising to registered customers of New Parking’s pay by cell system showing discounts and coupons from participating merchants near the vicinity of their parked vehicle. Customers will have the option of choosing personal preferences to help them be directed to appropriate advertising of their choice such as discounts on food, entertainment and retail. New Parking’s policy forbids the use of our service for transmission of unsolicited bulk text messages and will only be forwarding messages from participating merchants to customers currently parking using the pay by cell system in the vicinity of the participating merchants. Registered customers can choose not to receive targeted advertising from New Parking by sending an email to customer-service@new-parking.com and including their 10 digit cell phone number. The customer will be excluded from all future forms of advertising. 7. Promotions New Parking Inc. will operate advertising promotions, give-a-ways, and specials for their registered drivers if the drivers choose to participate. Prizes must be accepted as awarded and New Parking Inc. reserves the right to change, modify or discontinue any of its advertising programs at any time and without notice. 8. Refer-A-Friend Program New Parking will credit a drivers parking account the value of $5 for every referral that New Parking receives from this registered driver.
9. Disclaimers/Limitation of Liability The information and services included or available through the Services may include inaccuracies. Changes are periodically added. New Parking may make improvements or changes to Cell Parking at any time. New Parking reserves the right to terminate Cell Parking at any time, without notice. New Parking does not represent or warrant that any of Cell Parking will be uninterrupted or error-free or that defects will be corrected. NEW PARKING, ITS PARTNERS AND ITS AFFILIATE PARTNERS MAKE NO REPRESENTATIONS ABOUT SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES FOR ANY PURPOSE. USER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. NEW PARKING, ITS PARTNERS AND ITS AFFILIATE PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL NEW PARKING, ITS PARTNERS AND ITS AFFILIATE PARTNERS BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER. WHETHER OR NOT NEW PARKING, ITS PARTNERS OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR ANY TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
10. Indemnification User indemnifies and holds New Parking, its partners and Affiliate Partners harmless from all manner of actions, causes of action, suits, claims, demands, costs, liabilities, or damages, including all reasonable legal costs, asserted by any third party arising out of User's use of or conduct on any of the Services. |
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