*Terms & Conditions – Cell Parking™ service.*
The following Terms and Conditions govern use of the
Electronic Parking Payment System™, (known as "Cell Parking™" owned and operated by New Parking Inc. New Parking Inc. is hereinafter collectively
referred to as ("Company"). You agree to be bound by the terms and conditions contained in this agreement, including our Privacy Policy, which
govern your use of the Account. Please read this agreement carefully.
These Terms and Conditions may be updated by Company at any time and
without further notice to you by posting the new version on the website https://www.cell-parking.com. Your continued use of Cell Parking™ after
the posting of any change constitutes acceptance of all changes.
Cell Parking™ is provided for personal use only. Company may
discontinue or alter any service level or aspect of Cell Parking™ at anytime, without notice, without liability and in Company’s sole
discretion.
1. Using the Cell Parking™ Service
Company provides an electronic payment service that allows you to pay for parking without cash. Company does not own, operate or maintain the parking infrastructure nor is in any way responsible for it.
You can use your Account to pay for parking at any parking area that utilizes the Company 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 s of your account will be bound by these Terms and Conditions as if they were you.
The User is responsible for any costs or airtime incurred by their mobile phone plan in order for the User to utilize Cell Parking™ as well as for the charges incurred by using the SMS service (if and when applicable) whether for incoming our outgoing messages. The approximate time to "park" a vehicle using the Service is 30 seconds. The approximate time to "terminate parking" is 20 seconds.
Company is not responsible for costs or airtime nor SMS nor data 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:
Online Help: Look under our Frequently Asked Questions section.
Email support customer-service@new-parking.com
Operator assistance through the local connection number during New Parking office hours or by calling 1-866-350-PARK (7275)
3. Account Charges and Notifications
Parking rates in Cell Parking™ system 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 is required to provide a valid credit card number upon opening an account with Company. 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 plus other fees if and when applicable. 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 Company 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.
Company 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 1-866-350-PARK 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 providing a valid email address has been submitted a part of the registration process. In addition to the valid email address, the users using a spam-filters agree to white-list the emails from Comany to receive their invoices and account notifications. For greater certainty, New Parking staff shall not answer any automated emails originating from spam filters regarding the email origin notification; it is sole responsibility of the user to enable Company emails originating from the domains @new-parking.com and @cell-parking.com to be accepted by their respective spam filters. For greater certainty and for the record, the main email addresses to be added to the spam filter white list are included but nor limited to the list below:
support@new-parking.com support@cell-parking.com invoice@new-parking.com invoice@cell-parking.com customer-service@new-parking.com customer-service@cell-parking.com notifications@cell-parking.com
Company reserves the right to modify the above list at any time and for any reason and it is solely User’s responsibility to maintain their spam filter settings in such a way to allow incoming email messages from Company to reach their intended destination. Company hereby expressly refuses any liability whatsoever for undelivered email messages for any reason whatsoever.
Company 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 Company to charge the credit card number or the payment method provided to Company for such fees on a recurring or automatic basis. You agree that Company 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 Company is authorized to charge your credit card, parking account or bill you on your chosen payment method.
NOTE: There are no extra fee’s to use the service. Due to credit card transaction costs $1.00 minimum will be charged if the total monthly balance is less than $1.00 & greater than $0.00. If no transactions are initiated during the month then no invoice will be created and no charges incurred.
Once the charges appear on your credit card or are invoiced, you are responsible for payment. If Company does not receive payment from you within 15 days, you agree that Company may apply a $25.00 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 Company incurs in efforts to collect any unpaid balances from you. You must bring any billing problems or discrepancies to Company’s attention within 60 days from the date billed. If you do not bring them to Company’s attention within 60 days, you waive your right to dispute such problems or discrepancies with Company.
Company reserves the right to operate a post-paid service if and when warranted meaning the User has to agree to maintain a positive account balance as per sole discretion of Company.
Company also reserves the right to charge a convenience fee for its service at its sole discretion for the use of its Cell Parking™ service.
A chargeback fee of $25.00 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
Company 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 Company is unable to bill your account for the fees you have incurred. Company 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 cancelling, 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, Company will provide detailed transaction records for the User when they are parked using Cell Parking™.
6. Merchant Advertising
Company reserves the right to deliver limited targeted text message advertising to registered customers of Company’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. Company’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 Company 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
Company 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 Company reserves the right to change, modify or discontinue any of its advertising programs at any time and without notice.
8. Disclaimers/Limitation of Liability
The information and services included or available through the Services may include inaccuracies. Changes are periodically added. Company may make improvements or changes to Cell Parking™ at any time. Company reserves the right to terminate Cell Parking™ at any time, without notice. Company does not represent or warrant that any of Cell Parking™ will be uninterrupted or error-free or that defects will be corrected.
COMPANY , 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 COMPANY, 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.
This Agreement shall be governed by and construed and enforced in accordance with the Laws of Province of Alberta, Canada.
9. Indemnification
User
indemnifies and holds Company, 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 Service.
10. Privacy Policy