Service Terms & Conditions
Effective from 18 June 2012
"Authority", "Authorities" or "they" means a local authority, public body or commercial organisation which makes parking spaces available for use by motorists on a paid basis and/or levies charges or tolls relating to vehicle or road use
"Mobile Device" means a mobile device, landline telephone or other non-computer method as approved by Us for use of the Service from time to time
"PIN" means a personal identification number created for Your personal account and used by You to access the Service
"Service" means the RingGo parking service
"We", "Us" or "Our" means RingGo which is a trading name of Cobalt Telephone Technologies Ltd of Intec 2, Wade Road, Basingstoke, Hampshire, RG24 8NE. Registration No. 3151938.
"Website" or "Websites" means any of Our websites at www.RingGo.co.uk and www.MyRingGo.com
"You" or "Your" means the customer
2. Our Agreement
2.1 This Agreement regulates the provision of the Service by Us to You. When You use the Service We are providing You with the means to enter into individual contracts with relevant Authorities for the provision of parking or other services relating to vehicle or road use and with Us to facilitate your payment for the parking or other services provided by the Authorities. Such parking or other vehicle related or road use services will be subject to the terms and restrictions shown on local signage and additionally under the provisions of the Road Traffic Regulations Act 1984, or the Road Traffic Regulations Act 1991 or the Traffic Management Act 2004 and any other relevant legislation as may apply.
2.2 This Agreement begins when We accept Your request for our services when You register for the Service. You are deemed to accept these Terms and Conditions and to enter into a contract with us when You first use the Service.
2.3 Please read these Terms and Conditions carefully. You should understand that by registering for the Service You agree to be bound by these Terms and Conditions. You should print a copy of these Terms and Conditions for future reference.
2.4 The Service is constantly evolving and We are adding additional features and benefits from time to time. We may therefore amend this Agreement at any time by posting the amended Terms and Conditions on Our site. All amended Terms and Conditions shall be effective 30 days after they are initially posted on Our Website.
3. Use Of The Service
3.1 In order to use the Service, You must register for a personal account. You may hold more than one personal account. Our Service is only available to individuals that can form legally binding contracts under applicable law.
3.2 Our Service is not available to individuals under the age of 18 years.
3.3 We may refuse to provide Our Service, change the qualifications for Your use of the Service and/or terminate this Agreement with You at any time as provided in these Terms and Conditions.
3.4 We allow payment via our automated telephone service (IVR), SMS, Internet and mobile applications.
3.5 To use the service for the first time you must first register with Us. This is done automatically as part of calling Our automated telephone service for the first time or when using the service via our Websites. For more details see section 4, 'Getting Started' below.
3.6 Once registered You can manage your account settings via our Websites or via Our mobile applications.
3.7 Payments made will always be confirmed back to You.
3.8 As part of our service to You, You can choose to have your VAT receipts emailed to you automatically, providing you have given Us your email address and have chosen the setting.
3.9 We also offer an optional text service for parking summary and reminder SMS messages. These options can be changed by You via Our Website.
i. Should You extend an existing parking session, the reminder SMS message will be updated to take into account the time extension.
ii. If You have chosen to receive a reminder SMS message this will be sent 10 minutes before the parking session expires.
iii. If You have chosen to receive a reminder SMS message and Your parking session is due to expire at a time which We have deemed unsociable, the reminder SMS message will be sent just before start of the unsociable period.
iv. The standard cost for Reminder SMS messages and Confirmation SMS messages We charge to You is 10 pence per message, unless stated otherwise or met by an Authority under certain conditions.
3.10 Should You choose to use Our SMS facility to pay for Your parking known as 'Text to Park'.
i. It is Your responsibility to send Us the right text message format to the right telephone number or SMS shortcode in order to park Your vehicle and it is also Your responsibility to check that a parking session has been created.
ii. As the mobile network does not guarantee delivery of text messages in a timely manner, We do not provide any guarantee that We will park You within a certain time period of the text message being sent. We will commit to park you from the time it receives the text message from the mobile network.
iii. Although We ignore duplicate text messages received 5 minutes of each other, no payment refunds will be given if You or Your mobile network operator sends Us multiple text messages which may result in more than one parking session being created.
iv. As the mobile network does not guarantee delivery of text messages in a timely manner, We cannot guarantee delivery of any reply text messages.
v. Before sending subsequent text to park messages, should You be in any doubt as to whether or not a parking session has been created, You must call the RingGo automated parking line for confirmation instead of waiting for a text message response as We cannot guarantee that the mobile operator will deliver the response to You in a timely manner.
vi. Once We receive a valid text to park request, We will send You a text confirming whether or not You have successfully parked. This text is automatically charged at an additional 10 pence, unless stated otherwise or the cost is met by an Authority under certain conditions.
3.11 The Car Parking Session does not guarantee the holder a parking space for the duration of the Car Parking Session, unless specifically stated, nor can it be used in conjunction with vehicles other than for the purchased vehicle.
4. Getting Started
4.1 Becoming a registered user of the Service:
You are only able to access and pay for parking using our Service if You:
a) are the current and valid holder of a Mobile Device with a telephone number being issued by an approved telephone company or network. You will need to register the telephone number of that Mobile Device with Us. Please note that not all telephone numbers will be able to be activated and we will indicate to You whether Your telephone number is permitted at the time of activation; and
b) have satisfied such other conditions as may be imposed by Us and/or Our third party providers, from time to time, in connection with the access to and use of Our Service.
4.2 As part of becoming registered for Our Service You must also:
a) nominate one telephone number which You would like to be linked to Your personal account for use with the Service. The nominated telephone number will act as Your 'User ID' for the purposes of the Service;
b) not register the same telephone number to more than one account;
c) nominate at least one vehicle, specifically the registration number, the colour and make of the vehicle;
d) give Us valid personal credit card or debit card information; and
e) create or accept a PIN, depending on your method of registration, which will be Your security code required at times to carry out certain functions of the Service.
4.3 You will not be able to access and/or use the Service (in whole or in part as determined by Us at Our sole discretion, acting reasonably) if, at any time or from time to time, You:
a) are unable to meet the eligibility criteria set out in 4.1 or You do not comply with the requirements set out in 4.2 above;
b) are otherwise in breach of the Agreement (including, without limitation, these Terms and Conditions) or are otherwise informed by Us that the Service (in whole or in part) is no longer available for use or access by You; and/or
c) You do or omit to do any act or thing which results in any misuse or abuse of the Service as reasonably determined by Us in our absolute discretion.
4.4 If We restrict only part of Your use of the Service, We will inform You of which element of functionality of the Service You will be able to access and/or use.
5. Your Safe Use Of The Service
5.1 You must follow the security procedures provided to You in these Terms and Conditions and as otherwise notified to You via the Website.
5.2 You agree to keep your Mobile Device and PIN safe, to memorise Your PIN and to:
a) not divulge any details of Your PIN to any other person;
b) not record your PIN in any form that would be intelligible or otherwise accessible to a third party including storing your PIN on Your Mobile Device or writing your PIN on any item kept with Your Mobile Device;
c) use anyone else's PIN in combination with other information to use the Service;
d) not respond to SMS messages relating to the Service if they do not appear to have been sent by Us; or
e) to do, or fail to do anything else that might enable unauthorised access to or use of the Service.
5.3 If You think that there is, or has been, any unauthorised use of Your personal account You must notify us immediately via the contact form on this Website. Please use this 'contact us' link. You should check Your personal account details immediately and let Us know urgently about any errors.
5.4 If Your Mobile Device is lost or stolen, or if You change your phone number, You must tell us immediately. If You do not tell us we may continue to send SMS text messages to your lost or stolen Mobile Device and we cannot be responsible for what happens in such circumstances.
5.5 If You cancel Your telephone service related to a telephone number that You have registered in order to use the Service and your telephone service provider issues that telephone number to another person, unless You tell us otherwise, We may suspend Your personal account and let that person associate that telephone number with their account (but note that this will not permit that other person to have access to your personal account) and You will be unable to access or use the Service with that telephone number.
5.6 You also agree to only send SMS text messages for the purpose of accessing the Service to those numbers which have either been specifically notified to You for trial purposes or Our generally approved shortcodes.
5.7 You should not use the Service if You are taking Your Mobile Device outside the United Kingdom because it may not be lawful to receive the information contained in SMS text messages received as part of the Service in some jurisdictions. We will not be held liable for Your use of the Service outside the United Kingdom.
6. Your Information And Restricted Activities
6.1 You may not reveal Your PIN to anyone else, nor may You use anyone else's PIN. We are not responsible for losses incurred by you including, without limitation, the use of Your account by any person other than You, arising as the result of misuse of PINs.
6.2 You agree that You will not misuse our Website by doing any of the following:
a) attempting to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website including using any robot, spider, other automatic device, or manual process to monitor or copy Our Website pages or the content without Our prior express written permission;
b) taking any action that imposes an unreasonable or disproportionately large load on Our infrastructure; or
c) knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Website or to your downloading of any material posted on it, or on any website linked to it.
6.3 By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Service and Our Website will cease immediately.
7. Payment And Related Terms
7.1 Our charges for using the Service are shown on signage at the point of use or by making specific reference to the Website. If We introduce any changes to the charges for the Service in the future We will give you at least 30 days' prior notice by posting details on the Website.
7.2 On street parking charges are not subject to VAT.
7.3 You are liable for any telephone charges and any charges made by Your telephone service provider or similar or associated charges as a result of use of the Service via Your Mobile Device. This may include the cost of calls to landline numbers, of sending GPRS data and of sending or receiving SMS messages including sending to five digit shortcode numbers which may be specially tariffed. In such cases the cost of sending such a text message will always be clearly displayed next to the shortcode number. There may be other costs or taxes imposed by third parties in connection with Your access and use of the Service for which You will be solely liable.
7.4 By defining parking sessions through use of the Service, You authorise us to obtain funds on Your behalf from your chosen funding source details of which You have provided to Us on registration for the Service and to use them to purchase parking for a vehicle, or vehicles, details of which which You have registered.
7.5 You agree that when You make a payment for the Service this will be processed by a third party payment processor.
7.6 We will not seek to hold You liable for any unauthorised use (including fraudulent use) of Your account by any person provided that We are satisfied that You have not acted deliberately so as to enable any third person to gain access to Your user ID and/or password.
7.7 RingGo Xpress subscription payments are non-refundable.
8.1 Whilst We will do our best to maintain the operation of Our Service, We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of Our Website and telephone interfaces may be affected by numerous factors outside Our control. You acknowledge that Your access to the Website and Our telephone interfaces may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore full operation of all interfaces as soon as We reasonably can.
8.2 We make every effort to ensure that the information given to you on the Website, in the operations of Our Service, and in communications between you and us is accurate to the best of our belief, but we understand that sometimes this is not the case. We cannot guarantee the accuracy of all such information in all circumstances and you should not rely on such information. You must check your communications with us carefully, ensuring their accuracy and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions. It is Your responsibility to ensure the complete accuracy of all the information provided, in particular, but not exclusively, Your correct vehicle registration details and RingGo parking zone number, which are vital to the correct functioning of the Service.
9. Our Liability
9.1 With regard to this Service We are only liable to You as set out in this Agreement. We have no other duty or liability to You.
9.2 Nothing in this Agreement removes or limits Our liability for death or personal injury caused by Our negligence.
9.3 Except as set out in 9.2 Our entire liability to You for something We or anyone who works for us does or does not do will be limited to the value of the transaction giving rise to the dispute.
9.4 We are not liable to You in any way 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 indirect or consequential loss or damage.
9.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by events outside Our reasonable control.
9.6 The Service is provided to You subject to Your statutory rights but is otherwise provided without any warranty or condition express or implied except as specifically stated in this Agreement.
9.7 If You have chosen to park in the future, which is also known as Advance Parking, and wish to change any of the following; location, start date, end date or duration of your parking session, RingGo cannot change any of these details.
9.8 RingGo also cannot refund You should you change your mind about parking nor for any unused portion of your parking session.
9.9 We shall not be liable to You for any loss or damage which You may suffer as a result of using the Service including, without limitation, losses resulting from parking fines rightfully applied by any Authority under the Road Traffic Act 1984, the Road Traffic Act 1991, the Traffic Management Act 2004, other relevant parking legislation or common law. In no event shall We, Our affiliates, subsidiaries, agents, suppliers and/or subcontractors be liable whatsoever.
9.10 You agree to indemnify and hold Us, Our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of Your breach of this Agreement or the documents it incorporates by reference, or Your breach of any law or the rights of a third party relating to Your use of the Service.
10. When We May Suspend Or Close Accounts
10.1 We may at Our sole discretion suspend, limit access to any or all of a personal account's functions or close any personal account where We have reasonable grounds to believe that You are in breach of any of the terms of this Agreement and/or the Service is being used in a manner that violates these Terms and Conditions.
10.2 If Your personal account access has been suspended, limited or closed You will be notified by email or text and requested to provide information relevant to Your personal account which we reasonably believe may assist us in the investigation of the circumstances which have lead to such suspension, limitation or closure.
10.3 Any of the following events may lead to your personal account being limited:
a) 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;
b) Reports of unauthorised or unusual parking account use associated with the account;
c) Abuse by You of the chargeback process provided by your issuing bank;
d) Excessive levels of disputes or chargebacks;
e) Breach of any term of this Agreement;
f) Where the cardholder name on the payment card associated with the personal account does not match the name on the personal account;
g) We have reasonable grounds to believe that You persistently fail to pay for parking or pay parking penalties;
h) We are unable to verify or authenticate any information that You provide to Us;
i) We believe that Your account or activities pose a significant credit or fraud risk to Us;
j) We believe that Your actions may cause financial loss for You, or Us; or
k) Adverse reports from credit agencies.
10.5 We will use reasonable efforts to investigate personal accounts that are subject to account access limitations and to reach a final decision on the limitations promptly.
10.6 The ability to suspend, limit or close any personal account does not limit or exclude other remedies We may have if You are otherwise in breach of this Agreement.
11. How You Can Cancel The Service
11.1 You may close Your personal account at any time by means of the personal account administration functionality on the Website. You will however remain liable for all obligations related to Your personal account even after it is closed.
11.2 If You do not access Your personal account for a period of three years, it will be closed.
11.3 This Agreement is not subject to the cancellation provisions under the Consumer Protection (Distance Selling) Regulations 2000. Each individual contract (whether between You and an Authority for the provision of parking or other vehicle related or road use services or with Us to facilitate Your payment for parking or other vehicle related or road use services) under this Agreement is concluded when We have completed a transaction with You for the payment for each parking or other vehicle related or road use session.
12. Disputes Procedure
12.1 Any complaint or dispute arising from these Terms and Conditions, use of the Website or the Service must be made to Us in writing to the address given at the end of these Terms and Conditions. Upon receipt of notification from You, your account will be suspended pending investigation.
12.2 We will investigate any dispute promptly. If the result of the investigation is in Your favour, We will restore access to your personal account. If the result of the investigation is not in Your favour, We may:
a) accept payment for that parking session in dispute and restore access to the full functionality of Your personal account;
b) continue to limit Your personal account access for up to 180 days up to the amount of time required to protect Us against the risk of a chargeback or chargebacks; or
c) may close Your personal account by giving You notice in writing (where we have Your address) or otherwise by email or SMS text message.
13. General Provisions
13.1 You may not transfer any rights or obligations You may have under this Agreement without Our prior written consent. We reserve the right to transfer this Agreement and all incorporated policies or any right or obligation under this Agreement without Your consent.
13.2 Any concession or extra time that We allow you only applies to the specific circumstances in which We give it. It does not affect Our rights under this Agreement in any other way.
13.3 If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
13.4 This Agreement does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999.
14. Governing Law
14.1 This Agreement, and the relationship between Us, shall be governed by and construed in accordance with the laws of England and Wales.
14.2 Any claim arising out of or relating to this Agreement or the provision of Our Services that cannot be resolved by contacting Us shall be settled by agreement of the parties by reference to the Parking and Traffic Appeals Service where the Authority is a London Borough, or the National Parking Adjudication Service where the Authority is a local government body outside London or by the courts of England and Wales either in the absence of such agreement or where the Authority lies outside their respective jurisdiction in the first place.