UK PayByPhone Terms and Conditions
PayByPhone services are of a payment nature and are provided at the point which you agree to submit payment. As such, our services do not fall under the scope of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013. Please be aware the nature of the services is such that you are committing to the transaction when you send your payment authorisation.
Summary of Key terms
PayByPhone offers payment authentication services for selected consumer facilities. We have set out the key terms applicable to the use of PayByPhone Service(s). This is provided for ease of reference but it is important that you read and fully understand the full user terms and conditions including the relevant terms applicable to your chosen PayByPhone Service(s).
- Keep your log-in details secure as you may be responsible for use of your Account if someone accesses your Account using your details.
- If we need to change any of our terms and conditions which will affect the way you use our Services, we will post a notification on our Website, App, IVR and Mobile Web. Please be sure to check any updates because if you use our Service(s) after we have made a change, we will assume you accept those changes.
- If you use our parking payment Service, you should ensure that after you submit your transaction, you receive confirmation from us that your session is now live. You can check your current live sessions at any time by calling the telephone number on signage, through the mobile web, App or online through the “Park Now” button. Please note, if you do not receive such confirmation, your transaction may not be complete and you may still be liable to pay for your parking session.
- If you pay for parking by text, we confirm the details you submitted via a confirmation message. If any details are incorrect, you must cancel the session WITHIN 5 MINUTES of receiving our confirmation message. You must let us know immediately if you attempt to cancel the session and do not receive a text confirming that the cancellation was successful. For more details on parking via text, text INFO to 65565.
In the event of conflict between these General Terms and the Service Terms, the Service Terms shall prevail.
If you have any questions about the PayByPhone Service, please contact our Customer Care Centre on 0330 400 4357 or email us at email@example.com. Our opening hours are Monday to Friday 8am to 5:00pm on Business Days. Your contract with PayByPhone shall commence on completion of registration and shall continue, subject to the terms of the Agreement, until you or PayByPhone remove your Account or terminate this contract in accordance with clause A.4 below.
In these terms and conditions, the following terms have the meanings indicated below:
“Account” means any and all PayByPhone accounts opened by you or on your behalf using either the Website, Mobile Web, App, IVR or via the Customer Care Centre;
“App” means the official PayByPhone mobile application owned and controlled by PayByPhone;
“Business Day(s)” means any day other than a Saturday, Sunday or public holiday;
“Customer Care Centre” means the PayByPhone call centre accessible by calling 0330 400 4357 (calls will be charged at the standard rate);
“Facility” means a consumer service which utilises PayByPhone as a payment option e.g. parking;
“Facility Operator” means the owner and/or operator of any Facility;
“IVR” means the PayByPhone automated telephone service on 0330 400 4357 or other number as displayed on location signage (calls will be charged at standard rate);
“Mobile Web” means the mobile website owned and controlled by PayByPhone as well as any successor to such site or related site, currently located at m.paybyphone.co.uk;
“Password” means a personal identification number given to you by PayByPhone or chosen by you on registration of your Account;
“PayByPhone Services” or “Service(s)” means the service(s) offered to you by PayByPhone;
“Phone” refers to the mobile or other phone you have enabled to use the Account;
“Service Charge” means the fee charged by PayByPhone for use of the Services;
“Service Terms” means the terms and conditions relating to the relevant Service(s);
“Transaction” means a Transaction instigated by you as part of the PayByPhone Service;
“we”, “us”, and “our” means PayByPhone along with our successors, affiliates or assignees;
"Website” means the website owned and controlled by PayByPhone as well as any successor to such site or related site, currently located at www.paybyphone.co.uk; and
“you” and “your” means the person(s) who has established the Account and your permitted successors as assigns;
A.2 PayByPhone Account
In order to use any of the Services, you will need to register with PayByPhone by following the relevant sign up procedure to open an Account. Once you have opened an Account, we will create an Account profile for you. You may change your Account profile at any time by accessing your Account. You may not impersonate or misrepresent your identity to us. It is your responsibility to review and revise your Account profile so that it is accurate and current at all times. You further agree to comply with all laws which may be applicable to your registration with us. You accept that you are solely responsible for the use of your Account.
A.3 Use of Login and Password
A.3.1 During the process of opening an Account you will either be given a Password or can choose a Password which activates the Account. You will provide us with the number of your Phone which will provide your login to the Account. The login and Password are provided for your use and protection. You agree:
(a) Not to disclose the Password and not to record it on your Phone or otherwise make it available to anyone else; and
(b) To promptly notify us of any loss, unauthorised use or theft of your login or Password or Phone.
If you permit someone else to use the Account, you will be responsible for any Transactions initiated by such person.
A.4 Suspension or Termination of Account
A.4.1 Suspension or Closure of Account by PayByPhone
We may at our discretion suspend or close your Account and terminate the Agreement at any time provided that this will not affect any Services you have already paid for. This will not affect any of your rights or any of PayByPhone’s obligations that are in existence at the time of suspension or termination. On suspension or termination you will remain liable for any amounts owing to PayByPhone and any accrued interest or costs.
A.4.2 Closure of Account by You
You may terminate the Agreement at any time by cancelling your Account on the Website, by emailing us at firstname.lastname@example.org or calling the Customer Care Centre. Your cancelling of the Account will not affect any of our rights or your obligations arising under the Agreement prior to termination. Termination of the Agreement, howsoever arising shall not affect your accrued rights or PayByPhone’s accrued obligations at the time of termination.
A.5.1 Availability of the Service
PayByPhone Services are only available in selected locations and may not be available at all times. While we will endeavour to provide the best possible service, there are limitations to cellular and payment technologies which may cause interruptions in service.
A.5.3 Incomplete Transactions
We and the Facility Operator(s) accept no liability to complete any Transaction which cannot be cleared by our payment processor, whether because there are insufficient funds available on your card or otherwise.
A.5.4 User Error
We accept no liability for any loss or costs you incur as a result of you providing us with, or inputting the incorrect or inaccurate information required for use of a Facility (e.g. length of parking session required) or for using the Facility incorrectly or contrary to the terms of the Facility.
A.5.5 Mobile Network Availability
SMS messages may not be delivered to you if your Phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your network may interfere with message delivery, including problems with your handset, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that PayByPhone does not guarantee that alerts will be delivered.
A.6. Limitation of Liability
A.6.1 If PayByPhone fails to comply with this Agreement, it shall be responsible for loss or damage you suffer which is a natural, foreseeable result of our breaking of this Agreement. PayByPhone will not be responsible for any loss which is not foreseeable or if we are prevented or delayed from complying with our obligations under this Agreement by anything you (or anyone acting on your behalf) do or fails to do or due to events which are beyond our reasonable control.
A.6.2 PayByPhone will not be responsible for any losses in relation to a business e.g. loss of profits, business contracts, anticipated savings, goodwill or revenue.
A.6.3 PayByPhone does not exclude or restrict in any way its liability for death or personal injury resulting from its own negligence or the negligence of its employees or agents acting in the course of their employment or agency or for fraudulent misrepresentation.
A.6.4 If PayByPhone is in breach of contract or if any other liability is arising (including liability for negligence or breach of statutory duty), then subject to the provisions of clause A.6.2 and A.6.3, PayByPhone's aggregate liability shall be limited, for any one event or series of connected events in a twelve month period to an amount that is ten (10) times the value of the Transaction related to the dispute or £50.00 whichever is the lesser, provided that PayByPhone’s liability shall never fall below the price paid by you.
A.7. Liability for Authorised and Unauthorised Use of the Account
A.7.1 Authorised Use
You are responsible for all authorised uses of your Account.
A.7.2 Unauthorised Use of the Account
If you believe that your Account has been used by an unauthorised person or in an unauthorised manner e.g. your Phone or credit/debit card has been lost or stolen, then you must inform us at once or as soon as is reasonably possible so we can take action to close or suspend your Account and minimise your losses. Failure to notify us of such unauthorised use will result in you continuing to be liable for previous and future unauthorised use of the Account. Telephoning us as soon as possible is the best way to keep your possible losses down. If you believe that your Phone has been stolen, or that someone has transferred or improperly charged the Account without your permission, you may contact us by calling 0330 400 4357 or emailing us at email@example.com. Notwithstanding the foregoing, if a credit card is registered to your Account and you have reported it lost to the credit card issuer applicable law may protect you from liability for unauthorised purchases.
A.8 Dispute Resolution
A.8.1 Disputes relating to Facilities
In case of disputes in relation to a Facility, you should contact the relevant Facility Operator using contact details displayed at the location.
A.8.2 Disputes relating to payment
In case of disputes in relation to payment, you should contact us as soon as possible and, in any event, within 30 days of the Transaction in question. You must provide us with the following information:
(a) your name and mobile phone number or numbers used for the Account;
(b) a description of the error or the Transaction you are unsure about and an explanation as clearly as possible of why you believe it is an error or why you need more information;
(c) so far as is ascertainable the monetary amount of the suspected error and/or other details of the dispute or issue.
If you tell us verbally, we may request that you send us your complaint or question in writing within 10 Business Days.
Our geographical address to which you may send your complaint is PayByPhone Limited, 1 The Boulevard, Shire Park Welwyn Garden City, Hertfordshire AL7 1EL.
We will endeavour to tell you the results of our investigation into your complaint/dispute within 10 Business Days after we hear from you or, otherwise as soon as reasonably possible and will endeavour to promptly correct any error. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question.
A.9. Collection, Use and Disclosure of Information
A.10. Credit or Information Enquiries
A.11. Use of Mobile Phones While Driving can be Illegal and Dangerous
Your use of a mobile phone or any other device while driving can be dangerous and is, subject to certain conditions, illegal and we strongly advise you not to use the Services while operating a vehicle. You agree to indemnify and hold PayByPhone harmless from any or all liability what so ever for any harm, loss or injury related to illegal use of the Service or the Account while operating any kind of vehicle.
You agree to abide by all applicable legislation in relation to your Account and all the terms of the Agreement.
A.12. Licence and PayByPhone Website Access
Solely for use in connection with the PayByPhone Service, PayByPhone grants you a limited license to access and make personal use of the PayByPhone Website, Mobile Web, App and the Services. This license does not include any resale or commercial use of the PayByPhone Services; any collection and use of any information, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of Account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. All materials and information related to PayByPhone may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express the written consent of PayByPhone. Any unauthorised use of the Service terminates the permission or license granted by PayByPhone. You may not use any PayByPhone logo or other proprietary graphic or trademark without PayByPhone’s express written permission. The Account remains the property of PayByPhone at all times.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
In downloading and using any App you must to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
A.13. Amendment of these Terms and Conditions
We may make changes/additions to the Agreement at any time. If we are making changes which will materially affect your use of the Service(s), we will give at least 10 days’ prior notice by posting a notification on the Website, the App, Mobile Web and IVR. We may also notify you that we are making changes via email or text. We will assume that you accept our changes if you continue to use the Service(s) after such changes have been made. Please note, if we need to make changes for security/legal/regulatory purposes, we can make such changes without prior notice.
If you do not wish to accept the changes we have proposed, please stop using the Services immediately and cancel your Account in accordance with clause A.4.2.
A.14. Applicable Law
By opening the Account, you agree that English law shall apply to the terms of this Agreement and you agree to submit to the exclusive jurisdiction of the courts of England in relation to any dispute arising out of the agreement.
You agree to be subject to all applicable laws, regulations and to rules and customs of any payment processor, clearinghouse or other association involved in Transactions.
Unless expressly agreed otherwise we do not grant or transfer to you or any other person any intellectual property rights in our logos or other proprietary graphic or trademarks owned. The PayByPhone mark and other marks indicated on our site as being PayByPhone’s marks are registered trademarks of PayPoint Network Limited or its subsidiaries in Canada, the United States and other countries. Other PayByPhone graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PayPoint Network Limited or its subsidiaries. PayByPhone’s trademarks and trade dress may not be used in connection with any product or service that is not PayByPhone’s, in any manner that is likely to cause confusion among customers or consumers or in any manner that disparages or discredits PayByPhone. All other trademarks not owned by PayByPhone or its subsidiaries that appear on the PayByPhone website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PayByPhone or its subsidiaries.
A.16. Other Terms
PayByPhone may assign, sub-contract or otherwise transfer our rights under the Agreement to any of its subsidiaries or affiliates at any time without your prior consent.
The Account and your obligations under this Agreement may not be assigned. We may by prior written notice transfer our rights under this Agreement at any time.
A.16.2 Force Majeure
We will not be liable for any non-performance of our obligations under these Terms and Conditions as a result of events beyond our reasonable control (including amongst other things, acts of God, war, riot, and/or other civil commotion).
The duration of the contract will be indefinite provided that the parties may cancel the contract as set out herein.
A.16.4 Maintenance of Records
A copy of your contract will be filed by us for a period of 5 years from the date on which your Account was opened and will be accessible on written request.
We do not give up our rights by delaying or failing to exercise them at any time.
If any of the terms of the Agreement is found by a court to be illegal or not enforceable, all other terms will remain in effect.
PayByPhone are committed to protecting and respecting your privacy.
This policy (along with the General Terms and relevant Service Terms) sets out the basis on which any Personal Data (as defined under the Data Protection Act 1998 (the “Act”)) we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.
For the purpose of the Act, the data controller is PayByPhone Limited of 1 The Boulevard, Shire Park, Welwyn Garden City, Hertfordshire AL7 1EL.
B.1 Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our Website, App or Mobile Web or verbally to our call handlers or IVR system. We may also ask you for information when you enter a competition or promotion or if you report a problem with our site or any PayByPhone Services.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of Transactions processed via your Account.
- Details of your visits to our Website, Mobile Web or App including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise.
B.2 IP addresses
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our actual or potential partners or suppliers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
B.4 Where we store your personal data
B.4.2 All information you provide to us is stored on our secure servers. All payment Transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
B.4.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
B.5 Uses made of the information
B.5.1 We use information held about you in the following ways:
- For the purposes of providing and administering the Service(s) you have requested. To ensure that content from our site is presented in the most effective manner for you and for your computer;
- To provide you with information, products or services that you request from us;
- To provide you with information (which may come from third parties) related to our Services which we feel may be of interest or benefit to you (e.g. road closures, parking suspensions, surveys, and crime warning messages); or
- To notify you about changes to the Service(s) or Agreement.
B.5.2 Unless you have told us otherwise, we may contact you by electronic means (e-mail, SMS or App message) with information about goods and services similar to the PayByPhone Services you have used.
B.5.3 If you provide your consent, we may also use your data, to provide you with information about third party goods and services which may be of interest to you and we may contact you about these by email, SMS or a message via our mobile application.
B.5.4 You may unsubscribe to marketing messages at any time by following the “unsubscribe” link on the relevant message.
B.5.5 We may share information with actual or potential third party partners or suppliers in the form of aggregate user information which is anonymous (for example, we may inform them that 500 people parked in Islington for less than 1 hour on a given day).
B.6 Disclosure of your information
B.6.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
B.6.2 Additionally, we may disclose your information to:
- Facility Operators where necessary in relation to your use of the Services or the Facility;
- third party suppliers as part of the provision of or in support of the Services;
- third parties where you have provided your consent or if required/permitted by law.
B.6.3 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
B.6.4 In the event that PayByPhone or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
B.6.5 We may also disclose your personal information, if PayByPhone are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce or apply any of the terms of the Agreement; or to protect the rights, property, or safety of PayByPhone, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
B.7 Your rights
B.7.1 You have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
B.7.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
B.8 Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
SECTION C - PARKING PAYMENT SERVICE TERMS
PayByPhone provides customers with a convenient way to pay for their parking at specific locations using their Phone – it does not provide a parking service and any liability for any aspect of the parking Facility is that of the relevant Facility Operator and not PayByPhone.
Any queries, concerns or complaints that you have with regard to parking should be addressed to the relevant Facility Operator, whose contact details will appear at your parking location.
Unless otherwise stated, any defined terms used in these parking payment Service Terms shall bear the same meaning as set out in the General Terms.
Once you have successfully completed the registration process and opened an Account, you can use the Account to pay for parking at any parking Facility within the United Kingdom which offers a PayByPhone Service.
C.2 Use of the PayByPhone Service
C.2.1 Commencing a Transaction
You may commence a Transaction in one of the following ways:
(a) By calling the IVR number located on signage and entering when prompted the requested parking data (e.g. location code, length of parking session, vehicle registration number);
(b) Unless otherwise stated on signage, by sending a text to 65565 with your location number, your vehicle registration number, duration of session required (in the specified units) and the 3 digit security code (CVV2) on the back of the payment card registered to the Account. If you do not include your vehicle registration number as instructed, the PayByPhone system will use the vehicle you last parked on your Account as a default.
(c) Using the Mobile Web and completing the appropriate fields;
(d) Online by completing the appropriate fields;
(e) Using the App and completing the appropriate fields; or
(f) By any other method offered by PayByPhone from time to time.
C.2.2 Paying for a Transaction
(a) Each time you use the PayByPhone Service at a parking Facility, the following will be charged to the credit/debit card registered on your Account: (i) the parking fee charged by the Facility Operator, (and any applicable taxes); and (ii) the Service Charges (unless Service Charge is paid by the Facility Operator as determined by the Facility Operator); and (iii) any Text Receipt or Text Reminder fees (as defined under clause C.3.2 and C.3.3 respectively).
(b) Payments shall be made in Pounds Sterling.
(c) Cost of the Transaction shall be notified to you during the transaction process.
(d) VAT (if applicable) shall be included in the cost of Transaction. A breakdown of the VAT collected or charged are on parking receipts which can be found within your Account section of the Website.
C.2.3 Completing a Transaction
C.2.3.1 A Transaction shall only be deemed to be completed on receipt of a confirmation message which shall be any one of the below (“Confirmation Message”):
(a) A verbal confirmation if making the Transaction in accordance with clause C.2.1(a);
(b) An SMS confirmation text sent within 5 minutes of sending the original text in accordance with clause C.2.1(b);
(c) A confirmation screen generated immediately after the Transaction in accordance with clauses
C.2.1(c), C.2.1(d) and C.2.1(e); or
(d) any other form of confirmation introduced by PayByPhone from time to time.
C.2.3.2 If you do not receive a Confirmation Message, then the Transaction may not be complete and you may remain liable to pay for parking to the Facility Operator. In such circumstances, you should check the IVR, App, Website (in the “Park Now” section), Mobile Web or Customer Care Centre and start a new session if you have no live sessions on your Account.
C.2.3.3 Where you have received a confirmation text as described in clause C.2.3.1(b) and any details are wrong, you must text “STOP” to the relevant number within 5 minutes of receipt and start a new transaction.
C.2.4 Cancelling a Transaction
C.2.4.1 You can text “STOP” to 65565 within 5 minutes of receiving a Confirmation Message to cancel a Transaction. The PayByPhone system will send you a text to confirm the cancellation.
C.2.4.2 If you wish to cancel a transaction after 5 minutes of your Confirmation Message or if you have tried to cancel your session in accordance with C.2.4.1 but not received a text confirming the cancellation, you can contact the Customer Care Centre and provide details of the refund request and the reason why you require a refund . Please note that refunds after 5 minutes of the Confirmation Message will be at the discretion of the Facility Operators and/or PayByPhone. PayByPhone will submit refund requests on your behalf to Facility Operators.
C.3. Service Charges
C.3.1 Charges for use of Service
Each time you use the Service, a Service Charge will apply. Such Service Charge will either be paid for by you or by the Facility Operator (to be determined by the Facility Operator). Please ensure that you check cost of the Service Charge on signage at the Facility and/or during the transaction process. Service Charges will vary from location to location and may be varied periodically.
C.3.2 Text Receipt Option
PayByPhone offers an optional text receipt service. This text message confirms receipt of your payment and is sent to you by PayByPhone following the start of a successful Transaction (“Text Receipt”).
You may subscribe or unsubscribe to Text Receipts at any time via your Account or calling the Customer Contact Centre. PayByPhone charge 10p per Text Receipt in most areas. In some areas you will be charged more for Text Receipts. Check the Website paybyphone.co.uk/optionaltexts to see the charges where you are parking.
Please note that Text Receipts are sent via SMS. If you are located in a limited network area, then you may not receive text messages until you obtain sufficient network coverage. We cannot guarantee when you will receive your Text Receipt.
C.3.3 Text Reminder Option
PayByPhone offers an optional text reminder service. This is a text message sent to you shortly before the expiry of your current parking session (“Text Reminder”).
You may subscribe or unsubscribe to Text Reminders at any time via your Account or by calling the Customer Contact Centre. PayByPhone charge 10p per Text Reminder in most areas. In some areas you will be charged more for Text Reminders. Check the Website paybyphone.co.uk/optionaltexts to see the charges where you are parking.
Please note that Text Reminders are sent via SMS. If you are located in a limited network area, then you may not receive text messages until you obtain sufficient network coverage. We cannot guarantee when you will receive your Text Reminder.
C.4. Verification of Transactions
C.4.1 Statements of Account
You can access the current live parking sessions on your Account on the Website (“Park Now” section), IVR, App or Mobile Web. You can also access and print from the Website, Transaction receipts for expired parking sessions from your Account at any time. You may review up to two years’ worth of Transactions online at any time. PayByPhone can only provide you with electronic statements therefore, if you revoke your consent to receive your statements electronically PayByPhone reserves the right to terminate your Account immediately.
Version: 13 October 2015
© PayByPhone Limited 2015