Terms of Service Whoosh – December 2016

Clause 1. Preamble

Yellowbrick International BV (YBI) has implemented a Service called WHOOSH, that enables Users to remotely pay their parking fees. YBI has granted a license to PARKEON S.A.S which as a licensee,  has granted a sub-license to PARKEON Ltd. which, as a sub-licensee, takes care of the distribution of Whoosh in the United Kingdom.

The Service is activated on request of an Operators in charge of the parking activity management.  PARKEON Ltd. is a technical intermediary between the Operator, and the User (all as defined below) which, by means of a platform, enables parking time to be purchased in a simplified manner by use a bank card (credit or debit) authorised by use of a phone or other device accessing the internet, and, based upon the payment and technical options selected by the Operator.

Clause 2. Warnings

The User acknowledges that PARKEON Ltd. has provided all information and warnings particular to the proposed WHOOSH service, by which User can evaluate and implement the technical and legal measures that are appropriate under the circumstances.

The creation of the WHOOSH Account and/or the use of the WHOOSH Service requires the full and complete agreement by the User to these General Terms of Service.

The User acknowledges that it is fully aware of the fact that its agreement as to these General Terms of Service does not require the handwritten execution of this document. User may however save and print this document by accessing the WHOOSH Site: www.whooshstore.co.uk.

PARKEON Ltd. reminds the User that the use of a mobile phone or any other device while driving is dangerous. PARKEON Ltd. advises against the use of this service while driving a vehicle. PARKEON Ltd. assumes no liability for any losses caused by the use of the WHOOSH Service or the Account while driving a vehicle.

Clause 3. Definitions

In these general Terms of Service, the following terms have the meaning indicated below:

• WHOOSH Mobile Applications: Applications available on the download platforms dedicated to the types of mobile devices supported by the WHOOSH Service.
• WHOOSH Account: Technical account by which the User is identified on the WHOOSH service; it is created by the User in its own name during registration either on the Website my.whooshstore.co.uk, using the WHOOSH mobile application, or on the mobile Website m.whooshstore.co.uk.
• Operator: Legal person or authority operating the parking service.
• WHOOSH Service or Service: Service provided by PARKEON Ltd. whereby parking fees are paid in accordance with the terms herein.
• WHOOSH website: Website co-held and controlled by PARKEON Ltd. and any successor, currently located at the following address: www.whooshstore.co.uk
• The User: Person who sets up the Account.
• User Telephone: Telephone used by the user which has the feature and subscriptions required (voice and/or data plan) to access the service, or mobile telephone number entered in the Account.
• Ticket: Summary of the order relating to the parking fees featured on the home page screen of the WHOOSH Mobile applications and Websites consisting of the items set out in Clause 8.
• PARKEON Ltd.: Company which operates the WHOOSH Service in the United Kingdom

Clause 4. Purpose

PARKEON Ltd. is offering a remote parking fee payment service called WHOOSH at the request of an Operator. These General Terms of Service set out the terms of use of the WHOOSH service by the User.

Clause 5. Acceptance of the General Terms of Service

Any confirmation by the User of a payment of parking fees, irrespective of the payment medium used (Mobile website, Mobile Applications, WHOOSH Website, interactive voice response, call centre, SMS), represents complete acceptance by it of these General Terms of Service.

The User therefore acknowledges that it is fully aware, upon the creation of its Account, of these General Terms of Service, and, at the time of payment, of the special terms of sale indicated by the operator or in force at the parking spot (cost of the service(s), length of stay, etc.) and expressly acknowledges that it unconditionally accepts and agrees to both these General Terms of Service and the special terms of sale and/or local regulations pertaining to any particular transaction.

These General Terms of Service apply for the full period during which they are available on line on the WHOOSH Website. The General Terms of Service shall prevail over any other terms and conditions featured in any other document.

The version of the General Terms of Service binding on the User shall be the version provided on the Website www.whooshstore.co.uk at the time of validation of the payment.

Clause 6. Modification

PARKEON Ltd. reserves the right to modify and update access to the Website at any time as well as these General Terms of Service. These modifications and updates are binding on the User which must accordingly refer to this section on a regular basis to confirm the applicable General Terms of Service.

In order to still benefits from the whole WHOOSH Service, the User must accept the new General Terms of Service version.

Before confirming the purchase of the ticket, the User will be able to correct or modify its choices. This mechanism may be accessed at each stage of the purchase process.

Clause 7. Set up and management of the WHOOSH Account

The role of PARKEON Ltd. is to facilitate the payment of parking fees from a phone or other device accessing the internet, without the requirement that bank card details be entered for each payment.

In order to personalize the Account of each User, the following information constitutes minimum requirements:

• E-mail
• Login
• Mobile phone number
• Password defined for accessing to the WHOOSH service

The user will be able to access to the WHOOSH service by using either his E-mail, his Login or his Mobile phone number, and his Password as well.

If applicable, the User will be able to get this access through his own Facebook account.

The Login, the E-Mail or the Mobile phone number, coupled with the Password, are proof of the User identity and bind on any payment made through them.

The vehicle license plate number (several vehicles that can be associated with the same WHOOSH Account), as well as bank card details (card number, expiry date, cardholder’s name, card security code) are only required for the purchase of the first parking ticket, or when the card information changes (expiry date). The bank card details are not kept in the PARKEON Ltd. Information System, but at the provider of the payment solution. A User may register several bank cards, for example one for private usage and another for professional purpose.

Optionally, the following information may also be provided by the User:

• Title
• Family Name
• First name
• Occupation
• Address: Building number/name, Road, Town/City, Postcode, Country.

The User undertakes to provide authentic information and not to distort its identity and/or not to provide a false identity.

PARKEON Ltd. reserves the right to terminate or suspend any User Account if it contains inaccurate or false information.

Apart from any content provided by PARKEON Ltd., the User is and remains exclusively responsible for any personalised content of its WHOOSH Account. The User undertakes to update the content whenever necessary and to ensure that it is accurate, complete and current at all times.

The User alone bears any and all consequences which may arise from use by third parties (whether authorised or not), unless it can be demonstrated that the disclosure of his identifier(s) and password is the result of a fault attributable to PARKEON Ltd.

Clause 8. Use of the WHOOSH Service

The Account enables the WHOOSH Service to be used by any Operator which provides the WHOOSH Service in the United Kingdom.

Using WHOOSH, the User may purchase the following on-street parking rights:

• An hourly ticket
• A long term ticket
• An Electronic Permit

Depending on the entity in charge of the park, parking rights may be purchased by advance, and either on a unitary or recurring way.

The User may also purchase some off-street parking rights, on the sites using the following PARKEON Ltd. off-street solutions:

• Minipark
• Varioflex

For a proper functioning of the Whoosh service, new release can be necessary, The User is than advised to always download the latest version of the mobile application, when asked for.

8.1. Start a transaction

Based on the features selected by an Operator, the transaction may be started:

• By following the steps required by the Mobile applications
• By following the steps required by the Website
• By following the steps required by the mobile Website
• By following the steps required by the Interactive Voice Response service
• By following the steps required by SMS
• By following the steps required by the call centre
• By any other means proposed at a later stage

The parking area is selected either by geolocation, by address or by area code. This area defines the applicable parking price(s). The User shall ensure that the parking fee purchased through WHOOSH corresponds to the parking fee applicable to the area. The User may be subject to a fine for its own mistake.

If applicable, the choice of the service user type is the responsibility of the User. Any User which selects a service user type, for which it has not acquired the rights from the city, may be subject to a fine.

If a payment is initiated by SMS, the payment shall be directly made in accordance with the information sent by the User for the vehicle registered as a “vehicle by default” (may be modified on the website).

PARKEON Ltd. may not be held responsible for any fraudulent usage of the Service, or for any miss-use of the Service or errors by the User.

The price represents the parking cost established by the Operator, including the cost of the service based on the options selected, as well as any applicable taxes.

After payment has been validated, the amount of the parking fee is debited from the account associated with the bank (incl. card) entered into the WHOOSH Account. The payment is made in £ sterling.

The Ticket shall be valid for use by the User only if one of the following occur:

• Ticket appears in the list of ongoing tickets of its Account if it has been purchased via the Website, the mobile Website or the applications (the ongoing ticket interface is accessible via all those media).
• Receipt of the confirmation SMS if it has been paid by SMS
• Verbal confirmation upon payment by the voice response or call centre

The confirmation or rejection of payment is indicated to the User. In the event of any doubt as to the confirmation or rejection of the payment, and/or absence of confirmation or rejection of payment, the User should contact Customer Service. In such case, as it is likely that the Ticket has not been validated at all, and the User is urged to pay its parking fee by any other means available. Failing this, a fine may be issued by the Operator, for which PARKEON Ltd. is not responsible.

The successful completion of the payment is related to the User’s updating of its card bank details. The User agrees not to use a card that is expired or an account that does not have the sufficient funds.

PARKEON Ltd. is not responsible for any fine that may be issued prior to the validation of the Ticket.

The User acknowledges and agrees that some of its data will necessarily be disclosed to third parties as part of the payment processing procedures.

As soon as the parking time on a ticket has elapsed, the customer may choose to consult, export and/or print it via the WHOOSH Website.

Any new ticket purchased without being near to the vehicle involves a possible risk of fine, which PARKEON Ltd. cannot be responsible for.

8.2. Extension of the ticket

The User may at any time extend the validity of an already issued Ticket via the interface “ongoing tickets” from the Application or any connected object from which the Service would be available, provided that the Ticket has not expired, that it has not reached the maximum parking time established in the price policy of the Operator, and that the Operator accepts extensions of tickets.

8.3. Stop a Parking transaction

In the event when the entity that operates the park has subscribed to the “STOP” option, the User may , from the Application or any connected object from which the Service would be available, STOP an on-going transaction that has not reached yet it end time; in this specific case, the actual parking fee (plus the convenience fee if applicable) payment is performed at the time when the parking transaction stops, and not when it has started.

8.4. Information featured on the ticket

The ticket includes the following information:

• A unique ticket number
• The plate number of the car used
• The parking location and the corresponding zone code
• The User type
• A parking beginning and end time, and/or parking duration
• The amount paid by the User
• If applicable, the free parking duration
• If applicable, the amount of Taxes, as part of the paid amount
• If applicable, the convenience fee amount, as part of the paid amount

Clause 9. Price and payment

Registration to the WHOOSH Service is free.

A convenience fee for using the Whoosh! service is added to the parking fee. The total fee is summarised for you before you complete your transaction. The convenience fee varies by location.

User is responsible for all charges associated with its device and access to the internet.

The use of the WHOOSH Service is subject to any rules of the Operator, including, but not limited to: prices, price bands, parking time limits, maximum or minimum prices applied, parking durations, timetables, and terms of extension.

The parking service prices and fees of the Operator shall be those established and applicable on the date of use of the service. For each purchase initiated by the User, the amount of the transaction, including any applicable taxes and convenience fees (if any at all) of the Operator shall be invoiced to the bank account associated with the bank card entered in the Account. The use of the WHOOSH service is in addition to other payment methods available by the Operator.

In the event that the WHOOSH service is interrupted for technical or any other reason, the payment of required parking fees must be made by the User by any other payment method made available by the Operator.

At any time, the User can access to the history of his parking transactions.

Clause 10. Security and confidentiality of payments

The bank card details used (card number, expiry date, security number) in the WHOOSH Service are securely managed by a banking service provider which holds PCI-DSS certification (Payment Card Industry Data Security Standard) or equivalent.

Clause 11. Liability

PARKEON Ltd. shall only be solely liable for any losses or direct damage caused by and to the extent of its own negligence or wrongful act. The liability of PARKEON Ltd. shall be limited to a maximum amount of the Ticket amount.

In no event shall PARKEON Ltd. be liable for any indirect, special or consequential damages. PARKEON Ltd. shall not be responsible for any damage of any kind, which may arise from an improper use of the WHOOSH Website, Smartphone Applications, SMS, interactive voice response and/or call centre.

The liability of PARKEON Ltd. may not be incurred on account of any risk inherent to the use of the internet, such as, in particular, any suspension of the service, intrusion or presence of electronic viruses, loss of files, malfunction and/or interruption of the mobile networks or any other fraudulent use of personal data, such as identity theft.

As online payment operations are complex and involve the intervention of a number of parties, it is thus expressly acknowledged that PARKEON Ltd. may not be held responsible for any incidents that occur on the infrastructure that it does not manage or exercise control. No claim of any kind may therefore be made that result from events originating upstream or downstream. In particular, PARKEON Ltd. is not responsible for losses or damage arising from a payment refusal involving the User’s card, a malfunction involving a third party (for instance, a failure in the connectivity to the Internet with the payment processors).

PARKEON Ltd. is not liable for any damages incurred by the User or Third parties which arise from a case of force majeure or any event outside of the reasonable control of PARKEON Ltd.

Clause 12. License for the Software and other intellectual property rights

PARKEON Ltd. grants to the User, which accepts, a non-transferable access-limited license to its WHOOSH Websites and Smartphone applications, exclusively for its personal use in connection with the use and maintenance of User’s Account. This license does not include any resale or commercial use of the WHOOSH service, any collection or use of information, description of price, any use arising from this Site or its content, any downloading or copying of the account information to be employed by third parties, any use, research of data, automations or other data collection or extraction tools.

No material or information related to PARKEON Ltd. may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for a commercial end without the express written consent of PARKEON Ltd.

All audio-visual elements of the WHOOSH website, the WHOOSH Smartphone Applications, as well as graphics, logos, headers, icons, scripts, service names including underlying technology, are the exclusive property of PARKEON Ltd. and are protected. In this capacity only the uses specifically defined herein are authorised.

Any other use which is not expressly authorised in advance is prohibited.

By connecting to the Websites, the User undertakes not to copy or download all or part of their content.

Clause 13. Loss, theft and unauthorised use

The User is liable for any use of its Account including any transactions carried out by a person authorised to use his Telephone, his Account, or his Password.

As soon as the User becomes aware of any fraudulent use of its Account or Password, he shall immediately inform PARKEON Ltd. by calling: 01202 853340. This information shall be confirmed in writing by registered letter with acknowledgement of receipt to the following address: Whoosh Enquiries, Parkeon Ltd, 10 Willis Way, Fleets Industrial Estate, Poole, Dorset, BH15 3SS.

In the event of loss or theft of the User’s access device or the bank card associated with the Account or as soon as he becomes aware of the same, the User shall immediately inform its telephone operator/internet service provider or the entity which issued the bank card. In both cases, PARKEON Ltd. advises the User to close and/or update the information of its account, pursuant to the provisions of Clause 16 herein, in order to minimize any risk of fraudulent use.

Clause 14. Resolution of disputes relating to the Service

14.1. Disputes relating to the parking Service

PARKEON Ltd. does not undertake to provide parking services, parking fee collection services or to issue any fines.

PARKEON Ltd. assumes no liability or administrative responsibility with respect to any dispute relating to the parking service which falls within the exclusive responsibility of the Operator.

In the event of a dispute relating to the Parking service, all claims shall be made to the Operator in charge of the parking service. In support of the claim, the User may attach the Ticket which may be exported or printed from the WHOOSH website.

14.2. Disputes relating to the Whoosh Service

In the event of any technical issues related to its WHOOSH Account, the User may access the WHOOSH Website to consult the FAQ available on line, or contact the support service whose details and terms of access are provided on the WHOOSH Website.

Clause 15. Personal data

User personal data requested for setting-up the WHOOSH Service are essential for the good behaviour of this Service.

Any personal data will be maintained in accordance with the personal data and security policy, available at the WHOOSH website. Those personal data are kept so long as the User hasn’t requested the closure of his WHOOSH Account.

Subject to User’s opt-out rights, PARKEON Ltd. or other companies may send to the User any sales offers concerning its products and services. Whenever e-mails are received, the User may indicate at any time that he wishes to opt out by altering the preferences of his WHOOSH User Account.

PARKEON Ltd. may use Account information, including confidential information, for internal processing of parking transaction data or for statistical analysis.

16. Data processing and Privacy

16.1 In order to be able to deliver the Service to the Customer, WHOOSH! will process Personal Information of the Customer. This is done, in the framework of the agreement and for its execution, in order to provide better (online) service and, where necessary, to comply with legal obligations, but also for marketing purposes, (provided permission has been granted), to organize the WHOOSH! business processes more efficiently, or to prevent fraud, (for example when a Customer tries to register again while WHOOSH! has terminated an earlier agreement with this Customer because this Customer has acted in violation of the General Terms and Conditions).

16.2 WHOOSH! always processes these Personal Data in a proper and careful manner and in accordance with the provisions of the General Data Protection Regulation and the local application thereof.

16.3 WHOOSH! takes the necessary technical and organizational measures to protect the Personal Data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing.

16.4 The Personal Data made available by the Client to WHOOSH! will only be processed in the context of WHOOSH!’s own business activities and to give execution to the Agreement with the Customer.

16.5 In all cases in which WHOOSH! shares Personal Data of a Customer, the Provider will also process personal data of the Customer. In this case, the Provider will inform the Customer about how it handles his personal information. The Customer will have to check the Provider’s website for information regarding the processing of Personal Data.

16.6. For more information about the processing of personal data by WHOOSH!, please visit our Privacy Statement and Cookie Policy.

Clause 17. Closure of the Account

PARKEON Ltd. reserves the right to close the User Account at any time for any reason or no reason.

Any such closure shall not affect any of the on-going parking fees paid by the User, or any of the obligations of PARKEON Ltd. in existence at the time of the closure. The User may close its Account at any time and free of charge by sending a written request to the following address: Whoosh Enquiries, Parkeon Ltd, 10 Willis Way, Fleets Industrial Estate, Poole, Dorset, BH15 3SS. The User personal data are anonymized at the reception of the Account closure request

Clause 18. Duration

These General Terms of Service shall apply for the full period during which they are available on line on the WHOOSH website.

Clause 19. Assignment

PARKEON Ltd. reserves the right to assign any its rights and obligations arising from this agreement to third parties.

Clause 20. Entire contract clause

The invalidity of any provision of these General Terms of Use, as determined by a court of competent jurisdiction, shall not result in the invalidity of the other clauses of the agreement.

Clause 21. Applicable law

These General Terms of Service are governed by the laws of England and Wales

Clause 22. Language

These General Terms of Service and the special terms are drafted in the English language.

Clause 23. Disputes

These General Terms of Service are subject to the laws of England and Wales.

In the event of a dispute, the User shall notify PARKEON Ltd. in writing within 30 days of its knowing the basis of the dispute.

In case when the dispute cannot be solved directly between the User and PARKEON Ltd., it will be brought to the competent court.

Legal Notice

1. Publisher and host company

Company publishing the site:

• PARKEON Ltd, Fleets Industrial Estate, Willis Way, Poole BH15 3SS, UK
• This site is hosted by Dr. Woe, Voorhelmstraat 25, 2012 ZM Haarlem, The Netherlands

2. Preamble

Whoosh! is an online mobile phone parking service which is developed and maintained by Yellowbrick International B V. The Whoosh! service is licensed to PARKEON Ltd. (as sub-licensee) and who distributes the service. 

This site aims to introduce you to the Whoosh! mobile parking service. The use of this site implies that you agree to be bound by the general terms and conditions that follow, and agree to abide by all applicable laws and parking regulations.

3. Information about the service

The characteristics of the service presented are given for information purposes only. Yellowbrick International BV or its subsidiaries (and/or its licensee) can modify the information contained on this site regarding the service at any time and without prior notice. The information is given with no express or implicit guarantees. The  service presented on this site is chiefly distributed by a network of distributors. In all cases, these distributors are companies that are themselves separate legal entities and act alone with no solidarity between them. As a result, when you access the information, the service offered by these distributors via a hyperlink, these companies are entirely responsible for the information contained on their sites. 

4. Management of access and passwords

The site or certain sections of it are available using an access code and password that will be provided by Yellowbrick International BV (and/or its licensee). The access codes and passwords are confidential. You are responsible for the consequences of their use. It is therefore your responsibility to take all the necessary measures to ensure the security and confidentiality of the access codes and passwords allocated to you. You commit to informing PARKEON Ltd. of any fraudulent use of your access code and/or password as soon as you become aware of it. You can at any time change the password initially allocated to you via the site. Yellowbrick International BV (and/or it’s licensee) reserves the right to suspend your access to the site in the case of fraudulent use or attempted fraudulent use of access. In the event that access is suspended, Yellowbrick International BV or our local representative will inform you immediately

5. Protection of personal data

When you visit the site, you may be required to provide a certain amount of personal data about yourself with the aim of our better meeting your needs for information and understanding your expectations, as well as to help you make the most of the services offered on this site. This data is kept confidential and is intended solely for Yellowbrick International BV or its subsidiaries or its licensees, as well as its partners and independent distributors for the purposes of analysis and/or surveys. You have the right to access, modify, rectify and delete the data concerning you at any time by contacting us using the “Contact us” page on the Internet site or this e-mail address: whoosh@parkeon.com

6. Copyright

All the information or documents contained on the site, as well as all the elements created for the site, are either the property of Yellowbrick International BV or its subsidiaries or its licensees, or are subject to the agreed rights of use, reproduction and representation to the benefit of the latter. The information, documents or elements are subject to copyright and similar laws protecting authorship from the moment they are put at the public’s disposal on the site. Copies of the documents contained on the site can only be made for information purposes and solely for one-off strictly private use. No licence or right other than that of consulting the site is given to anyone with regard to intellectual property rights. The reproduction of documents from the site is authorized solely for information purposes for personal and private use: all reproduction and use of copies carried out for other purposes is expressly forbidden and is subject to prior express authorization from Yellowbrick International BV. In all cases, the authorized reproduction of any information contained on this site must indicate the appropriate source and copyright. Unless otherwise stated, the company names, logos, products and brands named on this site are the property of Yellowbrick International BV or its subsidiaries or its licensees. They cannot be used without the prior written authorization of Yellowbrick International BV.

All communications sent to Yellowbrick International BV or its subsidiaries, or its licensees by way of this site or by email are not deemed confidential, and Yellowbrick International BV or its subsidiaries or its licensees can freely reproduce, publish or use them in any other way for any purpose. The sender of any communication to Yellowbrick International BV or its subsidiaries or its licensees is responsible for its contents and the information it contains, notably in terms of its accuracy.

This site respects copyright. All the rights of authors of protected works reproduced or divulged on this site are reserved. Except in the case of authorization, any use of works other than individual and private reproduction and consultation is forbidden.

7. Hyperlinks

Yellowbrick International BV and its subsidiaries or licensees formally accept no responsibility regarding the content of the sites to which they offer links. These links are offered to the users of this site as a service. The decision to activate the links lies solely with the users of the site. If you wish to create a hyperlink with this site, you must obtain prior written authorization from Yellowbrick International BV at: HJE Wenckebachweg 80, 1114 AD Amsterdam-Duivendrecht, the Netherlands or via the “Contact us” page on the Internet site or by e-mail at: whoosh@yellowbrickinternational.com. This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

8. Responsibility

The information and recommendations (“Information”) available on this site is provided in good faith. This Information is supposed to be correct at the moment you read it. However,  Yellowbrick International BV and its subsidiaries and its licensees do not guarantee the thoroughness and accuracy of this Information. You fully accept the risks associated with the credit you give the information. No guarantee, either express or implicit, is given regarding the products or services that are referred to in this Information. Under no circumstances will Yellowbrick International BV or its subsidiaries or its licensees commit to updating or correcting the Information published on this site. Equally, Yellowbrick International BV or its subsidiaries or its licensees reserve the right to modify or correct the contents of their sites at any moment without prior notice.

Despite all their efforts, Yellowbrick International BV and its subsidiaries or its licensees cannot guarantee a virus-free site and do not accept any responsibility in this regard. Internet users must for their own protection take the necessary measures and in particular must use antivirus software to scan all information, software or documentation before downloading it.

9. Terms and conditions updates

Yellowbrick International BV can update these terms of use for the site at any time. Consequently, you are invited to refer regularly to the latest terms of use currently in force for the site.