1 Interpretation
In the Agreement the following words and expressions shall have the following meanings unless the context otherwise requires:

1.01 The relevant Council:
The Local Council to which you the user will avail of parking locations.
1.02 mPARK :
A mobile phone payment service for on street parking, operated on behalf of the relevant council by Alphyra mPayments Ltd.
1.03 P&D :
Pay & Display machine operated by the relevant council
1.04 The Members Area :
This is a secure area of the mPARK website where The User can login and view recent parking transactions and/or change user details such as contact details or payment preferences.
1.05 IVR :
Interactive Voice Response. The parking customer will interact with the IVR system while conducting a Pay & Display transaction.
1.06 The User:
A person who registers to use the mPARK service.

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2 Collection of Charges

2.1
Upon application to mPARK for an account The User will
(a) Indicate his/her proposed method of payment
(b) Provide requested details relevant to his/her proposed method of payment
2.2
If The Users chosen method of payment is billing to a mobile operator, then The Users details will be forwarded by mPARK to the relevant mobile operator, who will then complete the registration process. Subsequent charges for parking service will be processed by the mobile operator and presented to The User according to an agreement entered into between the mobile operator and The User.
2.3
If The Users chosen method of payment is credit card or debit card then the parking transactions will be processed by mPARK directly and will appear on the user's credit card bill as "the relevant Council mPARK".
2.4
Once The User has registered with www.mPARK.com , He/ She will have the ability to access information related to recent parking transactions in The Members Area of the mPARK website.
2.5
The User acknowledges that:
(a) He/She is responsible for ensuring that he/she has sufficient credit to pay for the parking transaction, and if this is not the case that he/she will have to pay the parking charge using cash.
(b) Parking charges may be increased from time to time and any such increases shall be immediately binding upon The User.
(c) He/she must inform mPARK of any change of registration details, including mobile telephone number, name and address, or registered office if applicable. This should be done by logging into The Members Area of the mPARK website or calling the mPARK Helpline.
(d) He/ She is responsible for all phone/ internet charges incurred whilst using the mPARK service, in accordance with the agreement between The User and his/ her Mobile Network Provider/ ISP (Internet Service Provider).
(e) The relevant Council parking control bye-laws apply to users of mPARK.
(f) That in the case of the mPARK service being unavailable for any reason, the relevant Council or its appointed subcontractor will not compensate The User for the system being unavailable, and The User must carry out the parking transaction using cash.

2.6
In rare circumstances where a P&D machine may be delayed in activating/never activate, The User is required to allow for a maximum of 45 seconds from the end of the last IVR prompt. It is accepted by the user that the machine may not activate in rare circumstances or may activate and display an error message, in which case mPARK is not liable for any communications which the user incurs as a result of the transaction failure.

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3 Waiver

3.1
There shall be no waiver of any terms or conditions unless such waiver is evidenced in writing and signed by the waiving party.
3.2
No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of any other right, power or privilege.
3.3
The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.

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4 Entire Terms and Conditions

The terms and conditions set out herein (together with the FAQ and Account Application Registration Form which may be published by mPARK from time to time in print and/or on the Internet) constitute all the terms and conditions of the Agreement. The User acknowledges that he/she has not relied upon any representation save for any set out in these documents.
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5 Governing Law

The contract shall be governed by and construed in all respects in accordance with the laws of the United Kingdom.
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6 Force Majeure

If the use of the mPARK service is prevented or hindered by any matter beyond the control of the relevant Council or its subcontractor Alphyra mPayments Ltd. including but not limited to acts of God, acts of government, strikes, lockouts, industrial disputes, winds, fire, lightning, aircraft, explosion, flooding, drought, riots, civil commotions, acts of war, malicious mischief or theft then the performance of the Agreement shall be suspended without any liability on the part of mPARK until such prevention or hindrance comes to an end.

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7 Termination

7.1
The Agreement or the right to use the mPARK Service may be terminated at any time without notice by the relevant council:
(a) if The User has, in the opinion of the council or its agents made fraudulent or any other unauthorised or illegal use of the mPARK facilities not in accordance with the Agreement;
(b) if The User goes bankrupt or is otherwise unable to pay his/ her debts as they fall due or, as appropriate, an encumbrances lawfully takes possession ( and does not relinquish possession within thirty days) or an examiner or receiver or liquidator is validly appointed in respect of the assets of the User or an examinership order is made in respect of the winding-up of The User; or
(c) if The User is in breach of any of the terms of the Agreement.

7.2
the relevant Council reserve the right to alter these conditions of use for the mPARK service without notice or reason, including withdrawal of the service without prior notice.
7.3
Any termination of the Agreement pursuant to this Clause shall not be without prejudice to any other rights or remedies accrued to the parties.

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8 Compliance

The User shall comply with any instruction for the use of the mPARK facilities issued by the relevant council from time to time with all the applicable laws including, without prejudice to the generality of the foregoing, and bye-laws or regulations created there under.

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9 Communication Between The User and mPARK

9.1
Where either party is required to notify the other according to the Agreement or otherwise wishes to communicate with the other party such notice or communication may be served by E-mailing/ Posting by first class post in the case of mPARK to mPARK, support@itsmobileparking.com, Canada House, Field End Road, Eastcote, Middlesex, HA4 9NA or, in the case of The User to the E-mail address last notified to mPARK.
9.2
Any notice or other communication so served shall be deemed duly served forty-eight hours after posting or upon delivery or at the time of transmission depending upon whether it is e-mailed or sent by post.

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10 Changes to terms and Conditions

The terms and conditions of the Agreement may be changed by the relevant Council at any time and any such changes will be made available to The User at www.mPARK.com, or the up-to-date Terms and Conditions can be collected from the relevant Council Office.

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11 Data Protection

The User may elect to opt in , in order to use other future mobile payment services. This is done when registering user details in www.mPARK.com. If the user elects to opt out, then with the exception of any disclosure made by the relevant Council to any of its subcontractors or to the relevant Mobile Network Operators in connection with any mPARK facilities and subject hereinafter as mentioned, mPARK shall not be entitled to disclose any information concerning The User to any person.

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