Terms and conditions

Last update: 15.07.2020

GENERAL TERMS FOR THE USAGE OF UPPARK WEBSITE AND APPLICATION

The herein general terms represent the contractual agreement between AVITECH Co. S.R.L and you, which regulates both the terms under which you can access AVITECH services and the obligations of each party.

The undersigned, AVITECH Co. S.R.L. is a Romanian company with its headquarters in Voluntari, bd. Pipera nr. 1B, Cladirea de Birouri Cubic Center, et. 7, judetul Ilfov, Romania and holds the intellectual property rights on UPPARK site and application.

By downloading the UPPARK application and registering to it, using thus UPPARK services, you express your consent to these terms.

Thus, please read carefully before continuing to download and register your personal data into this application.

We are constantly trying to improve our services and, accordingly, these general terms can be subjected to changes, which shall be posted immediately on the site and through the application. In case you continue to use our services, it is construed that you agree with the amendments brought to the herein general terms. If you do not agree with such amendments, you can stop using the AVITECH services. These general terms were updated on 15th July 2020 and they have not been amended since then.

UPPARK offers you a remote payment method, using your mobile phone, for the parking services provided by our partners. You can pay for the counter-value of such services either by using your bank card or by the means of the mobile phone operator, case in which you choose to pay by SMS.

Please note that AVITECH does not provide parking services, the herein general terms do not represent a parking agreement. AVITECH only provides services for facilitating the payment of parking. The Agreement for the parking services is concludes between you and the parking services provider in the area/town you park. Contractul pentru servicii de parcare se incheie intre dumneavoastra si furnizorul de servicii de parcare din zona/orasul in care parcati.

UPPARK services are available only in some areas in Romania and we do not guarantee its availability across the entire country.

The following terms have the meanings indicated below:

  • account or accountsshall mean all the accounts you opened in the UPPARK app for parking payment services;
  • service shall mean the services provided by AVITECH Co. S.R.L. for the mediation of payment for the services provided by partner vendors chosen by you in the application (e.g. Payment for hourly rates or parking subscription, payment for the tickets or subscription for the public transport, etc.) by using the bank card or your phone, in accordance with the herein general terms;
  • AVITECH shall mean the company AVITECH Co. S.R.L., with its headquarters in Voluntari, bd. Pipera nr. 1B, Cladirea de Birouri Cubic Center, et. 7, judetul Ilfov, Romania, together with our successors, affiliates or associates and any other entity which the undersigned or our associates could establish in the future;
  • website or site shall mean the website currently used as well as any successor of such site for which AVITECH holds the intellectual property rights;
  • UPPARKshall mean the application for parking payment by bank card or SMS, for which AVITECH holds the intellectual property rights.

USAGE AND PAYMENT OF SERVICES

In order to access AVITECH services for the facilitation of parking payment, it is required to download on your mobile phone the UPPARK application, available in AppStore and GooglePlay.

After downloading, to be able to log in to the application, it is required either to create a user account with a password, supplying the personal data required, or to use a valid Facebook or Google account. The policy regarding personal data processing can be found below.

To activate your account, it is required to enter the data of a valid bank account you hold, as well as your phone number, for the payment option by SMS. When activating the account, the application generates a security token representing a unique informatics code by which both your account and the payments made are identified. To be able to generate the token, it is necessary to cash an amount of 1 leu, which shall be returned after the successful completion of the procedure for activating the account, within a reasonable period, according to the policy of the bank which issued your card.

The UPPARK application can be used exclusively for making payments to AVITECH or to our partners, suppliers of parking services.

To activate the account it is also necessary to enter your vehicle registration number.

Following the activation of the account, you will be able to use our services for parking payment facilitation, in which regard you need to identify the area where you are, to pay the correct rate applicable to the location where you parked.

Select the estimated parking time in the app.

Choose your payment method: card or SMS.

Should you choose payment by card, we inform you that payments shall be processed by Netopia Payments. If a payment request is denied by your bank, you must pay for parking using an alternative payment card or via SMS.

The amount you pay will be displayed after you select the area where you want to park.

Payment via SMS shall be made according to the instructions in the app. The number, SMS text and code shall be different, depending on city. Accordingly, please verify the accuracy of such data before you make the transaction.

When the estimated duration of the parking has elapsed, you receive a notification and you are able to extend this duration.

For certain towns we also offer the possibility to purchase, through the application, parking subscriptions, tickets and subscription for the public transport, under the same payment terms.

Following a payment with the bank card, the application shall automatically generate the related fiscal invoice, which it shall upload to your user account.

For the payment by SMS, the counter-value of the transaction shall appear on the invoice of the mobile phone operator while you shall receive an SMS with the confirmation of the payment.

In case the invoice is not uploaded to your account or you do not receive a confirmation SMS within two minutes from the moment of payment, it means the transaction failed, case in which it is considered that you DID NOT pay the counter-value of the parking service and, thus, you are not entitled to stay on the respective parking spot.

You have the duty to check the processing of the transaction. We take no responsibility for the case in which the payment has not been processed and, accordingly, you are fined by the provider of the parking service.

We emphasise the fact that we do not provide parking services, but solely payment facilitation services. Thus, we are not liable for the security and integrity of your vehicle or of the goods left inside it.

The undersigned accepts the following cards: Visa, Mastercard, Discover, American Express, JCB, Wright Express, Carte Blanche & Diner's Club.

AVAILABILITY OF SERVICE

UPPARK service is available only in some areas in Romania and we do not guarantee its availability across the entire country, although we are permanently trying to extend.

We inform you that we undertake no responsibility to you or third parties for the amendment, suspension or interruption of Services.

We undertake no obligation that the Services shall be provided continuously or without errors and we shall not be held liable in any way to you for the consequences of any interruption or errors.

You agree that interruptions can occur due to technical reasons or other reasons which are not the fault of the undersigned and which we cannot control. However, we undertake the obligation to restore all services concerned as soon as possible.

DATA SECURITY POLICY

The data you provide are stored on a server that belongs to AVITECH, regarding which we took all physical and informatics safety measures.

Our systems are rigorously tested and have been developed with encryption software and secure technology. All bank details and transactions are also protected by firewalls in order to ensure the security of all personal data. The use of your bank card data is in accordance with security standards.

As registered user, your data shall be available only for the approved purpose of the services, any other usage being denied, except for the payments to the undersigned or to our suppliers with whom we collaborate. Nor in the slightly probable case of an unauthorised data access shall our system allow other payments than the above-mentioned.

You can review and edit your registered data using the UPPARK app.

If you have reason to suspect the unauthorized use of this data, including the bank card data, you should inform us immediately, containing us by the means of the form on the site. If you report your card as stolen, the usual safety measures stipulated by law shall be applied and, at the same time, your account shall be suspended to prevent its usage by unauthorised people. To be able to use AVITECH services again, you have to take all necessary measures to change your payment data.

In case you believe there is a security risk for your account, please notify us with the form on the site. In case you think your mobile phone was stolen or used abusively, you have to inform us as soon as possible, to limit any further usage of the phone for the services provided by AVITECH and to limit any financial implications that could arise in connection to the theft. Should you fail to inform us in due time of such event, we take no responsibility for the potential fraudulent transactions carried out by third parties in such circumstances.

You undertake to take no actions regarding the abusive usage of the UPPARK service, including, without limitation, the attempt to get unauthorised access to the site or to any part of the AVITECH systems or to enter, willingly, a virus, worm or other malware types.

We reserve the right to refuse your registration and/or suspend and/or terminate your account if we consider you have breached or could be in breach of these Terms or if the law requires it and shall not be obliged to provide you with any reason for that. We may continue to suspend your account if we suspect any unauthorized use or abuse.

INTELECTUAL PROPERTY RIGHTS

The application, services and UPPARK site are protected by the intellectual property rights held by AVITECH Co. S.R.L. or its affiliates. Such intellectual property rights also apply to secondary products, new versions, upgrades, updates, changes.

Both UPPARK brand and other brands indicated on AVITECH site are registered trademarks of AVITECH Co. S.R.L. or our affiliates.

UPPARK brand may not be used in connection with any products or services not belonging to AVITECH Co. S.R.L. or its affiliates in any way that could cause confusion among its customers or in any way that could discredit AVITECH Co. S.R.L.

By activating the account in UPPARK application, you get from AVITECH a non-exclusive license, temporary and non-transferable license for the use of AVITECH products, for which we hold intellectual property rights. Except for those expressly stipulated under the herein terms, AVITECH shall grant no other intellectual property right, you are under the obligation to refrain from breaching the AVITECH rights. Otherwise, you shall be liable for all damages of any kind resulting from any breach of our intellectual property rights committed by you.

Any communication, including but without limitation to, emails, photos, audios, videos, graphics and/or other materials sent directly or in copy or by any other means by you to AVITECH or to any of our employees, lawyers or agents and any postings on this site shall become property of AVITECH once they are submitted. By sending them, you grant us irrevocably and free of charge the right to use such information.

MISCELLANEOUS

AVITECH liability for any prejudices, directly or indirectly, that could be inflicted upon you as a result of using AVITECH services, shall be limited to the counter-value of the cost of the purchased product, namely the parking/ticket/subscription.

These general terms represent an agreement concluded between you and AVITECH to regulate the Services provided to you by us. If any provision is or becomes void or not applicable, it shall not affect the validity and applicability of the other provisions.

APPLICABLE LAW AND DISPUTES

These general terms are regulated by Romanian law. Any potential litigation between you and AVITECH shall be settled according to the Romanian law in force on the date the litigation occurred and it shall be brought for settlement before the competent courts at our headquarters.

You also agree to comply with all laws, including, without limitation, those applicable to online behaviour.

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