1 ABOUT US

1.1 Evology is a trading name of Parkingeye Limited and its subsidiaries. The party you contract with will depend upon which country you are based in when you create an account with us and / or which country you are located in when wishing to use our services.
1.2 The following companies form part of the Parkingeye group of companies that trade as Evology and will be contracting entities for the provision of Evology Services:

Country	Name of entity	Company number	Registered address
UK	Parkingeye Limited	5134454	40 Eaton Avenue, Buckshaw Village, Chorley, Lancashire, PR7 7NA, UK
Germany	Parking Solutions Deutschland GmbH	HRB 262845	Münchner Straβe 24, 85774 Unterföhring, Deutschland
Denmark	Parking Solutions Danmark ApS	42325864	Slotsmarken 10-18, 2870 Horsholm, Danmark
Austria	Avantpark Parking Solutions Österreich GmbH	FN 580916p	5th Floor, ezone office building, Walcherstr. / Ernst Melchior Gasse 20-24, 1020 Vienna

1.3 Within these terms and conditions, all of the above contracting entities are referred to as “Evology”, “we”, “us” and “our”.
1.4 Parkingeye Limited and the applicable contracting party shall be joint controllers in respect of data processed by your use of the Evology Services. Both parties have agreed the roles and responsibilities that each will undertake in the provision of Evology Services, whilst also working together to ensure their compliance with Data Protection Laws.

2 INTRODUCTION

2.1 Under Data Protection Laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data. This information is provided in this Evology Privacy Policy and it is important that you read this information.
2.2 This Evology Privacy Policy, applies to your use of:
2.2.1 the Evology Apps hosted on Google Play or the App Store – Apple (“App Sites”), once you have downloaded or streamed a copy of the Evology Apps onto your mobile telephone or handheld device (“Device”);
2.2.2 any of the Evology Services; or
2.2.3 any services that are available on the Evology Websites, App Sites or other sites of ours (“Services Sites”).
2.3 This Evology Privacy Policy sets out the basis on which any personal data we collect from you or that you provide to us, will be processed by us. The Evology Apps are not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it. If you do not agree to the processing of your personal data as is set out in this Evology Privacy Policy, please do not create an Evology account or use the Evology Services.
2.4 We are committed to protecting your personal data and respecting your privacy.
2.5 Any capitalised words or phrases not defined within this Evology Privacy Policy shall have the meaning given to them in the Evology Terms and Conditions.

3 CONTACTING US

3.1 We have a Data Protection Officer and a Privacy Team for our Evology contracting parties. As Parkingeye Limited and the other contracting entity are joint controllers, under Data Protection Laws, you are entitled to assert your rights against either controller. If you are concerned about the processing of your personal data by us or if you have a privacy related query not answered by this Evology Privacy Policy, you can contact us via the following methods:

Country	Contact details
UK	[email protected] [email protected]
Germany	[email protected] (Telephone) +498921527859
Denmark	[email protected] (Telephone) +45 71 92 92 66
Austria	[email protected] (Telephone) +43(1) 330 6807

Alternatively, you can write to the Privacy Team with your privacy related query at Privacy Team, Evology, PO BOX 117, Blyth, NE24 9EJ, United Kingdom or at the relevant address listed in the table at section 3.1 above.
Our Data Protection Officer can also be contacted via the above email addresses or at any of the above postal addresses; please mark any correspondence, “FAO: Data Protection Officer”.
Our Data Protection Officer is available to answer any questions you may have regarding the processing of your personal data and your rights under the General Data Protection Regulation.
3.2 We will review each request we receive. Under Data Protection Laws, we do not have to agree with your request but if we refuse your request, we will still contact you within one month to explain why.‍

4 CONTACTING THE SUPERVISORY AUTHORITY

4.1 You have the right to make a complaint at any time to the applicable Data Protection Supervisory Authority within your country or region of residence if we fail to comply with Data Protection Laws. The various Authorities are listed here: Our Members | European Data Protection Board (europa.eu) We would, however, appreciate the chance to deal with your concerns before you approach the relevant Authority, so please contact us in the first instance.

5 CHANGES TO THIS EVOLOGY PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

5.1 We keep this Evology Privacy Policy under regular review. When you create an Evology account and each time you use the Evology Services, you will be deemed to have accepted the Evology Terms of Use (which includes this Evology Privacy Policy) in place at that time.
5.2 This version was last updated on 31st December 2024. It may change and if it does, these changes will be posted on this page and where appropriate, notified to you by email. The new version may be displayed on-screen and you may be required to read and accept the changes to continue your use of the Evology Apps or the Evology Services.
5.3 It is important that the personal data we hold about you is accurate and up-to-date. Please keep us informed if your personal data changes during our relationship with you.
6 THIRD PARTY LINKS
6.1 The Services Sites may from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites are entirely separate from us and have their own privacy policies (if any).
6.2 We do not accept any responsibility or liability for such websites, their privacy policies, any personal data that may be collected through them such as Contact Data and Location Data or for any products and / or services that are offered by or advertised on them. Please check the privacy policies of such websites before you submit any personal data on them or use their services.

7 THE DATA WE COLLECT ABOUT YOU

7.1 We may collect, use, store and transfer different kinds of personal data about you as follows:
7.1.1 Identity Data;
7.1.2 Contact Data;
7.1.3 Financial Data;
7.1.4 Transaction Data;
7.1.5 Device Data;
7.1.6 Content Data;
7.1.7 Profile Data;
7.1.8 Usage Data;
7.1.9 Marketing and Communications Data; and
7.1.10 Location Data.
7.2 Please click on each to find out more about these different kinds of personal data.
7.3 We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature on the Evology Apps. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Evology Privacy Policy.
7.4 We may also require certain special category Personal Data about you, in particular information about your health where it is relevant to the Evology Services e.g. so we can check the availability of disabled parking. We do not collect any information about criminal convictions and offences.

8 HOW YOUR PERSONAL DATA IS COLLECTED

8.1 We will collect and process the following data about you:
8.2 Information you give us – This is information (including Identity Data, Contact Data, Financial Data and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Sites and the Services Sites (together, “Our Sites”) or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Sites, download or register the Evology Apps, subscribe to any of our Evology Services, search for the Evology Apps or the Evology Services, make a purchase on the Evology Apps or the Evology Websites, share data via the Evology social media functions, enter a competition, promotion or survey or other activities commonly carried out in connection with the Evology Services and when you report a problem with the Evology Apps, the Evology Services or any of Our Sites. If you contact us, we will keep a record of that correspondence.
8.3 Information we collect about you and your Device – Each time you visit one of Our Sites or use the Evology Apps, we will automatically collect personal data including Device Data, Content Data and Usage Data. We collect this data using cookies and other similar technologies. Please see the Evology Cookie Policy for further details.
8.4 Location Data – We also use your Device and technology to determine your current location. Some of our location-enabled Evology Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. Location Data services will only be active when you are using the Evology App. You can withdraw your consent at any time by disabling Location Data in your settings.
8.5 Information we receive from other sources including third parties and publicly available sources We will receive personal data about you from various third parties and public sources as set out below:
8.5.1 Device Data from the following parties:
8.5.1.1 analytics providers;
8.5.1.2 advertising networks inside and outside of the UK; and
8.5.1.3 search information providers inside and outside the UK;
8.5.2 Contact Data, Financial Data and Transaction Data from providers of technical, payment and delivery services;
8.5.3 Identity Data and Contact Data from data brokers or aggregators; and
8.5.4 Identity Data and Contact Data from publicly available sources.
8.6 Unique application numbers – When you want to install or uninstall an Evology Service containing a unique application number or when such an Evology Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

9 COOKIES

9.1 We use cookies and/or other tracking technologies to distinguish you from other users of the Evology Apps, App Sites or Services Sites and to remember your preferences. This helps us to provide you with a good experience when you use the Evology Apps or browse any of Our Sites and also allows us to improve the Evology Apps and Our Sites.
9.2 For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, please see the Evology Cookie Policy.

10 HOW WE USE YOUR PERSONAL DATA

10.1 We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
10.1.1 Where you have consented before the processing.
10.1.2 Where we need to perform a contract we are about to enter or have entered with you.
10.1.3 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
10.1.4 Where we need to comply with a legal or regulatory obligation.
10.2 Please see clause 19 to find out more about the types of lawful bases that we will rely on to process your personal data.
10.3 We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
10.4 We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

11 DESIGNATED CHARGING BAYS

11.1 What data is processed when you use a Designated Charging Bay?
11.1.1 When you use a Designated Charging Bay, your payment details will be processed by our third-party payment provider when you pay for Electric Vehicle Charging Services.
11.2 How is data collected?
11.2.1 Payment details are collected and processed by our third-party payment provider.
11.3 How will your data be processed and why?
11.3.1 The lawful bases for processing data are performance of a contract and legitimate interests.
11.3.2 When using a Designated Charging Bay, personal data is collected and processed for the purposes of:
11.3.2.1 our third-party payment provider processing payments made by you for Electric Vehicle Charging Services;
11.3.2.2 the provision of effective Electric Vehicle Charging Services;
11.3.2.3 the performance of our obligations under your agreement with us;
11.3.2.4 to improve customer experience;
11.3.2.5 providing data to the police and other security organisations to assist with the prevention and detection of crime (as appropriate); and
11.3.2.6 as part of the audit processes undertaken by any regulatory authorities.
11.3.3 Data may be processed at a destination outside the European Economic Area but we have implemented and ensured the safeguards required by Data Protection Laws.
11.4 Who do we share data with?
11.5 We may share data with the following organisations:
11.5.1 The other Evology companies, if you use Evology Services in a different country to that where you have registered an Evology account;
11.5.2 Car park management companies, to confirm details of your parking sessions;
11.5.3 Third-party payment providers, who process payments made by you;
11.5.4 Third-party service providers who assist us in the provision of the Evology Services and the operation of Our Sites, for example, user analytics, website hosting and email delivery;
11.5.5 The police or other security organisations, in order to prevent and detect crime;
11.5.6 Any supervisory or governmental authorities, or equivalent, where we are required to disclose the data in order to comply with applicable laws;
11.5.7 Third parties to whom we may choose to sell, transfer or merge parts of our businesses or our assets; and
11.5.8 Professional advisers, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

12 PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

Purpose/Activity	Type Of Data	Lawful Basis For Processing
To install the Evology Apps and register you as a new user	Identity Data Contact Data Financial Data Device Data	Your consent
To process purchases made on the Evology Websites and Evology Apps and deliver Evology Services including managing payments and collecting money owed to us	Identity Data Contact Data Financial Data Transaction Data Device Data Marketing and Communications Data Location Data	Your consent Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you including notifying you of changes to the Evology Websites, Evology Apps or the Evology Services	Identity Data Contact Data Financial Data Profile Data Marketing and Communications Data	Your consent Performance of a contract with you Necessary for our legitimate interests (to keep records updated and to analyse how customers use Evology products and / or the Evology Services) Necessary to comply with legal obligations (to inform you of any changes to the Evology Terms and Conditions)
To enable you to participate in a prize draw, competition or complete a survey	Identity Data Contact Data Device Data Profile Data Marketing and Communications Data	Your consent Performance of a contract with you Necessary for our legitimate interests (to analyse how customers use Evology products and / or the Evology Services and to develop them and grow our business)
To administer and protect our business and the Evology Apps including troubleshooting, data analysis and system testing	Identity Data Contact Data Device Data	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
To deliver content and advertisements to you To make recommendations to you about goods or services which may be of interest to you To measure and analyse the effectiveness of the advertising we serve you To monitor trends so we can improve the Evology Websites and Evology Apps	Identity Data Contact Data Device Data Content Data Profile Data Usage Data Marketing and Communications Data Location Data	Consent Necessary for our legitimate interests (to develop Evology products and / or the Evology Services and grow our business)

13 HOW YOU CAN WITHDRAW CONSENT

13.1 Once you provide consent, you may change your mind and withdraw consent at any time by contacting [email protected] but please note that this will not affect the lawfulness of any processing carried out before you withdraw your consent.

14 DISCLOSURES OF YOUR PERSONAL DATA

14.1 When you consent to providing us with your personal data, you are also consenting to us being able to share your personal data with the third parties set out below for the purposes set out in the table at clause 12 (Purposes for Which We Will Use Your Personal Data):
14.1.1 The other Evology companies, if you use Evology Services in a different country to that where you have registered an Evology account;
14.1.2 Car park management companies, to confirm details of your parking sessions;
14.1.3 Third-party payment providers, who process payments made by you;
14.1.4 Third-party service providers who assist us in the provision of the Evology Services and the operation of Our Sites, for example, user analytics, website hosting and email delivery;
14.1.5 The police or other security organisations, in order to prevent and detect crime;
14.1.6 Any supervisory or governmental authorities, or equivalent, where we are required to disclose the data in order to comply with applicable laws;
14.1.7 Third parties to whom we may choose to sell, transfer or merge parts of our businesses or our assets; and
14.1.8 Professional advisers, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

15 INTERNATIONAL TRANSFERS

15.1 In using the Evology App and / or Evology Websites, your data may be processed by Parkingeye Limited in the United Kingdom. The United Kingdom provides an adequate level of protection for personal data. We will monitor the status of the United Kingdom and ensure that adequate protection is in place to ensure the transfer of data outside the Member States of the European Union.
15.2 Whenever we transfer your personal data out of the EU, we ensure a similar degree of protection is afforded to it in accordance with applicable laws by ensuring at least one of the following safeguards is implemented:
15.2.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data; or
15.2.2 where we use certain service providers, we may use specific contracts approved by the EU and / or UK (as applicable) which give personal data the same protection it has in the EU and / or UK (as applicable).

16 DATA SECURITY

16.1 We look after your personal data by having security that is appropriate for its nature and the harm that might result from a breach of security. 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 Sites, 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. Those with whom we share data are also required to process your data in-line with contractual safeguards and Data Protection Laws.
16.2 With regard to each of your visits to Our Sites, we may automatically collect technical information, including the internet protocol address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, information about your visit including the full uniform resource locators click-stream to, through and from Our Sites (including date and time); products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page and any phone number used to call our customer service number. The information which we collect and store during normal use of Our Sites is used to monitor and analyse how parts of Our Sites are used.
16.3 All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or by our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
16.4 We will collect and store personal data on your Device using application data caches and browser web storage (including HTML5) or alternative mechanisms and other technology.
16.5 Certain Evology Services include social networking, chat room or forum features. Please ensure when using these features, that you do not submit any personal data that you do not want to be seen, collected or used by other users.
16.6 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

17 PAYMENT CARD DATA

17.1 When you register your payment card details on the Evology App, you accept that you will be redirected to a separately hosted web page of the payment processor and any personal data that you supply, via the payment processor, will be collected and processed by the payment processor only for making payment. Here you will provide your payment card number, expiry date and security code to the payment processor and we will be supplied (by the payment processor) with the status of the payment and the payment amount, e.g. “paid”, “£10” to enable us to allocate the payment made to your account.
17.2 We will only process information that you supply whilst registering payment card details via the payment processor and we will not be permitted access to this information, save for the status of the payment, the payment amount, the payment’s reference and the last four numbers of the payment card, and the expiry date of the payment card.
17.3 The payment processor facilitates payment card transactions that are carried out when redirected from the Evology App. The payment processor provides a payment facility only, via its own independent site. Accordingly, the payment transaction is solely between you and us, with the payment processor acting as the payment facilitator. All payments are processed in line with PCI compliance and your card details are not held or accessible by Evology.

18 DATA RETENTION

18.1 We will delete your Personal Data when it is no longer needed however there may be exceptions to this. By law, we have to keep basic information about our customers (including Contact Data, Identity Data, Financial Data and Transaction Data) for 6 years after they cease being customers for tax purposes.
18.2 In some circumstances you can ask us to delete your data: please see clause 20 (Your legal rights) below for further information.
18.3 In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
18.4 In the event that you do not use the Evology Apps for a period of 6 years then we will treat the account as expired and your personal data may be deleted, save where it must be retained by law.

19 LAWFUL BASES

19.1 “Consent” means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
19.2 “Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
19.3 “Performance of Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
19.4 “Comply with a Legal Obligation” means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

20 YOUR LEGAL RIGHTS

20.1 Under certain circumstances you have the following rights under Data Protection Laws in relation to your personal data:
20.1.1 Request access to your personal data – This is commonly known as a „data subject access request“ and enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. We are required to verify your identity before passing you information and we may contact you upon receipt of your request to clarify your request. We will be unable to process your request until we have all required information.
20.1.2 Request correction of the personal data that we hold about you – This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
20.1.3 Request erasure of your personal data – This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. The right to erasure is also known as “the right to be forgotten”. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
20.1.4 Object to processing of your personal data – Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
20.1.5 Request restriction of processing of your personal data – This enables you to ask us to suspend the processing of your personal data in the following scenarios:
20.1.5.1 if you want us to establish the data’s accuracy;
20.1.5.2 where our use of the data is unlawful but you do not want us to erase it;
20.1.5.3 where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
20.1.5.4 you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
20.1.6 Request the transfer of your personal data to you or to a third party – We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
20.1.7 Withdraw consent at any time where we are relying on consent to process your personal data – This will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
20.1.8 Rights relating to automated decision making, including profiling – Individuals have the right to be given information about such processing, request human intervention or challenge a decision. This right will only apply in certain circumstances.
20.2 You also have the right to ask us not to continue to process your personal data for marketing purposes.
20.3 You can exercise any of these rights at any time by contacting us using the contact details at clause 3 above.

21 DESCRIPTION OF CATEGORIES OF PERSONAL DATA

Identity Data:	Means your first name, last name, username or similar identifier and title.
Contact Data:	Means your billing address, delivery address, email address and telephone numbers.
Financial Data:	Means bank account and payment card details.
Transaction Data:	Means details about payments to and from you and details of purchases made on the Evology Websites and / or Evology Apps.
Device Data:	The type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting.
Content Data:	Means information stored on your Device which could include search and location history, login information, photos or other digital content and check-ins.
Profile Data:	Means your username and password, the purchase history on the Evology Apps, your interests, preferences, feedback and survey responses.
Usage Data:	Means details of your use of the Evology Apps or your visits to any of Our Sites including but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
Marketing and Communications Data:	Means your preferences in receiving marketing from us and our third parties and your communication preferences.
Location Data:	Means your current location disclosed by your Device and other technology.

22 DEFINITIONS AND INTERPRETATION

22.1 The following definitions apply in this Evology Privacy Policy:
22.2 “controller”: has the meaning given in the Data Protection Laws;
22.3 “payment processor“: means the payment processing services provider selected by Evology to provide the payment processing facility;
22.4 “processing”: has the meaning set out in the Data Protection Laws and “process” and “processed” shall be construed accordingly; and
22.5 “processor”: has the meaning given in the Data Protection Laws.
22.6 The meaning of any capitalised words or phrases not defined within this Evology Privacy Policy shall be set out in the Evology Terms and Conditions.‍

 

1 ABOUT US

1.1 Evology is transforming everyday journeys, making it easier for you to get from A to B and trying to do our bit to protect the planet in the process. We exist to make life easier. That could be giving you more choice on how to pay for your parking or making sure you have somewhere to charge your car.
1.2 Evology is a trading name of Parkingeye Limited and its subsidiaries. The party you contract with will depend upon which country you are based in when you create an account with us and / or which country you are located in when wishing to use our services.
The following companies form part of the Parkingeye group of companies that trade as Evology and will be contracting entities for the provision of Evology Services:

Country	Name of entity	Company number	Registered address
UK	Parkingeye Limited	5134454	40 Eaton Avenue, Buckshaw Village, Chorley, Lancashire, PR7 7NA
Germany	Parking Solutions Deutschland GmbH	HRB 262845	Münchner Straβe 24, 85774 Unterföhring, Deutschland
Denmark	Parking Solutions Danmark ApS	42325864	Slotsmarken 10-18, 2870 Horsholm, Danmark
Austria	Avantpark Parking Solutions Österreich GmbH	FN 580916p	5th Floor, ezone office building, Walcherstr. / Ernst Melchior Gasse 20-24, 1020 Vienna

Within these terms and conditions, all of the above contracting entities are referred to as “Evology”, “we”, “us” and “our”.
1.3 If you think the Evology Apps, the Evology Websites or the Evology Services are faulty or misdescribed or if you wish to contact us for any other reason, please contact Evology Customer Services by completing our contact form here.

2 YOUR AGREEMENT WITH US

2.1 These Evology Terms and Conditions, together with the Evology EULA, the Evology Privacy Policy, the Evology Cookie Policy and any other terms referred to within them govern your use of:
2.1.1 the Evology Apps;
2.1.2 the Evology Websites; and
2.1.3 any of the Evology Services as defined at clause 3 below,
(together, “Evology Terms of Use”), to the exclusion of any other terms and conditions. You acknowledge and agree that the Evology Terms of Use constitute the entire agreement between you and us relating to this subject matter, and any prior representations, understandings, agreements and/or commitments concerning this subject matter, regardless of whether they are oral or written, are terminated and superseded in their entirety and are therefore of no further force or effect.
2.2 Please read through these Evology Terms and Conditions carefully as they set out further rights and obligations that we have towards each other. We highly recommend that you save and keep a copy for your records. We reserve the right to change any of the Evology Terms of Use at any time.
2.3 You may only proceed to use the Evology Apps, the Evology Websites and/or the Evology Services if you are happy with and agree to, all of the Evology Terms of Use. If you are not happy with and do not agree to, all of the Evology Terms of Use, please do not use the Evology Apps, the Evology Websites or the Evology Services. By proceeding to register an account on or in any way make use of, the Evology Apps or the Evology Websites including but not limited to, accessing or browsing on them regardless of whether or not you purchase the Evology Services, you agree to be legally bound by the Evology Terms of Use. We may engage payment service providers and parking facility providers which you may have access to via their website or app when making use of the Evology Services, however despite this, any agreement entered into by you shall be with us directly, and the Evology Terms of Use form the basis of that agreement.
2.4 By creating an account with us and each time you purchase any of the Evology Services, you will be deemed to have accepted the Evology Terms of Use to the exclusion of any other terms and conditions, and at that point a contractual agreement will come into existence between you and us. If you use the Evology Services in a country different from that in which you created your account, you will also have a contract with the contracting entity in that country.
2.5 Please note that further terms and conditions may apply to the use of different functionality within the Evology Websites and for any separately hosted functionality.
2.6 Where the Evology Websites or Evology Apps contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
2.7 The Evology Services are not intended for use by people under the age of 18. Please inform Evology Customer Services immediately if anyone under this age is making use of the Evology Services by completing our contact form here. We will verify that information and disable the relevant account, if we consider it necessary.

3 EVOLOGY SERVICES

We are the provider of:

3.1 the following parking services designed for your convenience eliminating the need for you to search around for change, queue, access terminals or use payment kiosks and physically obtain a parking ticket:
3.1.1 “Evology Pay” – Enables you to pay for parking, even extend your stay at a Car Park, or at certain locations, pay for parking after you leave a Car Park; and
3.1.2 “Evology Pre-book” – Enables you to plan a stay by allowing you to find a Parking Space at a Car Park and pay for it in advance;
(together, being “Evology Parking”); and
3.2 “Evology Charging” – Enables you to charge your Electric Vehicle’s battery using electricity supplied from a Charge Point situated at a Designated Charging Bay,
(Evology Parking and Evology Charging together being, the “Evology Services”).

4 EVOLOGY ACCOUNT ACTIVATION AND REGISTRATION

4.1 To create an Evology account after downloading and installing the Evology Apps, some basic information will need to be provided to us about you. All such information must be true and you must not misrepresent your identity to us. Please rest assured that all information we retain about you will be processed in accordance with the Evology Privacy Policy.
4.2 When we have received the required information to set up your Evology account, in order to verify that we have received a valid email address, we will send you an activation email to the email address supplied. Please note that your Evology account will not be activated until you click on the link contained within that email.
4.3 Once your Evology account has been activated, you will be asked to provide further information necessary to enable you to make use of the Evology Services including your Vehicle registration and whether or not you wish to receive SMS notifications from us.
4.4 Until this information has been provided and submitted to us, your Evology account will not be registered and certain Evology Services may not work.
4.5 Your Evology account will remain open until you close it in accordance with clause 6 or we close it in accordance with these Evology Terms and Conditions, for example, if your Evology account contains false information.

5 EVOLOGY ACCOUNT ADMINISTRATION

5.1 You are solely responsible for maintaining the confidentiality of your Evology account username and password („Login Details“) and for restricting access to your computer to prevent unauthorised access to your Evology account. You must keep your Login Details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them. You must not disclose your Login Details to any other person or record your Login Details in any way that may result in them becoming known to another person. You should inform us immediately if you have any reason to believe that your Login Details have become known to anyone else, or if the Login Details are being, or are likely to be, used in an unauthorised manner.
5.2 You agree to accept responsibility for all activities and to be liable for all activities and transactions that occur on your Evology account made by any person you authorise to use your Evology account. We and the relevant Car Park Providers will consider such activities and transactions to be authorised by you.
5.3 If your Login Details are compromised or your phone or device is lost or stolen, or any Vehicle registered to your Evology account is stolen, your Evology account will continue to operate as normal until you report the disclosure, loss or theft to us. You should therefore report any disclosure, loss or theft to us immediately by completing our contact form here. If you fail to do so, you may suffer further loss which could have been avoided had you acted sooner. In such circumstances we may immediately restrict, suspend or close your Evology account upon finding out in order to mitigate your losses.
5.4 You must notify us if you are unable to access your Evology account to make any changes to your contact details including without limitation, a change of email address or telephone number, or Vehicle(s) registered to your Evology account.
5.5 You understand that it is your responsibility to keep your Evology account details accurate and up to date, specifically the Vehicle(s) registered to your Evology account. If you do not do so, you risk a failed payment and you must make alternative arrangements to pay for any Parking Tariffs with the Car Park Provider.
5.6 You understand that you will continue to be liable for all charges associated with the Vehicle(s) registered to your Evology account whether you are the Driver or not, if you have not removed the respective Vehicle from being registered to your Evology account.
5.7 We will contact you with updates about your Evology account using the email address given in your Evology account.
5.8 We reserve the right to suspend, withdraw, amend, or terminate operation of your Evology account either in whole or in part, at any time and we will use reasonable endeavours to provide prior notification to you of such events.
5.9 It is your responsibility to regularly check for email notifications from us and to ensure that emails from us are not sent to a junk mail folder.
5.10 Any changes relating to your Evology account will be notified to you via SMS or email no less than 30 days prior to such changes being implemented. If you do not agree to such changes, you should close your Evology account in accordance with clause 6.1 prior to such changes taking effect.

6 CLOSURE OF YOUR EVOLOGY ACCOUNT

6.1 You may close your Evology account any time by contacting us through your Evology account settings. Your cancellation will not become effective until we have notified you that your Evology account has been cancelled.
6.2 We may restrict, suspend or close your Evology account in the following circumstances:
6.2.1 as more particularly set out in clause 5.3;
6.2.2 if you or anyone associated with your Evology account is in breach of any of the provisions of the Evology Terms of Use;
6.2.3 if you or anyone associated with your Evology account or any Vehicle(s) registered to, your Evology account continually abuse or contravene the Car Park Terms and Conditions at any of the Car Parks;
6.2.4 if you fail to pay any Transaction Charges;
6.2.5 if we reasonably believe that you or anyone associated with your Evology account, your Evology account or the payment card registered to your Evology account poses a significant fraud or credit risk;
6.2.6 if you provide any information that we cannot verify;
6.2.7 if we reasonably suspect the payment card registered to your Evology account could be being used without authorisation including but not limited to, where the name on that payment card does not match the name of the Evology account holder or where there are any suspicious spending patterns;
6.2.8 if we reasonably suspect that you or anyone associated with your Evology account are disputing any charge made to the payment card registered to your Evology account (this is known as a “Chargeback”) disingenuously, in order to reverse the charge and have the payment returned; or
6.2.9 if you fail to pay any amounts due under your Evology account by the due date for payment.
6.3 Termination of your agreement with us shall not affect any of your or our rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of your agreement with us which existed at the date of termination.
6.4 Please note if we choose to restrict, suspend or close your Evology account, this does not limit or exclude any other remedies we may have if you breach the Evology Terms of Use.

7 UNAUTHORISED USE

7.1 If you are not the Evology account holder and do not have the permission of the Evology account holder, the owner of the relevant Vehicle registered to an Evology account or the Driver who will be using the relevant Vehicle registered to an Evology account, please do not proceed to use the Evology Services.
7.2 If you are using the Evology account for and on the behalf of any other person, you must have their permission to provide their personal information, make an application, complete/view transactions in their name and view details of payments made in respect of Parking Instances where you were not the Driver.

8 VEHICLES

For each Vehicle registered by you with Evology, you confirm that you are either:
8.1 the Driver; or
8.2 have the permission of the Driver to receive their information,
in respect of each Parking Instance.

9 CAR PARKS

9.1 The Car Parks on Evology are owned or managed by third parties (“Car Park Providers”) with whom we have a contractual relationship, not by us. It is the Car Park Providers that make their Car Parks available to you via the Evology Platform. We own and operate the Evology Platform.
9.2 Please carefully read the Car Park Terms and Conditions upon entering a Car Park as they vary from Car Park to Car Park, and ensure you abide by them including without limitation, the payment of any Parking Tariffs in accordance with any signage. Parking Tariffs are not set by us but by the Car Park Providers.
9.3 The Car Park Terms and Conditions form the basis of your contract with the Car Park Provider (“Parking Contract”). Evology is not a party to any Parking Contract; we and any payment processor only facilitate payments of Parking Tariffs to Car Park Providers due under a Parking Contract.
9.4 If you are in breach of or otherwise fail to comply with, the Car Park Terms and Conditions which apply at a Car Park, you will be breaching the terms of your Parking Contract and may face enforcement action. Each Car Park Provider is ultimately responsible for dealing with any claims or other issues arising out of any Parking Contract entered into with it.
9.5 The location of Car Parks near to your location are provided as general guidance only. You should always check the signage at the Car Parks and confirm the actual location and availability prior to making payment, where possible.
9.6 In the event of any conflict between any information provided by the Evology Apps or the Evology Websites and the Car Park Terms and Conditions at any Car Park including on any signage, the latter shall prevail.
9.7 It is your sole responsibility to ensure you:
9.7.1 enter the location number correctly;
9.7.2 enter your Vehicle registration correctly;
9.7.3 enter your payment and any other required details correctly;
9.7.4 where applicable, have properly and fully activated the Parking Instance before leaving any Vehicle registered to your Evology account unattended at any Car Park; and
9.7.5 verify the Parking Tariffs applicable at any Car Park to a Parking Instance before making payment,
and, should you fail to do so, we shall not be liable for any enforcement action taken against you for breaching a Parking Contract due to your failure to adhere to any Car Park Terms and Conditions.
9.8 We are not responsible for maintaining the surface or any property at any Car Park, other than any equipment that is owned by us. We are also not responsible for any events that occur at any Car Park except where caused by us or our equipment. We therefore cannot warrant that any particular Car Park is suitable for you or your Vehicle’s requirements. You agree to take all reasonable measures when choosing a Car Park and do so at your own risk.
9.9 Your Vehicle shall be parked in the Car Parks at your own risk. We are not responsible for ensuring and in no way guarantee that, any Car Park is a secure environment and we are not liable for any loss or damage to your Vehicle or any possessions within it.
9.10 Where our equipment in any Car Park is damaged by you or your Vehicle, we will seek to recover the costs of repair and any other associated costs from you.
9.11 You understand that we cannot guarantee you a Parking Space at any Car Park.
9.12 We reserve the right to amend or remove the availability of any of the Car Parks on the Evology Apps and the Evology Websites without notice.

10 PAYMENT

10.1 You are responsible for all applicable charges, fees and taxes arising from or in connection with, your use of the Evology Services including, without limitation, those of any payment provider of any method of payment that you use to pay for Evology Services. You will need to adhere to the terms and conditions of any such payment provider in order to use their method of payment.
10.2 You are required to pay any applicable Transaction Fee for each Parking Instance when using Evology Parking, in addition to the Parking Tariff and any SMS Notification Fees applicable where you choose to receive SMS notifications from us. For example, if you want to receive an SMS receipt and/or for us to send you a reminder by SMS when your Parking Period is about to expire (the Transaction Fee, the Parking Tariff and any SMS Notification Fees together being, the “Transaction Charges”). An itemised breakdown of the payment required for each Parking Instance shall be displayed to you before making payment including any applicable VAT.
10.3 The cost borne by you for parking is dependent on a number of varying factors such as the costs imposed by any payment processor, the Parking Tariffs required by each Car Park Provider, the location of a Car Park, whether your chosen Parking Instance is during on-peak or off-peak hours, the availability of any discounts or the occurrence of any promotions, amongst other things. The cost of parking may therefore vary from time to time and is not within our control. You appreciate and understand that the Evology Apps and the Evology Websites are, whilst updated regularly, not updated in real time and there may be some delay to reflect any such variations.
10.4 You are also solely responsible for all applicable, charges, fees, costs and taxes you incur arising from or in connection with, use of any mobile phone and/or handheld device used by you to access the Evology Apps, the Evology Websites and/or the Evology Services including without limitation, all call, SMS and data tariffs whether or not your usage remains within the limits of any allowances permitted by your service provider.
10.5 The Evology Websites and Evology Apps allow you to make payment using different currencies. It is your responsibility to select the most appropriate currency for you and we accept no responsibility or liability for any additional costs or charges you may incur as a result of making payment to us through your choice of currency.

11 COMPLAINTS AND REFUNDS

11.1 If you genuinely dispute any charge made to the payment card registered to your Evology account, for example because you are certain that you have been charged in error, please contact Evology Customer Services by completing our contact form here as soon as possible, making sure you include the following information:
11.1.1 your first name, surname, and the username and email address registered to your Evology account;
11.1.2 details of the disputed transaction including any disputed amount;
11.1.3 the reason(s) why you dispute it; and
11.1.4 any relevant documentation such as receipts or photographs.
Any complaints or claims in respect of disputed charges or transactions must be brought within 14 days of the relevant Parking Instance.
11.2 Any refund issued, whether following a successful claim under clause 11.1 or in respect of Evology Pre-book under clause 15.4 or clause 15.5.1.1, may take up to 5 working days to arrive in the account of the payment card you used to make the original payment.
11.3 If you experience any problems at a Car Park, we may, should we consider it appropriate, put you in touch with the relevant Car Park Provider as all disputes with Car Park Providers should be resolved by exhausting their complaints procedures in the first instance.
11.4 If you experience any problems with the Evology Platform, please contact Evology Customer Services by completing our contact form here as soon as possible and we will do what we can to help.

12 QUALITY AND AVAILABILITY

12.1 Subject to the remaining provisions of this clause 12 and clause 22, we warrant that the Evology Services shall be performed with reasonable care and skill and in accordance with all applicable law.
12.2 The Evology Services are provided to you on an “as is” basis for general use by all of our customers. The information on the Evology Apps and/or the Evology Websites has been included in good faith but is for general information only and should not be relied on for any specific purpose. No representation or warranty is given as regards to the accuracy of the information on the Evology Apps or the Evology Websites and there shall be no liability, except where this cannot be limited by law, for any loss, damage or expense arising in contract, tort or otherwise out of any reliance on information contained on the Evology Apps or the Evology Websites, access to, use of or inability to use, the Evology Apps or the Evology Websites or in respect of your Evology account. You agree that your use of the Evology Apps, the Evology Websites and the Evology Services is at your own risk.
12.3 We will make all reasonable attempts to ensure the availability of the Evology Apps, the Evology Websites and the Evology Services. Please note, we cannot guarantee that your use of the Evology Apps, the Evology Websites and/or the Evology Services will be uninterrupted or error-free. For example, if there is a problem with the internet connection, if a power cut occurs whilst you are using a Charge Point or in the unlikely event of a System Failure.
12.4 You acknowledge and accept that our software may, from time to time, be subject to limitations, delays and other problems inherent in the use of such technology including but not limited to, Vulnerabilities and Viruses maliciously inflicted or otherwise. We will make all reasonable attempts to prohibit Vulnerabilities and Viruses from the Evology Apps, the Evology Websites, the Evology Services and any electronic communications but cannot guarantee this. You agree to download or access information at your own risk and should take appropriate steps to prevent damage to your systems.
12.5 We may also have to suspend or restrict use of the Evology Apps, the Evology Websites and/or the Evology Services to:
12.5.1 deal with technical problems or make minor technical changes;
12.5.2 allow for repairs/maintenance;
12.5.3 update them where necessary, to reflect changes in relevant laws and regulatory requirements,
12.5.4 make changes in order to introduce new facilities, features or services or otherwise,
however, we will make all reasonable attempts to limit the frequency and duration of any disruption to you.
12.6 We reserve the right to change or withdraw any of the Evology Services at any time in future.
12.7 Except as expressly and specifically provided in these Evology Terms and Conditions, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from your agreement with us.

13 YOUR OBLIGATIONS

13.1 You must:
13.1.1 provide us with such information as we may reasonably require in order to supply Evology Services and ensure that it is accurate, up-to-date and complete; and
13.1.2 co-operate with us in all matters relating to the Evology Services.
13.2 You confirm that you will not use the Evology Apps or the Evology Websites for any unlawful purpose including:
13.2.1 posting material containing any virus or interfere with the operation of the Evology Apps and/or the Evology Websites;
13.2.2 attempting to decipher, or modify any of the software, coding or information comprised in the Evology Apps or the Evology Websites;
13.2.3 providing false, inaccurate or misleading information;
13.2.4 breaching any applicable laws, regulations, licences or third party rights; or
13.2.5 purposely intercepting, accessing without authority or expropriating any system, data or personal information, other than in accordance with Data Protection Laws.
13.3 It is your responsibility to ensure the safety of your Vehicle and any items stored in your Vehicle, each time you visit a Car Park.
13.4 You must also fulfil the following obligations:
13.4.1 obtain and maintain all necessary licences, permissions and consents required for your Vehicle and for you to lawfully operate your Vehicle;
13.4.2 to ensure that your Vehicle is parked wholly in the Parking Space without obstructing any adjoining or nearby Parking Spaces, other vehicles or property;
13.4.3 not to park your Vehicle in a Parking Space designated for a specific purpose when you are not entitled to do so such as parking in a space designated for disabled persons without displaying an appropriate disability badge;
13.4.4 not to do anything or permit anything to be done in a Car Park which is or may become a nuisance, damage, annoyance, inconvenience or disturbance to any person;
13.4.5 not to conduct any illegal, business or commercial activity in or from, a Car Park; and
13.4.6 not to use a Parking Space for any purpose other than for parking.
13.5 You must also comply with the additional obligations set out in clause 14.1 when using Evology Charging and clause 15.1 when using Evology Pre-book.

14 EVOLOGY CHARGING

This section of these Evology Terms and Conditions applies to you when you use a Charge Point on a “pay as you go” ad-hoc basis as an individual consumer and not as a member of any particular organisation, group or business.
14.1 Your Additional Obligations
In addition to the obligations at 13, you must also fulfil the following obligations when using Evology Charging:
14.1.1 ensure your Electric Vehicle is compatible for use with a Charge Point before attempting to connect (we do not warrant that Evology Charging will meet your Electric Vehicle’s specific requirements or produce any particular result; it is your sole responsibility to check with your Electric Vehicle manufacturer as to whether or not your Electric Vehicle is compatible for use with the Charge Point);
14.1.2 use the Charge Points and all other equipment located at the Designated Charging Bays safely and responsibly and in accordance with our instructions;
14.1.3 only park in a Designated Charging Bay for such time that you actually use a Charge Point to charge your Electric Vehicle and immediately remove your Electric Vehicle from the Designated Charging Bay as soon as you have finished charging;
14.1.4 comply with all parking restrictions applicable at the Designated Charging Bays; and
14.1.5 ensure that you do not obstruct or unnecessarily delay others from using Evology Charging.
14.2 Payment
14.2.1 In consideration for Evology providing Evology Charging to you, you shall pay the EV Charges to Evology using the EV Card Payment System which shall include:
14.2.1.1 any card payment fees and transaction fees; and
14.2.1.2 where applicable, any taxes, which shall be separately itemised.
14.2.2 The display on the Charge Point will let you know the value of the EV Charges when you have finished charging your Electric Vehicle.
14.2.3 Please note, once you have actioned payment, it can take up to 72 hours for the EV Charges to be withdrawn or to be reflected as withdrawn, from your credit or debit account.
14.2.4 Receipts are available by scanning the QR Code at each Charge Point or through the Evology Charging app including on www.evologyparking.com/charging.

15 EVOLOGY PRE-BOOK

This section of these Evology Terms and Conditions applies to you when you use Evology Pre-book.
15.1 Your Additional Obligations
In addition to the obligations at clause 13, you must also fulfil the following obligations when using Evology Pre-book:
15.1.1 to only use the Booked Car Park during the pre-booked Parking Period;
15.1.2 to only park the Vehicle identified in the Booking; and
15.1.3 not to resell or transfer, or attempt to resell or transfer, any booking (in whole or in part).
15.2 The Pre-booking Process
15.2.1 Using Evology Pre-book, you will be able to select the time and date you would like to park within a particular location. Based on these preferences, Evology will detail the Car Parks available (if any) in which a Parking Space can be booked, together with the cost of booking a Parking Space in that Car Park. Parking Spaces are subject to availability at all times.
15.2.2 To place a Booking Order with us, you will then need to:
15.2.2.1 select the Car Park you would like to park in;
15.2.2.2 confirm the registration number of the Vehicle you will use to enter the Car Park; and
15.2.2.3 make payment by one of the offered methods.
15.2.3 All Booking Orders are subject to acceptance by us, and we will confirm our acceptance of your Booking Order by sending you a Booking Confirmation Email which will confirm the details of your Booked Car Park and your pre-booked Parking Period. Your Booking will also be saved by Evology.
15.2.4 In the event we are not able to accept your Booking Order, for whatever reason, any payment made by you in respect of that Booking Order will be refunded in its entirety.
15.2.5 Please ensure you check the details you provide in your Booking Order are correct before you place your Booking Order as we offer no guarantee that we are able to rectify mistakes afterwards. Please be aware that many of the Car Parks use automatic number plate recognition (“ANPR”) and as such please ensure your Vehicle registration number is accurately entered at the time you place a Booking Order.
15.2.6 The price you pay is:
15.2.6.1 the price accepted and confirmed to you in the Booking Confirmation Email; and
15.2.6.2 fixed for the duration of the pre-booked Parking Period.
15.2.7 The Booking is valid for a single entry and exit during the pre-booked Parking Period only.
15.3 Your Booking
15.3.1 Once you have submitted your Booking Order and received your Booking Confirmation Email, your Booking:
15.3.1.1 cannot be transferred to another person;
15.3.1.2 cannot be used to park in any Car Park other than the Booked Car Park;
15.3.1.3 only permits you to park in the Booked Car Park during the pre-booked Parking Period; and
15.3.1.4 will be for the price stated at the time you placed your Booking Order.
15.3.2 When you enter and leave the Booked Car Park, your Vehicle registration number will be read by ANPR cameras. You do not need to take any steps to register your Vehicle at the Booked Car Park unless otherwise advised.
15.3.3 Your Booking entitles you to a Parking Space but does not entitle you to any individual or reserved Parking Space. You should park in any available Parking Space unless otherwise directed.
15.3.4 Your Booking is only valid for the Vehicle registration number provided at the time you placed your Booking Order. In the event you can no longer travel to the Booked Car Park in this Vehicle and wish to change the Vehicle registered to your Booking, please contact Evology Customer Services by completing our contact form here. We cannot guarantee that we will be able to change this but we will take reasonable steps to do so, where possible, provided that you provide at least 24 hours’ notice prior to the commencement of the pre-booked Parking Period.
15.3.5 If you park in the Booked Car Park in a Vehicle different to the Vehicle detailed on your Booking or you remain in the Booked Car Park for longer than the pre-booked Parking Period, you will be in breach of the Car Park Terms and Conditions and the provisions of clause 9.4 shall apply.
15.4 Unavailability of a Booked Car Park
There may be some circumstances where Car Park Providers are unable to provide you with a Parking Space during the pre-booked Parking Period in the Booked Car Park due to operational reasons, if a Car Park is full or due to circumstances beyond our reasonable control (including acts of God, war, national emergency, governmental action, civil unrest, fire, flood, epidemic/pandemic, strikes or other labour disputes). In those circumstances, please contact Evology Customer Services by completing our contact form here and request a refund. We reserve the right to cancel your Booking after checking the ANPR and other cameras, together with the occupancy levels in the relevant Car Park. In the event that we cancel your Booking for any reason, we shall refund any money that you have paid, and this shall be your only remedy in relation to your Booking.
15.5 Cancellation of Your Booking
15.5.1 You are entitled to cancel your Booking at any time through the Evology Parking app. Whether you are entitled to receive a refund of any payment you have made to us will depend on when you cancel your Booking:
15.5.1.1 if you cancel your Booking at least 24 hours prior to the start of the pre-booked Parking Period, you will be entitled to a refund of the amount paid for parking, less any Transaction Charges; or
15.5.1.2 if you cancel your Booking less than 24 hours prior to the start of the pre-booked Parking Period, you will not be entitled to any refund.
15.5.2 If you fail to cancel your Booking by notifying us in accordance with clause 15.5.1, you will be liable for the full cost of the Booking and will not receive any refund, regardless of whether you parked in the Booked Car Park for any period of time within the pre-booked Parking Period.
15.6 Consumer Cooling-off Period
THIS CLAUSE 15.6 ONLY APPLIES IF YOU ARE A CONSUMER
15.6.1 If you are a consumer and purchase certain services online, you may have a legal right to cancel a contract during the period that is 14 days from the date that you place your Booking Order (“Cooling-off Period”).
15.6.2 Should you choose to exercise this right, you must complete the Contact Us form, or otherwise inform us in writing by way of a clear statement of your wish to withdraw from the contract, which must be received by us prior to the expiry of the Cooling-off Period.
15.6.3 Upon receipt of such clear statement/completed form, we shall reimburse you for the cost of your Booking, less any Transaction Charges we have incurred, on the same means of payment as you used for the initial Booking, unless you expressly agree otherwise.
15.6.4 Where your Booking shall take place prior to the expiry of the Cooling-off Period, you expressly request that we fulfil that Booking, in which case you waive your rights under this clause 15.6. You also agree that should we have performed or started performance of your agreement with us at your request, you waive your right to cancel the contract under this clause 15.6.

16 USE OF ELECTRONIC COMMUNICATIONS

When you use the Evology Apps or the Evology Websites or send e-mails, text messages or other communications to us, you are communicating with us electronically. We, our agents and sub-contractors, will communicate with you electronically in a variety of ways, such as by e-mail or by posting e-mail messages or communications on the Evology Apps, the Evology Websites or via SMS messaging facility. For contractual purposes, you consent to receiving communications from us, our agents or sub-contractors electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

17 MARKETING AND PROMOTIONAL PREFERENCES

17.1 If, as part of your Evology account registration, you have consented to receive marketing communications, we may send you administrative and promotional messages by your selected method (in-app, email, SMS, telephone and/or post). We may also send you information regarding your Evology account activity and transactions, as well as updates about the Evology Apps, the Evology Websites, the Evology Services and other promotional offers.
17.2 You can opt-out of our marketing communications at any time by changing the marketing preferences on your Evology account. Additionally, you may opt-out of promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence and in respect of SMS messaging you may follow the unsubscribe instructions provided in each SMS.

18 INTELLECTUAL PROPERTY RIGHTS

18.1 All content included in or made available through the Evology Apps, the Evology Websites or as part of any communications from or with us in respect of a Evology account such as text, graphics, logos, button icons, images and data compilations is the property of us or content providers and is protected by copyright and any other intellectual property rights subsisting in it, save where expressly stated. The copying or reproduction of the whole of any part of the Evology Apps, the Evology Websites or any communications from us to an Evology account holder in any form, including electronic media, is expressly prohibited.
18.2 You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in the Evology Apps, the Evology Websites and the Evology Services and we retain all such Intellectual Property Rights including without limitation, in respect of the Charge Points and EV Card Payment Systems. This includes any developments, derivatives, enhancements, updates, new versions, modifications or otherwise, even if these were based upon your recommendations. Save to any extent set out in these Evology Terms and Conditions, you shall have no implied or express right to the ownership of any Intellectual Property Rights in the Evology Apps, the Evology Websites or the Evology Services.
18.3 You may download or copy your own personal account information for your own personal use only and use any interactive features on the Evology Apps and the Evology Websites.
18.4 We shall grant to you a limited, non-transferable, non-exclusive, revocable licence to use the Intellectual Property Rights in the Evology Apps, the Evology Websites and the Evology Services to the extent required to enable you to make personal use of the Evology Services in accordance with the Evology Terms of Use only. This licence shall be conditional upon you not, either directly or indirectly via any other person, doing any of the following:
18.4.1 using the Evology Apps, the Evology Websites and/or the Evology Services for any commercial or re-sale purpose;
18.4.2 collecting, copying, reproducing, storing or providing to any third party any content or prices on the Evology Apps or the Evology Websites;
18.4.3 sharing, transferring, sublicensing, leasing, renting, selling, distributing or otherwise exploiting the Evology Apps, the Evology Websites, the Evology Services and/or any of your rights under these Evology Terms and Conditions;
18.4.4 creating any derivatives based upon the Evology Apps, the Evology Websites, the Evology Services or their contents without our prior written consent;
18.4.5 attempting to discover and/or access the underlying source code and/or algorithms of the Evology Apps, the Evology Websites and/or Evology Services or any part or component thereof for any purpose;
18.4.6 using any data gathering and extraction tools including without limitation, robots or data mining;
18.4.7 modifying, adapting, translating, copying, duplicating, disassembling, decompiling, reverse assembling, reverse compiling, reverse engineering or taking any similar course of action with respect to the Evology Apps, the Evology Websites and/or the Evology Services or any part or component thereof for any purpose; or
18.4.8 otherwise contravening any other provisions of the Evology Terms of Use,
and your licence shall automatically terminate upon any unauthorised use by you in breach of this clause 18.4.
18.5 Evology confirms that it has all the rights in relation to the Evology Apps, the Evology Websites and the Evology Services that are necessary to grant all the rights it purports to grant to you under, and in accordance with, the Evology Terms of Use.
18.6 Please note, if you infringe any of the Intellectual Property Rights in the Evology Apps, the Evology Websites or the Evology Services, you shall be liable for any damages that result from such infringement.
18.7 Save to any extent not permitted by law, you grant to us a perpetual and irrevocable right to use any communications posted by you publicly on the Evology Apps or the Evology Websites immediately upon transmission including but not limited to, any text, pictures, audio clips, videos, graphics and/or other material.
18.8 Our Intellectual Property Rights in the Evology Apps, the Evology Websites and/or the Evology Services may not be used:
18.8.1 in association with any third party brands, products or services;
18.8.2 be misrepresented in any way that could mislead the public; or
18.8.3 in any way that may damage Evology’s reputation and/or brand.

19 DATA PROTECTION

19.1 We are committed to protecting your privacy. We will only collect, store and use your personal information in accordance with Data Protection Laws which may include disclosure of your personal information to third parties from time to time such as prudently selected merchant affiliates and service suppliers (e.g. payment processors) that help us to provide the Evology Services to you.
19.2 For further information, please review the Evology Privacy Policy which sets out our commitment to maintaining and protecting your personal information. You agree to us using your personal information in accordance with the Evology Privacy Policy.

20 COMMUNICATIONS

Certain laws require that some communications or information we send to you should be in writing. By providing us with your email address, you agree to this electronic means of communication, and you acknowledge and agree that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communication be in writing. You must send any notices required to be given by you in writing and to our registered office address, details of which are set out above.

21 YOUR LEGAL RIGHTS

Nothing in these Terms and Conditions shall take away or modify any of your legal rights or entitlements.

22 LIMITATION OF LIABILITY

22.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so including for:
22.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
22.1.2 fraud or fraudulent misrepresentation of our employees, agents or subcontractors;
22.1.3 breach of any mandatory legal rights given to you as a consumer, which cannot be contracted out of by law including our obligation to perform the Evology Services in accordance with clause 12.1; or
22.1.4 to any other extent not permitted by law.
22.2 Subject to clause 22.1 and to the fullest extent permitted by law, we shall not, and our agents and sub-contractors shall not, be responsible for any loss or damage that:
22.2.1 was not foreseeable (loss or damage is foreseeable if either it is obvious that it will happen or if at the time the contract was made, both we and you knew it might happen);
22.2.2 is a result of any delay or failure to comply with our obligations where such delay or failure arises from any cause which is beyond our, and that of our employees, agents and/or sub-contractors’ reasonable control (if there is a risk of substantial delay, you may cancel the Evology Services that you have already paid for but not received and receive a full refund); and
22.2.3 is not caused by any breach on our part or that of our employees, agents or sub-contractors including without limitation, where it is a result of:
22.2.3.1 your failure to abide by or fulfil your obligations under, the Evology Terms of Use;
22.2.3.2 your failure or inability to use the Evology Apps, the Evology Websites and/or the Evology Services correctly or follow our instructions including without limitation, when connecting or disconnecting to a Charge Point and undercharging or overcharging your Electric Vehicle when using Evology Charging;
22.2.3.3 any errors or omissions in any information, instructions or documentation provided by you to us;
22.2.3.4 any actions taken by us at your insistence or direction;
22.2.3.5 your failure to comply with applicable law; or
22.2.3.6 property damage caused by you or your Vehicle.
22.3 THIS CLAUSE 22.3 ONLY APPLIES IF YOU ARE NOT A CONSUMER
Subject to clause 22.1, to the fullest extent permitted by law, we shall not and our employees, agents and sub-contractors shall not, be responsible for any business loss or damage including without limitation, for any special, indirect or consequential loss, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of contracts, loss of anticipated savings, loss of enjoyment, loss of data, loss of goodwill or for any wasted expenditure.

23 INDEMNIFICATION

You agree to fully reimburse us, in respect of all losses, actions, claims, demands, liabilities and reasonable costs and expenses suffered or incurred by us, as a result of:
23.1 your failure to abide by or fulfil your obligations under, the Evology Terms of Use;
23.2 your failure or inability to use the Evology Apps, the Evology Websites and/or the Evology Services correctly or follow our instructions including without limitation, when connecting or disconnecting to a Charge Point when using Evology Charging;
23.3 any errors or omissions in any information, instructions or documentation provided by you to us, any payment processor or Car Park Provider;
23.4 any actions taken by us at your insistence or direction;
23.5 your failure to comply with applicable law;
23.6 property damage caused by you or your Vehicle(s); and
23.7 your infringement of any of our or anyone else’s Intellectual Property Rights.

24 VARIATION

24.1 Evology reserves the right to vary the terms of these Evology Terms and Conditions at any time.
24.2 Nothing said or done by any of our representatives is capable of varying these Evology Terms and Conditions.

25 WAIVER

25.1 If we fail at any time during the term of your agreement with us, to insist upon strict performance of any of your obligations under your agreement with us or any of these Evology Terms and Conditions, or if we fail to exercise any of the rights to which we are entitled under your agreement with us or any of these Evology Terms and Conditions, this shall not constitute a waiver of our rights or remedies and shall not relieve you from compliance with your obligations.
25.2 A waiver by us of any default by you shall not constitute a waiver of any subsequent default by you of your obligations.

26 SEVERANCE

If any of these Evology Terms and Conditions (or any provision of your agreement with us) is found by a competent authority to be invalid, unenforceable or illegal, such term shall, to the extent that it is unenforceable, invalid or unlawful, be severed from the remaining terms and conditions, which shall continue to be valid to the fullest extent permitted by law.

27 RIGHTS OF THIRD PARTIES

A person who is not a party to your agreement with us may not enforce any of its terms.

28 ASSIGNMENT

28.1 You shall not be entitled to assign, transfer or sub-licence your rights under your agreement with us. We shall be entitled to assign, transfer or sub-licence our rights under this agreement at any time.

29 INSURANCE

Please note, we shall ensure public liability insurance cover remains in place during the term of your agreement with us with a limit of at least £1 million in respect of any one claim.

30 ENTIRE AGREEMENT

THIS CLAUSE 30 DOES NOT APPLY IF YOU ARE A CONSUMER

30.1 These Evology Terms and Conditions and any document expressly referred to in them, constitute the entire understanding between us in relation to their subject matter.
30.2 We each acknowledge and agree that, in entering into your agreement with us, neither of us has relied on any warranty or representation given by the other or implied from anything said or written in negotiations between us prior to entering into such agreement except as expressly set out in these Evology Terms and Conditions or any document expressly referred to in them.

31 GOVERNING LAW AND JURISDICTION

Your agreement with us will be governed by, construed and interpreted in accordance with the laws of the country of the Evology entity you have contracted with and / or have an account with, excluding the application of conflict of law principles. In respect of Parkingeye Limited, this shall be England. For Parking Solutions Deutschland GmbH, this shall be Germany, for Parking Solutions Danmark ApS, this shall be Denmark and for Avantpark Parking Solutions Österreich GmbH, it shall be Austria. If you are a consumer, you have the right to bring court proceedings in the courts of the country in which you are domiciled.

32 DEFINITIONS AND INTERPRETATION

32.1 The following definitions and rules of interpretation apply in these Evology Terms and Conditions:
“Booked Car Park”: means the Car Park specified in your Booking and to which the Booking relates;
“Booking”: means a booking for parking at a Car Park via Evology Pre-book;
“Booking Confirmation Email”: means the email sent to you confirming your Booking;
“Booking Order”: means an order for a Booking;
“Car Park”: means any parking facility managed by us for the parking of Vehicles;
“Car Park Provider”: has the meaning in clause 9.1;
“Car Park Terms and Conditions”: means the terms and conditions of parking which apply at a Car Park, which may differ from Car Park to Car Park;
“Charge Point”: means our equipment with the capability and functionality to charge your Electric Vehicle’s battery with electricity;
“Data Protection Laws”: means all applicable data protection and privacy legislation in force from time to time in the jurisdiction of the contracting Evology entity, including all legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by a relevant regulatory authority and applicable to a party;
“Designated Charging Bay”: means the Parking Space allocated to you in order to enable you to park your Electric Vehicle and make use of Evology Charging;
“Driver”: means the driver of a Vehicle, who enters into a Parking Contract with the Car Park Provider;
„Electric Vehicle“: means a vehicle, which is constructed to carry up to 8 passengers powered either partly or fully by an electric motor;
“EV Card Payment System”: means the point-of-sale payment machine installed at or in the Charge Point that is used by you to pay us by payment card for Evology Charging;
“EV Charges”: means the charges incurred by you for making use of the Charge Points;
„Evology Apps“: means the Evology application software including without limitation the Evology Charging app and the Evology Parking app;
„Evology Charging“: has the meaning set out in clause 3.2;
„Evology EULA“: means the Evology End User Licence Agreement;
„Evology Parking“: has the meaning set out in clause 3.1;
„Evology Pay“: has the meaning set out in clause 3.1.1;
„Evology Platform“: means the Evology Apps and the Evology Websites;
„Evology Pre-book“: has the meaning set out in clause 15;
„Evology Services“: has the meaning set out in clause 3;
“Evology Terms of Use”: has the meaning set out in clause 2.1;
“Evology Websites”: means www.evologyparking.com, www.evologypay.de, www.evologypay.at, www.evologypay.dk and all sub-domains or as notified to you on registration and thereafter from time to time;
“Intellectual Property Rights”: means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
„Login Details“: has the meaning set out in clause 5.1;
“our representatives”: means any of our officers, employees or agents (acting in the course of business and within the scope of their duties towards us);
“Parking Contract”: has the meaning in clause 9.3;
“Parking Instance”: means the specific details of an individual Parking Contract;
“Parking Period”: means the date on which, and the period of time within which, you are entitled to park;
“Parking Tariff”: means the tariffs payable by an Evology account holder in order to park at a Car Park which is payable to the Car Park Provider in accordance with a Parking Contract;
“Parking Space”: means a parking space in a Car Park;
“SMS”: means a text message sent by us to you relating to your Evology account;
“SMS Notification Fee”: means the fee charged for each SMS sent by us to you as more particularly set out at the time you opt-in and thereafter, as notified to you in accordance with clause 5.10, should it vary from time to time;
“System Failure”: means the failure by our systems to deliver any of the Evology Services,;
“Transaction Charges”: has the meaning set out in clause 10.2;
“Transaction Fee”: means the cost of processing a transaction on Evology Parking;
“Vehicle”: means a vehicle which is constructed to carry up to 8 passengers including without limitation, any Electric Vehicle;
“Virus”: means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
“Vulnerability”: means a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability and “Vulnerabilities” shall be construed accordingly; and
32.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
32.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
32.4 A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that legislation or legislative provision.
32.5 Clause headings shall not affect the interpretation of your agreement with us.
32.6 Any obligation on you not to do something includes an obligation not to allow that thing to be done.
32.7 A reference to writing or written includes email. ‍