Terms & conditions

1. Information About Us

Parking Solutions Danmark ApS trading as Evology, is a company registered in Denmark with company number 42325864 whose registered office address is at Slotsmarken 10, 2970 Horsholm, Denmark (“Evology”, “we”, “us” and “our”).

2. Contact Us

If you think Evology Permit is faulty or misdescribed or wish to contact us for any other reason, please contact Evology Customer Services.

3. Your Agreement with Us

3.1       These Evology Permit Terms and Conditions together with the Evology Privacy Policy govern your use of Evology Permit (as defined in clause 4 below). Your use of Evology App and/or Evology Portal is also governed by an  End-User Licence Agreement and any other terms referred to within this shall govern your use  your use of the Evology App and/or the Evology Portal, as well as your use of Evology Permit (all as defined in clause 4 below).

3.2       Please read through these Evology Permit 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.

3.3       By using the Evology App and/or Evology Portal and/or Evology Permit, you agree that you will be bound by these Terms and Conditions, the Evology Privacy Policy and the EULA.

4. Definitions

“Car Park” means any parking facility managed by us for the parking of Vehicles;

“Car Park Terms and Conditions” means the terms and conditions of parking which apply at a particular Car Park;

“Data Protection Laws” means any applicable laws relating to the processing, privacy and use of personal data including under the General Data Protection Regulations;

“Evology App” means Evology’s software application available to download from Apple or Android application stores;

“Evology Portal” means Evology’s cloud-based software used for managing your Permit Account;

“Evology Permit” means our service which enables you to submit a Permit Application and manage your Permit Account using the Evology App and/or Evology Portal;

“Fixed Permit” means Permits granted for parking on an indefinite basis;

“Location Code” means the unique code applicable to a Permit Car Park in respect of which Permit Applications can be made.

“our representative” means any of our offices, employees and agents (acting in the course of business and within the scope of their duties towards us;

“Parking Charge” means a charge you are required to pay for breaching the Car Park Terms and Conditions;

“Parking Space” means a parking space in a Car Park;

“Permit” means an entitlement to park in a Car Park granted by us and available to you in accordance with the terms of this agreement, including Visitor Permits and Fixed Permits;

“Permit Account” means the account, accessible through the Evology App and/or Evology Portal, which allows the management of Permit/s, including the vehicles to which those Permit/s apply;

“Permit Application” means an application for a Permit in a Permit Car Park made through the Evology App or the Evology Portal;

“Permit Car Park” means a Car Park in which we offer the ability to obtain a Permit for eligible individuals;

“Permit Parking Period” means the date/s and period of time you are entitled to park in accordance with a Permit;

“Vehicle” means a mechanically propelled vehicle, which is constructed to carry up to 8 passengers, that enters into the Permit Car Park;

“Visitor Permit” means a Permit for use by a visitor for a limited period.

5. Your Permit Application

5.1       Evology Permit is only available to persons aged 18 years or over.

5.2       Evology may make certain Permit Car Parks available for Permit Applications. Each Permit Car Park will have different parameters for eligibility for a Permit and shall be restricted to those individuals who meet that eligibility criteria. For example, a Permit Car Park may only be available to residents of particular buildings.

5.3       The availability of Permit Car Parks for Permit Applications may be communicated by a variety of means.

5.4       Should you wish to submit a Permit Application, you will require the Location Code (which will be available on any communication relating to Permit Applications for that Permit Car Park).

5.5       You will be able to submit a Permit Application using the Evology App and/or the Evology Portal (the “Evology Platforms”). In order to make a Permit Application, you must first register an account on the Evology Platforms by following the instructions contained on the Evology Platforms.

5.6       Permits will only be issued to individuals who meet the criteria of a Permit Car Park.

5.7       To make a Permit Application, you will be required to complete the Permit Application form, providing all information requested within that form together with any supporting evidence which is requested, including the Location Code.

5.8       Following your submission of a Permit Application, the contents of this Permit Application shall be considered by Evology. Evology shall consider the contents of a Permit Application and the eligibility criteria for the Permit Car Park when considering a Permit Application. If a Permit Application does not meet the eligibility criteria in respect of the Permit Car Park (for example, residency), it shall be refused. Evology shall determine all Permit Applications, in its sole discretion.

5.9       In order to consider a Permit Application, Evology may be required to confirm such eligibility with a third party. For example, if a Permit Car Park requires that you are resident in a particular area or building, the information you provide in your Permit Application may need to be verified with a landlord, housing association, management agent, or similar.

5.10    Verifying your Permit Application may require the sharing of personal data as contemplated by clause 5.9. In submitting a Permit Application to Evology, you provide your specific and explicit consent to this sharing of data for the sole purpose of verifying your Permit Application.

5.11    Once Evology has determined the outcome of your Permit Application, Evology will either:

5.11.1      reject your Permit Application, in which case you will be informed by email and/or via the Evology App;

5.11.2      accept your Permit Application.

5.12    In the event your Permit Application is accepted, you will receive an email informing you of this deicsion. Within this email, you will be provided with credentials by which you can log in to your Permit Account.

5.13    A Vehicle is not entitled to park in a Permit Car Park until your Permit Application has been accepted and the Vehicle has been added to your Permit Account. A Vehicle is added to your Permit Account once it appears on that Permit Account, and not simply when you have submitted the relevant Vehicle details.

5.14    Evology in no way guarantees that there will be available Parking Spaces within a Permit Car Park, or that a Vehicle will be able to park in any particular Parking Space.

6. Management of Your Permit Account

6.1       You are responsible for the management of your Permit Account.

6.2       In order for a Permit to be effective, the Vehicle to which must be registered on your Permit Account in advance of parking in the Permit Car Park wherever possible. In the event that it is not possible to register a Vehicle on your Permit Account in advance of parking, this must be done as soon as possible thereafter, and in any event prior to the expiration of the Permit Parking Period.

6.3       Please be aware that our Car Parks use automatic number plate recognition (“ANPR”) and as such please ensure your Vehicle registration number is accurately entered in the Permit Account.

6.4       Only those Vehicles registered in your Permit Account shall be entitled to parking in a Permit Car Park. Those Vehicles will fall in to two categories:

6.4.1         Vehicles issued with a Fixed Permit;

6.4.2         Vehicles issued with a Visitor Permit.

6.5       The number and type of Fixed Permits and/or Visitor Permits permitted on your Permit Account and the Permit Parking Period applicable to each individual Permit is determined by the rules associated with the Permit Car Park and will be available to view through your Permit Account.

6.6       The entitlement to park will be determined by the type of Permit:

6.6.1         A Fixed Permit will normally allow parking for an indefinite period, but shall be subject to the Permit Parking Period.

6.6.2         A Visitor Permit is intended for short duration parking and will therefore be limited, in accordance with the Permit Parking Period. The number of Visitor Permits which can be used at any one time will also be subject to a strict limit. The entitlement to parking in respect of Fixed Permits and Visitor Permits will be displayed in the Permit Account.

6.7       Vehicles which you wish to have a Fixed Permit and those you wish to have a Visitor Permit shall be allocated by you accordingly in your Permit Account.

6.8       The number of Fixed Permits and/or Visitor Permits available to you shall be limited in number, in accordance with your Permit Account.

6.9       If you have allocated all Fixed Permits in the Permit Account and wish to include a further Vehicle, you will be required to remove an existing Vehicle in the first instance.

6.10    Visitor Permits will need to be issued in your Permit Account each time a visiting Vehicle is to park on the Permit Car Park. Visitor Permits can be issued for a specified period of time (provided such is less than the Permit Parking Period) or for the duration of the Parking Period.

6.11    Vehicles parking in the Permit Car Park shall be registered for a Permit on the Permit Account in advance of parking in the Permit Car Park, or in the alternative, before the Permit Parking Period has expired.

6.12    Your Permit Account shall be the basis on which we establish:

6.12.1      whether Vehicles have been issued with a Permit and are therefore entitled to park in a Permit Car Park; and

6.12.2      the Permit Parking Period for Vehicles which have been issued with a Permit.

7. Car Park Terms and Conditions

7.1       When a Vehicle enters the Permit Car Park, it is bound by the Car Park Terms and Conditions which apply to that Car Park. The Car Park Terms and Conditions will be displayed on signage in the Permit Car Park.

7.2       If there is a breach of or otherwise fail to comply with the Car Park Terms and Conditions which apply at the Permit Car Park, a Parking Charge will be issued in respect of the Vehicle which has failed to comply with the Car Park Terms and Conditions.

7.3       Circumstances in which a Parking Charge will be include (but are not limited to):

7.3.1         Vehicles without Permits parking in the Permit Car Park;

7.3.2         Vehicles with Permits remaining in the Permit Car Park for longer than the applicable Permit Parking Period;

7.3.3         Vehicles parking in the Permit Car Park without being registered for a Permit on the Permit Account in advance of the Permit Parking Period, or in the alternative, before the Permit Parking Period has expired.

7.4       The eligibility for a Permit which has not been issued to a Vehicle due to a failure to update and/or properly administer a Permit Account in accordance with the Permit Terms and Conditions shall not constitute a defence to, or otherwise permit the avoidance of payment of, a Parking Charge.

8. Cancellation of your Permit by Us

8.1       We are entitled to cancel your Permit with immediate effect at any time as a result of:

8.1.1         Your breach of the Car Park Terms and Conditions; and/or

8.1.2         Your breach of these Evology Permit Terms and Conditions; and/or

8.1.3         Your improper use of the Evology App (including non-compliance with the terms of any end user license agreement) and/or the Evology Portal. Evology shall, in its sole discretion, determine what constitutes improper use.

8.1.4         The withdrawal of your entitlement to a Permit by Evology or by any third party who has granted you the right to a Permit in the first instance (for example, a landlord or housing association).

9. Cancellation of your Permit by You

9.1       You are entitled to cancel your Permit at any time by contacting us here. Once you have submitted a cancellation request, your Permit will be deemed to be invalid and no Vehicles registered to your Permit Account will be permitted to park in the Permit Car Park.

10. Your Obligations

10.1    You have the following obligations under these Permit Terms and Conditions:

10.1.1      to inform Evology if you are no longer entitled to a Permit for a Permit Car Park as soon as reasonably practicable after that entitlement lapses or is removed.

10.1.2      to only use the Permit Car Park during the Permit Parking Period allotted to any Vehicle in accordance with your Permit Account;

10.1.3      to ensure that your log in details for your Permit Account are kept secure and are not provided to any third party;

10.1.4      to only park the Vehicle/s identified in the Permit Account;

10.1.5      to ensure that any Vehicle is parked wholly in the Parking Space, and without obstructing any adjoining or nearby parking spaces, other Vehicles or property;

10.1.6      not to park any Vehicle in a Parking Space designated for a specific purpose when you are not entitled to do so (e.g. parking in a space for a disabled person without an appropriate disability badge displayed or an entitlement to use that space);

10.1.7      not to do or permit to be done in the Permit Car Park anything which is or may be or become a nuisance, damage, annoyance, inconvenience or disturbance to any person;

10.1.8      not to resell or transfer, or attempt to resell or transfer, any Permit (in whole or in part);

10.1.9      not to conduct any illegal, business, or commercial activity in or from the Permit Car Park; and

10.1.10   not to use the Parking Space for any purpose other than for parking.

10.2    You agree to indemnify us for any losses we suffer in respect of any breach by you of these Permit Terms and Conditions.

11. Our Rights & Responsibilities

11.1    We will act with reasonable skill and care when providing the Permit service to you.

11.2    We reserve the right, without notice, to amend any terms relating to the Permit (including, but not limited to the number and type of Permits available, and the applicable Permit Parking Period) and to remove the availability of any Permit Car Parks (and thereby terminating your Permit Account).

11.3    We are not responsible for ensuring that the Permit Car Park is appropriate and/or suitable for the needs of any particular Vehicle.

11.4    We are not responsible for ensuring that a Parking Space will be available for any Vehicle with a Permit.

12. Liability

12.1    All Vehicles are parked at your own risk (or the risk of the driver of the Vehicle). It is your responsibility to ensure the safety of any Vehicle (together with any items stored in the Vehicle). We would recommend that:

12.1.1      vehicles are securely locked, and all windows are fully closed;

12.1.2      the handbrake is properly applied;

12.1.3      any steering lock, alarm or immobiliser is engaged;

12.1.4      no animals or persons are left within a Vehicle; and

12.1.5      possessions are removed and any possessions left in ar Vehicle are stored securely and are not on display.

12.2    We shall not be liable for any loss or damage to any Vehicle or possessions within howsoever occurring.

12.3    If you are a consumer and we fail to comply with these Permit Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but except as set out in clauses 12.6 and 12.7, we are not responsible for any loss or damage that is 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.

12.4    Where you are not a consumer, we shall not be liable for any indirect or consequential loss, any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss of earnings.

12.5    We shall not be responsible for ensuring that the Car Parks are secure and in no way guarantee that the Car Parks are a secure environment.

12.6    We shall only be liable for death or personal injury caused by property in the Car Park which belongs to us. We are not responsible for maintaining the surface of any Car Park or for maintaining any property on site at any Car Park and are not, therefore, liable for any issues relating to the same.

12.7    Nothing in these Permit Terms and Conditions limits our liability in the case of death or personal injury caused by our negligence or in the case of fraud.

12.8    Where our equipment in a Car Park is damaged by you, a Vehicle registered on your Permit Account or the passengers in the Vehicle then, except where the damage arises from our negligence, we will seek to recover the costs of that repair and associated costs from you.

13. Your legal rights

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

14. Data protection

We will store, process and use all information regarding your personal details in accordance with the requirements of applicable Data Protection Laws.  For further details on how we collect and use your information, please review our privacy policy details of which can be found here.

15. Entire agreement

THIS CLAUSE 15 MAY NOT APPLY IF YOU ARE CONTRACTING AS A CONSUMER

15.1    These Permit Terms and Conditions (and any document expressly referred to in them) constitute the entire understanding between us in relation to their subject matter.

15.2    We each acknowledge and agree that, in entering into our contract, 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 our contract except as expressly set out in these Permit Terms and Conditions.

16. Variation of Pre-Book Terms and Conditions

16.1    We reserve the right to amend these Permit Terms and Conditions, or withdraw the right to Permit parking and/or related services in future, at any time.

16.2    Nothing said or done by any of our representatives is capable of varying these Permit Terms and Conditions.

17. Waiver

17.1    If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Permit Terms and Conditions, or if we fail to exercise any of the rights to which we are entitled under our contract or any of these Permit Terms and Conditions, this shall not constitute a waiver of our rights or remedies and shall not relieve you from compliance with your obligations.

17.2    A waiver by us of any default by you shall not constitute a waiver of any subsequent default by you of your obligations.

18. Severance

If any of these Permit Terms and Conditions (or any provision of our contract) 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.

19. Communications

Certain laws require that some communications or information we send to you should be in writing.  By providing us with your email address as part of your Permit Application and/or subscription to the Evology Platforms, 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.

20. Transfer of rights and obligations

20.1    You are not entitled to assign, charge, sub-contract or transfer our contract or any part of it without our prior written consent.  We may assign, charge, sub-contract or transfer our contract or any part of it to any person.

20.2    Any person who is not a party to our contract shall not have any right to enforce any term of the contract which expressly or by implication confers a benefit on that person without our prior written agreement.   Any term of our contract can be varied and our contract can be cancelled or terminated without the consent of any third party who might benefit from the terms or have enforceable rights under our contract.

21. Governing law and jurisdiction

These Permit Terms and Conditions are governed by, and shall be construed in accordance with, Danish law.  If you are a consumer, you may have rights to bring court proceedings in the courts of the country in which you are domiciled.  Otherwise, to the fullest extent permitted by law, you and we shall bring all court proceedings in the courts of Denmark.