Evology Autopay Terms & Conditions

Please read these terms and conditions carefully before using the Site. By using the Site, You signify Your agreement to be bound by these terms and conditions. If You do not accept these terms and conditions, please do not use the Site.

TERMS AND CONDITIONS

1. By using this Site You are entering into a contract with Parkingeye Limited trading as Evology Autopay (“We”, “Our” and “Us”). We are registered in England and Wales under company number 5134454 and have our registered office at 40 Eaton Avenue, Buckshaw Village, Chorley, Lancashire PR7 7NA.
2. These terms and conditions will apply to anyone who views or uses the Site including anyone who registers for an Evology Autopay Account (“You” and “Your”).
3. We may revise or amend these terms and conditions at any time. These terms and conditions apply to the contract between You and Us. It is Your responsibility to ensure You are familiar with these terms and conditions and that You adhere to them.
4. Nothing in these terms and conditions affects Your statutory rights.

Definitions

5. We have tried to make the wording of these terms and conditions as clear as possible. To help You, We have given certain words and phrases the meanings shown below:

Evology Autopay Account Activation and Registration

6. To create an Evology Autopay Account some basic information will need to be provided to Us about You. Please rest assured that all information we retain about You will be processed in accordance with our Privacy Policy which is incorporated into these terms and conditions and which you can view here or such link as notified to you on registration and from time to time.
7. When we have received the required information to set up Your Evology Autopay 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 Autopay Account will not be activated until You click on the link contained within this email.
8. Once Your Evology Autopay Account has been activated You will be asked to provide further information including the vehicle registration details for the vehicle(s) to be registered, Your Payment Preferences, if you wish to receive SMS notifications from Us and, where appropriate, Your Payment Card details.
9. Until this information has been provided and submitted to us, Your Evology Autopay Account will not be registered, and You will not be able to pay Automated Billing Parking Tariffs via Your Evology Autopay Account.

Active Vehicles

10. For each Active Vehicle You confirm that You are either a) the Motorist, or b) You have the permission of the Motorist to receive their information in respect of each Parking Instance.
11. It is not possible for the same vehicle to be registered to more than one Evology Autopay Account. You may have up to 4 Active Vehicles on Your Evology Autopay Account. If you require more than 4 Active Vehicles, please contact our Customer Services team who may be able to increase the number of Active Vehicles on your Evology Autopay Account.
12. You understand and agree that the vehicle registrations of all Active Vehicles will be provided to Car Park Operators and that upon request by a Car Park Operator We may make payment of Automated Billing Parking Tariffs due under a Parking Contract in accordance with Your Payment Preferences for any and all Active Vehicles. This is irrespective of whether You were the Motorist at the time.

Payment Preferences

13. As part of Your Evology Autopay Account registration, You shall elect to add funds to Your Balance and select your Payment Preference.
14. If You elect to add funds to Your Balance by either:
    • 14.1 Auto Balance Restore; or
    • 14.2 Auto Top-Up; or
    • 14.3 Pay-as-You-Park;

    You will be required to provide Us with Your Payment Card details and by providing the Payment Card details You will be authorising a Recurring Payment Authority.

15. You confirm that You understand that all payments are subject to authorisation by Your bank and that all authorised Transaction Charges will show up on Your bank statement as ‘Evology Autopay’.
16. Non-acceptance of Your Recurring Payment Authority may be due to one of the following reasons (although others are possible):
    • 16.1 Failed Payment; or
    • 16.2 System Failure.
17. You may change the Payment Preferences of Your Evology Autopay Account by amending the details displayed within Your Wallet on the Site.
18. Please note that We only accept payment in pounds (£) sterling.
19. If you hold a Balance, you will not receive interest or any other earnings on the Balance because the Balance represents e-money and not a deposit.

Payment of Automated Billing Parking Tariffs

20. The purpose of Your Evology Autopay Account is to hold a credit Balance, which, when requested by Parking Operators, We can use to set off payments of Automated Billing Parking Tariffs incurred by Active Vehicles, or We can use to set off Processing Fees and SMS Notification Fees.
21. Your Balance will only be used to make payment of Transaction Charges or as a method of payment of any other charges, as notified from time to time in advance, if applicable, which may be due to Us under this Agreement.
22. When Automated Billing Parking Tariffs are due under a Parking Contract in respect of an Active Vehicle, We will be notified by the Car Park Operator of the Parking Instance, including the Automated Billing Parking Tariff(s) applicable to that visit.
23. Upon notification of the Parking Instance, You authorise Us and We will, subject to sufficient Balance being available in your Evology Autopay Account, deduct the Transaction Charge from Your Balance, and provide details of the successful payment of the Automated Billing Parking Tariff to the Car Park Operator. We shall endeavour to debit Your Evology Autopay Account within 72 hours of the Parking Instance, however, on occasion, this may take up to 14 days.
24. If the Balance in your Evology Autopay Account is insufficient to cover the Transaction Charges, then where your Payment Preferences includes a Recurring Payment Authority, We will seek to take payment via Your Payment Preferences in accordance with the Recurring Payment Authority.
25. In the event that the process in clause 24 still does not result in a payment of the Transaction Charges, if you have selected Auto-Top-Up as a Payment Preference and the reason for non-payment is not due to a Failed Payment, We will seek to take payment from your Payment Card of the Auto Top-Up Amount you have indicated via Your Payment Preferences. We will continue to request payment via this method until such time that the Transaction Charges are paid, or the payment request results in a Failed Payment.
26. Upon cleared payment of the value of the Automated Billing Parking Tariff to Us under the processes identified in Clauses 23, 24 and/or 25, Your debt to the Car Park Operator will be satisfied.
27. Where you have not selected Auto-Top up as your Payment Preference and the process in clause 24 would not result in a Balance sufficient to cover the Automated Billing Parking Tariff, We shall not seek to take payment via your Payment Preference, and We will notify You, by either email or SMS, to advise that a payment request has been received and Your Balance is insufficient to settle the Automated Billing Parking Tariff. We will provide a period of up to 24 hours for You to make a successful Manual Top-Up to Your Balance to cover the cost of the Automated Billing Parking Tariffs; or to revise or review Your Payment Preference including the Payment Card details.
28. If We are notified of a Parking Instance and the Balance of Your Evology Autopay Account is insufficient to cover the Transaction Charges and the Payment Preference is Manual Top-Up or where a Recurring Payment Authority request has resulted in a Failed Payment, We will notify You, by either email or SMS, to advise that a payment request has been received and Your Balance is insufficient to settle the Transaction Charges. We will provide a period of up to 24 hours for You to make a successful Manual Top-Up to Your Balance to cover the cost of the Transaction Charges; or to revise or review Your Payment Preference including the Payment Card details.
29. If, within 24 hours of our notification to You, in accordance with Clauses 27 or 28:
    • 29.1 You carry out a Manual Top-Up of Your Balance; or
    • 29.2 You set up, or update Your Payment Preferences and Recurring Payment Authority,

    We will seek to deduct the Automated Billing Parking Tariffs owed to the Car Park Operator and the SMS Notification Fees and Processing Fees owed to Us from your Balance, or via Your newly selected Payment Preference in accordance with the Recurring Payment Authority, unless such newly selected Payment Preference is an Auto Top-Up and the process would not result in a Balance sufficient to cover the Transaction Charges.

30. If, following the process in clause 29, Your Balance is insufficient to cover the Automated Billing Parking Tariff, We will notify the Car Park Operator that the payment request has not been authorised and that Your debt to the Car Park Operator has not been settled.
31. If, following the process in clause 29, we receive cleared payment of the value of the Automated Billing Parking Tariff to Us, Your debt to the Car Park Operator will be satisfied.
32. In addition to the provisions of Clause 30, where We have been unable to settle the Automated Billing Parking Tariffs, Your Evology Autopay Account will be Suspended and You will need to make alternative arrangements for payment of the Parking Tariffs by another means.

Bonus Top-Up

33. From time to time, We may make a Bonus Top-Up to Your Evology Autopay Account. A Bonus Top-Up shall only be used for the payment of Transaction Charges and may not be exchanged for cash.
34. If the Bonus Top-Up is awarded in response to a Special Promotion, additional terms and conditions may be applicable which will be notified to You prior to the award of the Bonus Top-Up and may include a time bound period of validity in which the Bonus Top-Up must be used.
35. If You have received a Bonus Top-Up and wish for it to be removed from Your account, You should contact Us and We will reduce Your Balance accordingly.

Account Administration

36. If Your Evology Autopay Account details are disclosed, lost or stolen, or the Active Vehicle is stolen, Your Evology Autopay Account (including any associated Recurring Payment Authority) 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 as soon as possible.
37. You must notify Us if You are unable to access Your Evology Autopay Account to make any changes to Your contact details, including a change of email address or telephone number, Active Vehicles, to Your Payment Preferences or to Your Payment Card.
38. You understand that it is Your responsibility to keep Your account details up to date and specifically Your Payment Card, Payment Preferences and Active Vehicles.
39. You understand that You will continue to be liable for all charges associated with an Active Vehicle whether You are the Motorist or not, if You have not removed the respective Active Vehicle from Your Evology Autopay Account.
40. If You do not keep Your Payment Preferences and Payment Card details up to date, You risk a Failed Payment and You must make alternative arrangements to pay for any Parking Tariffs with the Car Park Operator.
41. We will not be held liable for any loss, costs, damages or any other sums where a Car Park Operator requests payment of a Parking Tariff and Your Balance is insufficient to enable a payment of the Automated Billing Parking Tariff to be processed or where a Failed Payment occurs.
42. We will contact You with updates about Your Evology Autopay Account and Recurring Payment Authority using the email address given in Your Evology Autopay Account.
43. We reserve the right to Suspend, withdraw, amend, or terminate operation of Your Evology Autopay Account and/or Recurring Payment Authority at any time and We will use reasonable endeavours to provide prior notification to You of such events.
44. 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.
45. We facilitate payments to Car Park Operators of Automated Billing Parking Tariffs due under a Parking Contract. For the avoidance of doubt, the Parking Contract is entered into between You and the Car Park Operator and the Car Park Operator is responsible for the Parking Contract and for dealing with any claims or any other issue arising out of or in connection with the Parking Contract.
46. We only provide a facility for payment of Automated Billing Parking Tariffs due under a Parking Contract. For the avoidance of doubt, the level of fees due will be calculated by the Car Park Operator and notified to Us in respect of each Evology Autopay Account holder. No other entities are a party to this contract or assume any responsibility arising out of or in connection with it.
47. Evology reserves the right to vary the terms of these Evology Autopay Terms and Conditions at any time.
48. Any changes relating to your Evology Autopay Account or to the SMS Notification Fees or Price List 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 cancel your Evology Autopay Account in accordance with Clause 49, prior to such changes taking effect.

How to Cancel

49. You may cancel Your Evology Autopay Account any time by contacting Us through Your account settings. Your cancellation will not become effective until We have notified You that your account has been cancelled.
50. When we cancel Your Evology Autopay Account, We will refund to You any Balance remaining on your account less any unused Bonus Top-Up. We shall provide You with a cheque for the Balance and aim to send this to you within 30 days of the account cancellation.

Intellectual Property

51. All content included in or made available through the Site, or as part of any communications from or with Us in respect of an Evology Autopay Account such as text, graphics, logos, button icons, images and data compilations is the property of Us or content providers and is protected by UK 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 this Site or any communications from Us to the Evology Autopay Account holder in any form, including electronic media, is expressly prohibited.

Use of Electronic Communications

52. When You use the Site or send e-mails, text messages, and other communications from Your desktop or mobile device 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 Site 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.
53. If You are using the Evology Autopay Account for and on behalf of any other person, You must have their permission to provide their personal information, and/or to make an application, and/or complete/view transactions in their name, and/or view details of payments made in respect of Parking Instance for a Motorist who is not You.
54. If You are not the person who has an Evology Autopay Account, or do not have the permission of the Evology Autopay Account holder, or the owner of the Active Vehicle, or have the permission of the person who was the Motorist who will be using the Active Vehicle who may be the person responsible for the Transaction Fees, as the driver, in any Parking Instance, please do not proceed.

Marketing and Promotional Preferences

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

User Obligations and Restrictions

57. You confirm that You will not use this Site for any unlawful purpose including:
    • 57.1. Posting material containing any virus or interfering with the operation of this Site or attempting to decipher, or modify any of the software, coding or information comprised in this Site;
    • 57.2. Providing false, inaccurate or misleading information;
    • 57.3. Breaching any applicable laws, regulations, licences, or third party rights; or
    • 57.4. Purposely intercepting, accessing without authority or expropriating any system, data or personal information as per Data Protection Legislation.
58. You are responsible for maintaining the confidentiality of Your Evology Autopay Account Username and password (“Login Details”) and for restricting access to Your computer to prevent unauthorised access to Your Evology Autopay 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 agree to accept responsibility for all activities that occur under Your Evology Autopay Account. 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.
59. You agree to fully reimburse Us in respect of all losses, costs, actions, claims and liabilities incurred by Us or these third parties as a result of any breach of these terms or any data submitted by You to Us.

Our Obligations

60. We will make all reasonable attempts to prohibit viruses from the Site or any electronic communications but cannot guarantee this. You should take appropriate steps to prevent damage to Your systems.

Our Liability

61. The information on this Site has been included in good faith but it 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 information on this Site 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 this Site, access to, use of or inability to use this Site or in respect of Your Evology Autopay Account.
62. We will do our utmost to ensure that availability of the Site and Your Evology Autopay Account information will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
63. Us, Our agents or sub-contractors will not be responsible for (i) losses that were not caused by any breach on Our part or that of Our agents or sub-contractors in the provision of the service, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both You and Us, Our agents or sub-contractors, when You commenced using the online services. We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our, or Our agents or sub-contractors reasonable control.
64. Our maximum aggregate liability for damages under or in connection with this Agreement (including your use of Evology Autopay) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10 or where the damages relate to the failure to increase Your Balance by the value of a successful payment received by Us in accordance with Your Payment Preference, Our liability shall be limited to the value of the successful payment received but not added to the Balance. This does not apply to the types of loss set out in Clause 65.
65. Nothing in these conditions limits or excludes Our responsibility for fraudulent representations made by Us, Our agents or sub-contractors or for death or personal injury caused by Us, Our agents or sub-contractors negligence or wilful misconduct.

Applicable Law

66. These Terms and Conditions of Use are subject to English law. Any disputes arising out of these Terms of use should be dealt with by the English or Welsh courts. If You are not happy with the way We deal with any disagreement and You want to take court proceedings, You must do so in England or Wales.