1. Scope

These terms and conditions of use describe the terms and conditions for which the “Parkd” mobile application (hereinafter referred to as “application”) can be used. This application is owned and managed by PICKMEUP, naamloze vennootschap (public limited company), having its registered office at 2000 Antwerp, August Michielsstraat 23, registered in the register of legal entities (Antwerp, department Antwerp) with number 0554.702.616 (and hereinafter referred to as “Parkd”). For questions about the application or these terms and conditions of use, please contact Parkd by letter addressed to the registered office as aforementioned or by e-mail to info@parkdapp.nl. The terms and condition of use apply to the installation, the use and the termination of (the use of) the application by the user who wants to pay for his parking session using this application. By using the application (this includes the downloading and the installation), you explicitly, unambiguously and without any reservation accept these terms and conditions of use and the privacy policy.

The terms and condition of use and the privacy policy can also be consulted, downloaded, saved and printed on www.parkdapp.nl. For (possible) services provided via the application by third parties, i.e. any other party than Parkd, the general terms and conditions, the privacy and/or cookie policy of the third party(ies) also apply. Parkd is therefore not responsible for the services, the general terms and conditions and the privacy and cookie policy of these third party(ies). In case of conflict between the terms and conditions of use and Parkd’s privacy policy on the one hand and the general terms and conditions, the privacy and/or cookie policy of the third party(ies) in question on the other hand, Parkd’s terms and conditions of use and the privacy policy have preference. If the application is used to participate in (promotional) campaigns, supplementary conditions may apply. If and in so far these supplementary conditions violate the terms and conditions of use, the supplementary conditions have preference.

Parkd reserves the right to amend these terms and conditions of use at any time. If one of the provisions of these terms and conditions of use is declared invalid or void, this shall not affect the validity of the other provisions.

2. Registration of the user

The user is obliged to correctly provide his/her contact details in the application and keep them up to date at all times.

The user must have equipment that is suitable for the application. Parkd does not guarantee that the user will have access to the application with all wireless equipment nor that the application is available in all geographic locations.

The user guarantees that he is at least 18 years old. The user accepts, in so far this complies with the relevant legislation, that Parkd traces the location of the user when the application is used to be able to provide the services that are the subject of the application.

The processing of the collected data is governed by Parkd’s privacy policy. The user declares that he has a credit card registered in his/her own name (or for which he/she has a right of use through his/her employer or company) and which is connected to his/her own bank account with a bank that allows crediting in euros.

If the user does not (longer) meet these general terms and conditions, he shall be solely responsible for all consequences, loss or damage that can arise from his/her actions (and he/she shall safeguard Parkd for any damage that is the consequence of wrongful or improper use of the application). Parkd reserves the right to periodically check whether the user still meets the conditions of the registration.

The user shall only be validly registered when the registration has been completed and finalised by Parkd. The user shall not notify his/her login details to a third party.

3. Licence

Parkd grants the user a non-exclusive, non-sublicensable and non-transferable licence for the use of the application. The user may not make the application available to third parties, sell it, lease it, decompile it, subject it to reverse engineering or update it without Parkd’s prior consent. Nor may the user remove (or have them removed) or bypass (or have them bypassed) the technical facilities aimed at protecting the application. Parkd can make an upgrade available for the application. In this case the upgrade qualifies as an application within the meaning of these terms and conditions of use. Parkd is not liable for the compatibility of the updated version of the application with the equipment used by the user.

4. Use

Use of the application is for the user’s own account and risk. After the user has downloaded the application, the user must register via the application. The privacy policy applies to the processing of personal details via the application. To be able to use the application, the user must have the required equipment, systems software and (internet) connection which he/she shall pay for himself/herself.

The parking system is activated and ended with the start and stop button of the application. On starting the parking session, the user is considered responsible for the correct use of the application (including the correct determining of the location). The user can easily terminate the parking session by pressing the stop button.

It is the user’s exclusive responsibility to verify whether the parking session was effectively terminated. Parkd cannot be held responsible for additional invoicing if the parking session was wrongfully or not terminated.

5. Payment

The user undertakes to pay all amounts and sums relating to the use of the Parkd application and the user’s parking sessions.

The times of the parking session registered via the Parkd application are binding for the user. It is the user’s exclusive responsibility to ascertain the applicable parking tariffs of the parking sessions he/she chose.

Parkd is entitled to demand payment of the outstanding amounts periodically. Parkd’s invoices are payable within 14 days after the invoice date, unless otherwise stipulated. If invoices are not paid on time, the Parkd application can be temporarily or permanently blocked for the user. Moreover, Parkd is able to institute legal proceedings if the outstanding amounts are not paid. In the event of late payment, a delayed interest of 10% a year shall be owed by operation of law and without prior notice of default, whereby every started month shall count as a complete month. Also, damages to the amount of 10% of the outstanding amount (with a minimum of EUR 25 and a maximum of EUR 250) shall be owed to cover the administrative costs, without prejudice to Parkd’s right to recover all other damage and costs from the user.

6. Intellectual property rights

The content and the composition of the Parkd application are protected by intellectual property rights which are owned by Parkd. The information may therefore only be used within the context of the services offered via the application. Every print-out or reproduction of part of or all of the application is strictly reserved for personal and non-commercial use and solely provided that the legal referral to Parkd’s Intellectual property is mentioned. All rights are reserved. Subject to provisions to the contrary in the special terms and conditions, any other use of the Parkd application, including but not limited to the reproduction, modification, distribution, transfer, rerelease, notification and/or representation of the whole or partial content of the Parkd application is strictly prohibited without Parkd’s prior written consent.

7. Liability and protection

Under no circumstances can Parkd be held liable for inaccuracies, interruptions or defects in the use of the application, except in the event of deliberate errors on the part of Parkd. Nor can Parkd ever be held liable for the services granted by third parties. Moreover, Parkd reserves the right to, at any moment, and without prior notification, change the content of the application or to wholly or partly suspend access to the application, both for the general public and for certain people in particular without the users being able to derive any rights from this. The latter might happen if the terms and conditions of use are not respected.

8. Termination

The user can terminate use of the application at any moment free of charge, by removing or uninstalling the application from his/her mobile equipment.

Parkd can suspend the execution of its obligations until all the user’s debts are settled. Parkd can also terminate the agreement by operation of law and with immediate effect if these general terms and conditions are not respected.

9. Applicable law, dispute settlement

Belgian law is only applicable to the acquisition, use and termination of (use of) the Parkd application, as well as all possible disputes that may be related to it.

For every parking session, the local parking regulations and/or rules must also be respected by the user. Amendments to local laws relating to parking can affect the cost price of the parking session. Parkd is not responsible for the cost price or changes in the cost price of a parking session.

All disputes arising from or related with the use of the Parkd application fall under the exclusive jurisdiction of the courts of Antwerp, department Antwerp.