Your use of this PayByPhone website (the “Site”) is subject to the terms of a legal agreement between you and PayByPhone Technologies Inc. (“PayByPhone”), in this Legal Notice (“Notice”). You must adhere to the terms of this Notice when you use this Site – your use of the Site constitutes acceptance of the terms and conditions set out in this Notice. If you do not agree with the terms, conditions, and restrictions set forth in this Notice, your only recourse is to not use the Site. 

This Notice applies to your use of the Site, if you decide to create an account with us, download our App, or otherwise use our mobile parking payment Services, you will be subject to the Terms and Conditions.  The Privacy Policy applies to your use of our Services, including this Site.

All intellectual property including patents, trademarks, trade names, logos, company names, brand names, design marks, trade-dress, service or product names and descriptions, emblems, copyright notices (whether registered or unregistered) (collectively the "Marks"), together with the information and content displayed, presented, or controlled, or otherwise included in or on the Site, including, but not limited to:  the text, graphics, images, depictions, digital downloads, drawings, video, audio, animation, software, and their related files; the arrangement of such on the Site; the look and feel of the Site; the user experience of the Site; the color combinations; button shapes, sizes, icons, images, organization; and other graphical elements including all derivative works of the foregoing (collectively the “Materials”), as displayed on the Site and/or viewed on or obtained through this Site are the property of PayByPhone, its affiliates, suppliers, and/or representatives. You acknowledge and agree that the Materials are protected by various international intellectual property and competition laws. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by us in writing or unless expressly authorized by this Notice.

PayByPhone grants you a limited, non-exclusive, non-transferable, revocable license to view and print the Materials solely for your own personal, non-commercial use. We grant such license under the terms and restrictions specified in this Notice. You understand that you do not, and will not, acquire any other right, title or interest in the Materials and that you may not commercially exploit the Materials or the underlying data. This means that you may not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or print or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without our prior written consent or except as expressly allowed by this Notice. You also cannot reverse engineer, disassemble, decompile or otherwise derive or attempt to derive the source code or structure of all or any portion of the Materials or Site.

If you do print Materials, you must include all Marks, copyright notices, and/or proprietary legends. You may not alter or remove any Mark, copyright notice, or proprietary legend contained in or on the Materials. You acknowledge that any breach of the portions of this Notice related to our intellectual property rights may give rise to irreparable harm to PayByPhone for which monetary damages would be an inadequate remedy. You therefore acknowledge and agree that, if you breach the portions of this Notice related to our intellectual property rights, PayByPhone shall be entitled, in addition to all other available remedies, to seek interlocutory, interim, and permanent injunctions or other appropriate orders to restrain any continued breach of these guidelines without having to prove that actual damage has been sustained by PayByPhone.

While PayByPhone tries to ensure the accuracy and quality of the Materials on our Site, the materials may include technical inaccuracies or typographical errors. This Site and the Materials are provided with all faults on an “as is” and “as available” basis. PayByPhone, its parents, affiliates, directors, employees, distributors, suppliers, licensors, representatives, agents, or resellers (collectively, the “PayByPhone Entities”) disclaim all warranties, whether express or implied, including the warranties that the Site and Materials are free of defects, virus free, and able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected, and the implied warranties that the site and materials are merchantable, of satisfactory quality, accurate, secure, fit for a particular purpose or need, or non-infringing, unless such implied warranties are legally incapable of exclusion. No advice or information given by the PayByPhone Entities shall create a warranty or expand the scope of any warranty (if any) of any kind that cannot be disclaimed under applicable law. Your use of this Site and the Materials is solely at your own risk.

We have the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Site or Materials, including, but not limited to, the software, content, hours of availability, or the availability of the Site or Materials on any particular device, operating system, or communications service. We have no obligation to provide you with notification of such changes.

To the maximum extent allowed by law, under no circumstances shall the PayByPhone Entities be liable for any indirect, special, incidental, consequential, or exemplary damages that result from the use of, misuse of, inability to use, or reliance upon this site or the materials, including, without limitation, damages for loss of use, data, business opportunities, savings or profits. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the PayByPhone Entities have been advised of the possibility of such damage. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Additionally, under no circumstances shall the PayByPhone Entities be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods, or services available on or through any sites linked to or from this Site.

You acknowledge that breaches by you of this Notice will give rise to rights of action allowing PayByPhone to enforce the terms and conditions of this Notice, including all rights arising under federal and provincial/state laws pertaining to copyright, trademark, patent, trade secret, and other proprietary rights. You agree that, if we do not exercise or enforce any legal right or remedy which is contained in this Notice (or as to which we have the benefit under any applicable law), this will not be taken to be a formal waiver of PayByPhone’s rights and that those rights or remedies will still be available to PayByPhone.

The laws of the Province of British Columbia, Canada without regard to principles of conflict of laws, will govern this Notice and any dispute of any sort that might arise between you and PayByPhone or its affiliates, as well as any of their successors and assigns.  You also agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content.

Our Site may contain references and links to other websites on the Internet and we do not endorse or maintain these websites or the information provided on them. PayByPhone does not assume any responsibility or liability for obscene, incorrect, defamatory, or other improper or illegal material that may reside elsewhere on the Internet and accessed through or from our Site nor do we make any warranty or endorsement regarding the quality of products and services offered, promoted, contained, or distributed through third-party websites.

You should print a copy of this Notice locally and retain it in your files. Please note, however, that we have the right at any time to change, modify, amend, revise, or replace this Notice by posting such changed notice on the Site and such new version of this Notice shall govern your use of the Site. We have no obligation to provide you with notification of such changes. You are bound by such changes and should therefore visit this page to review the current Notice from time to time.

Customer Support  Centres

USA and Canada
General: 604 642 4286
Sales: 1 866 783 7787
Email: info@paybyphone.com
Suite 403
1168 Hamilton Street
Vancouver, BC
V6B 2S2
Canada

Europe
General: 0870 112 6412
Email: euro@paybyphone.com
Bishops Court
17A The Broadway
Old Hatfield
AL9 5HZ

Australia and New Zealand
General: +61(0) 3 9592 8906
Email: anz@paybyphone.com
69 New Street
Brighton 3186
Australia

PayByPhone is owned by Volkswagen Financial Services AG  

Effective Date: 2018-05-25

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