PayByPhone Technologies Inc. or one of its subsidiaries with whom you open your Account ( “PayByPhone”) allow you, as a holder of an Account or user of the Services, to store your credit or debit card information (“Card Credentials”) with PayByPhone to easily pay for Parking Sessions without re-entering your Card Credentials. This agreement governs how PayByPhone stores and uses your Card Credentials.
Please read this agreement carefully and keep a copy for future reference (a link to the most recent version is available on our Site). This agreement applies to any Card Credentials you store with PayByPhone and is in addition to the general Terms and Conditions.
1. General
In this agreement, capitalized terms have the same meaning as in the general Terms and Conditions and are reproduced for your convenience below:
• Account - The PayByPhone parking service account opened by you in the App, on the Site or by calling our Customer Support Center.
• ANPR - The automatic number plate recognition feature which (1) identifies an opted-in vehicle, prior to payment, as authorized to park at the participating parking facilities and allows access to the parking facilities without having to perform any action normally required to remove a barrier to entry and (2) automatically records the time of entry and exit from the participating parking facility, calculates the length of stay and the cost of the Parking Session for the purposes of initiating payment.
• App - The PayByPhone mobile parking payment application and other applications that we may develop.
• Autopass - The service from PayByPhone that you opt your vehicle or vehicles in using the App, the Site or our Customer Support Center which allows you to automatically pay for parking at participating parking facility operators that support ANPR.
• Cards - Mastercard®, Visa®, American Express® and Discover® credit cards and debit cards used outside of Apple Pay® or Android Pay®.
• Payment Method - Acceptable methods of payment, including Cards; other types of debit cards; PayPal; digital wallets; any credit cards or debit cards used through Apple Pay or Android Pay; and any other methods accepted in the future that you select to pay for the Parking Sessions on the Account or for use with Autopass.
• Parking Session - Any and all parking sessions capable of being paid for through the Service.
• Service - The service offered by PayByPhone, including Autopass, allowing you to pay for parking at participating parking operators by using your phone pursuant to the terms and conditions of this agreement, including using our App, Sites, Application Programming Interfaces, backend technologies, products, services, content, features, functions, applications, IVR System, and any future updates, changes or additions thereto.
• Site- All PayByPhone operated websites including, without limitation, https://www.paybyphone.com, https://www.paybyphone.fr, https://www.paybyphone.co.uk, https://www.paybyphone.ch, https://paybyphone.de, as well as any successors to such sites.
• Terms and Conditions - Terms and Conditions, including the Privacy Policy, Cookies Policy, and/or Legal Notice, which are accepted and agreed to by you when you open an Account or use the Services, and which govern your use of the Services. While PayByPhone accepts a variety of Payment Methods, this Agreement does not affect all Payment Methods, but only Mastercard, Visa, American Express, and Discover credit cards and debit cards. This Agreement covers any Card Credentials currently stored with us and any Card Credentials you may add in the future.
2. Storing Card Credentials
For Services other than Autopass
It is not necessary to store Card Credentials in order to open an Account or use the Services other than Autopass, as long as you provide an alternative Payment Method that is accepted by PayByPhone in your jurisdiction.
You will not be able to pay for a Transaction if you neither agree to store Card Credentials nor provide an alternative Payment Method. Even if you provide an alternative Payment Method, you may store one or more sets of Card Credentials with us for convenience. Storing Card Credentials allows you to easily select the associated Cards as your Payment Method for future Parking Sessions without entering their full details every time.
It does not change other aspects of your relationship with PayByPhone. For example, whether you store your Card Credentials or not, each time you use the Account or Services other than Autopass to pay for a parking session, we will inform you of the amount of the Transaction and you will select the Payment Method for the Transaction and authorize us to charge the amount to it. We do not begin processing a payment until these actions are complete. Also, you remain responsible for ensuring that the selected Payment Method is valid and has sufficient funds.
You may add Card Credentials when you open your Account, when you pay for a Transaction or when you edit payment options in your preferences settings. By adding Card Credentials, you authorize us to store those Card Credentials for use at a later time. If you add Card Credentials without paying for a Transaction, we will run a zero dollar transaction to verify that the Card Credentials are valid and you may see this activity on your credit card or debit card statement.
For Autopass
To opt a vehicle or vehicles into Autopass, you must store Card Credentials. Other Payment Methods are not available with Autopass. If at the time of opting a vehicle into Autopass you do not store Card Credentials with us, you will not be able to use Autopass.
By opting a vehicle into Autopass, you authorize us to charge the fees payable to participating parking facility operators to the first Card Credentials that you store with us for Services other than Autopass. The charge will be calculated by ANPR based on the amount set and displayed at the parking facility by the participating parking facility operators and will be applied after the opted-in vehicle leaves the participating parking facility.
The charges made with the Card Credentials will appear on your Card statement as charges of the participating parking facility operator providing the Parking Session and will reflect the location of the parking operator.
When you add Card Credentials to your Account without paying for a Parking Session, we will run a zero dollar transaction to verify that the Card Credentials are valid and you may see this activity on your credit card or debit card statement.
Cancellation and refund policies of the parking operator providing the Parking Session and PayByPhone Terms and Conditions with respect to Accounts and Services will apply to Parking Session payments.
If you store Card Credentials with us, PayByPhone will inform the issuer about adding and using the stored Card Credentials in compliance with payment processing regulations.
3. Removing Card Credentials
To see what Card Credentials you are currently storing with us, you can visit your preference settings in the App or the Site and look under payment options. You may remove your stored Card Credentials at any time by editing payment options in your preferences settings. For Autopass, you must provide another Card Credential to replace the removed one. For other Services, you may be asked to provide an alternative Payment Method to replace removed Card Credentials.
4. Applicable law
Your Account may be with PayByPhone Technologies Inc. or one of its subsidiaries depending on the country in which you open your Account.
- Canada: PayByPhone Technologies Inc.
- United States: PayByPhone US Inc.
- United Kingdom: PayByPhone Limited
- France, Monaco, Netherlands, Belgium: PayByPhone SAS
- Germany: PayByPhone Deutschland GmbH
- Switzerland: PayByPhone Suisse AG
- Italy: PayByPhone Italia S.r.l.
Collectively, all of these entities are referred to here as “PayByPhone”. The laws of the country in which the entity for your Account is based, without regard to principles of conflict of laws, will govern this agreement and any dispute of any sort that might arise between you and PayByPhone or our affiliates, as well as any of their successors and assigns. In the case of PayByPhone Technologies Inc. the relevant jurisdiction is the Province of British Columbia, Canada (subject to the provisions of the Consumer Protection Act applicable to residents of Quebec), in the case of PayByPhone US Inc. – the State of Delaware, United States, in the case of PayByPhone Limited – United Kingdom, in the case of PayByPhone SAS – France, in the case of PayByPhone Suisse AG – Switzerland, in the case of PayByPhone Italia S.r.l. – Italy, and in the case of PayByPhone Deutschland GmbH – Germany. Notwithstanding the previous sentence, you agree that it shall be nevertheless permissible for PayByPhone to apply for equitable relief in any jurisdiction. 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.
5. How we change this Agreement
We may at any time change or repeal this Agreement. Until we repeal this Agreement, it remains in effect. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change, including either by email or by posting such update on our Sites. All such amendments, updates, modifications, replacements, versions, or revisions are effective immediately upon posting on our Site. You specifically agree to accept such notice of change by notice sent to the last electronic mail address you have provided to us. However, if the change is made for security purposes, we can implement such change without prior notice. Should you decide that you no longer agree to accept changes or notices electronically, we may cancel or suspend this agreement, or any features or services of the Account described herein at any time.
6. Miscellaneous
You many not transfer your rights under this agreement without PayByPhone’s express written consent. We may transfer our rights under this agreement at any time.
Use of the Account, including Autopass, is subject to all applicable rules and customs of any payment processor, clearinghouse or other association involved in transactions.We do not give up our rights by delaying or failing to exercise them at anytime.
If any term of this Agreement is found by a court to be illegal or not enforceable, all other terms will still be in effect.
Effective Date: 2023-02-17
