Terms and Conditions for Users of the ParkNOW! Mobile Parking System

1.Definitions

In these conditions and in the ParkNOW! system, the words mentioned below are understood to mean:

1.1 “User”: a party, natural person or legal person, who on the basis of the agreement with the Provider, pays the parking fees by means of his/her mobile phone in combination with the ParkNOW! system.

1.2 “Provider”: the party which registers the user through the use of the ParkNOW! system services and which registers the data provided by the user and ParkNOW! concerning the parking fees due or the cost of text messages and transfers parking transaction records to Parking Operator.

1.3 “Parking Operator” a party or legal person, who is responsible of the execution of parking policy based on the agreement with the parking area owner; or operates the self-owned parking area(s) and who’s responsibilities may include, but not limited to, signaling of parking areas and parking enforcement. Parking Operator can be any municipality and/or other government, organization and/or company.

1.4 “ParkNOW!”: the party which through its services registers certain data from the user and the parking time and through which parking data are made available on-line to Parking Operator for parking enforcement purposes.

1.5 “Mobile parking system”: the database, computer and communication equipment used by ParkNOW! with the accompanying ParkNOW! software and the ParkNOW! Internet website.

1.6 “Service”:”ParkNOW!” service as offered by the provider, according to the agreement made between the provider and the user.

1.7 “Network”: the mobile network to which the user is connected.

2.Application

2.1 The user terms and conditions apply to the use of the ParkNOW! system. These conditions can be reviewed on the ParkNOW! website. (www.parknow.mk)

2.2 The provider reserves the right to make changes. The changes shall be published on the website.

2.3 If one of the clauses of these conditions is declared invalid or is nullified, the other clauses of the conditions shall remain valid. The nullified clause shall remain in force as possible conforming to the purpose and the tenor of the nullified and/or invalid declared clause.

3.The ParkNOW! system

3.1 The user is able to register the parking start and/or stop by using his mobile phone; sending text messages (SMS'es) to the ParkNOW! system. 3.2 The use of the ParkNOW! system is only possible for the mobile phone number(s) registered in the system when parking a vehicle with a license number or using a transponder card number registered in the system by the user.

4.Registration of the user

4.1 Registration takes place at the provider by means of a procedure determined by the provider.

4.2 The user is responsible for correct data such as name, address, place of residence, company data, license plate number, mobile phone number and e-mail address.

4.3 Changes in the unique data of the user supplied earlier have to be reported by the user to the provider on paper timely.

4.4 The data of the user shall be treated in confidence (see privacy terms).

4.5 The registration of a user shall be valid as soon as he is accepted by the provider and ParkNOW!

4.6 The user must keep the data which are necessary for using the service, like login name, password, and keep them secure.

5.Agreement with the user

5.1 The agreement shall be entered into for one year and shall be automatically renewed for an additional one year period.

5.2 The agreement shall be terminated if the user has informed the provider that he wants to terminate the agreement at least one month before the end of the subscription period. The date of receipt is binding.

5.3 The ParkNOW! system can only be used with a valid subscription. A subscription is valid when the user has accepted the conditions and has met all the other obligations.

5.4 It is prohibited to perform actions, to refrain from doing, or to have things done which aim at avoiding, lessening or in an other way negatively influencing the obligations resulting from these conditions. Acting in breach of the abovementioned gives the provider good reason to terminate or to annul the agreement while retaining the right to recover the damages suffered by the provider as a result of the action.

5.5 Operator and/or ParkNOW! reserves the right to suspend the fulfillment of all obligations until all the demands against the user are fulfilled.

5.6 The user is not authorized to use the access offered by ParkNOW! to the ParkNOW! system for any purpose other than those permitted, to cede use to a third party. In case of misuse, ParkNOW! and/or Operator is authorized to exclude the user from further use of the ParkNOW! system.

5.7 The provider is authorized to terminate the agreement immediately, in writing, if the user does not meet the obligations on the basis of these users conditions.

6.Using of ParkNOW! system

6.1 The ParkNOW! system can only be used in areas of participating Parking Operators’, who are identified for the user by means of a sign installed in a visible place in the parking area or by stickers placed on meters or pay and display machines. Important information concerning the use of the system can be found by the user on the following website (www.parknow.mk).

6.2 In order to register the start and the end of the parking session, the user must write an appropriate text message (SMS) and send it to common short code used by ParkNOW! 144144 as follows:

6.2.1 To register the start of the parking session, user shall write a SMS with zone code where car is parked, followed by a space, and then car license plate number of that user. (Ex: A3 SK123FF) and send written message to short code 144144.

6.2.2 To register the stop of the parking session, user shall write a SMS message and type the letter S. and send to written message to short code 144144.

6.2.3 Answer to the user: Any SMS sent by the user, will be followed by answer-SMS sent by ParkNOW! as an answer to the user. Regarding of the user-originated SMS, the answer message could be either parking start/stop confirmation or other information.

6.2.4 All available SMS-commands, their answers and usage instructions can be found by the user on the following website www.parknow.mk

6.3 In all cases the user shall be him or herself responsible for the correct use and the functioning of the mobile phone used for the ParkNOW! system. 6.4 Upon ending the ParkNOW! parking session through the registered mobile phone, the time period shall be terminated.

6.5 Only in case of a failure that prevents cancellations from being sent through the mobile phone network used by the ParkNOW! system user can cancellation be effected by another telecommunication connection: by dialing the help-desk number: +389 2 321-5566

6.6 In all cases in which an agreement with the user is terminated, the Terms and Conditions shall govern the relations between the parties insofar is necessary for the completion.

6.7 ParkNOW!, its providers and/or help providers that are part of the system, are allowed, among others, for purposes of maintenance, improvement, and repair of the Services, to put out of use temporarily (a part of) one or more connections or other technical equipment belonging to the Services. ParkNOW! and its providers shall, if indicated by the seriousness of the matter, inform the user of these kind of activities in advance.

6.8 ParkNOW! does not guarantee interruption-free service (the status of the wireless network used by the user is not in our control) . In case, for whatever reason, the ParkNOW! system cannot be used, the parking time shall be registered in another way (e.g. by way of a ticket from a car park ticket machine or parking meter)

6.9 A transaction is formally completed when the user, while canceling, has received the confirmation from the system.

6.10 If the parking area has a restricted parking time, the parking session shall stop automatically at time set by Parking Operator. User will get automatically the Parking registration due reminder.

6.11. All text messages sent automatically by ParkNOW! to the user are free of charge. The text messages, user send to ParkNOW! are to be charged by the normal text message tariff as set by user's subscription and/or tariff plan.

6.12 The municipal parking regulation applies to all the users of the ParkNOW! system who register parking via mobile phone in the municipality concerned.

7. Liability

7.1 The provider and/or ParkNOW! are not responsible for damages to undertakings either directly or indirectly, regardless of whether they were incurred contractually as the consequence of an illegal action, - caused by the non-functioning or improper functioning of the ParkNOW! system. Nor shall they be liable for any deficiencies (during the implementation) in the Services or these conditions.

7.2 The provider and ParkNOW! can not be held responsible for any indirect/ or consequential damages caused by the use of the ParkNOW! system. The user knows and accepts that the possibility to register start and stop of a parking event by mobile phone, or the possibility to receive text messages’ concerning the parking transaction depends on the functioning of the telephone network his/her telephone is connected to and on the service of the mobile phone company he or she has an agreement with.

7.3 ParkNOW! and/or the provider is only responsible for direct damages in case of intention or gross negligence except for a case of intention or gross negligence of by the provider or ParkNOW! involving third persons. Liability for direct damage is restricted to a maximum of 1000 denars per event, taking into account that a succession of related events counts as one event.

7.4 The entitlement to compensation shall lapse in case this right has not been brought before court within a period of six months after the occurrence of the event that caused the damages.

7.5 The provider and/or ParkNOW! cannot be held responsible for direct, indirect and/or consequential damages which originates in the improper functioning of the mobile phone network of the user, failure to timely receive a text-message , circumstances beyond one’s control, actions or omissions of one or more third persons or an improper use of the ParkNOW! mobile parking system by the user.

7.6 The user is responsible for immaterial and material damages suffered directly or indirectly by the provider and/or ParkNOW! that are the result of actions or omissions in contrary to these conditions, authorized instructions, to the law or to judicial or prior arbitral judgments between the parties . In this case the law shall be explicitly understood to mean any illegal action committed by the user for which the provider and/or ParkNOW! shall be held responsible. 7.7 ParkNOW! and/or Provider shall not be responsible for damages caused by enforcement of the Parking Operators linked to/with ParkNOW!. In case a Parking Operator imposes extra requirements in order to regulate the services, ParkNOW! does not accept any responsibility in the event that the user fails to consider these extra facilities, or fails to do so properly, or if the facilities are deficient.

7.8 ParkNOW! maintains the right to change and to make corrections in the user conditions without prior notice at any time. Such amended user conditions shall come into force from the moment they are stated on the website. Notification of any major changes will be made to customers of ParkNOW! and timely published on www.parknow.mk website

7.9 By using the Service, user agrees to be bound to these kinds of changes. It is thus recommended to regularly review the user conditions on www.parknow.mk in order to determine which current conditions apply.

8. Applicable law and settlement of disputes

8.1 The relevant laws of the Republic of Macedonia shall govern any settlement of disputes. By clicking the I Agree button below, I confirm that I have read through and I understand and accept the Terms and Conditions of the ParkNOW! service. I will lawfully abide to my responsibilities arising from there.