Effective as of 2022-06-01
Pafos Smart Parking application (the Application) is owned and operated by the Municipality of Pafos, based on 28th of October Square, Paphos, 8047, Cyprus (the Municipality or we).
The general terms and conditions are addressed to every natural person who intends to use the Application. The Application’s utility facilitates car parking in certain car parks in the Pafos municipal region, which operates the Smart Parking Systems.
Smart Parking Systems are equipped with sensors highlighting vacant and occupied parking spaces. The Application allows the users to proceed with the parking payments via the Application. It identifies users who are beneficiaries of personalised services/facilities such as People with disabilities, Load and unload parking permissions, residents, mothers accompanying small children, etc.
1.1 All Services are provided under mandatory law and under:
- any individually agreed terms and conditions; and
- these General Terms and Conditions.
- In case of deviation between the following mentioned provisions, they shall take precedent in the abovementioned order.
1.2 The Services are directed to natural persons above 18 years of age.
1.3 By applying for registration with Pafos Smart Parking System (see section 3.2), the Customer agrees and accepts to be bound by these General Terms and Conditions. A binding agreement (the “Agreement”) arises when Pafos Municipality has confirmed the Customer’s registration and obtains access to Pafos Smart Parking Services. These General Terms and Conditions form part of the Agreement between Pafos Municipality and the Customer.
In these General Terms and Conditions, and in connection with the Services, defined terms and expressions shall have the meaning set forth below:
“App” means Pafos Smart Parking mobile phone application;
“Pafos Smart Parking System” means the Pafos Smart Parking System supported by Polis software
“Charging Fee” means the charging fee payable by the Customer to Pafos Municipality through JCC related to a specific Parking Session, corresponding to and being calculated based on the parking time under the relevant Parking Session multiplied by the charging fee generally applied by Pafos Municipality about the relevant parking lot from time to time;
“Parking Service” shall have the meaning set forth in section 3.1.1;
“Parking Session” means a single, continuous parking session ordered by the Customer using the App, during which the Customer’s vehicle is parked at the relevant Parking places in the city of Pafos Municipality;
“Pafos Smart Parking System” shall have the meaning set forth in section 3.1.1, i.e., Pafos Smart Parking System is an electronic system for modern parking and related services to which the Customer obtains access via the App Service and the SMS Service;
“Parking Lot” shall have the meaning set forth in section 4.2.1,
“Parking Service” shall have the meaning set forth in sections 3.1.1 and 3.1.2;
“Parking Session” means a single, continuous-time period ordered by the Customer using the Pafos Smart Parking System, during which will rent a Parking Lot from Pafos Municipality, and such Parking Lot to the Customer;
“Part” and “Parties” mean Pafos Smart Parking System and/or the Customer,
“Parking Fee” means the parking fee payable by the Customer to Pafos Municipality through the App using a 3rd party service from JCC for a Parking Session, corresponding to and being calculated based on the time length of the relevant Parking Session multiplied by the parking fee generally applied by Pafos Municipality about the relevant Parking Lot from time to time;
“Service/-s” shall have the meaning set forth in section 3.1.1;
“SMS Service” means SMS payment service through Cyta and Epic Telecom providers;
Definitions may also be found elsewhere in these General Terms and Conditions.
3 General Terms and Conditions for the Services
3.1.1 Pafos Smart Parking System provides an electronic system for Parking that enables Customers to:
- Administrate parking of vehicles (the “Parking Service”) at Parking Lots, and
- Access additional related services (each an “Additional Service”), such as receiving parking guidance (the “Parking Guidance Service”) and Subscriptions. The Parking Service and the Additional Services and other services provided by Pafos Smart Parking System from time to time are jointly referred to as the “Services.”
3.1.2 The Parking Service includes leasing a relevant Parking Lot for a specific amount of time. When the customer parks a vehicle in a Parking Lot should start a Parking Session via the App. When customers leave the parking lot, they should stop the parking session via the App.
3.1.3 For a more detailed description of the Services, reference is made to the information provided on Pafos Municipality Website from time to time.
3.2 Access to the App Services.
3.2.1 A pre-condition for the Customer to obtain access to the Services is that the Customer registers as a user with the App. The system operator reserves the right to reject an application for registration.
3.2.2 An application for registration can be made only via the App from a mobile device.
In connection with the application for registration, the Customer shall select a Product Package and provide requested information, such as name, email, and for monthly subscriptions, the registration plate number for one vehicle.
Furthermore, the Customer shall select a payment method, register a payment card, or, as applicable, provide other information relevant to the selected payment method.
3.2.3 When the registration has been approved, the Customer is granted a non-exclusive and non-transferable right, which is limited in time and not sub-licensable, to use the Pafos Smart Parking System and thereby the Services under the selected Product Package and the App. The right to use the Pafos Smart Parking System and the App remains during the term of the Agreement and for as long as the Customer has an active user account and discharges its duties under the Agreement (including these General Terms and Conditions).
3.2.4 Once a registration has been approved, the Customer will log in to the App.
3.2.5 Certain Services require that the Customer uses the App and has enabled the function “allow location access” and/or “allow notifications” on its mobile phone or other technical solutions approved in the APP from time to time.
3.2.6 The Customer has the absolute responsibility to provide accurate and valid information to the system, such as the actual unique parking lot number used each time, to start and stop the payment for the correct parking time.
3.3 The Customer’s undertakings and responsibility
3.3.1 The Customer is responsible for procuring that accurate information regarding the Customer and relevant vehicles are registered with Pafos Smart Parking System. Following registration approval, the Customer shall log on to My Pages to verify that the registered information is accurate. Pafos Smart Parking System is under no circumstances liable for incorrect registered details.
3.3.2 The Customer is responsible for ensuring that the payment card registered through the App is valid, not blocked and that the associated account has sufficient coverage. The Customer shall provide Pafos Smart Parking System with relevant information (e.g., through an update in the App) regarding a new payment card by the end of the calendar month preceding the calendar month when the registered payment card expires.
3.3.3 The Customer is responsible for procuring that the Login Credentials are kept and used safely and not disclosed or otherwise made available to any third or unauthorised person.
3.3.4 The Customer shall, without delay, inform Pafos Municipality, as instructed from time to time on the Webpage if:
- the Customer has any reason to believe that an unauthorised person has gained access to or knowledge of the Login Credentials;
- any registered information regarding the Customer has been changed or should be updated; or
- a registered vehicle has been sold, temporarily deregistered, or otherwise will not be used concerning these Services,
- For Pafos Municipality to take appropriate measures, such as blocking the Login Credentials and/or the Customer’s user account or updating the Customer’s registered information. The Customer shall also keep Pafos Municipality notified of any other circumstances of importance to the Agreement and/or the provision of the Services.
3.3.5 In addition to what is set out in the Agreement, the Customer shall comply with any instructions given by Pafos Municipality from time to time.
3.3.6 The Customer is responsible for procuring the mobile phone and functions properly (Sufficient battery energy level at least for the parking duration time, Internet with available mobile data, the Bluetooth of the device active) and is compatible at all times with the latest App version, as applicable.
4 Special terms and conditions for the Parking Service
4.1.1 Through the Parking Service, the Customer can, at a distance, notify Pafos Smart Parking System by using the App of when a Parking Session starts or ends and, if necessary, extend the Parking Session.
4.1.2 The Parking Service may, among other things, be used for residential/permit parking.
For residential/permit parking, the Customer needs a residential/parking permit issued by Pafos Municipality.
4.1.3 In connection with the Parking Service, Pafos Smart Parking System offers certain Additional Services and functions. For example, the Customer will receive a push notification if it has passed a certain amount of time without ending the Parking Session. The Customer is always responsible for completing a Parking Session started via the App Parking Service, irrespectively if the Customer receives a reminder or a push notice.
4.2.1 The Parking Service can only be used at parking lots and within parking areas/zones where a Smart Parking System has been applied. At any given time is specified around the city of Pafos Municipality with a unique 4-digit number.
4.2.2 When using the Parking Service, the Customer shall start a Parking Session by activation via either
- the App;
- the SMS Service;
- To ensure that the Parking Session has started correctly, the Customer shall check that a confirmation of the started Parking Session has been received via SMS when using SMS Service.
4.2.3 If the Customer, using the Parking Service, starts a Parking Session, the Customer shall specify the relevant Parking Lot’s area code. Suppose the Customer uses the App’s positioning function. In that case, the Customer shall procure that the proposed area code matches the area code of the relevant Parking Lot, which is stated on, or adjacent to, the Parking Lot’s parking pay station. (see section 10.2a).
4.2.4 Pafos Smart Parking System provides information regarding the Parking Sessions on App in the “active park” section, and such information is generally stored for at least twelve months.
4.3 The Customer’s undertakings and responsibility
4.3.1 The Customer shall always comply with applicable laws and regulations and the rules and parking conditions established by the Pafos Municipality at any given time or otherwise apply concerning the Parking Lot where a Customer parks the vehicle.
4.3.2 The Customer is responsible for correctly starting the Parking Session by specifying the relevant Parking Lot’s unique code. The Customer is responsible for procuring that the area code specified by the Customer is correct, irrespective of whether the area code has been proposed through the App’s positioning function.
4.3.3 The Customer is responsible for procuring that a started Parking Session is ended.
4.3.4 If the Parking Service, through the App, is unavailable or out of function when the Customer shall park, the customer should use the SMS payment method to pay for the Parking Session.
4.3.5 The Customer is responsible for any parking fines for incorrect parking (which may be notified or collected in connection with parking violations) and the payment thereof. Any parking violation is between the Customer and Pafos Municipality or the police authority. Pafos Smart Parking software Records could be used at Pafos Municipality’s sole discretion and provide information to the disputing parties.
5 Special terms and conditions for the Parking Guidance Service
5.1 Through the Parking Map Service, the Customer can receive indications regarding the available Parking Lots close to the user’s favourite Parking Area through the App’s positioning function.
5.2 The Parking Map Service requires that the Customer uses the App and has enabled the functions “allow location access” and/or “allow push notifications” on its mobile.
5.3 Pafos Smart Parking assumes no liability regarding the App’s positioning function, including a correct indication of available Parking Lots/ close to the user’s destination Parking Area.
5.4 Pafos Smart Parking also assumes no liability for guiding the Customer properly to such a Parking Area. A third-party service provides the Navigation process.
5.5 Furthermore, Pafos Smart Parking has no liability regarding the unavailability of the Parking Area to which the Customer has been directed.
6 Prices and fees
6.1 Prices and fees are available on the Pafos Municipality Website and can be changed from time to time. Pafos Municipality decides the relevant Parking Fees.
6.2 All prices and fees include VAT.
6.3 Pafos Municipality reserves the right to change its prices and fees. Such amendments will become effective no earlier than 30 days after the change announcement.
7 Payment terms
7.1 Payment is made by charging the Customer’s payment card or by the e-wallet.
7.2 The E-wallet is available only for registered users.
7.3 For the E-wallet, the customer performs a payment with a payment card and top-up the e-wallet with a specific amount of money. Then The customer can use this amount of money to pay for the parking time.
7.4 The monthly subscription fee is charged monthly in advance, and it is not refundable.
8 The availability of the Pafos Smart Parking System, intellectual property rights
8.1 The Pafos Smart Parking System is available 24 hours a day, excluding the time necessary for planned interruptions for upgrades, modifications, and maintenance. The Customer acknowledges that software can never be tested in all possible situations and that deviation from agreed functionality and unexpected errors and disruptions may occur. Pafos Municipality reserves the right to update the Pafos Smart Parking System with new functions or technology, security standards, or administrative procedures. Pafos Municipality assumes no liability for any damages or losses arising from the Pafos Smart Parking System not being available, out of function, or containing errors.
8.2 All copyright (including the right to computer programs, source codes, object codes, and algorithms) and other intellectual property rights (including trademarks and patent rights) relating to the Pafos Smart Parking system and Polis software and its contents are owned or licensed by suppliers and partners. No such rights are transferred to the Customer under this Agreement. It is not allowed to use the Pafos Smart Parking System or its contents for commercial purposes. The Customer does not have any right to copy, distribute, sell, publish, transfer, lend, sub-license, modify, or otherwise dispose of or take any action regarding the software. The Customer does not have any right to engage in reverse engineering, decompilation, disassembling, or accessing the software’s source code.
8.3 The Customer shall ensure that all information and materials transferred to the Pafos Smart Parking System are free from damaging elements or source code or malware (viruses, worms, and Trojan horses). The Customer is responsible for the information that makes available via the App, does not infringe any third party’s intellectual property rights, or otherwise is not in conflict with the law, regulation, or the right of others.
8.4 The Pafos Smart Parking System applies standard security measures to protect data. Pafos Smart Parking System is not liable for any data loss or disclosure unless Pafos Smart Parking System has acted with negligence.
9 Pafos Municipality liability
9.1 Pafos Municipality aggregate liability shall in no event exceed an amount equivalent to the social insurance base amount by Cypriot Social Insurance Base Regulations, except if Pafos Smart Parking System has acted wilfully or grossly negligent.
9.2 Pafos Smart Parking System is not liable for any damage or loss incurred by the Customer caused by:
- the Customer’s fault or negligence, including that the Customer has not correctly started or ended a Service (irrespective of whether the Customer has selected to receive a reminder or a push notice from Pafos Smart Parking System), the Customer not having assimilated information provided, or the Customer has specified the wrong code about the relevant Parking Lot when starting a Parking Session (irrespective of whether the Customer has stated such area code manually or after a proposal made by the positioning function in the App); the Customer not having discharged its duties under this Agreement or otherwise not complied with Pafos Smart Parking System instructions;
- the Customer having parked its vehicle in violation of applicable laws, regulations, and/or rules and parking conditions established by the relevant traffic code or which are otherwise applicable to the Parking Lot where the Customer parks the vehicle; error or insufficient functionality relating to the Customer’s telephone, mobile phone or other technical equipment (such as the equipment being switched off or having a discharged battery or no internet access);
- failure, disruption or delay in telephone, Internet, or other communication networks, or any telecommunication operator’s actions or omissions affecting the Services’ functionality or its availability;
- Pafos Smart Parking System has cancelled the Service due to reasons that prove to be incorrect, but which Pafos Smart Parking System had reason to believe were correct at the time of the cancellation and which justified the cancellation;
- disruption in or inadequate access to one or several Services which Pafos Smart Parking System could not reasonably have foreseen;
- An available Parking Area by Pafos Smart Parking System but not being available when the Customer arrives there;
- unauthorised use of the Login Credentials and/or the Services, or
- Force Majeure (see section 14).
9.3 d) Pafos Smart Parking System is not liable for direct or indirect damages, e.g., loss of profits. Pafos Smart Parking System is not responsible for any damages concerning the Customer’s relationships with any third party.
10 The Customer’s liability
10.1 The Customer shall indemnify and hold Pafos Smart Parking System harmless against any damages or losses suffered by Pafos Smart Parking System due to the Customer’s fault or negligence, the Customer not having discharged its duties under the Agreement, or otherwise not complying with Pafos Smart Parking System instructions.
10.2 The Customer shall indemnify and hold Pafos Smart Parking System harmless against any third-party claims against Pafos Smart Parking System, which are a direct or indirect consequence of the Customer’s use of any Service.
10.3 The Customer shall indemnify and hold Pafos Smart Parking System harmless against any claims, other than rental fees, from Pafos Municipality.
11.1 In case of a defective Service or an irregular charge, the Customer shall submit a written complaint to Pafos Municipality customer service. At the latest, within 60 days from when the Customer became, or should have become, aware of the applicable irregular fee.
11.2 Complaints regarding erroneous Parking Fees or Charging Fees are handled and decided upon written request to Pafos Municipality. If and when such a complaint is approved, Pafos Municipality shall compensate the Customer with the relevant amount at the latest within 60 days from the complaint approval. If the complaint is rejected, Pafos Municipality shall notify the Customer of the outcome of the handling of the complaint and motivate the decision.
11.4 Pafos Municipality has the right to immediately suspend the Customer’s access to the Services, cancel the Customer’s user account and/or terminate the Agreement with immediate effect if:
- the Customer is in material breach of any of its undertakings under the Agreement;
- the Customer does not fulfil, or there is a reasonable reason to assume that the Customer will not fulfil, its payment obligations in relation to Pafos Municipality;
- the Customer uses the Pafos Smart Parking System or any Service in violation of the Agreement or in a way which may be detrimental or cause damage to Pafos Municipality or any third party;
- the Customer has provided incorrect, incomplete, or misleading information, or
- Based on an overall assessment, Pafos Municipality considers it likely that the Customer may be involved in, or linked to, criminal activity.
11.5 If pays in full a fixed monthly fee, it is the Customer’s responsibility to terminate the Agreement if its registered vehicle has been sold, is temporarily deregistered, or otherwise will not be used. Pafos Municipality has no obligation to verify that the Customer has registered a car that has not been temporarily deregistered.
11.6 Termination of the Agreement shall be made in writing.
11.7 Termination of the Agreement (for whatever reason) shall not affect any rights and obligations incurred by a Party before the date the Agreement is terminated.
12 Right of withdrawal
By the Directive 2011/83/EU of 25 October 2011 relating to consumer rights and the right to cancel in distance contracts and off-premises sales, the Customer has a right to withdraw from the Agreement by notifying Pafos Municipality customer service within 14 days from approved registration.
13 Force Majeure
Pafos Municipality shall not be responsible or liable for failure or delay in carrying out the terms of this Agreement resulting from any cause or circumstance beyond software reasonable control, including, but not limited to, fire, flood or other natural disasters, acts of war, terrorist actions, labour conflicts, failure, disruption or delay in telephone, Internet or other communication network, restrictions in the general traffic, accident, explosion, disturbances, legislation or measures taken by governmental authority.
Neither Party shall disclose confidential information regarding the other Party without the other Parties consent. However, the Customer acknowledges and consents to Pafos Smart Parking System to share information regarding the Services and their usage with third Partners to discharge its duties about the provided services. Furthermore, the Customer acknowledges and agrees to Pafos Smart Parking System reporting any misuse of the Services, illegal activities, fraudulent or inappropriate behaviour, and suspicions thereof to the police or any other competent authority to process personal data.
14.1 Personal data is processed and handled by the EU regulation 2016/679 of 27 April 2016 on the protection of natural persons about the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) Pafos Municipality shall, about such personal data which Smart Parking software processes, adhere to its obligations under personal data legislation.
14.2 Pafos Smart Parking System registers and processes data regarding the Customer, including the Customer’s name, email address, vehicle registration number, and transaction information. Personal data that may be subject to processing mainly constitutes information that the Customer, directly or indirectly, furnishes to Pafos Smart Parking System in connection with the registration and the use of these Services.
14.3 Pafos Smart Parking System will process the Customer’s data for purposes such as administration of the Services, discharging Pafos Smart Parking System duties under applicable laws, regulations, and public authority decisions, and sending information to the Customer (e.g., via email)
14.6 Each natural person has, upon request, the right to receive information about the processing of personal data concerning such person, free of charge one time per calendar year. Upon notification from the Customer or on its initiative, Pafos Smart Parking System will correct any data found to be incorrect.
15 Amendments, assignment
15.1 Pafos Smart Parking System reserves the right to amend these General Terms and Conditions. In such case, Pafos Smart Parking System shall promptly inform the Customer and make the new version of the General Terms and Conditions available to the Customer. Should the Customer continue to use the Services, the Customer shall be deemed to have accepted the amendments.
15.2 The General Terms and Conditions applicable from time to time are available on the Pafos Municipality Website.
15.3 Pafos Smart Parking System has the right to assign, in full or in part, its rights and/or obligations under the Agreement without the Customer’s consent. Furthermore, Pafos Smart Parking System has the right to employ sub-contractors to discharge its duties under the Agreement.
15.4 Without Pafos Smart Parking System’s prior written consent, the Customer may not assign its rights and/or obligation under the Agreement.
16.1 The Agreement constitutes the entire agreement between the Parties regarding the Agreement’s issues.
16.2 The Parties agree that, should any provision of the Agreement be held invalid or unenforceable, such provision and the other terms and conditions of the Agreement shall apply to the extent allowed.
17 Applicable law and disputes
17.1 The Agreement shall be governed by and construed in accordance with Cypriot substantive law.
17.2 Any dispute, controversy, or claim arising out of or in connection with the Agreement, or the breach, termination, or invalidity thereof, shall primarily be solved by voluntary agreement between the Parties. If the Parties cannot reach an agreement, the dispute may, at the Customer’s request, be considered by the Cyprus Consumers Association. Cypriot courts may also settle a dispute with the Pafos District Court as the court of the first instance.
17.3 This section shall survive the termination of the Agreement.
18 Customer service
Pafos Smart Parking System customer service answers questions regarding the Agreement and the Services provided by Pafos Municipality