1 ABOUT US

1.1 Evology is transforming everyday journeys, making it easier for you to get from A to B and trying to do our bit to protect the planet in the process. We exist to make life easier. That could be giving you more choice on how to pay for your parking or making sure you have somewhere to charge your car.

1.2 Evology is a trading name of Parkingeye Limited and its subsidiaries. The party you contract with will depend upon which country you are based in when you create an account with us and / or which country you are located in when wishing to use our services.

The following companies form part of the Parkingeye group of companies that trade as Evology and will be contracting entities for the provision of Evology Services:

Country	Name of entity	Company number	Registered address
UK	Parkingeye Limited	5134454	40 Eaton Avenue, Buckshaw Village, Chorley, Lancashire, PR7 7NA
Germany	Parking Solutions Deutschland GmbH	HRB 262845	Münchner Straβe 24, 85774 Unterföhring, Deutschland
Denmark	Parking Solutions Danmark ApS	42325864	Slotsmarken 10-18, 2870 Horsholm, Danmark
Austria	Avantpark Parking Solutions Österreich GmbH	FN 580916p	5th Floor, ezone office building, Walcherstr. / Ernst Melchior Gasse 20-24, 1020 Vienna

Within these terms and conditions, all of the above contracting entities are referred to as “Evology”, “we”, “us” and “our”.

1.3 If you think the Evology Apps, the Evology Websites or the Evology Services are faulty or misdescribed or if you wish to contact us for any other reason, please contact Evology Customer Services by emailing [email protected].

2 YOUR AGREEMENT WITH US

2.1 These Evology Terms and Conditions, together with the Evology EULA , the Evology Privacy Policy , the Evology Cookie Policy and any other terms referred to within them govern your use of:

2.1.1 the Evology Apps;

2.1.2 the Evology Websites; and

2.1.3 any of the Evology Services as defined at clause 3 below,

(together, “Evology Terms of Use”), to the exclusion of any other terms and conditions. You acknowledge and agree that the Evology Terms of Use constitute the entire agreement between you and us relating to this subject matter, and any prior representations, understandings, agreements and/or commitments concerning this subject matter, regardless of whether they are oral or written, are terminated and superseded in their entirety and are therefore of no further force or effect.

2.2 Please read through these Evology Terms and Conditions carefully as they set out further rights and obligations that we have towards each other. We highly recommend that you save and keep a copy for your records. We reserve the right to change any of the Evology Terms of Use at any time.

2.3 You may only proceed to use the Evology Apps, the Evology Websites and/or the Evology Services if you are happy with and agree to, all of the Evology Terms of Use. If you are not happy with and do not agree to, all of the Evology Terms of Use, please do not use the Evology Apps, the Evology Websites or the Evology Services. By proceeding to register an account on or in any way make use of, the Evology Apps or the Evology Websites including but not limited to, accessing or browsing on them regardless of whether or not you purchase the Evology Services, you agree to be legally bound by the Evology Terms of Use. We may engage payment service providers and parking facility providers which you may have access to via their website or app when making use of the Evology Services, however despite this, any agreement entered into by you shall be with us directly, and the Evology Terms of Use form the basis of that agreement.

2.4 By creating an account with us and each time you purchase any of the Evology Services, you will be deemed to have accepted the Evology Terms of Use to the exclusion of any other terms and conditions, and at that point a contractual agreement will come into existence between you and us. If you use the Evology Services in a country different from that in which you created your account, you will also have a contract with the contracting entity in that country.

2.5 Please note that further terms and conditions may apply to the use of different functionality within the Evology Websites and for any separately hosted functionality.

2.6 Where the Evology Websites or Evology Apps contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

2.7 The Evology Services are not intended for use by people under the age of 18. Please inform Evology Customer Services immediately if anyone under this age is making use of the Evology Services by emailing [email protected]. We will verify that information and disable the relevant account, if we consider it necessary.

3 EVOLOGY SERVICES

We are the provider of:

3.1 the following parking services designed for your convenience eliminating the need for you to search around for change, queue, access terminals or use payment kiosks and physically obtain a parking ticket:

3.1.1 “Evology Pay to Park” – Enables you to pay for parking or even extend your stay at a Car Park; and

3.1.2 “Evology PayAfter” – Allows you to pay for parking after you leave a Car Park if paying for parking at the time is difficult, for example, because you have young children with you or are in a rush. The permitted period for payment will be set out on the signage at the Car Park;

(together, being “Evology Parking”); and

3.2 “Evology Charging” – Enables you to charge your Electric Vehicle’s battery using electricity supplied from a Charge Point situated at a Designated Charging Bay,

(Evology Parking and Evology Charging together being, the “Evology Services”).

4 EVOLOGY ACCOUNT ACTIVATION AND REGISTRATION

4.1 To create an Evology account after downloading and installing the Evology Apps, some basic information will need to be provided to us about you. All such information must be true and you must not misrepresent your identity to us. Please rest assured that all information we retain about you will be processed in accordance with the Evology Privacy Policy.

4.2 When we have received the required information to set up your Evology account, in order to verify that we have received a valid email address, we will send you an activation email to the email address supplied. Please note that your Evology account will not be activated until you click on the link contained within that email.

4.3 Once your Evology account has been activated, you will be asked to provide further information necessary to enable you to make use of the Evology Services including your Vehicle registration and whether or not you wish to receive SMS notifications from us.

4.4 Until this information has been provided and submitted to us, your Evology account will not be registered and certain Evology Services may not work.

4.5 Your Evology account will remain open until you close it in accordance with clause 6 or we close it in accordance with these Evology Terms and Conditions, for example, if your Evology account contains false information.

5 EVOLOGY ACCOUNT ADMINISTRATION

5.1 You are solely responsible for maintaining the confidentiality of your Evology account username and password ("Login Details") and for restricting access to your computer to prevent unauthorised access to your Evology account. You must keep your Login Details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them. You must not disclose your Login Details to any other person or record your Login Details in any way that may result in them becoming known to another person. You should inform us immediately if you have any reason to believe that your Login Details have become known to anyone else, or if the Login Details are being, or are likely to be, used in an unauthorised manner.

5.2 You agree to accept responsibility for all activities and to be liable for all activities and transactions that occur on your Evology account made by any person you authorise to use your Evology account. We and the relevant Car Park Providers will consider such activities and transactions to be authorised by you.

5.3 If your Login Details are compromised or your phone or device is lost or stolen, or any Vehicle registered to your Evology account is stolen, your Evology account will continue to operate as normal until you report the disclosure, loss or theft to us. You should therefore report any disclosure, loss or theft to us immediately by emailing [email protected]. If you fail to do so, you may suffer further loss which could have been avoided had you acted sooner. In such circumstances we may immediately restrict, suspend or close your Evology account upon finding out in order to mitigate your losses.

5.4 You must notify us if you are unable to access your Evology account to make any changes to your contact details including without limitation, a change of email address or telephone number, or Vehicle(s) registered to your Evology account.

5.5 You understand that it is your responsibility to keep your Evology account details accurate and up to date, specifically the Vehicle(s) registered to your Evology account. If you do not do so, you risk a failed payment and you must make alternative arrangements to pay for any Parking Tariffs with the Car Park Provider.

5.6 You understand that you will continue to be liable for all charges associated with the Vehicle(s) registered to your Evology account whether you are the Driver or not, if you have not removed the respective Vehicle from being registered to your Evology account.

5.7 We will contact you with updates about your Evology account using the email address given in your Evology account.

5.8 We reserve the right to suspend, withdraw, amend, or terminate operation of your Evology account either in whole or in part, at any time and we will use reasonable endeavours to provide prior notification to you of such events.

5.9 It is your responsibility to regularly check for email notifications from us and to ensure that emails from us are not sent to a junk mail folder.

5.10 Any changes relating to your Evology account will be notified to you via SMS or email no less than 30 days prior to such changes being implemented. If you do not agree to such changes, you should close your Evology account in accordance with clause 6.1 prior to such changes taking effect.

6 CLOSURE OF YOUR EVOLOGY ACCOUNT

6.1 You may close your Evology account any time by contacting us through your Evology account settings. Your cancellation will not become effective until we have notified you that your Evology account has been cancelled.

6.2 We may restrict, suspend or close your Evology account in the following circumstances:

6.2.1 as more particularly set out in clause 5.3;

6.2.2 if you or anyone associated with your Evology account is in breach of any of the provisions of the Evology Terms of Use;

6.2.3 if you or anyone associated with your Evology account or any Vehicle(s) registered to, your Evology account continually abuse or contravene the Car Park Terms and Conditions at any of the Car Parks;

6.2.4 if you fail to pay any Transaction Charges;

6.2.5 if we reasonably believe that you or anyone associated with your Evology account, your Evology account or the payment card registered to your Evology account poses a significant fraud or credit risk;

6.2.6 if you provide any information that we cannot verify;

6.2.7 if we reasonably suspect the payment card registered to your Evology account could be being used without authorisation including but not limited to, where the name on that payment card does not match the name of the Evology account holder or where there are any suspicious spending patterns;

6.2.8 if we reasonably suspect that you or anyone associated with your Evology account are disputing any charge made to the payment card registered to your Evology account (this is known as a “Chargeback”) disingenuously, in order to reverse the charge and have the payment returned; or

6.2.9 if you fail to pay any amounts due under your Evology account by the due date for payment.

6.3 Termination of your agreement with us shall not affect any of your or our rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of your agreement with us which existed at the date of termination.

6.4 Please note if we choose to restrict, suspend or close your Evology account, this does not limit or exclude any other remedies we may have if you breach the Evology Terms of Use.

7 UNAUTHORISED USE

7.1 If you are not the Evology account holder and do not have the permission of the Evology account holder, the owner of the relevant Vehicle registered to an Evology account or the Driver who will be using the relevant Vehicle registered to an Evology account, please do not proceed to use the Evology Services.

7.2 If you are using the Evology account for and on the behalf of any other person, you must have their permission to provide their personal information, make an application, complete/view transactions in their name and view details of payments made in respect of Parking Instances where you were not the Driver.

8 VEHICLES

For each Vehicle registered by you with Evology, you confirm that you are either:

8.1 the Driver; or

8.2 have the permission of the Driver to receive their information,

in respect of each Parking Instance.

9 CAR PARKS

9.1 The Car Parks on Evology are owned or managed by third parties (“Car Park Providers”) with whom we have a contractual relationship, not by us. It is the Car Park Providers that make their Car Parks available to you via the Evology Platform. We own and operate the Evology Platform.

9.2 Please carefully read the Car Park Terms and Conditions upon entering a Car Park as they vary from Car Park to Car Park, and ensure you abide by them including without limitation, the payment of any Parking Tariffs in accordance with any signage. Parking Tariffs are not set by us but by the Car Park Providers.

9.3 The Car Park Terms and Conditions form the basis of your contract with the Car Park Provider (“Parking Contract”). Evology is not a party to any Parking Contract; we and any payment processor only facilitate payments of Parking Tariffs to Car Park Providers due under a Parking Contract.

9.4 If you are in breach of or otherwise fail to comply with, the Car Park Terms and Conditions which apply at a Car Park, you will be breaching the terms of your Parking Contract and may face enforcement action. Each Car Park Provider is ultimately responsible for dealing with any claims or other issues arising out of any Parking Contract entered into with it.

9.5 The location of Car Parks near to your location are provided as general guidance only. You should always check the signage at the Car Parks and confirm the actual location and availability prior to making payment, where possible.

9.6 In the event of any conflict between any information provided by the Evology Apps or the Evology Websites and the Car Park Terms and Conditions at any Car Park including on any signage, the latter shall prevail.

9.7 It is your sole responsibility to ensure you:

9.7.1 enter the location number correctly;

9.7.2 enter your Vehicle registration correctly;

9.7.3 enter your payment and any other required details correctly;

9.7.4 where applicable, have properly and fully activated the Parking Instance before leaving any Vehicle registered to your Evology account unattended at any Car Park; and

9.7.5 verify the Parking Tariffs applicable at any Car Park to a Parking Instance before making payment,

and, should you fail to do so, we shall not be liable for any enforcement action taken against you for breaching a Parking Contract due to your failure to adhere to any Car Park Terms and Conditions.

9.8 We are not responsible for maintaining the surface or any property at any Car Park, other than any equipment that is owned by us. We are also not responsible for any events that occur at any Car Park except where caused by us or our equipment. We therefore cannot warrant that any particular Car Park is suitable for you or your Vehicle’s requirements. You agree to take all reasonable measures when choosing a Car Park and do so at your own risk.

9.9 Your Vehicle shall be parked in the Car Parks at your own risk. We are not responsible for ensuring and in no way guarantee that, any Car Park is a secure environment and we are not liable for any loss or damage to your Vehicle or any possessions within it.

9.10 Where our equipment in any Car Park is damaged by you or your Vehicle, we will seek to recover the costs of repair and any other associated costs from you.

9.11 You understand that we cannot guarantee you a Parking Space at any Car Park.

9.12 We reserve the right to amend or remove the availability of any of the Car Parks on the Evology Apps and the Evology Websites without notice.

10 PAYMENT

10.1 You are responsible for all applicable charges, fees and taxes arising from or in connection with, your use of the Evology Services including, without limitation, those of any payment provider of any method of payment that you use to pay for Evology Services. You will need to adhere to the terms and conditions of any such payment provider in order to use their method of payment.

10.2 You are required to pay any applicable Transaction Fee for each Parking Instance when using Evology Parking, in addition to the Parking Tariff and any SMS Notification Fees applicable where you choose to receive SMS notifications from us. For example, if you want to receive an SMS receipt and/or for us to send you a reminder by SMS when your Parking Period is about to expire (the Transaction Fee, the Parking Tariff and any SMS Notification Fees together being, the “Transaction Charges”). An itemised breakdown of the payment required for each Parking Instance shall be displayed to you before making payment including any applicable VAT.

10.3 The cost borne by you for parking is dependent on a number of varying factors such as the costs imposed by any payment processor, the Parking Tariffs required by each Car Park Provider, the location of a Car Park, whether your chosen Parking Instance is during on-peak or off-peak hours, the availability of any discounts or the occurrence of any promotions, amongst other things. The cost of parking may therefore vary from time to time and is not within our control. You appreciate and understand that the Evology Apps and the Evology Websites are, whilst updated regularly, not updated in real time and there may be some delay to reflect any such variations.

10.4 You are also solely responsible for all applicable, charges, fees, costs and taxes you incur arising from or in connection with, use of any mobile phone and/or handheld device used by you to access the Evology Apps, the Evology Websites and/or the Evology Services including without limitation, all call, SMS and data tariffs whether or not your usage remains within the limits of any allowances permitted by your service provider.

10.5 The Evology Websites and Evology Apps allow you to make payment using different currencies. It is your responsibility to select the most appropriate currency for you and we accept no responsibility or liability for any additional costs or charges you may incur as a result of making payment to us through your choice of currency.

11 COMPLAINTS AND REFUNDS

11.1 If you genuinely dispute any charge made to the payment card registered to your Evology account, for example because you are certain that you have been charged in error, please contact Evology Customer Services by emailing [email protected] as soon as possible, making sure you include the following information:

11.1.1 your first name, surname, and the username and email address registered to your Evology account;

11.1.2 details of the disputed transaction including any disputed amount;

11.1.3 the reason(s) why you dispute it; and

11.1.4 any relevant documentation such as receipts or photographs.

11.2 If you wish to claim a refund for parking, you must do so within 14 days of the relevant Parking Instance. Any refund may take up to 5 working days to arrive in the account of the payment card you used to make the original payment.

11.3 If you experience any problems at a Car Park, we may, should we consider it appropriate, put you in touch with the relevant Car Park Provider as all disputes with Car Park Providers should be resolved by exhausting their complaints procedures in the first instance.

11.4 If you experience any problems with the Evology Platform, please contact Evology Customer Services by emailing [email protected] as soon as possible and we will do what we can to help.

12 QUALITY AND AVAILABILITY

12.1 Subject to the remaining provisions of this clause 12 and clause 21, we warrant that the Evology Services shall be performed with reasonable care and skill and in accordance with all applicable law.

12.2 The Evology Services are provided to you on an “as is” basis for general use by all of our customers. The information on the Evology Apps and/or the Evology Websites has been included in good faith but is for general information only and should not be relied on for any specific purpose. No representation or warranty is given as regards to the accuracy of the information on the Evology Apps or the Evology Websites and there shall be no liability, except where this cannot be limited by law, for any loss, damage or expense arising in contract, tort or otherwise out of any reliance on information contained on the Evology Apps or the Evology Websites, access to, use of or inability to use, the Evology Apps or the Evology Websites or in respect of your Evology account. You agree that your use of the Evology Apps, the Evology Websites and the Evology Services is at your own risk.

12.3 We will make all reasonable attempts to ensure the availability of the Evology Apps, the Evology Websites and the Evology Services. Please note, we cannot guarantee that your use of the Evology Apps, the Evology Websites and/or the Evology Services will be uninterrupted or error-free. For example, if there is a problem with the internet connection, if a power cut occurs whilst you are using a Charge Point or in the unlikely event of a System Failure.

12.4 You acknowledge and accept that our software may, from time to time, be subject to limitations, delays and other problems inherent in the use of such technology including but not limited to, Vulnerabilities and Viruses maliciously inflicted or otherwise. We will make all reasonable attempts to prohibit Vulnerabilities and Viruses from the Evology Apps, the Evology Websites, the Evology Services and any electronic communications but cannot guarantee this. You agree to download or access information at your own risk and should take appropriate steps to prevent damage to your systems.

12.5 We may also have to suspend or restrict use of the Evology Apps, the Evology Websites and/or the Evology Services to:

12.5.1 deal with technical problems or make minor technical changes;

12.5.2 allow for repairs/maintenance;

12.5.3 update them where necessary, to reflect changes in relevant laws and regulatory requirements,

12.5.4 make changes in order to introduce new facilities, features or services or otherwise,

however, we will make all reasonable attempts to limit the frequency and duration of any disruption to you.

12.6 We reserve the right to change or withdraw any of the Evology Services at any time in future.

12.7 Except as expressly and specifically provided in these Evology Terms and Conditions, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from your agreement with us.

13 YOUR OBLIGATIONS

13.1 You must:

13.1.1 provide us with such information as we may reasonably require in order to supply Evology Services and ensure that it is accurate, up-to-date and complete; and

13.1.2 co-operate with us in all matters relating to the Evology Services.

13.2 You confirm that you will not use the Evology Apps or the Evology Websites for any unlawful purpose including:

13.2.1 posting material containing any virus or interfere with the operation of the Evology Apps and/or the Evology Websites;

13.2.2 attempting to decipher, or modify any of the software, coding or information comprised in the Evology Apps or the Evology Websites;

13.2.3 providing false, inaccurate or misleading information;

13.2.4 breaching any applicable laws, regulations, licences or third party rights; or

13.2.5 purposely intercepting, accessing without authority or expropriating any system, data or personal information, other than in accordance with Data Protection Laws.

13.3 It is your responsibility to ensure the safety of your Vehicle and any items stored in your Vehicle, each time you visit a Car Park.

13.4 You must also fulfil the following obligations:

13.4.1 obtain and maintain all necessary licences, permissions and consents required for your Vehicle and for you to lawfully operate your Vehicle;

13.4.2 to ensure that your Vehicle is parked wholly in the Parking Space without obstructing any adjoining or nearby Parking Spaces, other vehicles or property;

13.4.3 not to park your Vehicle in a Parking Space designated for a specific purpose when you are not entitled to do so such as parking in a space designated for disabled persons without displaying an appropriate disability badge;

13.4.4 not to do anything or permit anything to be done in a Car Park which is or may become a nuisance, damage, annoyance, inconvenience or disturbance to any person;

13.4.5 not to conduct any illegal, business or commercial activity in or from, a Car Park; and

13.4.6 not to use a Parking Space for any purpose other than for parking.

13.5 You must also comply with the additional obligations set out in clause 14.1 when using Evology Charging.

14 EVOLOGY CHARGING

This section of these Evology Terms and Conditions applies to you when you use a Charge Point on a “pay as you go” ad-hoc basis as an individual consumer and not as a member of any particular organisation, group or business.

14.1 Your Additional Obligations

In addition to the obligations at 13, you must also fulfil the following obligations when using Evology Charging:

14.1.1 ensure your Electric Vehicle is compatible for use with a Charge Point before attempting to connect (we do not warrant that Evology Charging will meet your Electric Vehicle’s specific requirements or produce any particular result; it is your sole responsibility to check with your Electric Vehicle manufacturer as to whether or not your Electric Vehicle is compatible for use with the Charge Point);

14.1.2 use the Charge Points and all other equipment located at the Designated Charging Bays safely and responsibly and in accordance with our instructions;

14.1.3 only park in a Designated Charging Bay for such time that you actually use a Charge Point to charge your Electric Vehicle and immediately remove your Electric Vehicle from the Designated Charging Bay as soon as you have finished charging;

14.1.4 comply with all parking restrictions applicable at the Designated Charging Bays; and

14.1.5 ensure that you do not obstruct or unnecessarily delay others from using Evology Charging.

14.2 Payment

14.2.1 In consideration for Evology providing Evology Charging to you, you shall pay the EV Charges to Evology using the EV Card Payment System which shall include:

14.2.1.1 any card payment fees and transaction fees; and

14.2.1.2 where applicable, any taxes, which shall be separately itemised.

14.2.2 The display on the Charge Point will let you know the value of the EV Charges when you have finished charging your Electric Vehicle.

14.2.3 Please note, once you have actioned payment, it can take up to 72 hours for the EV Charges to be withdrawn or to be reflected as withdrawn, from your credit or debit account.

14.2.4 Receipts are available by scanning the QR Code at each Charge Point or through the Evology Charging app including on www.evologyparking.com/charging.

15 USE OF ELECTRONIC COMMUNICATIONS

When you use the Evology Apps or the Evology Websites or send e-mails, text messages or other communications to us, you are communicating with us electronically. We, our agents and sub-contractors, will communicate with you electronically in a variety of ways, such as by e-mail or by posting e-mail messages or communications on the Evology Apps, the Evology Websites or via SMS messaging facility. For contractual purposes, you consent to receiving communications from us, our agents or sub-contractors electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

16 MARKETING AND PROMOTIONAL PREFERENCES

16.1 If, as part of your Evology account registration, you have consented to receive marketing communications, we may send you administrative and promotional messages by your selected method (in-app, email, SMS, telephone and/or post). We may also send you information regarding your Evology account activity and transactions, as well as updates about the Evology Apps, the Evology Websites, the Evology Services and other promotional offers.

16.2 You can opt-out of our marketing communications at any time by changing the marketing preferences on your Evology account. Additionally, you may opt-out of promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence and in respect of SMS messaging you may follow the unsubscribe instructions provided in each SMS.

17 INTELLECTUAL PROPERTY RIGHTS

17.1 All content included in or made available through the Evology Apps, the Evology Websites or as part of any communications from or with us in respect of a Evology account such as text, graphics, logos, button icons, images and data compilations is the property of us or content providers and is protected by copyright and any other intellectual property rights subsisting in it, save where expressly stated. The copying or reproduction of the whole of any part of the Evology Apps, the Evology Websites or any communications from us to an Evology account holder in any form, including electronic media, is expressly prohibited.

17.2 You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in the Evology Apps, the Evology Websites and the Evology Services and we retain all such Intellectual Property Rights including without limitation, in respect of the Charge Points and EV Card Payment Systems. This includes any developments, derivatives, enhancements, updates, new versions, modifications or otherwise, even if these were based upon your recommendations. Save to any extent set out in these Evology Terms and Conditions, you shall have no implied or express right to the ownership of any Intellectual Property Rights in the Evology Apps, the Evology Websites or the Evology Services.

17.3 You may download or copy your own personal account information for your own personal use only and use any interactive features on the Evology Apps and the Evology Websites.

17.4 We shall grant to you a limited, non-transferable, non-exclusive, revocable licence to use the Intellectual Property Rights in the Evology Apps, the Evology Websites and the Evology Services to the extent required to enable you to make personal use of the Evology Services in accordance with the Evology Terms of Use only. This licence shall be conditional upon you not, either directly or indirectly via any other person, doing any of the following:

17.4.1 using the Evology Apps, the Evology Websites and/or the Evology Services for any commercial or re-sale purpose;

17.4.2 collecting, copying, reproducing, storing or providing to any third party any content or prices on the Evology Apps or the Evology Websites;

17.4.3 sharing, transferring, sublicensing, leasing, renting, selling, distributing or otherwise exploiting the Evology Apps, the Evology Websites, the Evology Services and/or any of your rights under these Evology Terms and Conditions;

17.4.4 creating any derivatives based upon the Evology Apps, the Evology Websites, the Evology Services or their contents without our prior written consent;

17.4.5 attempting to discover and/or access the underlying source code and/or algorithms of the Evology Apps, the Evology Websites and/or Evology Services or any part or component thereof for any purpose;

17.4.6 using any data gathering and extraction tools including without limitation, robots or data mining;

17.4.7 modifying, adapting, translating, copying, duplicating, disassembling, decompiling, reverse assembling, reverse compiling, reverse engineering or taking any similar course of action with respect to the Evology Apps, the Evology Websites and/or the Evology Services or any part or component thereof for any purpose; or

17.4.8 otherwise contravening any other provisions of the Evology Terms of Use,

and your licence shall automatically terminate upon any unauthorised use by you in breach of this clause 17.4.

17.5 Evology confirms that it has all the rights in relation to the Evology Apps, the Evology Websites and the Evology Services that are necessary to grant all the rights it purports to grant to you under, and in accordance with, the Evology Terms of Use.

17.6 Please note, if you infringe any of the Intellectual Property Rights in the Evology Apps, the Evology Websites or the Evology Services, you shall be liable for any damages that result from such infringement.

17.7 Save to any extent not permitted by law, you grant to us a perpetual and irrevocable right to use any communications posted by you publicly on the Evology Apps or the Evology Websites immediately upon transmission including but not limited to, any text, pictures, audio clips, videos, graphics and/or other material.

17.8 Our Intellectual Property Rights in the Evology Apps, the Evology Websites and/or the Evology Services may not be used:

17.8.1 in association with any third party brands, products or services;

17.8.2 be misrepresented in any way that could mislead the public; or

17.8.3 in any way that may damage Evology’s reputation and/or brand.

18 DATA PROTECTION

18.1 We are committed to protecting your privacy. We will only collect, store and use your personal information in accordance with Data Protection Laws which may include disclosure of your personal information to third parties from time to time such as prudently selected merchant affiliates and service suppliers (e.g. payment processors) that help us to provide the Evology Services to you.

18.2 For further information, please review the Evology Privacy Policy which sets out our commitment to maintaining and protecting your personal information. You agree to us using your personal information in accordance with the Evology Privacy Policy.

19 COMMUNICATIONS

Certain laws require that some communications or information we send to you should be in writing. By providing us with your email address, you agree to this electronic means of communication, and you acknowledge and agree that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communication be in writing. You must send any notices required to be given by you in writing and to our registered office address, details of which are set out above.

20 YOUR LEGAL RIGHTS

Nothing in these Terms and Conditions shall take away or modify any of your legal rights or entitlements.

21 LIMITATION OF LIABILITY

21.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so including for:

21.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

21.1.2 fraud or fraudulent misrepresentation of our employees, agents or subcontractors;

21.1.3 breach of any mandatory legal rights given to you as a consumer, which cannot be contracted out of by law including our obligation to perform the Evology Services in accordance with clause 12.1; or

21.1.4 to any other extent not permitted by law.

21.2 Subject to clause 21.1 and to the fullest extent permitted by law, we shall not, and our agents and sub-contractors shall not, be responsible for any loss or damage that:

21.2.1 was not foreseeable (loss or damage is foreseeable if either it is obvious that it will happen or if at the time the contract was made, both we and you knew it might happen);

21.2.2 is a result of any delay or failure to comply with our obligations where such delay or failure arises from any cause which is beyond our, and that of our employees, agents and/or sub-contractors’ reasonable control (if there is a risk of substantial delay, you may cancel the Evology Services that you have already paid for but not received and receive a full refund); and

21.2.3 is not caused by any breach on our part or that of our employees, agents or sub-contractors including without limitation, where it is a result of:

21.2.3.1 your failure to abide by or fulfil your obligations under, the Evology Terms of Use;

21.2.3.2 your failure or inability to use the Evology Apps, the Evology Websites and/or the Evology Services correctly or follow our instructions including without limitation, when connecting or disconnecting to a Charge Point and undercharging or overcharging your Electric Vehicle when using Evology Charging;

21.2.3.3 any errors or omissions in any information, instructions or documentation provided by you to us;

21.2.3.4 any actions taken by us at your insistence or direction;

21.2.3.5 your failure to comply with applicable law; or

21.2.3.6 property damage caused by you or your Vehicle.

21.3 THIS CLAUSE 21.3 ONLY APPLIES IF YOU ARE NOT A CONSUMER

Subject to clause 21.1, to the fullest extent permitted by law, we shall not and our employees, agents and sub-contractors shall not, be responsible for any business loss or damage including without limitation, for any special, indirect or consequential loss, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of contracts, loss of anticipated savings, loss of enjoyment, loss of data, loss of goodwill or for any wasted expenditure.

22 INDEMNIFICATION

You agree to fully reimburse us, in respect of all losses, actions, claims, demands, liabilities and reasonable costs and expenses suffered or incurred by us, as a result of:

22.1 your failure to abide by or fulfil your obligations under, the Evology Terms of Use;

22.2 your failure or inability to use the Evology Apps, the Evology Websites and/or the Evology Services correctly or follow our instructions including without limitation, when connecting or disconnecting to a Charge Point when using Evology Charging;

22.3 any errors or omissions in any information, instructions or documentation provided by you to us, any payment processor or Car Park Provider;

22.4 any actions taken by us at your insistence or direction;

22.5 your failure to comply with applicable law;

22.6 property damage caused by you or your Vehicle(s); and

22.7 your infringement of any of our or anyone else’s Intellectual Property Rights.

23 VARIATION

23.1 Evology reserves the right to vary the terms of these Evology Terms and Conditions at any time.

23.2 Nothing said or done by any of our representatives is capable of varying these Evology Terms and Conditions.

24 WAIVER

24.1 If we fail at any time during the term of your agreement with us, to insist upon strict performance of any of your obligations under your agreement with us or any of these Evology Terms and Conditions, or if we fail to exercise any of the rights to which we are entitled under your agreement with us or any of these Evology Terms and Conditions, this shall not constitute a waiver of our rights or remedies and shall not relieve you from compliance with your obligations.

24.2 A waiver by us of any default by you shall not constitute a waiver of any subsequent default by you of your obligations.

25 SEVERANCE

If any of these Evology Terms and Conditions (or any provision of your agreement with us) is found by a competent authority to be invalid, unenforceable or illegal, such term shall, to the extent that it is unenforceable, invalid or unlawful, be severed from the remaining terms and conditions, which shall continue to be valid to the fullest extent permitted by law.

26 RIGHTS OF THIRD PARTIES

A person who is not a party to your agreement with us may not enforce any of its terms.

27 ASSIGNMENT

27.1 You shall not be entitled to assign, transfer or sub-licence your rights under your agreement with us. We shall be entitled to assign, transfer or sub-licence our rights under this agreement at any time.

28 INSURANCE

Please note, we shall ensure public liability insurance cover remains in place during the term of your agreement with us with a limit of at least £1 million in respect of any one claim.

29 ENTIRE AGREEMENT

THIS CLAUSE 29 DOES NOT APPLY IF YOU ARE A CONSUMER

29.1 These Evology Terms and Conditions and any document expressly referred to in them, constitute the entire understanding between us in relation to their subject matter.

29.2 We each acknowledge and agree that, in entering into your agreement with us, neither of us has relied on any warranty or representation given by the other or implied from anything said or written in negotiations between us prior to entering into such agreement except as expressly set out in these Evology Terms and Conditions or any document expressly referred to in them.

30 GOVERNING LAW AND JURISDICTION

Your agreement with us will be governed by, construed and interpreted in accordance with the laws of the country of the Evology entity you have contracted with and / or have an account with, excluding the application of conflict of law principles. In respect of Parkingeye Limited, this shall be England. For Parking Solutions Deutschland GmbH, this shall be Germany, for Parking Solutions Danmark ApS, this shall be Denmark and for Avantpark Parking Solutions Österreich GmbH, it shall be Austria. If you are a consumer, you have the right to bring court proceedings in the courts of the country in which you are domiciled.

31 DEFINITIONS AND INTERPRETATION

31.1 The following definitions and rules of interpretation apply in these Evology Terms and Conditions:

“Car Park”: means any parking facility managed by us for the parking of Vehicles;

“Car Park Provider”: has the meaning in clause 9.1;

“Car Park Terms and Conditions”: means the terms and conditions of parking which apply at a Car Park, which may differ from Car Park to Car Park;

“Charge Point”: means our equipment with the capability and functionality to charge your Electric Vehicle’s battery with electricity;

“Data Protection Laws”: means all applicable data protection and privacy legislation in force from time to time in the jurisdiction of the contracting Evology entity, including all legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by a relevant regulatory authority and applicable to a party;

“Designated Charging Bay”: means the Parking Space allocated to you in order to enable you to park your Electric Vehicle and make use of Evology Charging;

“Driver”: means the driver of a Vehicle, who enters into a Parking Contract with the Car Park Provider;

"Electric Vehicle": means a vehicle, which is constructed to carry up to 8 passengers powered either partly or fully by an electric motor;

“EV Card Payment System”: means the point-of-sale payment machine installed at or in the Charge Point that is used by you to pay us by payment card for Evology Charging;

“EV Charges”: means the charges incurred by you for making use of the Charge Points;

"Evology Apps": means the Evology application software including without limitation the Evology Charging app and the Evology Parking app;

"Evology Charging": has the meaning set out in clause 3.2;

"Evology EULA": means the Evology End User Licence Agreement;

"Evology Parking": has the meaning set out in clause 3.1;

"Evology Pay to Park": has the meaning set out in clause 3.1.1;

"Evology PayAfter": has the meaning set out in clause 3.1.2;

"Evology Platform": means the Evology Apps and the Evology Websites;

"Evology Services": has the meaning set out in clause 3;

“Evology Terms of Use”: has the meaning set out in clause 2.1;

“Evology Websites”: means www.evologyparking.com, www.evologypay.de, www.evologypay.at, www.evologypay.dk and all sub-domains or as notified to you on registration and thereafter from time to time;

“Intellectual Property Rights”: means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

"Login Details": has the meaning set out in clause 5.1;

“our representatives”: means any of our officers, employees or agents (acting in the course of business and within the scope of their duties towards us);

“Parking Contract”: has the meaning in clause 9.3;

“Parking Instance”: means the specific details of an individual Parking Contract;

“Parking Period”: means the date on which, and the period of time within which, you are entitled to park;

“Parking Tariff”: means the tariffs payable by an Evology account holder in order to park at a Car Park which is payable to the Car Park Provider in accordance with a Parking Contract;

“Parking Space”: means a parking space in a Car Park;

“SMS”: means a text message sent by us to you relating to your Evology account;

“SMS Notification Fee”: means the fee charged for each SMS sent by us to you as more particularly set out at the time you opt-in and thereafter, as notified to you in accordance with clause 5.10, should it vary from time to time;

“System Failure”: means the failure by our systems to deliver any of the Evology Services,;

“Transaction Charges”: has the meaning set out in clause 10.2;

“Transaction Fee”: means the cost of processing a transaction on Evology Parking;

“Vehicle”: means a vehicle which is constructed to carry up to 8 passengers including without limitation, any Electric Vehicle;

“Virus”: means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;

“Vulnerability”: means a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability and “Vulnerabilities” shall be construed accordingly; and

31.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

31.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

31.4 A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that legislation or legislative provision.

31.5 Clause headings shall not affect the interpretation of your agreement with us.

31.6 Any obligation on you not to do something includes an obligation not to allow that thing to be done.

31.7 A reference to writing or written includes email. ‍