Terms & Conditions for
use of client
mobile application URBO Parking
These terms and conditions regulate relations with end users in connection with the use of the client mobile application URBO Parking, as well as the provision of the possibility of electronic payment of paid parking in urban areas through additional channels of other providers, including national Viber channel “CityGate”, Viber channel of Center for Urban Mobility AD and customer mobile application Sofia Plus.
- General Status. Definitions
For the purposes of these General Terms and Conditions, the terms used shall have the following meanings:
“UPASS JSC”, with UIC 207327088, with its registered office and management address in the Republic of Bulgaria, Sofia 1124, 3 Dobromir Hriz Street (including its branches and representative offices, collectively referred to as UPASS), is a company that provides for its users and through its partners, the distribution of electronic parking tickets and other parking services provided by Parking operators on the territory of Bulgaria, with whom the company has a contract for the distribution of the relevant service.
“Parking operator” is a service provider company that leases, for a fee, spaces for paid hourly parking of motor vehicles, in the areas (including public areas of the “blue”, “green” type) designated by the relevant municipality/settlement on the territory of Bulgaria.
Application/Client application is applied software, with the trade name URBO Parking, are electronic channels of UPASS JSC, which End Users access through a mobile application for smart devices with the Android or iOS operating system.
UPASS JSC also operates as a technological partner of companies, providing a technological connection and the possibility to pay for paid hourly parking spaces through Viber mobile application, Viber channel and other mobile applications for smart devices with Android or iOS operating system. All channels listed above for convenience in these Terms and Conditions may be referred to below collectively as “the Application”;
The services/are the purchase of an electronic coupon or prepaid voucher in areas for hourly paid parking in a populated place, available in the Application, for parking spaces managed by a relevant Parking operator, through the Application or the Viber channel, and in specific populated places for which it is provided additional functionality, also verification and payment of a coercive administrative measure with a clamp-type technical tool;
End User/End Users are local or foreign natural persons who use the Application and/or the Viber channel and have concluded a contract with UPASS JSC for its use by agreeing to these General Terms and Conditions and completing the registration of their user profile;
General Terms and Conditions means the current general terms and conditions for the use of the Client Application and Viber Channel;
A payment method is a means for submission by the End User through the Application and/or the Viber channel of requests to make payments, provided by UPASS JSC and service providers;
- User profile
- To use the Services through the Application and/or Viber channel, it is necessary for the End User to download and install the application on their smart device from the online stores GooglePlay or Apple Store, respectively – to download and install the Viber application on their smart device, and then to register – by creating a user profile.
- The user profile is created personally by the End User. Registrations on behalf of another person, regardless with or without a power of attorney, are not allowed.
- The creation of a user profile is carried out by entering data in the Client Application or a specially created portal. Data provided by End Users upon registration includes:
- First and last name;
- E-mail address;
- Phone number
- By marking a checkmark in the box “I am familiar with and accept the General Terms and Conditions for the use of the client mobile application and Viber channel, the user declares his consent to be bound by this agreement and all its applications constituting an integral part of it, and undertakes to comply with them at the conditions of the current legislation. Each end user should carefully familiarize himself with these General Terms and Conditions before agreeing to them and continuing the registration and use process. If the user does not agree with the General Terms and Conditions, they should not proceed further.
- For the functioning of the Application and/or the Viber channel, it is necessary for the user to provide data on the registration number of the vehicle for which they wishes to use the services, as for the convenience of the user and visualization of the area in which they are located, the Application may require the authorization of smart device location data; For their convenience, the user can store the details of the motor vehicle, also optionally noting the vehicle type and others.
- After creating a user profile, the End User may use the Services, being obliged to comply with these General Terms and Conditions and all instructions specified in the Application.
- The user profile created is private and can only be used by the End User who created it. The number of user profiles of one End User may be limited at the discretion of UPASS JSC.
- In order to ensure the security of the End User’s personal data, as well as to avoid violations of these General Terms and Conditions, it is possible to activate a mechanism by entering an additional PIN code to access the Application at the discretion of UPASS JSC.
- UPASS JSC is not responsible for incorrect or incorrectly specified data. Correction of an already specified e-mail address is allowed by editing the user profile in the Application and after approval and re-verification by UPASS JSC.
- In the event of a forgotten password, the End User may choose a new password by entering the email from their user profile in the Application and opening the link provided in the letter automatically sent to this email.
- End users can optionally close their user profile by using the “Delete profile” option in the application or by sending from the relevant user profile email a message with the text: “delete profile” to the email address support@com.
- When closing the user profile, the user expressly states his wish to be refunded the balance of the deposit, if any, by bank transfer to the email address email@example.com.
- After closing the user profile, UPASS JSC may, at its discretion, limit the creation of a new user profile for the same End User.
- Payments through the Mobile Application or the Viber channel
Through the Application and/or the Viber channel, the End User can pay for services provided by the relevant service providers. The prices of the services are according to the Tariff of the relevant Parking operator/municipality.
- The end user can make payments for the services through the Mobile application and/or the Viber channel by means of absentee payment with bank cards bearing the trademarks of Maestro, MasterCard, VISA, issued in Bulgaria or abroad and upon request by the card issuer – additional in-depth verification of identity through Visa and MasterCard programs called Verified by Visa and MasterCard Secure Code.
- To make the payment, the End User needs to enter data about the bank card with which they wants to make the payment – number, validity, name of the cardholder and CVV2/CVC2 code. Bank card data is entered on the Bank’s page, providing an encrypted channel of communication between the End User and the Bank.
- To facilitate the user in making future payments, when making an initial or subsequent payment, the End User can register the bank card for making future payments with it (one click payment). The user can add more than one of his payment cards to his account. The user has the option to remove bank cards at any time.
- UPASS JSC, employees of the company and/or its representatives do not have access to the content of the bank card data exchanged between the cardholder and the Bank, during payment by bank card and during the authentication process, regardless of the fact that the payment is implemented through the Application and/or the Viber channel.
- UPASS JSC is not responsible for illegally used bank cards by third parties and/or incorrectly submitted data.
- For the convenience of the End User and to avoid frequent entry of bank card details, the Application of UPASS JSC provides the user with the possibility to load a prepaid deposit/voucher for an amount chosen by the user (to purchase a voucher) through his bank card, using the balances on the voucher for subsequent payment of the parking services available in the Mobile Application and/or the Viber channel. The application provides the user with real-time information about the remaining amount of the voucher, which can be used by him to pay for the services.
- Consent to make payment for the selected service cannot be withdrawn by the End User after selecting a Payment Method and requesting payment through the Application and/or the Viber channel. Payments requested through the Application or the Viber channel are considered confirmed by the End User and accepted for processing according to the selected Payment Method.
- The end user is responsible for protecting the confidentiality of his passwords for access, identification, operation and payment with the smart device, the Application and/or the Viber channel, being fully responsible and bearing the risk of any damages incurred for him, for UPASS JSC or third parties, due to illegal use of his password to access the Application and/or the Viber channel or other means of access and identification to the Application and/or the Viber channel, with which login and/or payments are confirmed.
- It is possible to accept payments through the Application and/or the Viber channel through other Payment Methods, and the End Users will be promptly notified of the change.
- Fees for using the Payment Methods are determined by the respective bank card issuers. UPASS JSC are not responsible for the fees charged by the issuers of bank cards related to the use of the Payment Methods. UPASS JSC does not charge additional fees for payment of the provided services.
- Services available through the Mobile Application or the Viber channel
- Through the Client Application and/or the Viber channel, End Users can electronically request, pay and use services provided by companies (Parking Operators) that have signed a contract with UPASS JSC.
- Through the Application and/or the Viber channel, a list of services that can be paid for and used through the Application and/or the Viber channel is provided, as well as information containing a description of their nature, prices (including any accompanying fees) and other information, if such is required by the applicable regulations or is helpful to the End Users.
- In the event that additional fees for the provision of the Services through the Application and/or the Viber channel are initiated, the End Users will be informed in advance of the applicable fees and values.
- Unless otherwise stated, the requested Service is processed at the time of request.
- Some Services may be unavailable in whole or in part due to technical or other reasons. UPASS JSC will take care to inform the End Users in such cases and will make efforts to restore the availability of the Services.
- The end user can, through the Application, register details of one or more motor vehicles, as well as edit their data. In order to perform a service requested by the user, UPASS provides data on the registration number of the vehicle to the Parking operator providing the parking service. When saving details for more than one motor vehicle, the User must ensure at checkout that they have selected the registration number of the vehicle for which they wish to pay a zone. UPASS is not responsible for paying for a zone for another vehicle.
- The end user has the option to select the town and area for which to pay for a parking service, or to allow the mobile application or Viber channel to access the positioning services of their smart device, thus the Application through GPS positioning will suggest the town and area , for which parking will be paid. In the case of a location/zone proposed by the Application, the user should ensure himself and confirm that the proposed zone corresponds to the one in which his vehicle is parked, including if it is located near the boundary frames of different parking zones. UPASS is not responsible if the user has paid for a parking service for a town or zone that is different from the one where the motor vehicle is parked.
- The user can choose how to pay for the service – through a prepaid amount from his voucher in the Application or through his bank card. When initially storing a bank card, the user is required to enter the corresponding CVV/CVC code for the card, as well as to identify himself to his issuing bank and the means of deep authentication agreed with it in an e-commerce environment.
- If the service is successfully paid for, UPASS notifies the relevant parking operator in real time.
- In cases where a refund of an amount paid by card is required, the amount will be refunded to the card with which it was paid within 5 to 7 working days of sending the request to the relevant Bank that processed the payment. As a last resort, it is possible to refund the amount by charging a voucher to the customer’s profile to be used in the future.
- UPASS, its partners and End Users are responsible for all culpably caused damages that are the result of their own illegal behavior and/or in violation of the provisions of the General Terms and Conditions.
- UPASS and its partners are not responsible for:
- Damage caused to electronic mobile or other devices related to improper use of the Application and/or the Viber channel;
- Disclosure of access data to third parties and/or use of user profile by another person;
- Damages resulting from false or inaccurate data provided by End Users;
- Interruption or deterioration of the quality of the Service, if this is not due to his/their culpable behavior, as well as in case of force majeure;
- Interrupting or limiting the ability to use the Application and/or the Viber channel and/or the Services provided through it, if this is due to a technical malfunction of the smart device and/or a lack or limited internet connectivity of the device used by the End User;
- Interruption or limitation of the possibility to use the Payment Methods, if this is not due to his/their culpable behavior, as well as in case of force majeure;
- Illegal actions of third parties related to the provision of Payment Methods;
- Damages exceeding the value of the Services used by the End User;
- Unused services upon closing a user profile, unless the user has sent an email to firstname.lastname@example.org requesting a refund of the unused deposit.
- The end user is responsible for the damages caused to UPASS JSC, which are a direct and immediate consequence of failure to fulfill the obligations under the General Terms and Conditions or the instructions available through the Application and/or the Viber channel and other information channels.
- UPASS JSC is responsible for the damages caused to the End Users, which are a direct and immediate consequence of the non-fulfillment of their obligations under the General Terms and Privacy Policies related to the Application and/or the Viber channel.
- Correspondence. Complaints and reports
- End users may use the following channels for correspondence regarding problems with the Services, as well as for filing complaints and reports:
35.1. To an e-mail with the address – email@example.com
35.2. Through the contact form located in the About Us/Contact Us section of the mobile application
35.3. Proposals, complaints and signals sent by e-mail are considered and resolved within one month of their receipt, and the relevant End User is informed in writing of the result.
- The written form of correspondence is considered to be complied with if electronic messages are used, including messages through the Application and/or the Viber channel. Confirmation of actions by the End User by entering the password is considered as placing a manual signature by the End User.
- In the event of an unsatisfactory response or in the event of an unresolved dispute between the parties, they should resolve the matter through negotiations and mutual concessions. In the event that this proves impossible, unresolved disputes will be referred for resolution to the competent court in the city of Sofia.
- Other provisions
- All intellectual property rights that have arisen or may arise in the Application and/or the Viber channel, including but not limited to program code, trademarks, graphic design, know-how, licenses, rights to technical information and documentation, copyright in software, program code and/or databases are the exclusive property of UPASS JSC. The End User may not use the Application and/or the Viber channel in a manner and for purposes that violate intellectual property rights or any other applicable law.
- UPASS JSC reserves the right, in case of suspicion of violations of these General Terms and Conditions or use of the Application and/or the Viber channel for the achievement of unauthorized purposes or in violation of the applicable regulations, to temporarily or permanently limit the End User’s access to the Application and /or the Viber channel and/or to any or all of the Services. In case of abuse, all available services in the user profile of the End User may be blocked and/or the respective user profile may be closed. These actions do not limit or exclude the possibility of seeking other forms of liability under applicable law.
- These Terms and Conditions may be modified upon notification to End Users. Any amendment shall be effective immediately after the date of publication, unless otherwise expressly stated. End users must agree to the amended Terms and Conditions for them to be binding. In case of disagreement, the provision of any or all of the Services to the relevant End User may be suspended and/or the user profile of the relevant End User may be closed.
- By using the Application and/or the Viber channel for any of the Services, the End User confirms that they agree to and will comply with all provisions of these General Terms and Conditions and the applicable regulations.
- By using the Application and/or the Viber channel, the End User confirms that the provided personal data is his own and does not misuse the personal data of third parties.
- Regarding the application and interpretation of these General Terms and Conditions, including the unresolved issues, the current Bulgarian legislation shall apply.
Date of acceptance: 05/02/2018
Date of last update: 26/01/2022