iTicket app user terms and conditions
Use of the website
The materials on this website are protected by copyright. Any unauthorised or unlawful use of the materials within the UKPC website may violate copyright, trademark and other intellectual property right laws. It is not permitted for you to copy, modify, download, reproduce, redistribute or use any of the UKPC materials for anything other than personal use without express consent from UKPC.
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Disclaimers and limitations of liability
All UKPC website functionality and content are presented for information purposes and do not carry any kind of warranty whether expressed or implied by law. UKPC will not be liable for any damages arising from or in connection with the use of the UKPC website.
Please read these terms and conditions carefully before downloading the app from this website.
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This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and UK PARKING CONTROL LIMITED, a company registered in England with company number 05104383 whose registered office is at The Apex, 2 Sheriffs Orchard, Coventry CV1 3PP (UKPC, us or we) for the use of the i-Ticket mobile application software, the data supplied with the software, and the associated media (App). We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore) you may have downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App at all times.
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Operating system requirements
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The minimum requirements for memory, internet access and operating system are as stated in the ‘Systems Requirements’ notice you will receive when downloading this App and/or any update of this App. It is your responsibility to ensure that your device meets the minimum requirements.
Important notice:
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By downloading the App from this website or clicking on the “Accept” button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 7.
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If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now. In this case the downloading process will terminate.
Operative provisions:
1. Acknowledgements
1.1 The terms of this EULA apply to the App and to the provision of any services or functionality accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
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1.2 We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
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1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
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1.4 You will be assumed to have obtained permission from the owners of any Devices (as defined in in condition 2.1) that are controlled, but not owned, by you and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
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1.5 The terms of our privacy policy from time to time, available at www.ukparkingcontrol.com/privacy-policy (Privacy Policy) are incorporated into this EULA by reference. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
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1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
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1.7 Certain Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data. You may withdraw this consent at any time by turning off the location services settings on the Devices.
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1.8 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
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1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and scope of licence
2.1 You may download a copy of the App onto [NUMBER] mobile telephone or handheld devices (Devices) and view, use and display the App on the Devices for the sole purpose of submitting details of parking infringements to UKPC.
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2.2 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms and the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
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3.1 Not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
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3.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
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3.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
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3.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
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3.4.1 is used only for the purpose of achieving inter-operability of the App with another software program;
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3.4.2 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the App
3.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
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3.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;
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3.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
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3.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology);
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3.9 not to share with any person the username and password which we give to you to login to the App;
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3.10 not to allow the App to be used by anyone other than in accordance with this policy;
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3.11 to keep your password confidential;
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3.12 to only log on to the App using your own username and password; and
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3.13 not to allow anyone else to log on using your username and password, together the Licence Restrictions.
4. Acceptable use restrictions
You must:
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4.1 not use the App or any Service unless you are at all relevant times authorised to do so by the owner (Landowner) of the relevant premises in respect of which you wish to submit details of parking infringements (Premises) or by the duly appointed agent of the Landowner;
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4.2 not use the App or any Service unless and until you have been properly trained by us and/or the Landowner or the Landowner’s duly appointed agent, including training as to the applicable parking conditions and restrictions (Restrictions) at the Premises and the requirements of the British Parking Association’s Approved Operator Scheme Code of Practice (BPA Code);
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4.3 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
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4.4 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
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4.5 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
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4.6 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
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4.7 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, together the Acceptable Use Restrictions.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
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5.2 You acknowledge that you have no right to have access to the App in source-code form.
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5.3 You hereby grant us an unlimited, royalty free, worldwide right to use any or all materials, including images, you submit to us in connection with the App and/or any Service, including a right for us to publish any such image on any website or on any parking notice or otherwise in connection with our investigation and/or issue of parking charges in respect of vehicles parked in breach of the Restrictions at the Premises.
6. Your warranties to us
You warrant, represent and undertake to us that:
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6.1 you have the authority of the Landowner, or the Landowner’s duly appointed agent, to use the App to submit details of parking infringements at the Premises and you will immediately cease using the App if your authority is terminated for any reason;
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6.2 you have been properly trained as to the applicable Restrictions at the Premises and the requirements of the BPA Code (so far as relates to your use of the App and any Service) and you will ensure that you keep your training updated at all relevant times;
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6.3 you have obtained a copy of the BPA Code and you have read and understood it and will at all relevant times comply with its requirements and you will at all relevant times ensure that you keep abreast of, and comply with, any changes to the BPA Code which are relevant to your use of the App and any Service.
7. Limitation of liability
You warrant, represent and undertake to us that:
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7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
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7.2 We only supply the App for the submission of photos of parking infringements to us. You agree not to use the App for any other purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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7.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
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7.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100. This does not apply to the types of loss set out in condition 7.5.
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7.5 Nothing in this EULA shall limit or exclude our liability for:
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7.5.1 death or personal injury resulting from our negligence fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by English law.
8. Termination
8.1 We may terminate this EULA and your access to the App and any or all Services immediately with or without notice to you:
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8.1.1 if you commit a material or persistent breach of this EULA; if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
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8.1.2 if we are notified by the Landowner or the Landowner’s agent that you are no longer authorised to inform us of any breaches of the parking restrictions; and/or at any time, with or without cause, at our absolute discretion.
8.2 On termination for any reason:
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8.2.1 all rights granted to you under this EULA shall cease; we will de-activate your user name and password for the App; you must immediately cease all activities authorised by this EULA, including your use of the App and any Services; and you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
9. Communication between us
You warrant, represent and undertake to us that:
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9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to UK Parking Control Limited at The Apex, 2 Sheriffs Orchard, Coventry CV1 3PP and notices@ukparkingcontrol.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
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9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your 9.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
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10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
11. Other important terms
11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
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11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
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11.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
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11.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
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11.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.