Terms and conditions
The service terms and conditions are in force between you and Hozah LTD. Please read this document carefully as it outlines all of the terms and conditions relevant to your use of our services.
When the following words are used in these Terms and Conditions (the “Terms”), this is what they will mean:
1.1 “us”, “we” and “our” means Hozah Ltd of No.1 Croydon, 11th Floor, 12-16 Addiscombe Road, 11th floor, Croydon, CR0 0XT.
1.2 “ANPR” means Automatic Number Plate Recognition;
1.3 “Car Park” means the parking facilities in the area and/or building managed by one of our partners;
1.4 “Vehicle” means any vehicle used to convey passengers or items that enters the Car Park, including any mechanical device on wheels or tracks, its equipment and accessories;
1.5 “VRM” means Vehicle Registration Mark;
1.6 “PCN” refers to Penalty Charge Notice – a parking fine given to the driver if in breach of their parking contract;
1.7 “Account” means any and all Hozah accounts opened by you or on your behalf using either the Website or Mobile Web;
1.8 “Business Day(s)” means any day other than a Saturday, Sunday or public holiday;
1.10 “Authority”, “Authorities” or “they” means a local authority, public body or commercial organisation which makes parking spaces available for use by motorists on a paid basis and/or levies charges or tolls relating to vehicle or road use;
1.11 “Mobile Device” means a mobile device, tablet or computer;
1.12 “Service” means the Hozah payment service;
1.13 “Website” means our websites at www.hozah.com
1.14 “You” or “Your” refers to the driver.
2. Our Agreement
2.1 This Agreement regulates the provision of the Service by Us to You. When You use the Service We are providing You with the means to enter into individual contracts with relevant Authorities for the provision of parking or other services relating to vehicle or road use and with Us to facilitate your payment for the parking or other services provided by the Authorities. Such parking or other vehicle related or road use services will be subject to the terms and restrictions shown on local signage and additionally under the provisions of the Road Traffic Regulations Act 1984, or the Road Traffic Regulations Act 1991 or the Traffic Management Act 2004 and any other relevant legislation as may apply.
2.2 This Agreement begins when We accept Your request for our services when You register for the Service. You are deemed to accept these Terms and Conditions and to enter into a contract with us when You first use the Service.
2.3 Please read these Terms and Conditions carefully. You should understand that by registering for the Service You agree to be bound by these Terms and Conditions.
2.4 The Service is constantly evolving and We are adding additional features and benefits from time to time. We may therefore amend this Agreement at any time by posting the amended Terms and Conditions on Our site. All amended Terms and Conditions shall be effective 30 days after they are initially posted on Our Website.
3. Our Service
Hozah allows drivers to register for the Hozah parking payment system that enables drivers to pay parking fees (‘parking tariff’) through our online system that uses Automatic Number Plate Recognition cameras to detect your entry and exit (and length of stay) in a car park.
The automatic nature of the Hozah system means that once a driver has created an account the driver will automatically be billed for car park usage in any Hozah-enabled car park.
4. Use of The Hozah Service
4.1 In order to use the Service, You must register for a personal account. You may hold more than one personal account. Our Service is only available to individuals that can form legally binding contracts under applicable law.
4.2 Our Service is not available to individuals under the age of 17 years.
4.3 We may refuse to provide Our Service, change the qualifications for Your use of the Service and/or terminate this Agreement with You at any time as provided in these Terms and Conditions.
4.4 To use the service for the first time you must first register with Us. You register by visiting our Website from either a Mobile Device or home computer and set up an account.
4.5 Once registered You can manage your account settings via our Website.
4.6 The Car Parking Session does not guarantee the holder a parking space for the duration of the Car Parking Session, unless specifically stated, nor can it be used in conjunction with vehicles other than for the purchased vehicle.
4.7 Our parking payment systems and related services may be used in combination with services offered by our partners. Our partners will have their own terms of service and you will be required to accept their terms of service before use. We are not responsible for the service offered by our partners.
5. Getting Started
5.1 As part of becoming registered for Our Service You must also:
5.1.1 nominate at least one vehicle, specifically the registration number, and confirm the colour and make of the vehicle;
5.1.2 give Us valid personal credit card or debit card information
5.2 You will not be able to access and/or use the Service (in whole or in part as determined by Us at Our sole discretion, acting reasonably) if, at any time or from time to time, You:
5.2.1 are unable to meet the eligibility criteria set out in 4.1 or You do not comply with the requirements set out in 4.2 above;
5.2.2 are otherwise in breach of the Agreement (including, without limitation, these Terms and Conditions) or are otherwise informed by Us that the Service (in whole or in part) is no longer available for use or access by You; and/or
5.2.3 You do or omit to do any act or thing which results in any misuse or abuse of the Service as reasonably determined by Us in our absolute discretion.
5.3 If We restrict only part of Your use of the Service, We will inform You of which element of functionality of the Service You will be able to access and/or use.
5. Your Safe Use Of The Service
5.1 You must follow the security procedures provided to You in these Terms and Conditions and as otherwise notified to You via the Website.
5.2 If You think that there is, or has been, any unauthorised use of Your personal account You must notify us immediately via the contact form on this Website. Please use this Contact Us link. You should check Your personal account details immediately and let Us know urgently about any errors.
6. Your Responsibilities
6.1 You must ensure that all data you provide to us, including but limited to the data provided when you sign-up is accurate and correct
6.2 It is your responsibility to ensure to notify us of change of vehicle ownership. Failure to do may mean you are liable for the parking charges acquired by the new owner of your vehicle.
6.3 It is your responsibility to know when you are in a Hozah enabled car park (there will always be signage)
6.4 You are responsible for registering for Hozah. Failure to appropriately register with us and not use other payment methods as provided by the car parking operator of a car park you are parked in may result in a PCN from that operator. You will know that you have registered fully with Hozah when you receive a welcome email.
7. Your Safe use of the Service
7.1 You must follow the security procedures provided to You in these Terms and Conditions and as otherwise notified to You via the Website.
7.2 If You think that there is, or has been, any unauthorised use of Your personal account You must notify us immediately via the contact form on this Website. Please use this Contact Us link. You should check Your personal account details immediately and let Us know urgently about any errors.
8. Your Information And Restricted Activities
8.1 You agree that You will not misuse our Website by doing any of the following:
8.1.1 attempting to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website including using any robot, spider, other automatic device, or manual process to monitor or copy Our Website pages or the content without Our prior express written permission;
b) taking any action that imposes an unreasonable or disproportionately large load on Our infrastructure; or
8.1.2 knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Website or to your downloading of any material posted on it, or on any website linked to it.
8.2 By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Service and Our Website will cease immediately.
9. Payment and Related Terms
9.1 Our charges for using the Service are shown on signage in our car parks (tariff information for the car park) or on our website (convenience fee). If We introduce any changes to the charges for the Service in the future We will give you at least 30 days’ prior notice by posting details on the Website.
9.2 By defining parking sessions through use of the Service, You authorise us to obtain funds on Your behalf from your chosen funding source details of which You have provided to Us on registration for the Service and to use them to purchase parking for a vehicle, or vehicles, details of which You have registered.
9.3 You agree that when You make a payment for the Service this will be processed by a third party payment processor.
9.4 We will not seek to hold You liable for any unauthorised use (including fraudulent use) of Your account by any person provided that We are satisfied that You have not acted deliberately so as to enable any third person to gain access to Your user ID and/or password.
10.1 Whilst We will do our best to maintain the operation of Our Service, We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of Our Website interfaces may be affected by numerous factors outside Our control. You acknowledge that Your access to the Website interfaces may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore full operation of all interfaces as soon as We reasonably can.
10.2 We make every effort to ensure that the information given to you on the Website, in the operations of Our Service, and in communications between you and us is accurate to the best of our belief, but we understand that sometimes this is not the case. We cannot guarantee the accuracy of all such information in all circumstances and you should not rely on such information. You must check your communications with us carefully, ensuring their accuracy and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions. It is Your responsibility to ensure the complete accuracy of all the information provided, in particular, but not exclusively, Your correct vehicle registration details which are vital to the correct functioning of the Service.
11. Our Liability
11.1 With regard to this Service We are only liable to You as set out in this Agreement. We have no other duty or liability to You.
11.2 Nothing in this Agreement removes or limits Our liability for death or personal injury caused by Our negligence.
11.3 Except as set out in 9.2 Our entire liability to You for something We or anyone who works for us does or does not do will be limited to the value of the transaction giving rise to the dispute.
11.4 We are not liable to You in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time You entered this agreement or is indirect or consequential loss or damage.
11.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by events outside Our reasonable control.
11.6 The Service is provided to You subject to Your statutory rights but is otherwise provided without any warranty or condition express or implied except as specifically stated in this Agreement.
11.7 We shall not be liable to You for any loss or damage which You may suffer as a result of using the Service including, without limitation, losses resulting from parking fines rightfully applied by any Authority under the Road Traffic Act 1984, the Road Traffic Act 1991, the Traffic Management Act 2004, other relevant parking legislation or common law. In no event shall We, Our affiliates, subsidiaries, agents, suppliers and/or subcontractors be liable whatsoever.
11.8 You agree to indemnify and hold Us, Our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of Your breach of this Agreement or the documents it incorporates by reference, or Your breach of any law or the rights of a third party relating to Your use of the Service.
12. When we may Suspend or Close Accounts
12.1 We may at Our sole discretion suspend, limit access to any or all of a personal account’s functions or close any personal account where We have reasonable grounds to believe that You are in breach of any of the terms of this Agreement and/or the Service is being used in a manner that violates these Terms and Conditions.
12.2 If Your personal account access has been suspended, limited or closed You will be notified by email and requested to provide information relevant to Your personal account which we reasonably believe may assist us in the investigation of the circumstances which have led to such suspension, limitation or closure.
12.3 Any of the following events may lead to your personal account being limited:
12.3.1 Reports of unauthorised or unusual credit card use associated with the personal account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorised or Your account compromised, and is done in order to protect You from further unauthorised use of Your card;
12.3.2 Reports of unauthorised or unusual parking account use associated with the account;
12.3.3 Abuse by You of the chargeback process provided by your issuing bank;
12.3.4 Excessive levels of disputes or chargebacks;
12.3.5 Breach of any term of this Agreement;
12.3.6 Where the cardholder name on the payment card associated with the personal account does not match the name on the personal account;
12.3.7 We have reasonable grounds to believe that You persistently fail to pay for parking;
12.3.8 We are unable to verify or authenticate any information that You provide to Us;
12.3.9 We believe that Your account or activities pose a significant credit or fraud risk to Us;
12.3.10 We believe that Your actions may cause financial loss for You, or Us; or
12.3.11 Adverse reports from credit agencies.
12.3.12 continued intentional distortion of VRMs
a) We will use reasonable efforts to investigate personal accounts that are subject to account access limitations and to reach a final decision on the limitations promptly.
b) The ability to suspend, limit or close any personal account does not limit or exclude other remedies We may have if You are otherwise in breach of this Agreement.
13. How You can Cancel the Service
13.1 You may close Your personal account at any time by means of the personal account administration functionality on the Website. You will however remain liable for all obligations related to Your personal account even after it is closed.
13.2 This Agreement is not subject to the cancellation provisions under the Consumer Protection (Distance Selling) Regulations 2000. Each individual contract (whether between You and an Authority for the provision of parking or other vehicle related or road use services or with Us to facilitate Your payment for parking or other vehicle related or road use services) under this Agreement is concluded when We have completed a transaction with You for the payment for each parking or other vehicle related or road use session.
14. Disputes Procedure
14.1 Any complaint or dispute arising from these Terms and Conditions, use of the Website or the Service must be made to Us in writing to the address given at the end of these Terms and Conditions. Upon receipt of notification from You, your account will be suspended pending investigation.
14.2 We will investigate any dispute promptly. If the result of the investigation is in Your favour, We will restore access to your personal account. If the result of the investigation is not in Your favour, We may:
14.2.1 accept payment for that parking session in dispute and restore access to the full functionality of Your personal account;
14.2.2 continue to limit Your personal account access for up to 180 days up to the amount of time required to protect Us against the risk of a chargeback or chargebacks; or
14.2.3 may close Your personal account by giving You notice in writing (where we have Your address) or otherwise by email
15. General Provisions
15.1 You may not transfer any rights or obligations You may have under this Agreement without Our prior written consent. We reserve the right to transfer this Agreement and all incorporated policies or any right or obligation under this Agreement without Your consent.
15.2 Any concession or extra time that We allow you only applies to the specific circumstances in which We give it. It does not affect Our rights under this Agreement in any other way.
15.3 If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
15.4 This Agreement does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999.
14. Governing Law
14.1 This Agreement, and the relationship between Us, shall be governed by and construed in accordance with the laws of England
14.2 Any claim arising out of or relating to this Agreement or the provision of Our Services that cannot be resolved by contacting Us shall be settled by agreement of the parties by reference to the Parking and Traffic Appeals Service where the Authority is a London Borough, or the National Parking Adjudication Service where the Authority is a local government body outside London or by the courts of England and Wales either in the absence of such agreement or where the Authority lies outside their respective jurisdiction in the first place.