Service Terms and Conditions
The service terms and conditions are in force between you and Hozah Parking Limited. 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 us or 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 Parking Charge Notice if related to a privately owned car park or a Penalty Charge Notice if related to a car park owned by a local authority
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 “Services“ means any of the Hozah services;
1.13 “Website” means our websites at www.hozah.com
1.14 Whitelist means permitting a vehicle to park under conditions
1.15 “You” or “Your” refers to the driver.
2 Our Agreement
2.1 This Agreement regulates the provision of the Services by Us to You. When You use any of the Services, 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 and/or whitelist your vehicle 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 Your request for our services is accepted by Us, which occurs when you are provided an account. You are deemed to accept these Terms and Conditions and to enter into a contract with us at this point.
2.3 Please read these Terms and Conditions carefully. You should understand that by registering for any of our Services You agree to be bound by these Terms and Conditions.
3 General Terms and Conditions of using Our Services
3.1 Our Services are 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.
3.2 Our Services are not available to individuals under the age of 17 years.
3.3 We may refuse to provide Our Services, 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.
3.4 You will not be able to access and/or use Our Services (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:
3.4.1 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;
3.4.2 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
3.4.3 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
3.4.4 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.
3.5 Our Services are only available to individuals that can form legally binding contracts under applicable law.
3.6 Our 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.
3.7 Unless expressly stated, Our Services do not guarantee You a parking space
3.8 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.
3.9 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.
3.10 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.
3.11 We may update our Ts and Cs at any time
3.12 This Agreement does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999.
4 Your responsibilities
4.1 You must ensure that all data you provide to us, including but limited to the data provided when you sign-up for Our Services is accurate and correct
4.2 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.
4.3 You are responsible for registering for any of our Services that you require. 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 one of Our Services when you receive a welcome email from Hozah Parking
4.4 You must follow the security procedures provided to You in these Terms and Conditions and as otherwise notified to You via the Website.
4.5 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.
5 Your Information And Restricted Activities
5.1 You agree that You will not misuse our Website by doing any of the following:
5.1.1 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;
5.1.2 taking any action that imposes an unreasonable or disproportionately large load on Our infrastructure; or
5.1.3 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
5.2 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.
6 Payment And Related Terms
6.1 Our charges for using the Service are shown on signage in our car parks (tariff information for the car park), on our website (convenience fee) or via specific promotional material.
6.2 By use of Our Services, 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 Our Services and to use them to purchase parking for a vehicle, or vehicles, details of which You have registered.
6.3 You agree that when You make a payment for the Service this will be processed by a third party payment processor.
6.4 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.
7.1 Whilst We will do our best to maintain the operation of Our Services, 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.
7.2 We make every effort to ensure that the information given to you on the Website, in the operations of Our Services, 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.
8 Our Liability
8.1 With regard to Our Services, We are only liable to You as set out in this Agreement. We have no other duty or liability to You.
8.2 Nothing in this Agreement removes or limits Our liability for death or personal injury caused by Our negligence.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.8 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.
9 When We May Suspend Or Close Accounts
9.1 We may at Our sole discretion suspend, limit access to any or all of an 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.
9.2 If Your 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.
9.3 Any of the following events may lead to your personal account being limited:
9.3.1 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;
9.3.2 Reports of unauthorised or unusual parking account use associated with the account;
9.3.3 Abuse by You of the chargeback process provided by your issuing bank;
9.3.4 Excessive levels of disputes or chargebacks;
9.3.5 Breach of any term of this Agreement;
9.3.6 Where the cardholder name on the payment card associated with the personal account does not match the name on the personal account;
9.3.7 We have reasonable grounds to believe that You persistently fail to pay for parking;
9.3.8 We are unable to verify or authenticate any information that You provide to Us;
9.3.9 We believe that Your account or activities pose a significant credit or fraud risk to Us;
9.3.10 We believe that Your actions may cause financial loss for You, or Us; or
9.3.11 Adverse reports from credit agencies.
9.3.12 Intentional distortion of VRMs
9.4 We will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations promptly.
9.5 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.
10 Disputes Procedure
10.1 Any complaint or dispute arising from these Terms and Conditions, use of the Website or Our Services 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.
10.2 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:
10.3 accept payment for that parking session in dispute and restore access to the full functionality of Your personal account;
10.4 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
10.5 may close Your personal account by giving You notice in writing (where we have Your address) or otherwise by email
11 Governing Law
11.1 This Agreement, and the relationship between Us, shall be governed by and construed in accordance with the laws of England and Wales.
11.2 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.
13 Specific Terms relating to Your use of Our Service titled “Hozah: Autopay”
13.1 Hozah: Autopay is a Service provided by Hozah Parking that allows drivers to register for the Hozah: Autopay 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.
13.2 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 car park that is Hozah: Autopay enabled. You will know that a car park is enabled for Hozah: Autopay because Hozah: Autopay signs will be present in the car park.
13.3 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
13.4 Once registered You can manage your account settings via our Website.
13.5 As part of becoming registered for Our Service You must also:
13.6 nominate at least one vehicle, specifically the registration number, and confirm the colour and make of the vehicle;
13.7 give Us valid personal credit card or debit card information
13.8 It is your responsibility to know when you are in a Hozah enabled car park (there will always be signage).
13.9 You may close Your account at any time by contacting us. You will however remain liable for all obligations related to Your personal account even after it is closed, including, but not limited to, payment due for parking sessions.
13.10 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 Specific Terms relating to Your use of Our ‘Permit’ Service
14.1 The Hozah Permit service enables drivers to sign-up for a digital permit that enables the driver’s vehicle to be whitelisted at one or more car parks. This may include an applicable payment for the benefit of receiving such a whitelist.
14.2 Interpretation The definition and rules of interpretation in this clause apply in this agreement:
The “Licensor”: [Name] of [address]
The “Licensee”: The named applicant completing an application via the Provider
The “Provider”: Hozah Parking of No 1 Croydon, 12-16-Addiscombe Road
The “Premises”: As outlined during the application process
The “Application”: The process of filling out the digital form supplied by the Provider and providing details. Some Application processes result in the automatic granting of a Permit, others will require approval from the Licensor
The “Access Ways”: The roads to the Premises of which is necessary for obtaining access and egress from the Designated Parking Space
The “Designated Parking Space”: Where applicable, the licensor will designate a specific parking space/area which the licensee is required to adhere to the use of, this cannot be varied without the expressed written permission of the Licensor – see appendix 1 in the application form
The “Designated Parking Hours”: As defined during the application process form
“Permit”: The right to park in a particular space on the Licensor’s property. This permit may be represented to you in a digital or paper format
14.3 Subject to clauses 3 and 4, the Licensor gives the Licensee the right (in common with the Licensor and all others authorised by the Licensor so far as is consistent with the rights given) to use for the Licence Period during the Designated Parking Hours For the purposes of parking 1 vehicle[s] in the Designated Parking Space and For the purposes of access to and egress from the Designated Parking Space and the Access Ways
14.4 Neither the Licensor nor the provider shall be liable for any death, injury, damage, loss, claim, demand, action, proceedings damages costs, expenses or other liability that may be caused by use of the designated Premises that may be incurred by the Licensee or any other designated person in the exercise of the rights granted by this clause.
14.5 Licensee’s undertakings
The Licensee agrees and undertakes:
14.5.1 To pay to the Licensor the Licence Fee via, and only via, the Provider (as per the application form), upon the date and via the means specified in the application process. The first payment amount may vary from the monthly membership fee, this will be dependent on the membership start date.
14.5.2 Not to obstruct the Access Ways or to cause the same to become dirty or untidy nor to leave any rubbish on them.
14.5.3 Not to display any signs or notices at the Designated Parking Space without the prior written consent of the Licensor.
14.5.4 Not to use the Designated Parking Space or Access Ways in such a way as to cause any nuisance, damage, disturbance, annoyance, inconvenience, or interference to the Premises or adjoining or neighbouring property or to the owners, occupiers or users of such adjoining or neighbouring property.
14.5.5 Immediately to inform the Licensor details of the registration number[s] of the vehicle[s] which will be parked on the Designated Car Parking Space and to notify the Licensor prior to any change in such details (as per the application form). In instances where a company leases spaces for Pool cars, the requirement will be listed on the Application Form.
14.5.6 To indemnify the Licensor and The Provider, and to keep the Licensor and the Provider indemnified against all losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this licence any breach of any of the Licensee’s undertakings contained in this clause or the exercise or purported exercise of any of the rights given in clause 2.
14.5.7 Not to impede in any way the Licensor in the exercise of the Licensor’s rights of possession and control of the premises and every part of the premises.
14.5.8 The Licensee must adhere to the Terms & Conditions displayed on all signage at the premises.
14.5.9 The Licensee is responsible to ensure they do not inhibit access/egress to the premises at any time.
14.6 The Licensor retains at its discretion to vary such access points upon written notification to the Licensee.
14.7 Termination of the agreement by the Licensee must be served in accordance with the rights granted by clause 14.8.
14.8 Termination of the License
14.8.1 Permit Termination of the agreement by the Licensee must be served via the Provider’s platform not less than 28 days’ notice before the renewal date. For the avoidance of doubt, an annual permit requires payment, in full, of a full year’s worth of permit use, regardless of whether the driver uses the Designated Parking Space. Early termination of a permit is fully the Provider and Licensor’s discretion.
14.8.2 The Licensor reserves the right in its absolute discretion should the Licensee (or any authorised persons) breach any clause[s] 1 and 2 to terminate any membership[s] with immediate effect.
14.8.3 The Licensor reserves the right to suspend or cancel any permits, either temporarily or permanently, with 30 days’ notice and without providing any reasons
14.9 The Licensee accepts that the vehicle[s] are parked entirely at their own risk and responsibility.
14.10 All permits, keys and fobs issued in connection with this site remain the property of the Licensor at all times. Lost permits, keys and fobs will only be replaced at the discretion of the Licensor and a charge may apply.
14.12 The Licensee accepts that failure to pay monthly fees may result in the immediate termination of their permit and should the Licensee’s account be in arrears and remain in arrears 28 days after termination, the Licensor and Provider both reserves the right to initiate County Court proceedings to claim outstanding monies.
14.13 The Licensee agrees to information contained within this contract to be held on file by the Licensor for a period of up to 7 years from the termination date of a membership or until all outstanding monies have been paid, whichever is the greater.
14.14 Abandoned vehicles
14.14.1 We are entitled to regard as abandoned any vehicle left in any area or space of the Car Park for more than 48 hours, unless prior authorisation has been granted to be in that area or space of the Car Park.
14.14.2 If you have been authorised to park in a specific space, such as a numbered/lettered bay, via the purchase of a permit, then you are only permitted to park in that bay/space. For clarity, this means that you have not been granted authorisation to park in any other space or area of the car park
14.14.3 The licensor reserves the rights to engage and/or permit a lawful authority to remove, or to directly themselves remove, any abandoned vehicle. Before proceeding with the disposal or sale of abandoned vehicles the licensor will:
14.14.4 refer the matter to the appropriate authorities, which may include the local police and the DVLA; and
220.127.116.11 affix a notice to the vehicle at least 48 hours before the date on which we propose to remove the vehicle stating that the vehicle will be removed and sold when that period expires.
18.104.22.168 Abandoned vehicles will be disposed of as waste or sold by auction. Where sold by us, the proceeds of sale will be applied in and towards satisfaction of all sums owing to us together with the expenses of sale and our reasonable storage and removal costs for the period during which the vehicle is in our possession.
14.15 Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by us on behalf of the registered keeper of the vehicle and paid over on proof of entitlement.