Terms of Use entervo smart pay

1.1 Please read these terms of use carefully and agree to them before continuing to download or use this application. If you do not agree to these terms of use, do not download or use the application.

1.2 This application is operated by Scheidt & Bachmann GmbH, a company with its registered head quarter at Breite Straße 132, 41238 Mönchengladbach, Germany, HRB 2125 Register Court Mönchengladbach, hereinafter referred to as "Scheidt & Bachmann".

1.3  For the avoidance of doubt, the contract regarding the usage of the parking area needs to be directly concluded between you and the parking management company.

1.4 At present, following park management companies participate in the App:
1)   

1.5  The participating parking garages can be found on the search or parking garage overview page within the app.

1.6  If you have any questions regarding the app, usage and the participating parking garages, please contact the respective parking management, listed in section 2.2.

2.1  Scheidt & Bachmann offers you a platform for cashless payment of parking fees as well as the rental of parking space in the participating car parks. By accepting the terms of use of this application, you agree to process any parking and payment process initiated by the App in the participating car parks via this application. Upon entry, an individual contract will be concluded with the respective parking management operating company for the provision of parking space, subject to availability in the respective parking garage. The contract is automatically terminated when leaving the parking garage.

2.2  Mobile payment via the application works as follows: You open the application and scan the barcode of the parking ticket or enter the license plate number of the vehicle. The parking fee due is then determined online and displayed to you. By clicking the button "PAY" you will be redirected to the PayPal/Payment Service Provider application, where you can complete the payment process by entering your PayPal account or credit card number. Finally, you will receive a message from the application that your parking ticket has been paid for. You can now insert the parking ticket at the exit and leave the car park as usual. Optionally, in selected car parks it is possible that your license plate number is scanned upon entry, you enter it in the app instead of the ticket number and the barriers open automatically upon exit after payment. To use the payment option application, you must be a registered PayPal customer or in possession of a valid credit card. It is mandatory that an internet connection is available (online app).

2.3  In addition, this application shows car parks in the immediate vicinity of you. It can also be used to navigate you to a nearby parking garage. For this purpose, the application redirects you to the navigation service already installed on your mobile phone (to Apple or Google Maps). You then use the 3rd party navigation service.

2.4  This application offers you the Car Finder function to make it easier for you to find your vehicle. Simply take a picture of your car in the parking space and add your notes.

2.5  Scheidt & Bachmann DOES NOT PROVIDE OTHER SERVICES. IN PARTICULAR, GUARDING AND/OR SAFEKEEPING OF VEHICLES AND/OR THEIR CONTENTS ARE NOT SUBJECT MATTER OF THE CONTRACT.

3.1  The currently valid parking fees of the participating parking management operating companies are displayed in the app and may differ from the rates displayed in the respective parking garage.

3.2  YOU ARE SOLELY RESPONSIBLE FOR THE PROPER PAYMENT OF ANY FEES INCURRED TO THE PARTICIPATING PARKING MANAGEMENT COMPANY. In particular, it must be ensured that the deposited payment method is valid and is balanced in the appropriate amount or that a sufficiently large credit limit is granted.

3.3  You are obligated to adequately protect the content/access on/to your mobile phone (in particular your PayPal account) from abuse. This includes, for example, setting up a screen lock. NO LIABILITY IS ASSUMED FOR DAMAGES RESULTING FROM MISUSE (e.g. of your PayPal account). If you become aware of any misuse, you must report this to PayPal or the payment service provider immediately.

3.4  You undertake – under a contract for the benefit of third parties - to the respective operator of the car park/car park to comply with the house and usage regulations posted there and not to damage the car park and its facilities. In particular, you undertake to comply with the signs (e.g. one-way streets, stopping and parking bans, driving bans for natural gas vehicles, etc.) and markings (e.g. parking areas, restricted areas, reservations for certain groups of people, etc.) and, in all other cases, to behave in accordance with the national road traffic regulations / highway codes and to follow the corresponding instructions of the car park personnel. Clarification: In particular, domestic authority remains with the car park operator. The operator enforces the house rules and usage regulations.

Scheidt & Bachmann will make every effort to offer this application as uninterrupted as possible. Even with the greatest possible care, failures of this application cannot be excluded. Scheidt & Bachmann does not guarantee that this application will be available as a payment option without restrictions, in particular Scheidt & Bachmann does not guarantee the existence of an internet connection.

The following app permissions must be allowed in order to use the application:

• Access to the photo and video function (Purpose: To optically scan the barcode of the parking ticket and to photograph your vehicle for the Car Finder function);
• Access to the contents of the USB memory (Purpose: To store app and user specific data such as a picture of your car);
• Access to the contents of external storage devices (Purpose: When the app is started for the first time, data is downloaded from the Internet and stored on the external storage device. When the app is started again, the data on the storage device is checked to ensure that it is up to date and, if nec-essary, updated data is downloaded from the Internet and stored in order to save data volume the next time the app is started. This is app content).
• Display access to the network status (Purpose: To determine the status of the Internet connection);
• Complete Internet access for communication with the App Gateway; Activate location services; Control lightning as an additional help when scanning the barcode of the parking ticket;
• Vibration control as tactile feedback.

Our application does not use location data. If you use the linked functions of Apple or Google Maps, please note the permissions of the respective navigation service.

6.1  This application must only be used for the use of the payment, map and navigation service and the car finder function. Any other use of this application is prohibited without written consent of Scheidt & Bachmann.

6.2  Scheidt & Bachmann grants you a non-exclusive, non-transferable right of use, limited to the Netherlands, Belgium and Luxemburg, the service is offered to the extent necessary for the use of the service. The right of use is limited to the term of this contract of use.

6.3  The duplication, processing, distribution, public reproduction or any other form of use of this application or parts thereof is not permitted.

6.4  You are obliged to install the updates offered by Scheidt & Bachmann.

6.5  You are entitled to terminate the use of this application at any time by deleting it from your device.

7.1  This application and the materials it contains, such as text, images, graphics and sounds, are protected by copyright and/or other intellectual property rights. All copyrights and/or other intellectual property rights in these materials are owned by Scheidt & Bachmann or its licensors.

7.2  This application also contains trademarks that belong to Scheidt & Bachmann or whose owners have granted Scheidt & Bachmann a right to use in this application.

8.1  This application contains links to external websites or applications of third parties, such as PayPal and Braintree: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal,L-2449 Luxembourg with commercial register number: R.C.S. Luxembourg B 118 349) ), Apple: Apple Inc. 1 Infinite Loop, Cupertino, California, USA and Google: Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA. To simplify navigation and use of this application, the external website/application is displayed within the frame of this application. The respective external website/application is subject to the usage and data protection agreements agreed upon there. Use of the map and/or navigation service requires that you accept the terms of use of the navigation service (Apple or Google Maps) already installed on your mobile phone. Scheidt & Bachmann has no influence on the terms of use of third party providers such as Apple, PayPal, Braintree Payments or Google.

8.2  In case of using Google Maps, the following conditions apply:

1. the Google terms of use
(https://www.google.com/intl/de/policies/terms/index.html),

2. the additional terms of use for Google Maps/Google Earth
(https://www.google.com/intl/de_US/help/terms_maps.html),

3. the legal information for Google Maps/ Google Earth
(https://www.google.com/help/legalnotices_maps.html),

4. the Google privacy policy
(https://www.google.com/intl/de/policies/privacy/index.html).

8.3  In case of using credit card payments and PayPal the following conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A:

Payment Services Agreement
(https://www.braintreepayments.com/en-de/legal/payment-services-agreement)

Payment Service Agreement EU
(https://www.braintreepayments.com/en-de/legal/payment-services-agreement-eu)

PayPal Privacy Policy
(https://www.paypal.com/de/webapps/mpp/ua/privacy-full)

PayPal-Terms
(https://www.paypal.com/de/webapps/mpp/ua/acceptableuse-full)

Cookies, Web Beacons and other technologies
(https://www.paypal.com/de/webapps/mpp/ua/cookie-full)

In particular, by ticking the appropriate box, you agree that PayPal will save the payment methods you use so that you can pay conveniently with a One-Click the next time you use them. If you do not want PayPal to save the payment method you use, you can delete it by checking the appropriate box. Access to the last payment methods used will be removed at the latest when you uninstall the app.

Scheidt & Bachmann is authorised to change these Terms of Use at any time for the future. If the terms of use are to be updated, you will be asked to accept the changed terms of use the next time you access this application. Any subsequent use of this application will be based on the updated Terms of Use. If you do not accept the updated Terms of Use, you will not be able to use this application.

Personal data being processed by Scheidt & Bachmann through this application will only be used in accordance with the Privacy Policy (https://www.scheidt-bachmann.de/index.php?id=1558&L=0). Please read the Privacy Policy carefully before continuing to use this application.

11.1  Scheidt & Bachmann is only liable under this contract as follows:

11.1.1  For damages based on an error in this application or the services (material defects) or a defect in title, the operator assumes liability only in the event of fraudulent concealment of the defect; this also applies to consequential damages, indirect damages and lost profits. In all other cases, liability will only be assumed for intent and gross negligence or in the event of a breach of a material contractual obligation. The above limitations of liability shall not affect claims under the Product Liability Act or other mandatory statutory provisions or in the event of the assumption of a guarantee. Any further liability is excluded.

11.1.2  Otherwise, Scheidt & Bachmann shall not be liable for slight negligence

11.1.3  No liability is accepted for damage resulting from the use of the application while driving a motor vehicle.

11.2 

The platform for online dispute resolution of the EU Commission can be found at ec.europa.eu/consumers/odr.

Universalschlichtungsstelle des Bundes
Zentrum für Schlichtung e.V.
Straßburger Straße 8 77694 Kehl am Rhein
E-Mail: mail@universalschlichtungsstelle.de

However, we are not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

You indemnify Scheidt & Bachmann from all damages, claims and costs incurred by Scheidt & Bachmann due to your fault, in particular against the operator of the respective car parks due to culpably caused damage to car parks and their facilities.

These terms of use are subject to German law. The German courts shall have exclusive jurisdiction for any disputes arising in connection with these Terms of Use or in connection with the application.