- Conditions of Use applicable to Mobile-for customers
- Definitions
- Conditions of Application
- Mobile-for System
- Registration of the end user
- Contract with the end user
- Conditions of use of the Mobile-for system
- Payment
- Applicable legislation and regulations, and local bylaws
- Liability
- Applicable law and settlement of disputes
2. Conditions of Use applicable to Mobile-for customers
The Conditions of Use applicable to the end users of the services of the Belgian company MOBILE-FOR (referred to hereinafter as "Mobile-for"™), company number 881-959-533, with registered office at 27, Boulevard du Roi Albert II, 1030 Brussels, are set out below.
2.1 Definitions
The terms used in these Conditions of Use shall have the following meanings.
2.1.1 End User
The party, whether an individual or a company, who, under a contract entered into with the service provider or the mobile operator, pays parking charges using a mobile phone in conjunction with the Mobile-for mobile parking payment system.
2.1.2 Service Provider
The party who, using the services of Mobile-for, registers the end users and the parking charges due and, subsequently, directly or indirectly bills the end users for these parking charges via the mobile operator. Mobile-for may also be the service provider in the event of payment by credit card, direct debit, or bank transfer.
2.1.3 Mobile-for
The party whose services are used to record parking time and certain data relating to the end user.
2.1.4. Mobile-for systeem
The computing and communication equipment used by Mobile-for, including the relevant software, as well as the website www.4411.be, enabling the end user to use the service(s).
2.1.5. Service(s)
The provision of an automatic payment system enabling parking lot users to pay their parking fees to the local authority or private parking lot operator using their mobile phones or any other form of electronic communication.
2.1.6. Network
The mobile network to which the end user is connected.
2.1.7. Parking charges
The charge or tax charged by a local authority for the use of a parking space or the cost of using a parking lot operated by a private firm.
2.2. Conditions of Application
§1 These Conditions of Use are applicable to the Mobile-for system and can be seen on the Mobile-for website (www.4411.be).
§2 The service provider reserves the right to modify these conditions subject to publication on the website www.4411.be.
§3 If any clause of these conditions is invalid or is declared null and void, this shall not affect the validity of the other clauses. A clause which is declared null and void shall, so far as possible, be maintained in accordance with the object and scope of the invalid or canceled clause.
2.3. Mobile-for System
§1 The end user may use a mobile phone or portable device to register parking charges by means of the Mobile-for system at the rates in force in the parking zone participating in the Mobile-for system. These costs shall cover the period between the opening and the closing of the parking session being registered.
2.4. Registration of the end user
§1 In case of billing via a mobile operator supporting the Mobile-for system, the end user is not required to register. However, if the mobile operator concerned does not support the Mobile-for system, the end user must register on the Mobile-for website.
§2 The end user undertakes to provide correct contact details and keep them up to date. These shall include name, address, town, e-mail address, company details, mobile number and number of bank account or credit card (registered in Belgium).
§3 The details of the end user shall be treated as strictly confidential in accordance with the legal provisions of the law on privacy.
§4 An end user shall be deemed to be validly registered when registration is complete and has been validated by Mobile-for.
§5 The end user shall safeguard the data required for using the service, such as the login and password. He or she shall also take care not to disclose such data to third parties. Mobile-for shall under no circumstances be liable for any loss or the consequences thereof for the end user.
§6 The service provider may impose specific Conditions of Use on the end user on registration.
2.5. Contract with the end user
§1 In the case of end users who have not registered in advance, this contract shall be applicable throughout the duration of their contract with a mobile operator approved in Belgium and during their use of the Mobile-for system. In the case of registered end users, this contract shall be applicable until their formal deregistration and after payment of all the parking and other charges due on that date.
§2 No action aimed at circumventing, limiting, or influencing the obligations arising from these Conditions of Use shall be carried out, omitted, or ordered. The service provider shall deem any action contrary to these provisions to constitute valid grounds for termination of the contract, either directly or indirectly via the mobile operator without prejudice to the entitlement of the service provider to claim damages from the end user.
§3 Mobile-for may suspend the execution of its obligations until payment in full of all debts of the end user.
§4 Mobile-for may suspend the execution of its obligations until payment in full of all debts of the end user.
§5 The service provider may cancel the contract in writing with immediate effect in the event of the end user failing to comply with the obligations arising from these Conditions of Use.
2.6. Conditions of use of the Mobile-for system
§1 The Mobile-for system is used exclusively by participating local authorities and/or other authorities, organizations and/or businesses. Participating local authorities, organizations and businesses are identified by a sign in a visible place in the parking area and on the vehicle (symbol of mobile parking payment). The website www.4411.be contains important information for the end user on using the system.
§2 The end user’s mobile operator shall use MSISDN code (call number) recognition for Mobile-for.
§3 The end user shall start and end parking sessions by sending an SMS to the short number 4411. The end user shall pay the charge in force for each message sent and received. Error messages are received free of charge. The charges shall be shown on the bill sent to the end user by the mobile operator.
§4 The end user shall in any event be responsible for the correct use and smooth functioning of the mobile phone used in combination with the Mobile-for system.
§5 The end of parking session order sent by mobile phone to the Mobile-for system ends the parking time billed to the end user.
§6 For all registered users, parking can be terminated via the personal Web page. In the event of a problem with the user’s mobile network preventing the latter from stopping a parking session in the Mobile-for system, and in this event only, the end user is authorized to end the parking session by calling 078/054411.
§7 In all cases of termination of the contract with the end user, for processing purposes, these Conditions of Use shall continue to govern the relationship between the parties.
§8 Mobile-for, one of its service providers and/or one of its operators, may temporarily suspend (in full or in part) one or more connections or other technical features of the services, in particular for the purposes of running, improving, repairing and maintaining the services. If deemed necessary by the seriousness of the situation, Mobile-for or one of its service providers shall inform the end user of such activities in advance.
§9 Mobile-for, one of its service providers and/or one of its operators, may temporarily suspend (in full or in part) one or more connections or other technical features of the services, in particular for the purposes of running, improving, repairing and maintaining the services. If deemed necessary by the seriousness of the situation, Mobile-for or one of its service providers shall inform the end user of such activities in advance.
§10 A transaction shall be deemed to be formally closed on receipt by the system of the end of parking order. In the event that the end user activates the service confirming the beginning and end of parking, the confirmation message received shall also constitute sufficient proof of the formal closure of the transaction.
2.7. Payment
§1 The end user’s parking times registered in the Mobile-for system shall be binding for the amounts billed to the end user. The service provider may collect the parking fees periodically.
§2 The legal format of parking times and charges is shown on the Mobile-for website (www.4411.be), on the end user’s personal page. The end user may ask to be sent a detailed summary by post. In this case, the service provider will bill extra charges in accordance with the provisions published on the Mobile-for website.
§3 In the event of loss or theft of the mobile phone, the end user must inform the Mobile-for helpdesk and/or the address help@4411.be without delay and terminate the parking session by calling 078/054411. The parking charges will, however, remain payable.
§4 If the end user fails to end a parking session, it will be automatically terminated at the end of the day’s parking period in the zone in question.
§5 In the event of limited parking in the parking zone in question, the parking session will be automatically terminated at the end of the end user's parking period.
§6 Parking charges shall be paid within 14 calendar days of the billing date. If payment is not made within the required period, Mobile-for reserves the right to bill the customer for administrative charges incurred in sending reminders.
§7 In the event of a delay in payment, Mobile-for reserves the right to block the mobile phone and/or registration numbers registered with the parking service until the amounts due are paid in full.
§8 If payment is not made after several reminders, Mobile-for may start legal proceedings to recover the amounts outstanding. The local authority in question may impose fines for non-payment.
§9 If the end user suspects that there is an error in a bill, he/she must consult the summary of charges on the website before contacting the service provider’s helpdesk. The obligation to pay shall not be canceled or suspended due to disputes regarding payment.
§10 The service provider may periodically adapt the costs and subscription fees mentioned in this contract.
2.8. Applicable legislation and regulations, and local bylaws
§1 Local parking bylaws are applicable to all end users of the Mobile-for system who park their vehicles on the public highways in the district in question.
§2 Parking charges may be affected by modifications to local authority parking regulations. Mobile-for cannot be held responsible for the pricing policy and control of the system of the local authority in question.
§3 The end user may print out a summary of his or her parking sessions on the personal Web page, including the amounts before VAT.
§4 Any failure to pay or delay in payment of parking charges and/or any incorrect use of the Mobile-for system may be penalized by a fine.
2.9. Liability
§1 Mobile-for shall not be liable in the event of business and/or indirect and/or consequential damage arising from this contract or from any illegal action, attributable to the failure to operate or malfunction of the Mobile-for system, or in the event of failure in the execution of the services or these Conditions of Use.
§2 Mobile-for shall not be liable for any indirect or consequential damage arising from the use of the Mobile-for system. The end user knows and acknowledges that the possibility of opening and closing a parking session by mobile phone or receiving SMSes regarding parking sessions is subject to the functioning of the telephone network to which the mobile phone is connected as well as the service of the mobile operator subscribed to.
§3 In the event of direct damage, Mobile-for shall only be liable in the event of a deliberate action or serious misconduct on its part. The liability in the event of direct damage shall be restricted to €50 per event and €100 per year. In this context, a series of associated events shall be considered as a single event.
§4 The right to compensation shall be lost if the action is not brought before the competent courts within 6 months of the event causing the damage.
§5 Neither the service provider nor Mobile-for shall be liable for any direct, indirect, or consequential damage attributable to the malfunctioning of the end user’s mobile phone network, delayed receipt of an SMS, force majeure, action or lack of action by one or more third parties involved, or incorrect use of the mobile parking payment system by the end user.
§6 The end user shall be liable for all material or immaterial damage suffered directly or indirectly by the service provider and/or Mobile-for as a result of any action or negligence in breach of these conditions, the authorized instructions based on these conditions, the law, or the legal or arbitration arrangements between the parties. In this context, "law" shall be specifically understood as any illegal action committed by the end user for which the liability of the service provider and/or Mobile-for is incurred.
§7 Mobile-for shall not be held liable for damage imputable to the methods of enforcement employed by the local authorities registered with Mobile-for. In the event of additional arrangements required of the end user by a local authority for purposes of controlling the service, Mobile-for shall not be held responsible with regard to the non-application or incorrect application of these arrangements by the end user, or any negligence affecting these arrangements.
§8. Mobile-for reserves the right to modify or correct these Conditions of Use at any time without prior notice. The new Conditions of Use shall come into force when they are published on the website.
§9. By using the mobile parking payment service, the end user agrees to any changes thereto. The end user shall consequently regularly check the Conditions of Use of the service on the website www.4411.be with a view to examining the conditions by which he or she is bound.
2.10. Applicable law and settlement of disputes
These Conditions of Use are subject to Belgian law. Any disputes relating to these conditions shall be referred to the competent courts of Brussels.