Terms and Conditions

TERMS OF SERVICE

Version: 6.0

Last update: 12/12/2016

The following terms and conditions (the "Terms") govern your involvement and use of the GoPark scheme and associated services (the "Services"). Please read them carefully before clicking "agree" on the registration page (or any update email or notification) or accessing/using any of the features or functions of the Services. We recommend that you download and save/print a copy of these Terms for yourrecords.

The Services are brought to you by the Mayor and Burgesses of the London Borough of Islington ("we", "us", "our" or "Islington") and are administered on our behalf by Ford Motor Company Limited, trading as GoPark Islington ("GoPark"). We have authorised GoPark to carry out various activities required of us under these Terms on our behalf. Any notification or request you receive from GoPark in relation to these Terms or Services should be treated as if received from us.

You agree that all rights arising for the benefit of and all obligations owed to us in connection with these Terms will be deemed to additionally arise for the benefit of and be owed to GoPark. GoPark may therefore enforce any of these Terms for that purpose in its own right as if it were a party to them. Nothing in these Terms extends your liability to GoPark beyond that which you otherwise have to us or permits double recovery by GoPark and us.

These Terms limit our liability to you for loss and damage arising in connection with your participation in the GoPark scheme (see section 9 and 10 for further information).

By applying for and/or using the Service, you confirm that you have carefully reviewed these Terms (and any terms referred to in them, including the Privacy Policy) and you understand and agree to be bound by them.

You must ensure that whilst you are participating in the GoPark scheme anyone who drives the vehicle registered to the scheme (the "Vehicle") is aware of and is willing to comply with these Terms (and any terms referred to in them, including the Privacy Policy).

If you have any questions regarding these Terms, any terms referred to in them or the Services, please email hello@goparkislington.co.uk or call 0207 060 9065, 24 hours a day, 7 days a week.

The following additional terms and conditions also form part of these Terms and apply to your use of our Service:

Changes to these Terms - Please note we may change or update these Terms if we believe it is reasonably necessary to do so (including for security, technical, legal or regulatory reasons). We will give you as much notice of changes and updates as is reasonably possible (and may do so by email to any current registered email address we hold for you, with a pop-up notice on the Website and/or the App and/or any other means we think is appropriate). Your continued use of the Service after such notice has been given will constitute your acceptance of any new or amended terms, but in some circumstances (including for changes to the eligibility requirements that affect you) we may ask you to accept the changes before continuing to use the Service. You may cancel the Services at any time (see section 8 for details of how to do this).

1. TERM

The GoPark scheme is part of an initial pilot, which will end on 30 November 2017, unless we notify you of a later end date (the "Pilot Term"). Unless you or we cancel your participation in the scheme earlier (see section 8) the Services will automatically stop being provided to you on the expiry of the Pilot Term.

2. REGISTRATION

2.1 Acceptance of these Terms does NOT mean that you will automatically be able to use the Services. You may only use the Services when you have successfully applied and been accepted by us to participate in the scheme.

2.2 To apply you must:

(a) check you meet the eligibility criteria in section 3 below; and

(b) if you meet the eligibility criteria, complete the application process accurately, truthfully and fully using the App or Website.

2.3 We will let you know the outcome of your application and, if you are successful, when your registration will start. Please note that we have absolute discretion over whether to accept your application.

3. ELIGIBILITY

3.1 You and the Vehicle (as appropriate) must meet the following criteria to be eligible for the GoPark scheme:

(a) You must be the owner of the Vehicle OR the main user/keeper of the Vehicle and have obtained the permission of the owner to enter the scheme;

(b) The Vehicle must be roadworthy and with an unused on-board diagnostics ("OBD") port;

(c) You must live at an address in the London Borough of Islington and have registered the Vehicle to that address; and

(d) You must hold a valid London Borough of Islington resident parking permit for Zones S or T for the Vehicle.

3.2 You should periodically check to ensure you still fulfil the eligibility criteria and must call the GoPark helpdesk, on 0207 060 9065, as soon as you become aware that you do NOT or will NOT fulfil all of the eligibility criteria set out in Section 3.1 for any reason whatsoever.

4. ACCOUNT AND PASSWORD(S)

4.1 You must keep the details you register with us up to date. You must also keep the details of your GoPark account and any passwords associated with your use of the Website or App confidential so that only you know them. If you forget or accidently communicate your password(s) to anyone else or believe anyone else has become aware of your password, you must immediately re-set your password(s) using any options available on the Website or App or via contacting the GoPark helpdesk.

5. INSTALLATION OF PLUG-IN-DEVICE ("PID")

5.1 You acknowledge that a PID will need to be installed in your Vehicle for you to use the Services. You can install the PID yourself or ask us to do it for you free of charge. If you want us to install the PID, you will need to give us, GoPark (or our or GoPark's representative) access to your Vehicle (and in particular the Vehicle's OBD port) at the time and location (within the London Borough of Islington) agreed by you with the GoPark helpdesk.

5.2 The PIDs being installed have been tested prior to installation. We can confirm that the PID does NOT send any data to your Vehicle; it only reads data from your Vehicle. However, we are NOT able to provide you with any assurance in respect of the effect of installing the PID on your particular Vehicle's warranty. If you would like further information, please call the GoPark helpdesk on 0207 060 9065.

6. PID UPDATES

6.1 You agree that from time to time we or GoPark (or our or GoPark's representative) may automatically update the software in the PIDs either for security, technical or safety reasons, or to change the information which the PID sends to us and GoPark or to improve the operation of the PIDs. Any change in the information sent to us and GoPark will be consistent with the data collection described in the Privacy Policy.

6.2 See the Privacy Policy for details about the information collected from the PIDs and how the information collected is used.

7. YOUR RESPONSIBILITY FOR THE PID and YOUR LIABLITY

7.1 Although we provide you with the PID and install the PID free of charge, the PID remains GoPark's property at all times and you agree NOT to reconfigure, damage, destroy, remove or otherwise interfere with the PID installed in your Vehicle.

7.2 We or GoPark may charge you for any reasonable cost, loss or expense incurred by us or GoPark (or our or GoPark's representative) as a result of your negligent act or omission or breach of these Terms, including, in the event you damage or destroy the PID or prevent us from retrieving it pursuant to section 8.

8. CANCELLATION, DEACTIVATION AND/OR RETRIEVAL OF THE PID

8.1 You may cancel your participation in the scheme at any time and without needing to give a reason by emailing hello@goparkislington.co.uk or calling the GoPark helpdesk at 0207 060 9065.

8.2 We may cancel your participation without needing to give a reason by giving you at least 14 days' notice (which may include by email).

8.3 We may also cancel or suspend your participation in the GoPark scheme immediately, by notice to you (which may include by email), if:

(a) you materially breach any of these Terms (or any terms referred to in them, including the Privacy Policy);

(b) you have NOT completed the application and registration process accurately and truthfully;

(c) you do NOT meet all of the eligibility criteria set out in section 3;

(d) you engage in any activities or conduct that we, in our opinion, determine to be inappropriate, negligent, offensive, abusive or otherwiseunacceptable;

(e) you agree to transfer ownership of your Vehicle to a third party;

(f) your Vehicle has been, or will be, located outside the London Borough of Islington for a continuous period of two (2) months or more; or

(g) the period of our delay or non-performance under section 10.3 continues for more than fourteen (14 days).

8.4 Unless required by applicable law, we will NOT be required to provide evidence to justify or give reasons for cancellation or suspension of your membership.

8.5 Upon the suspension or cancellation of your participation in the GoPark scheme or the Pilot Term expiring, you will no longer have any right to access your account or request or use the Services and we may deactivate the PID installed in your Vehicle.

8.6 You will give us and GoPark (and our or GoPark's representative) all reasonable assistance (including either uninstalling the PID yourself and returning it to us/GoPark or agreeing a time and place within the London Borough of Islington) to enable the prompt retrieval of the PID from the Vehicle before the earlier of:

(a) ten (10) days after you cancel your participation under section 8.1 OR we cancel or suspend your participation under section 8.3; or

(b) thirty (30) days after the Pilot Term expires OR we give notice to you to cancel your participation under section 8.2.

8.7 Notwithstanding section 8.6, you will ensure that you uninstall the PID yourself and return it to us/GoPark or we or GoPark (or one of our or GoPark's representatives) are able to retrieve the PID from the Vehicle before you transfer ownership of the Vehicle (whether legal or beneficial) to a third party.

9. AVAILABILITY OF THE SERVICE AND ACCURACY OF CONTENT

9.1 The Services are part of a free pilot scheme. We do not warrant or guarantee that they will always be available to access by you and we may suspend, remove and/or change the information available as part of the Services and on your account page at any time and without prior notice.

9.2 We will use reasonable efforts to ensure that the Service provides you with up-to-date and accurate information. However, we make no other representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided, nor do we assume any other responsibility or liability for the accuracy, currency, or completeness of the information or data provided by the Service (including the Website and App).

9.3 All signs, notices, instructions, restrictions, or other directions made available by us, enforcement officers, or other persons authorised by us to provide such information, will take precedence over any information or content provided by the Service.

9.4 The Service may provide you with features that help guide you to where potential spaces may be available for parking your Vehicle. However, these features are NOT intended to and do NOT guarantee that a parking space is actually available at that space at the time you arrive or that any particular parking space is suitable for your Vehicle.

10. OUR LIABILITY AND LIMITATIONS

10.1 Any claim or recourse you may have under these Terms will only be against us and NOT GoPark. GoPark does not have any liability to you in connection with these Terms.

10.2 Except as set out below, we will only be liable to you in connection with these Terms to the extent any loss or damage you incur results from our failure to undertake our obligations to provide the Services to you with reasonable care and skill and in accordance with the information we provide to you about us or the Service and we otherwise exclude all conditions, warranties, representations or other terms, express or implied, which may apply to the Service.

10.3 We will NOT be responsible for any failure or delay in performing our obligations under these Terms if the failure or delay results from any events, circumstances or causes beyond our reasonable control. In these circumstances we will be entitled to a reasonable extension of time for performing our obligations.

10.4 Nothing in these Terms will limit or exclude our liability to you:

(a) for personal injury or death arising out of our negligence;

(b) for fraud or fraudulent misrepresentation by us;

(c) to the extent our liability cannot be limited or excluded under the Consumer Rights Act 2015 or any other applicable law.

10.5 Your use of the Services is for domestic and private use only. You agree NOT to use the Services for any commercial, business or resale purposes. We are NOT liable to you for any losses that result from you using the Services other than as a consumer (including any loss of profit, loss of business, business interruption or loss of business opportunity).

10.6 Additional terms (including limitations of our liability) are set out in the Website Terms of Use and App Terms of Use, which will apply to your use of those platforms.

11. THIRD PARTY RIGHTS

Except for the rights granted to GoPark, these Terms are NOT intended to be for the benefit of, and will NOT be enforceable by, any person other than you and us whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

12. ENTIRE AGREEMENT

To the extent permitted by applicable law, these Terms (and the terms referred to in them) constitute the entire agreement between you and us and supersedes all previous agreements and statements.

13. MISCELLANEOUS PROVISIONS

13.1 Your account and these Terms are personal to you and you may NOT assign or transfer any rights granted to you under these Terms.

13.2 If we delay or fail to exercise any right or power we may have in connection with any breach by you with respect to any of these Terms, this will NOT constitute a waiver of that breach or any future breach by you.

13.3 If any term, provision, covenant or condition of these Terms is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

14. APPLICABLE LAW

These Terms (and any non-contractual obligations arising out of or in connection with them) are governed by the laws of England and Wales. You agree that, except to the extent prohibited by applicable law, the courts of England and Wales will have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise out of or in connection with these Terms (including claims for set-off or counterclaim) or the legal relationships established it.

15. CONTACT US

15.1 If you have any questions or comments regarding these Terms, or the use of the Services, please email hello@goparkislington.co.uk or call 0207 060 9065.

15.2 Unless otherwise specified in these Terms,

(a) Any notices sent to you will be by email or post at the current email/postal address provided by you to us/GoPark.

(b) Any notices sent by you to us/GoPark will be by email or sent by registered post to the following address: Email: hello@goparkislington.co.uk or Post: Islington Council, 222 Upper Street, London, N1 1XR

15.3 Any notice delivered via email will NOT be deemed delivered if the sending party is notified that the email address is invalid or that the email is queuing or otherwise may NOT have been received.

WEBSITE TERMS OF USE

Version: 1.3

Last update: 17/08/2016

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. WE RECOMMEND YOU RETAIN A COPY FOR FUTURE REFERENCE.

THESE TERMS INCLUDE LIMITATIONS AND/OR EXCLUSIONS TO OUR LIABILITY TO YOU IN THE EVENT YOU SUFFER LOSS OR DAMAGE IN CONNECTION WITH YOUR USE OF THE SITE (SEE IN PARTICULAR, SECTION 10)

  1. WEBSITE TERMS OF USE

    1. These terms of use (the "Terms"), together with the documents referred to in them, tell you the terms of use and conditions on which you may make use of our website www.goparkislington.co.uk and any content on it (the "Website"), whether as a guest or a registered participant. Use of the Website includes accessing and browsing the Website and these Terms apply regardless of how you access the Website including all technology and devices by which we make the Website available to you.
    2. By using the Website, you confirm that you have read and accept these Terms and that you agree to comply with them.
    3. If you do not agree to these Terms, you must not use the Website.
  2. OTHER APPLICABLE TERMS

    These Terms refer to the following terms, which also apply to your use of the Website:

    • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us or GoPark (including via the Website or app or by calling our help desk on 0207 060 9065. By using the Website, app or when calling our help desk you confirm that all data provided by you is accurate and up to date, you acknowledge that any information shared by, or collected from or about you may be used by us and GoPark in accordance with the terms of the Privacy Policy (as it may be amended from time to time) and you consent to such processing.
    • Our GoPark Terms of Service (the "Terms of Service") which set out information relating to your access to and use of the GoPark service (the "Service").
    • Our Cookie Policy, which sets out information about the cookies on the Website.
  3. INFORMATION ABOUT US AND GOPARK

    1. These Terms of use are between you and the Mayor and Burgesses of the London Borough of Islington ("we", "us", "our" or "Islington").
    2. www.goparkislington.co.uk is a site operated on our behalf by Ford Motor Company Limited, trading as GoPark Islington ("GoPark"), registered in England and Wales under company number 235446 and has a registered office at Eagle Way, Brentwood, Essex, CM13 3BW.
    3. We have authorised GoPark to carry out various activities required of us under these Terms on our behalf. Any notification or request you receive from GoPark in relation to these Terms or the Services should be treated as if received from us.
    4. You agree that all rights arising for the benefit of and all obligations owed to us in connection with these Terms will be deemed to additionally arise for the benefit of and be owed to GoPark. GoPark may therefore enforce any of these Terms for that purpose in its own right as if it were a party to them. Nothing in these Terms extends your liability to GoPark beyond that which you otherwise have to us or permits double recovery by GoPark and us.
  4. CHANGES TO THESE TERMS

    We may revise these Terms at any time by amending this page, and without notice to you. Please check this page from time to time to take notice of any changes we make, as they are binding on you and your use of the Website.

  5. CHANGES TO THE WEBSITE

    We reserve the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, the Website (or any part or functionality thereof) without the need for cause and with or without notice. You agree that neither we, nor anyone acting on our behalf, shall be liable to you for any modification, suspension or discontinuance of the Website (or any part or functionality thereof).

  6. ACCURACY OF CONTENT

    We will use reasonable efforts to provide up-to-date and accurate information on the Website. However, except to the extent we are obliged to do so by law, we do not make any representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided, nor do we assume any responsibility or liability for the accuracy or completeness of the information or data contained or displayed on the Website.

  7. DEPICTION OF VEHICLES

    Any vehicles shown on the Website are for general illustration only and represent a sample vehicle only of the same model and year.

  8. ACCESSING THE WEBSITE

    1. The Website is made available free of charge.
    2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted nor do we guarantee the speed at which the Website will operate. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website and we will not guarantee the compatibility of the Website with any particular hardware or software.
    3. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  9. YOUR USE OF THE WEBSITE AND INTELLECTUAL PROPERTY RIGHTS

    1. We are the owner (or the licensee from GoPark or another third party) of all intellectual property rights in and to the Website and the content published on it. Those works are protected by copyright and other laws and treaties around the world. All such rights are reserved by us (and the relevant owners, including GoPark, where we are the licensee). Your use of the Website and its content grants no right to you in or to our or GoPark's intellectual property rights or those of any third parties in the Website or any content published on it.
    2. You may only use the Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's use of the Website.
    3. You must not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, repost, broadcast, record, transmit, edit, communicate to the public, link to, deep link into or distribute in any way the web pages, content or materials on the Website or the computer codes or elements comprising the Website (including the domain name) other than for your sole personal use. You must not use the web pages, content or materials on the Website for any business or commercial purpose whatsoever.
    4. The materials and content on the Website are not displayed for the purpose of promoting the Services outside the UK.
  10. YOUR ACCOUNT AND PASSWORD

    1. The Website may enable you to set up a user account area which may enable you to access parts of the Website, use certain functionalities and services and store information which are not accessible to other users.
    2. Setting up and using an account (including using the functions of the Website to do so) is also subject to the Terms of Service.
    3. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.
    4. We have the right to disable your user account and any user identification code or password associated with your account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion it is necessary for security reasons or you are in serious breach of any of the provisions of these Terms or the Terms of Service.
    5. If you know or suspect that anyone other than you knows your user identification code or password you must promptly notify us at hello@goparkislington.co.uk
  11. OUR LIABILITY AND LIMITATIONS

    1. Any claim or recourse you may have under these Terms will only be against us and NOT GoPark. GoPark does not have any liability to you in connection with these Terms.
    2. The Website is provided free of charge and therefore, except as otherwise set out below, is provided to you on an ‘as is' basis and your use of it is at your own risk. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to your use of the Website or any content on it, whether express or implied other than as expressly set out in these Terms or the policies or terms and conditions referred to in it.
    3. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
    4. We will use reasonable care and skill to ensure that the Website is safe, secure and free from bugs, viruses and other defects. However we are not able to guarantee that the Website will be safe, secure or free from bugs or viruses or other defects.
    5. Except to the extent arising as a result of our failure to comply with clause 10.3, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
    6. Separate limitations and exclusions are also set out in the Terms of Service which apply to your use of the Services.
    7. Except as detailed in this section 10, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      • use of, or inability to use, the Website; or
      • use of or reliance on any content displayed on the Website; or
      • any third party claim arising out of or in relation to the Website.
    8. The Website is for domestic and private use only. You agree not to use the Website or any commercial, business or resale purposes. We are not liable to you for any losses that result from you using the Website other than as a consumer (including any loss of profit, loss of business, business interruption, or loss of business opportunity).
  12. VIRUSES

    1. You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software.
    2. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use the Website will cease immediately.
  13. NON-RELIANCE

    The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.

  14. LINKING TO THE WEBSITE

    1. You may link to the GoPark home page (solely for your personal use) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or in a way that suggests any form of association, approval or endorsement on our part where none exists. Linking for any commercial or business purpose is not permitted.
    2. GoPark reserve the right to withdraw linking permission at any time without providing notice to you.
  15. THIRD PARTY LINKS AND FUNCTIONALITY ON THE WEBSITE

    Where the Website contains links to other third party websites and resources, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility or liability for information or content provided on such sites or resources.

  16. THIRD PARTY RIGHTS

    Except for the rights granted to GoPark, these Terms are NOT intended to be for the benefit of, and will NOT be enforceable by, any person other than you and us whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

  17. APPLICABLE LAW

    These Terms, the subject matter and formation and any non-contractual obligations arising out of or in connection with them, are governed by the laws of England and Wales. You agree except to the extent prohibited by applicable law the courts of England and Wales will have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise out of or in connection with these Terms (including claims for set-off or counterclaim) or the legal relationships established by these Terms.

  18. CONTACT US

    If you have any questions or comments regarding the use of the Website or these Terms, please email hello@goparkislington.co.uk.

  19. CREDITS

    Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries.App Store is a service mark of Apple, Inc. Android, Google Play and Google Play logo are trademarks of Google Inc.

    Thank you for visiting the Website.

APP TERMS OF USE

Version: 7.0

Last update: 17/08/2016

PLEASE READ THIS APP AGREEMENT CAREFULLY BEFORE DOWNLOADING THE APP. IF YOU DO NOT AGREE TO THE TERMS OF THIS APP AGREEMENT, WE WILL NOT LICENCE THE APP AND DOCUMENTS TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW.

YOU MUST NOT USE THE APP IN AN UNLAWFUL MANNER, FOR ANY UNLAWFUL PURPOSE, OR IN ANY MANNER INCONSISTENT WITH THIS APP AGREEMENT. USING THE APP WHILST DRIVING IS DANGEROUS AND MAY CONSTITUTE A CRIMINAL OFFENCE.

THIS APP AGREEMENT INCLUDES TERMS THAT LIMIT AND/OR EXCLUDE OUR LIABILITY TO YOU IN THE EVENT YOU SUFFER LOSS OR DAMAGE IN CONNECTION WITH YOUR USE OF THE APP (SEE IN PARTICULAR, SECTION 8).

PLEASE RETAIN A COPY OF THIS APP AGREEMENT FOR FUTURE REFERENCE.

The GoPark mobile application software (the "App") is brought to you by the Mayor and Burgesses of the London Borough of Islington ("we", "us", "our", or "Islington") and is administered on our behalf by Ford Motor Company Limited trading as GoPark Islington ("GoPark"). The following terms and conditions ("App Agreement") are between you and Islington and govern your access to and use of the App.

We have authorised GoPark to carry out various activities required of us under this App Agreement on our behalf. Any notification or request you receive from GoPark in relation to this App Agreement or the Services should be treated as if received from us.

You agree that all rights arising for the benefit of and all obligations owed to us in connection with this App Agreement will be deemed to additionally arise for the benefit of and be owed to GoPark. GoPark may therefore enforce any of this App Agreement for that purpose in its own right as if it were a party to them. Nothing in this App Agreement extends your liability to GoPark beyond that which you otherwise have to us or permits double recovery by GoPark and us.

This App is owned by Ford Motor Company, 1 American Road, Dearborn, Michigan 48126 United States of America (hereinafter "Ford") and the content on the App is owned by Ford or its affiliated companies and by affiliates and third parties that post on the App through a license from Ford, but for whom Ford assumes no direct responsibility.Ford operates this App from the United Kingdom ("UK").

You agree that all notices, legal documents, proceedings, etc. will be in the English language. Materials and information provided on or through the App, including but not limited to prices, features, products or services, may not be appropriate for or available outside the UK. If you choose to access the App from outside the UK, you do so at your own initiative and are responsible for compliance with applicable laws.

OPERATING SYSTEM REQUIREMENTS

In these terms "Device" means the device you use to download and use the App. This App is only available to download to an iPhone 5 (or newer model) with the iOS8 operating system (or newer) and a minimum of 118MB of memory or Android 4.0.3 (or newer) and a minimum of 118MB of memory. Your Device will also require Internet access to be able to use all of the App's functions.


Use of the App involves use of the hardware and software on your Device. Your ability to use the App may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

Uninstallation methods vary depending on your Device. To uninstall this App, please use the application manager provided with your Device or consult your device manual for reference.

The operating system company from which you downloaded the App is not a party to this App Agreement, and has no responsibility or liability in relation to the App or its content. The operating system company from which you downloaded the App has no obligation to provide any maintenance or support services in respect of the App.

IMPORTANT NOTICE

By downloading or using the App, you accept and agree to be bound by this App Agreement. Please also note that your use of the App and our services generally (including those which you may access via the App) is also governed by the following terms and conditions which are incorporated herein by reference:

  1. General acknowledgements

    1. The terms of this App Agreement apply to the App including any updates or supplements to the App or any of the Services, unless the Services come with separate terms, in which case those terms apply to those Services.
    2. We may change the terms of this App Agreement and/or update the App at any time if we believe it is reasonably necessary to do so (including, for security, legal or regulatory reasons). We will give you as much advance notice as is reasonably possible (and may do so by email to any current registered email address we hold for you, with a pop-up notice on in App and/or by any other means we think is appropriate). In some circumstances we may need you to download the latest version of the App and/or accept a new version of these terms before continuing to use the App and/or the Services. Your continued use of the App will constitute your acceptance of any new or amended terms and/or updates. You may cancel this App Agreement at any time (see section 11 for details of how to do this).
    3. By using this App you agree that you have read, understand and accept the terms of this App Agreement and you confirm that you are more than 18 years of age and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this App Agreement, and to abide by and comply with the terms of the App Agreement. Your legal parents and guardian must consent to your use of the App if you are under 18 years of age and must consent to be bound the terms of this App Agreement.
  2. Privacy

    1. If you are not the owner of the Device, you must have obtained permission from the owner of the Device to download and use a copy of the App on the Device. You or they may be charged by your or their service providers for Internet access on the Device (which may include any applicable data roaming charges). You accept responsibility in accordance with this App Agreement for use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
    2. Additionally, by using the App, 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 may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Furthermore, transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.
    3. By using the App, you consent to us periodically collecting and using technical information about the Device used, the related system and application software, hardware and peripherals for the Services that are Internet-based or wireless to improve our products and to provide any Services to you. For further information please see the Privacy Policy.
    4. The App will make use of location data sent from the Device. You can turn off this functionality (and withdraw this consent) at any time by turning off the location services settings for the App on the Device. However, if you do this then you will be unable to use some features of the App to access the Service. If you use the App to access the Service, you consent to us, GoPark and our affiliates' and licensees' transmission, collection, processing and use of your location data in accordance with the Privacy Policy.
    5. The App may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our or GoPark's control, and neither we nor GoPark is responsible for and do not endorse their content or their terms of use or privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
  3. Grant and scope of licence

    1. In consideration of you agreeing to abide by this App Agreement, we grant you a limited non-transferable, non-exclusive, revocable licence (the "License") to use the App on the Device, subject to this App Agreement, the Privacy Policy, and the terms and conditions set out in the app store of the operating system from which you downloaded the App. We reserve all other rights.
    2. You may download a copy of the App onto the Device, to view, use and display the App on the Device for your personal non-commercial purpose only.
  4. Licence restrictions

    Except as expressly set out in this App Agreement or as permitted by applicable law, you agree:

    • 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;
    • not to sell, rent, lease, sub-license, loan, redistribute, translate, merge, adapt, vary or modify the App;
    • not to use the App, or content made available through the App, for any business, commercial or resale purpose whatsoever;
    • not to distribute or make the App available over a network where it could be used by multiple devices at the same time;
    • 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;
    • 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:
      1. is used only for the purpose of achieving inter-operability of the App with another software program;
      2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
      3. is not used to create any software that is substantially similar to the App;
    • to keep all copies that you make of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
    • to include our copyright notice on all entire and partial copies you make of the App on any medium;
    • 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; and
    • to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App ("Technology"), together "Licence Restrictions".
  5. Acceptable use restrictions

    You must:

    • not use the App in any unlawful manner, for any unlawful purpose, or in any way that infringes the rights of anyone else, or in any manner inconsistent with this App Agreement;
    • not act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, trojans, worms, logic bombs, harmful data or other material which is malicious or technologically harmful into the App, any of the Services or any operating system. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App;
    • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any of the Services (to the extent that such use is not licensed by this App Agreement);
    • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
    • not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit anyone else's use of the App; and
    • not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any of the functions provided by the App.
  6. Your Account and Password

    1. The App may enable you to set up a GoPark user account which may enable you to access parts of the App, use certain functionalities and services and store information which are not accessible to other users.
    2. Setting up and using a user account (including using the functions of the App to do so) is also subject to the Terms of Service.
    3. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.
    4. We have the right to disable your user account and any user identification code or password associated with your account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion it is necessary for security reasons or you are in serious breach of the provisions of this App Agreement or the Terms of Service.
    5. If you know or suspect that anyone other than you knows your user identification code or password you must promptly notify us at hello@goparkislington.co.uk.
  7. Intellectual property rights

    1. You acknowledge that all intellectual property rights including but not limited to copyright in and to the App and the Technology and content (including the artwork, graphics, text, video and audio clips, trademarks, and logos) made available through the App anywhere in the world belong to us (or our licensors, including GoPark), 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 and content other than the right to use each of them in accordance with this App Agreement.
    2. You acknowledge that you have no right to have access to the App in source-code form.
  8. Limitation of liability

    1. The App is provided free of charge and therefore except as otherwise set out below is provided to you on an 'as is' basis and your use of it is at your own risk.
    2. You acknowledge that the App has not been developed or provided to you 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.
    3. Any claim or recourse you may have under this App Agreement will only be against us and NOT GoPark. GoPark does not have any liability to you in connection with this App Agreement.
    4. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to your use of the App or any content on it, whether express or implied other than as expressly set out in this App Agreement or the policies or terms and conditions referred to in it.
    5. Nothing in this App Agreement shall limit or exclude our liability for:
      • death or personal injury resulting from our negligence;
      • fraud or fraudulent misrepresentation; and
      • any other liability that cannot be excluded or limited by applicable law.
    6. We will use reasonable care and skill to ensure that the App is safe, secure and free from bugs, viruses and other defects. However we are not able to guarantee that the App will be safe, secure or free from bugs or viruses or other defects.
    7. Except to the extent arising as a result of our failure to comply with clause 8.5, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data or other proprietary material due to your use of the App or to your downloading of any content on it, or on any website linked to it.
    8. Separate limitations and exclusions are also set out in the Terms of Service which apply to your account.
    9. Except as detailed above in this section 8, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      • use of, or inability to use, the App;
      • use of or reliance on any content displayed on the App; or
      • any third party claim arising out of or in relation to the App.
    10. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes. We are not liable for business losses. If you use the App for any commercial, business or re-sale purpose, in addition to the above limitations, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    11. We reserve the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, the App (or any part or functionality thereof) with or without cause or notice. You agree that except as detailed above in this section 8, we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App (or any part or functionality thereof).
    12. We will use reasonable efforts to provide up-to-date and accurate information through the App. However, we make no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided, and you agree that except as detailed above in this section 8, we shall not be liable for the accuracy or completeness of the information or data contained or displayed in the App.
    13. We, and not the operating system company from which you downloaded the App, are responsible for addressing any claims you or any third party may have relating to the App, including, but not limited to:
      • product liability claims;
      • any claim that the App fails to conform to any applicable legal or regulatory requirement;
      • claims arising under consumer protection or similar legislation; and
      • claims that the App, or your possession and use of the App, infringes any third party intellectual property rights.
  9. Third party links and functionality

    1. Where the App contains links to other third party websites and resources, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility or liability for information or content provided on such sites or resources.
    2. If you use the available HERE mapping functionality on the App, you agree to HERE's terms of service available at https://legal.here.com/terms/serviceterms/gb/.
  10. Third party rights

    1. Except for the rights granted to GoPark and as provided for in 10.2 below, this App Agreement is NOT intended to be for the benefit of, and will NOT be enforceable by, any person other than you and us whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    2. You and we hereby agree that Ford and the operating system companies from which you downloaded the App are third party beneficiaries of this App Agreement and they may enforce any term of this App Agreement against you as if they were a party to the App Agreement. Notwithstanding, we may cancel or vary this App Agreement without the need to seek or obtain the consent of any third party (including, Ford and any operating systems company).
  11. Cancellation by you and by us

    1. The Licence granted by this App Agreement is effective until cancelled by you or us.
    2. You may cancel this App Agreement at any time without notice and for any reason by uninstalling the App. Uninstallation methods vary depending on your Device. To uninstall this App, please use the application manager provided with your Device or consult your device manual for reference.
    3. We may permanently cancel this App Agreement or temporarily suspend your access to all or any part of the App at any time, without notice for any reason, including but not limited to:
      • our refusal to grant you a GoPark account;
      • if you commit a serious or persistent breach of this App Agreement, which you fail to remedy (if remediable) within 5 days after the service of written notice requiring you to do so;
      • if you breach any of the Licence Restrictions or the Applicable Use Restrictions;
      • circumstances where in our opinion such action will mitigate an identified risk or prevent the App from being abused, manipulated or otherwise undermined; and
      • cancellation of your participation in the GoPark scheme.
    4. On cancellation for any reason:
      • all rights granted to you under this App Agreement shall cease;
      • you must immediately cease all activities authorised by this App Agreement, including your use of any of the Services; and
      • you must immediately delete or remove the App from the Device, and immediately destroy all copies, full or partial, of the App then in your possession, custody or control and on request by us certify to us (or our nominee) that you have done so.
  12. Depiction of Vehicles

    Any vehicles shown on this App are for general illustration only and represent a sample vehicle only of the same model and year.

  13. Communication between us

    1. "GoPark Islington" is a trading division of Ford Motor Company Limited of Eagle Way, Brentwood, Essex, CM13 3BW.
    2. If you wish to contact us, or if any condition in this App Agreement requires you to give us notice, you can send this by e-mail at hello@goparkislington.co.uk, by calling the GoPark help desk on 0207 060 9065 or by prepaid post to Islington Council, 222 Upper Street, London, N1 1XR.
    3. If we have to contact you or give you notice in writing, we will do so by giving notice on the App, by e-mail or by pre-paid post to the address you provide to us during registration to use the GoPark scheme.
  14. Other important terms

    1. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under this App Agreement that is caused by an act or event beyond our reasonable control ("Event Outside Our Control"). If an Event Outside Our Control takes place that affects the performance of our obligations under this App Agreement, the App Agreement shall be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
    2. We may transfer our rights and obligations under this App Agreement to another organisation, but this will not affect your rights or our obligations under this App Agreement. You may not transfer, sub-license or otherwise deal with any part or all of this App Agreement (or any rights granted under it) to any other party.
    3. If we fail to insist that you perform any of your obligations under this App Agreement, 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 expressly in writing, and that will not mean that we will automatically waive any subsequent or prior default by you.
    4. Each of the paragraphs and sections of this App Agreement operates separately. If any court or competent authority decides that any of them or any part of them are unlawful or unenforceable, the remaining paragraphs, sections and parts of them will remain in full force and effect.
    5. This App Agreement, the subject matter and formation, (and all non-contractual obligations arising out of or in connection with it) are governed by the laws of England and Wales. You agree that except to the extent prohibited by applicable law the courts of England and Wales will have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise out of or in connection with this App Agreement (including claims for set-off or counterclaim) or the legal relationships established by this App Agreement.
    6. This App Agreement has been entered into on the date that you downloaded the App to the Device or such later date as you accepted this App Agreement and any updates to it.
  15. Acknowledgements

    The product includes open source software from the following third parties (or third party developers) subject to the following terms.

    This product includes software licensed under the Apache 2.0 license and developed by the following:

    Copyright (C) 2011-2013 Square, Inc.

    Copyright (C) 2012 Markus Junginger, greenrobot (http://greenrobot.de)

    Copyright 2013 Christopher Jenkins

    Copyright 2001-2014 Stephen Colebourne

    @authors: Stephen Colebourne, Brian S O'Neill, Guy Allard, Mike Schrag, Kandarp Shah, Sean Geoghegan, Maxim Zhao, Fredrik Borgh, Julen Parra, Chris Pheby, Blair Martin, Jeremy R. Rickard, Al Major.

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    This product includes software licensed under the MIT license and developed by the following:

    Copyright (c) 2014 Mattt Thompson

    Copyright (c) 2014 Jonathan Baker

    Copyright (c) 2013 Karl Swedberg

    Ford chooses to use HTML5Shiv and its associated components under the MIT License, Copyright (c) 2014 Alexander Farkas (aFarkas).

    MIT License

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    This product includes software licensed under the MIT license:

    Copyright (C) 2013 Justin Spahr-Summers.

    Copyright (c) 2012-2015 GitHub, Inc. All rights reserved.

    This product includes software licensed under the Zlib license: Copyright 2012-2013 Charcoal Design

    This product includes software licensed under the Apache 2.0 license:

    Copyright 2013 Christopher Jenkins

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License a http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    This product includes software licensed under the Zlib license:

    Created by Nick Lockwood on 29/12/2012. Copyright 2012 Charcoal Design

    This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

    1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
    2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
    3. This notice may not be removed or altered from any source distribution.

    This product includes software licensed under the MIT license:

    Copyright (C) 2013 Justin Spahr-Summers.

    Copyright (c) 2012-2015 GitHub, Inc. All rights reserved.

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    This product includes software licensed under the BSD license.

    Copyright (c) 2011-2013, Tony Million. All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    This product contains software licensed under Apache 2.0:

    Copyright 2013 Chris Banes Copyright 2015 Jake Wharton

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    This product contains software licensed under Apache 2.0:

    Copyright 2015 The RxAndroid authors

    Licensed under the Apache License, Version 2.0 (the "License"), you may not use this file except in compliance with the License. You may obtain a copy of the License at >http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    This product contains software licensed under Apache 2.0:

    Copyright 2013-2014 Netflix, Inc. Copyright (C) 2010 The Guava Authors Copyright 2011-2015 David Karnok

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    The MIT License (MIT)

    Copyright (c) 2014 Ruoyu Fu Copyright (c) 2014 Pinglin Tang

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    This product includes software licensed under the Apache 2.0 license:

    Copyright 2012 Jake Wharton Copyright 2011 Patrik Åkerfeldt Copyright 2011 Francisco Figueiredo Jr.

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    This product includes software licensed under the MIT license.

    Copyright (c) 2015 soragoto

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    This product includes software licensed under the MIT license.

    Copyright (c) 2014 Nikolaj Schumacher

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    This product includes software licensed under the Apache 2.0 license:

    Copyright (C) 2010 The Android Open Source Project

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    This product includes software licensed under the MIT license:

    Copyright (c) 2011-2014 Bit Stadium GmbH Copyright (c) 2009 nullwire aps Thomas Dohmke Sebastian Schuberth Bogdan Nistor Patrick Eschenbach Francisco Javier Fernandez Mads Kristiansen Glen Humphrey Evan Charlton Peter Hewitt

    MIT License Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    This product includes software licensed under the Apache 2.0 license:

    Copyright 2008, Dave Benson.

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    This product includes software licensed under the MIT license:

    Copyright (c) 2011 - 2014 HockeyApp, Bit Stadium GmbH. Copyright (c) 2008-2013 Plausible Labs Cooperative, Inc. Copyright (c) 2010 MOSO Corporation, Pty Ltd. Copyright (c) 2013 Tetherpad Copyright (c) 2014 Jonathan M. Reid Copyright (c) 2011 Mattt Thompson (http://mattt.me) Andreas Linde mail@andreaslinde.de Moritz Haarmann post@moritzhaarmann.de Stephan Diederich Gwynne Raskind gwraskin@microsoft.com Damian MorrisLandon Fullerlandonf@plausible.coop Kent Sutherland Peter Steinberger Buzz Andersen Jonathan Wight, Jon Crosby, and Mike Malone.

    MIT License Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    This product includes software licensed under the BSD license:

    Copyright 2014 hamcrest.org All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

      1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
      2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
      3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    This product contains software licensed under Apache 2.0:

    Copyright (C) 2012-2015 Square, Inc.

    Copyright (C) 2011-2012 The Android Open Source Project

    Copyright (C) 2011-2012 Google Inc.

    Copyright 2013 Twitter, Inc.

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

    http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    This product contains software licensed under Apache 2.0:

    Copyright 2013-2016 Netflix, Inc.

    Copyright (C) 2010 The Guava Authors

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    This product contains software licensed under Apache 2.0:

    Copyright 2011 Yuri Kanivets

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

PRIVACY POLICY

Version: 6.0

Last update: 17/08/2016

GoPark is committed to protecting and respecting your privacy.

SUMMARY

The GoPark mobile application software (the "App") and the GoPark website at http://www.goparkislington.co.uk/ (the "Website") and any of the services accessible as part of your participation in the GoPark service (the "Services") use information which you submit, and also information about your location, the state of your vehicle and how it is driven, which is generated by the plug-in device ("PID") in your vehicle. This information will be combined with the information about your parking permit status and processed by GoPark on behalf of the Mayor and Burgesses of the London Borough of Islington:

Information about your location, the state of your vehicle and how it is driven will also be used by companies within the Ford Motor Company group of companies for mobility research projects. The information used for these projects will not include your name or address.

You can find out in more detail below:

SCOPE OF POLICY

This policy (together with the GoPark App Terms of Use and any additional terms of use incorporated by reference into the GoPark App Terms of Use, together "App Terms") applies to your use of:

This policy sets out the basis on which personal data collected from you or provided by you, will be processed by GoPark. Please read the following carefully to understand the views and practices GoPark have regarding your personal data and how GoPark will treat it.

For the purpose of the Data Protection Act 1998, the data controller of the personal data submitted to or generated by the app and the Website, the PID, and during your use of the Services is the Mayor and Burgesses of the London Borough of Islington ("we", "us", "our", or "Islington"), and Ford Motor Company Limited trading as GoPark Islington ("GoPark") processes such data on our behalf.

Some data collected from you will also be shared with Ford Motor Company Limited and Ford Motor Company as data controllers to carry out certain mobility research projects.

INFORMATION WE MAY PROCESS ABOUT YOU

We may collect and process the following data about you in relation to your use of the App, the Website, the PID, and the Services:

Information you submit (Submitted Information): You may give GoPark information about yourself by filling in forms in the App or the Website, or by corresponding with GoPark (for example, by e-mail or via the telephone helpline). This also includes information you provide when you download the App, register as a user of GoPark, respond to GoPark surveys or provide GoPark with feedback following your use of the Services. The information you give to GoPark may include your name, address, e-mail address, permit zone, vehicle registration number, vehicle make and model, password, and the Device's phone number. The App may include social networking features. Please ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by others.

Information we collect about you and information that may be accessed from or stored to your Device.

Our third-party service provider, HERE, may also deploy cookies to provide the mapping functionalities. Please see HERE's cookie policy for more information, available through https://legal.here.com/privacy/policy/gb/.

We use cookies and similar technologies to remember you so that you do not need to log onto your account each time you open the App.

You can find out more about cookies and similar technology and how to control them here.

Location Information: We may also use real time Global Positioning System (GPS) technology to determine your current location from your Device. Some of the Services may require your current location to be enabled on your Device before the feature will work. Location enabled features may include: mapping features used to help you know the local parking rules, pay for parking across the Islington area and identify the nearest likely free parking space near your destination in the Islington area. If you wish to use these particular features, you may be asked to consent to your location data being used for this purpose. Depending on your Device, you can either withdraw your consent at any time by going to settings > privacy > location services and revoking location privileges for the App or by turning off the GPS service in the settings menu.

In-Vehicle Information: When you join GoPark your vehicle will be fitted with a PID and GPS vehicle tracking technology which collects various types of information regarding the state of the vehicle and how it is driven. This includes information about the vehicle location, driving route, mileage, vehicle speed and acceleration, braking conditions, engine and transmission parameters, diagnostic codes and the associated vehicle status, or substantially similar information. The In-Vehicle Information also includes the unique vehicle identification number ("VIN") of the vehicle.

USES MADE OF THE INFORMATION

As described above, we use the information collected from you when you use the Services:

In particular, we use information held about you in the following ways:

We may also use this information to send you push notifications. Notifications may include alerts, sounds and icon badges. You can elect not to receive push notifications when prompted by your Device. You may also opt-out of receiving push notifications by turning them off in your mobile phone's settings.

DISCLOSURE OF YOUR INFORMATION

GoPark processes your personal information on behalf of us when providing the Services.

The In-Vehicle Information may also be shared with companies within the Ford Motor Company group of companies for the mobility research projects described in the previous section of this privacy policy.

Except as described in this privacy policy, we will not share your personal information with other third parties unless it is necessary to provide the Service, fulfil a transaction you have requested, or in other circumstances with your consent.

In order to provide you with the Service, it may be necessary for us to disclose your personal information to service providers who are engaged by GoPark on our behalf to deliver certain elements of the Service. "Service providers" include payment providers, the GoPark call centre, parking space availability checkers, PID installers, and technical support providers. Information about your location and parking permit status may also be passed to our Enforcement Officers.

We may disclose your personal information, including Location Information and In-Vehicle Information, in response to requests from a law enforcement authority; in other circumstances in which GoPark believe the Service is being or has been used in violation of an applicable law or otherwise in the commission of a crime; when GoPark has a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or when necessary to protect the rights or property of GoPark or third parties.

STORING AND TRANSFERRING YOUR PERSONAL DATA

The data that we collect from you in relation to the App, the Website, the PID and Services may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by service providers operating outside the EEA who work for or on behalf of GoPark. Any such transfer will be made on terms that ensure that your data is treated securely and in accordance with this privacy policy and the UK Data Protection Act 1998.

All information you provide to us is stored on secure servers. Where GoPark has given you (or where you have chosen) a password that enables you to access certain parts of the App, you are responsible for keeping this password confidential. GoPark asks you not to share this password with anyone.

The transmission of information via the Internet is not completely secure. Although GoPark will do its best to protect your personal data, it cannot guarantee the security of your data transmitted from the App; any transmission is at your own risk. Once it has received your information, GoPark will use strict procedures and security features to prevent unauthorised access so far as reasonably practicable.

YOUR RIGHTS

You have the right to ask GoPark not to process your personal data for marketing purposes. You can exercise your right to prevent such processing at any time by contacting GoPark by using one of the methods in the contact section below.

The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of up to the maximum permitted by the Data Protection Act 1998 (currently £10), to meet the costs incurred by us in providing you with details of the information we hold about you. If you would like to access and/or correct personal information held by us or GoPark, please use the relevant contact details provided in the contact section below.

CHANGES TO PRIVACY POLICY

GoPark may change these terms at any time. We will either send you an e-mail with details of any material changes or notify you of material changes 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. Your continued use of the App or the Services will constitute your acceptance of any new or amended terms once posted on the Website or received by you by email.

CONTACT

If you have queries about parking in Islington, contact Islington Council, 222 Upper Street, London, N1 1XR.

"GoPark Islington" is a trading division of Ford Motor Company Limited a company registered in England and Wales (Registration no. 235446) whose registered office address is Eagle Way, Brentwood, Essex, CM13 3BW.

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to hello@goparkislington.co.uk

COOKIE POLICY

Version: 4.2

Last update: 17/08/2016

At GoPark, we use cookies to make our websites (including mobile websites) easier to use, to help make them more secure and to tailor content to be more relevant for you. This guide is designed to explain, as clearly as possible, what cookies are; the purpose of those used on GoPark websites; and what options you have to control or delete them – if you decide you want to.

What is a cookie?

Almost every website uses cookie technology. A cookie is a small data file stored in a browser's directory. It gets downloaded through a browser during the first visit to a website. When you next return to the site using the same device, the browser may check to see if a related cookie is present (i.e. containing the site name) and use the data inside the cookie to send back to the site. This allows sites to recognise that the browser has visited before and, in some cases, vary the content shown to reflect that.

On apps, most often the information accessed from or stored to your device is used in a similar way to website cookies. The information may enable the app to remember you, provide you with the content you requested or help us to improve the app by allowing us to monitor how the app is being used.

The benefits of cookies

Some cookies are extremely useful, because they can make the experience more user-friendly when you come back to a website you've visited several times previously. Provided you use the same device and browser as before, they can, for example, remember your preferences, help us to know how you use our sites, and make the content shown more relevant to your interests and needs. None of the cookies used on our websites collect information that personally identifies you.

Controlling and deleting cookies

If you want to change how a browser uses cookies, including blocking or deleting cookies from GoPark websites (or any other website in fact) you can do so by changing the browser settings.

To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you each time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use the Help function within it or alternatively you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

On a mobile device, depending on the information being stored or accessed, if you wish to restrict or block this, you may be able to use your device's operating system settings or manufacturer settings. Review the manual for your device for instructions.

Cookies active on the GoPark website

Strictly necessary cookies active on the GoPark website

GoPark Cookie Description
com.gopark.acceptcookies Lets us know that you have seen our cookie message. This cookie will expire after 1 month.

Functionality and performance cookies active on the GoPark website

Cookie and Source

Description

Cookies: s_cc, s_vi, s_sq, s_visit, ev_36_getval, s_p_s_prop8, s_suite, s_fid

Source: Adobe Analytics

Helps to improve our sites by providing anonymous tracking information. This helps us to understand such things as which content is used the most, how you are finding the sites and whether our sites are running efficiently.

Cookies: sat_track

Source: Adobe Dynamic Tag Manager

Used for content management of tagging solutions.

How to manage cookie settings: To opt-out of analysis by Adobe Analytics on our website and other websites, please visit http://www.adobe.com/privacy/opt-out.html.

Other cookies active on the website

Source

Description

YouTube / Google

We embed YouTube videos using YouTube’s privacy-enhanced mode.

This mode may set cookies on your computer once you click on the YouTube video player, but YouTube/Google will not store personally-identifiable cookie information for playbacks of embedded videos using the privacy-enhanced mode.

Read more here.

Cookies and similar technologies active on the GoPark app

The GoPark app uses cookies and similar technologies to remember you so that you do not need to log onto your account each time you open the app.

The GoPark app may also use your preference settings from your device to provide you with push notifications. You may opt-out of receiving push notifications by turning them off in your mobile phone's settings or within the app's settings menu.

We also use Adobe Analytics to collect statistical data about how the GoPark app is used.

To opt out of Adobe Analytics on the GoPark app, go to the settings menu within the GoPark app. In this menu, set "Adobe Analytics" to OFF.

We may collect technical information from your device when the App crashes in order to understand what went wrong.

To opt out of the sending of error reports on the GoPark app, go to the settings menu within the GoPark app. In this menu, set the ‘Send error reports' to OFF.

Our third-party service provider, HERE, may also deploy cookies to provide the mapping functionalities. Please see HERE's cookie policy for more information, available through https://legal.here.com/privacy/policy/gb.