Terms & Conditions

Subscription to the TELPARK service implies the acceptance without reservation of the current terms of use of the service, so you must read carefully the terms and conditions below. The TELPARK Service TELPARK is a system applied by MAKSU ESPAÑA, S.L. (hereinafter “MAKSU”) Fiscal Registration No. CIF B86389541, having its headquarters at Avenida del General Perón, 36, planta 1ª, Madrid, for the payment of goods and services by means of the applications developed for each TELPARK service. The company MAKSU ESPAÑA, S.L. is registered in the Madrid Companies Register, volume 29760, folio 18, sheet number M-535468, entry 1. The TELPARK Service is a service owned by MAKSU ESPAÑA, S.L., and developed for its customers (hereinafter the “User”) for the rental and payment of parking of vehicles on public roads or in car parks not on public roads (private or franchised car parks) as well as for payment for goods and services from entities subscribed to the TELPARK Service. The requirements for membership of, and registration with, the TELPARK Service, and the usage requirements will depend, in each case, on the completion of the compulsory information fields imposed by each entity, as there may exist optional information fields in relation to use of the TELPARK Service in certain contracting, or payment for, goods and services, which will never again be required for any other operation. MAKSU is at liberty to suspend, block, interrupt or cancel the TELPARK service or the User registration, in the following circumstances:

• in order to guarantee the security of the service or the means of accessing it,
• when the service is being used fraudulently or wrongfully,
• when it is necessary to perform maintenance or repair operations to the service, and
• in the event of a breach of the conditions by the User.

Through TELPARK the User may enter into contracts and make various payments, and consequently may proceed to contract parking time and manage this contract and other services subsequent or complementary to that same contract, the payment of fees for different forms of car parking, including on the street or in car parks and the contracting of any other services or the purchase of any other goods whatsoever marketed by TELPARK’s member entities. Registration with the TELPARK Service The User must register with the TELPARK service via the application for mobile phones or via the MAKSU web page (www.telpark.com), or via the portal of one of the member entities or the business information diffusion portals or the TELPARK service providers, these being the only means of registering, without prejudice to the possible setting of new forms of registration in the future. Registration for the TELPARK service implies the total and unreserved acceptance of the terms of use of the service, and of the terms and conditions applicable to sales and services contracted via TELPARK, the acceptance of the terms of the creation and use of the User’s account and the completion of personal details required for registration, the irrevocable authorisation of the charging of costs for parking and other services and goods contracted by the User by means of credit or debit cards linked to the TELPARK service. The User may cancel his/her registration and/or rescind the authorisation to charge for the costs of car parking and other goods and services paid for via TELPARK by means of his/her linked credit or debit card, or by any other means of payment designated and accepted, on condition that there exist no outstanding payments or charges. Subscription to the TELPARK service presupposes the express and unconditional consent to the use of the number plate reading system by car park owners, for the purpose of charging and payment for stays in car parks, thereby obliging the User to maintain his/her number plates in a condition where they are perfectly readable. The User expressly consents to, and accepts, the use and storage for a period of 60 days of images obtained by number plate reading systems installed in different car parks. When using the parking services associated with the TELPARK service, as with the other goods and services contracted through TELPARK, it is specifically to be noted that payment can be made by telematic means. The terms of use of the TELPARK service can, at any time, be modified, and in such a case, the registered Users must be notified. The new terms must be expressly accepted by the User. The User shall be personally responsible for the veracity, accuracy and authenticity of the details supplied at the time of registering. Registration implies that the User makes available certain personal details, for example, his/her first name and surname/business names, address, fiscal identification number, mobile phone number and the registration number of the linked vehicle. In accordance with the provisions of Organic Law 15/1999, on the Protection of Personal Data, Users are informed that the personal information details obtained by means of the completion of the form creating a User account for the purpose of using the TELPARK service, will be processed and incorporated within files under the ownership of MAKSU, entered in the General Register of the Spanish Data Protection Agency, whose purpose is the management of the commercial and contractual relationship of the User and the TELPARK service. In the case of the service supplied by MAKSU SERVICE, S.A., the User may contact, in accordance with the provisions of the Portuguese Data Protection Law - Law 67/98, dated 26 October - by writing to the following address: calle Joaquim António de Aguiar, 19, 1070-149 Lisboa or to the following email address: info@telpark.com. The User is required to keep his/her registered account details up to date. The User is uniquely and exclusively responsible for his/her use of the TELPARK service, and is personally responsible for parking payment requests and payment for other goods and services, payment of the cost of each parking stay and service, and for all other payments authorised through the TELPARK service, as well as for any damage caused to the TELPARK service or MAKSU. The User is also responsible for the security of the equipment s/he uses to access the TELPARK service, to ensure the confidentiality and privacy of his/her data. The User may expressly accept the receipt of commercial information, advertising and marketing on behalf of MAKSU, and the companies belonging to its group. Nevertheless, by accepting the present conditions of use of the TELPARK service, the User consents to receive invoices by telematic means. The User expressly authorises MAKSU to send payment notifications or other charges made through the account to his/her registered TELPARK service account. The present contract is subject to Spanish Law and the present terms and conditions shall be governed and interpreted in accordance with the same, and shall be subject to the jurisdiction of the courts of Madrid, which will have sole jurisdiction in this case. If the TELPARK service is used in Portugal, through MAKSU SERVICES, S.A., Portuguese legislation will apply, and the contract will be subject to the courts of the city of Lisbon. User account registration By registering for the TELPARK service, a TELPARK account registration will be created (“user account”), which will include the data necessary to identify the User and to enable the performance of the operations linked to the service, namely,

• the User’s mobile phone number,
• the registration number(s) of the vehicles linked to the User’s account and
• the payment methods linked to his/her account, the obligatory information (without which the registration could not take place), existing alongside the optional information.

The registered account may be created through the web page www.telpark.com, or through the TELPARK application downloaded onto a mobile phone or through the portal of one of the member entities or through a business information diffusion portal or a portal of one of the suppliers of TELPARK services. Once the User account has been created, the User shall be able to access his/her personal details with his/her user name and password, which must be kept strictly confidential. The user account will include an orderly or historic record of the transactions made, including the parking stays paid for by the User, indicating the payments related to those stays, as well as other payments made through the TELPARK service. These historical records represent the authenticity and the evidence of the receipt of the payment requests received by the User for payment for parking and other services, representing the authenticity of the transactions performed, which does not constitute a total and absolute right to the use of the parking space, and it being irrelevant in regard to the transaction whether, or not the parking space was used by the Users after making the payment or reservation. All the requests for payment for parking and other services accessed by the User shall automatically be linked to his/her User account and therefore with the payment methods linked to the same. All the vehicle registration numbers for which payment for parking was requested through TELPARK will automatically be linked to the User’s account, and therefore with the methods of payment, including the credit or debit card linked to the User’s account. In order to be able to use the TELPARK service to pay for parking and other goods and services, it is necessary for the User to link his/her account with at least one of payment methods available and accepted for the TELPARK service. The User is obliged to provide another payment method if the payment method linked to the account cannot be charged, or rejects the transaction for any reason. After linking one of the available methods of payment, the User must make a first payment of low value in order to confirm the validity of the chosen method of payment and the correct working of the User account; this will be produced automatically. If successful, the value of this transaction will immediately be credited to the relevant User account. If the User requires an invoice or payment receipt showing the name and the fiscal identification number, this must be requested before using the service, by checking the “invoice” box. For this reason, during the process of registering his/her account the User must provide invoicing details (name, address and Fiscal Identification Number), with the invoice being sent as to the final consumer. The invoice will include the services supplied by TELPARK and all payments made by the User for the parking of vehicles, as well as payments for other goods and services. The User is solely responsible for the use that, in accordance with the terms of use, s/he makes of the TELPARK service, through his/her User account, and specifically being solely responsible for

• the payment requests for parking,
• the payment of fees for on-street parking,
• payment for other goods and services, and
• for any damage caused to the Service.
• User payments and charges

On registering with the Service, the User authorises TELPARK to charge to his/her credit or debit card, or to any other payment method linked to the User’s account, all services contracted though the TELPARK service. From the moment that the User requests a payment for parking, goods or services through the TELPARK service, the credit or debit card or the authorised payment method may be charged immediately. Nevertheless, the charge on the account may show a date later than the transaction, up to a maximum of 30 days. In all cases, the contract for parking or the contract of sale of the goods or services will establish a direct legal relationship between the User and the suppliers of the said services. Therefore, the owner of the car park or the suppliers will be solely responsible for the sale of the goods or the provision of services. The User shall be responsible for the maintenance of the user account, and for checking that no unpaid balances exist. Use of the TELPARK service may entail the payment of a commission charge, of which the User will be informed prior to confirming each transaction, and which must be accepted by the User. The User expressly acknowledges that MAKSU may charge an additional penalty for each failed transaction, if it proves impossible to charge the linked credit or debit card and other authorised payment methods. The penalty charge will be 25% of the value of the transaction, and under no circumstances will be less than fifty Euro cents (0.50€). The User recognises the right of MAKSU to make a commission charge for the use of the TELPARK service, as well as a penalty charge for unpaid balances on the User’s account, equivalent to fifty percent (50%) of the outstanding balance owed by the User, an amount which shall under no circumstances be less than twenty Euros (20€), as a form of penalty for overdue accounts notification. Once a User has requested a payment by means of the TELPARK service, such a payment cannot be cancelled. The payments and charges made to the User’s account will be effected over a secure and certified payments platform, guaranteeing privacy and confidentiality for each transaction. The User can expressly authorise advanced payment of certain goods and services, such as parking, tolls, etc., with the vehicle registration number linked to his/her TELPARK User account. Responsibility MAKSU shall make every effort to ensure the uninterrupted availability of the TELPARK service, and to ensure an absence of errors in any communication it issues. Nevertheless, and due to the very nature of the service, it is not possible to guarantee the correct functioning of internet communications. Furthermore, access to TELPARK services may occasionally be suspended or restricted due to the performance of maintenance or repair works, or to the introduction of new products or services. Attempts will always be made to limit the frequency and duration of any such suspensions or restrictions. Under no circumstances will MAKSU be responsible for the fulfilment of obligations or the supply of goods and services linked to the TELPARK service, including for

• fines or penalties suffered by the User arising out of the poor condition or illegibility of vehicle number plates,
• nor for fines or penalties suffered by the User arising out of incorrect use of the IT application by the User,
• nor for fines or penalties suffered by the User due to the User’s incorrect use of the web application or the inputting of his/her personal details or the details of his/her vehicle,
• nor for fines or penalties suffered by the User because of incorrect use of the global positioning system (GPS) or errors relating to the exact position of the vehicle, as it is the User’s duty to confirm the location where the vehicle is parked, and the User must bear responsibility for any consequences arising from errors caused by the GPS system,
• nor for fines or penalties suffered by the User arising out of incorrect inputting of details of the zone in which s/he has parked, details of the vehicle registration number or of the times of beginning or ending the parking stay.

Under no circumstances shall MAKSU be responsible for damages arising from improper use of the service. Nor shall it be responsible for any delay in the provision of the service or any failure if the said delay or failure is attributable to causes beyond the control of MAKSU. If the User receives a fine or penalty or the User’s actions performed over the TELPARK platform are the subject of doubt, MAKSU’s duty will consist of sending, at the request of the User, all evidence of the veracity of the transaction concerned. Use of the TELPARK service outside Spain The TELPARK service can be used in other countries of the European Union. For this purpose, it will be sufficient that the User accepts the terms and conditions set down herein. The User accepts that MAKSU will pass his/her User details to the companies or entities through which it provides the TELPARK service outside Spain. The countries and companies through which the TELPARK services are provided are shown on the TELPARK web page. In Portugal, the service will be provided through MAKSU SERVICES, S.A., a company registered under number 510711464 in the Lisbon Companies Register, with Company Identification Number (NIPC) 510711464, and having its address at Calle Joaquim António de Aguiar, 19, 1070-149 Lisboa. Intellectual and Industrial Property The intellectual property rights of the TELPARK IT application, its source code, design, and its navigation paths and different elements contained therein are the property of MAKSU ESPAÑA, S.L., which holds the exclusive entitlement to the rights of exploitation of the same in any form, and particularly, the rights to reproduction, distribution, public communication and alteration, in accordance with the provisions of the applicable Spanish and European legislation. MAKSU declares that it does not grant a licence or authorisation, either express or implicit, over the intellectual and/or industrial property rights or over any other right or property, whether directly or indirectly related to the content included in the TELPARK IT application. The total or partial reproduction of the content included in the TELPARK application or of its web page is strictly prohibited. Any unauthorised use of this content shall give rise to the liabilities established by law. Advertising The User accepts that MAKSU can send him/her, at the email address entered at the time of registration, any kind of information relating to products, goods or services supplied by MAKSU. The User who is not interested in receiving this information must request to unsubscribe from the service, by sending the form available on the web page or by email to info@telpark.com. General rules The User is required to comply with the rules applying to each operation or transaction of goods or services, and specifically, each parking operation in relation to all the vehicles linked to the account, regardless of whether the User is the respective owner or only a user of the vehicles concerned. With regard to the cost of parking, in some towns or cities the respective tariff may carry an additional fixed and/or percentage charge in addition to the price set for the use of the TELPARK service; the User will be informed of this before making the transaction. All costs relating to the use of media to access the TELPARK Service, including, without limitation, the costs of calls or mobile phone messages and bank charges shall be borne by the User. Payments made with SMS systems may incur additional charges for sending the message, and these shall be borne by the User. MAKSU accepts no responsibility for any cost in regarding telephone bills resulting from these messages. The User may withdraw from the contract with MAKSU within a period of fifteen (15) calendar days, counting from the date of creation of the User’s account, and for this the User must send a notification to this effect to MASKU at the following email address: info@telpark.com.