Terms & Conditions
- The website Y-Pay.co.uk ("the Site") is a digital payment platform.
- The Site is operated by Y-Pay Limited ("we" or "us") and membership is open to any individual who chooses to register with the site.
- These terms will apply to anyone who views or uses the site.
- Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.
- Registration with the Site is currently free, however, to become a registered user you will have to provide some basic personal information.
- You agree that all information supplied on registration is true and accurate and will always be kept up to date. We will use the information provided to us to contact you.
- You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
- We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these terms.
Use and Abuse of the Site
- You agree that any information you supply will be true and accurate.
- We reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
- We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
- In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.
Advertising and Commercial Use
- Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
- You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data for the purposes of sending unsolicited email or for any other use.
- In the event that you are found by us to have been sending unsolicited email to our users then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.
- The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy and is provided on an "as is" basis. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
- We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
- Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free.
- Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
- From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms.
- We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.
- We request that all information provided to us is accurate, current, and complete.
- All notices sent to you will be sent to the email address provided to us by you. By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
Other Sites and Linking
- The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
- The format and content of this Site is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.
- By displaying user-generated content on this site you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
- We do not screen user-generated content (including content relating to available parking spaces) or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (eg. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
- This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
- For users domiciled in the UK, these terms and conditions are governed by the laws of England of Wales and are made between Y-Pay Limited and you.
- For users domiciled outside the UK, these terms and conditions are governed by the laws of the State of New York without reference to its principles of conflicts of laws and are made between Y-Pay (US) Inc and you.
- If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
- We may make changes to the format of the Site, services provided or to the Site's content at any time without notice.
Mobile Payment Terms & Conditions
This agreement relates to the Y-Pay Limited (“us”, “we”, “Y-Pay”) services we provide to our customers (“you”) to pay for parking quickly and efficiently using the Y-Pay application (the “App”) in selected parking facilities provided by parking operators or local government/authorities (the “Parking Providers”) to you (the “Services”).
This agreement governs the relationship between us and you. When you use the Services we are providing you with the means to enter into individual, direct contracts with the Parking Providers to park in the Parking Providers’ facilities and spaces (“Parking Spaces”) and we facilitate the payment for your use of the Parking Space, provided by the Parking Providers. We do not have control over nor are we responsible for the Parking Providers, we simply facilitate the payment for your use of the Parking Space.
- Important points to note about the Y-Pay Services:
The following are key terms applicable to your use of the Services. However, these terms are only highlighted to you for ease of reference, they are not a substitute for reading the full terms and conditions. Please scroll down to read the full terms and conditions and please make sure you fully understand them before signing up to use the Services. You should print a copy for your future reference.
- In order to use the Services you must create a Y-Pay account by downloading the App and registering. If you are registering through the App, your account can be created by signing in via your Google or Facebook account or through using your email address and creating a password.
- Once you have created your account it is your responsibility to keep your account details, including your password, safe and up to date and to not share these with anyone else.
- Each time you use the Services to pay for a Parking Space (each a “Parking Session”) your Parking Session will be confirmed either in the App, via email, SMS or over the phone depending on the method you have used to confirm your Parking Session. Your Parking Session begins at the point payment is taken. Your exact start time will be confirmed within your confirmation. Please see below ‘how to use Y-Pay services’ for more information.
- You can pay for a Parking Session using a credit or debit card or via SMS. In addition, when you are using the App to pay, it is possible to use Apple Pay or Android Pay in order to pay for your use of the Services. You can enable this on your mobile device. Whichever payment details you select when you create your account will be used for payment each time you use the Services. You can update the payment details you use to pay for the Services before confirming each Parking Session.
- These Services are of a payment services nature and therefore the Services do not fall under the scope of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013. You therefore commit to the transaction through the App when you confirm a Parking Session.
- During your Parking Session you will be subject to the terms and restrictions shown on local signage and all road markings in and around the Parking Space. It is your responsibility to ensure you comply with all signage, road markings and any relevant legislation that may be applicable when parking your vehicle.
If you are unsure how to use the Services or the App please see the following page on our website for help.
- How does this agreement work?
- When you use the Service we are providing you with the means to enter into individual, direct contracts with the Parking Providers to park in the Parking Spaces and we facilitate the payment for your use of the Parking Space provided by the Parking Providers. We are not a party to the contracts between you and the Parking Providers and will not be liable to you or any third party in relation to the Parking Space other than in accordance with these terms.
- These terms and conditions may be updated from time to time as we continually develop the services we provide. We may therefore amend this agreement by posting the amended terms and conditions on our website and in the App. These amended terms and conditions would take effect 7 days following being posted. Should you no longer wish to use the Services you can simply stop using the App and Services.
- How to register and your promises to us
- Once you have logged into the App you can use the App to pay for Parking Sessions. You will provide / confirm the following information before starting a Parking Session: the location of the Parking Space (location ID), the duration of parking time and the vehicle being parked. You will then be asked to confirm the payment amount to start a Parking Session.
- To pay for a Parking Session you can use our App. If you have any issues in paying for a Parking Session, you can also contact our call centre to complete your payment. The information required to complete your Parking Session will be requested from you and (if you request) a confirmation SMS will be sent to you.
- Parking Session will be confirmed either in the App, via email, SMS or over the phone depending on the method you have used to confirm your Parking Session. Your Parking Session begins at the point payment is taken. Your exact start time will be confirmed within your confirmation.
- Each Parking Session can only be used for the vehicle stated in the confirmation.
- It is your responsibility to provide us with the correct details when using any of our payment methods to pay for a Parking Session. We will under no circumstances be liable for any parking fines or other losses you incur due to you providing incorrect data through any of the payment systems (being the App) in relation to your Parking Session. It is your responsibility to ensure a Parking Session has been created and contains the correct details for the Parking Session.
- You acknowledge you will not be able to access and use certain functionalities of the App unless you have internet access through a GPRS, 4G, 3G or Wi-Fi connected mobile device. All charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider.
- Should you choose to use our SMS service we cannot provide any guarantee that we will be able to process your request and start your Parking Session within a certain time of the SMS being sent. We will process your request from the point at which we receive the message from your mobile network.
- During your Parking Session you will be subject to the terms and restrictions shown on local signage and all road markings in and around the Parking Space. It is your responsibility to ensure you comply with all signage, road markings and any relevant legislation in relation to parking of your vehicle that may be applicable.
- If you have enabled push notifications on the App, have provided us with permission to access your location data, and if you have internet access to your connected mobile device, then while your Parking Session is active, we will detect where you are located in relation to your vehicle in order to advise when you may want to start returning to your vehicle to ensure you return within your allotted time.
- If you wish to extend your Parking Session you can do so in the App.
- You can also view your Parking Session history by looking in the bookings section of the App. Here you can see the location, vehicle parked, duration and cost of the Parking Session and a link to a downloadable receipt is also provided.Should you use any electric vehicle charging points or other services provided by the Parking Provider during your Parking Session you must follow all user instructions when doing so. It is your responsibility to ensure that you use these additional services safely so as to avoid injury to any person or damage to property, in particular in relation to charging points you must ensure you have the correct connector cables, that the cables are safely plugged in and do not create a tripping hazard and that the charging cables are removed before moving the vehicle.
- How do I use Y-Pay services?
- In order to order to use the Services you must download the App and create a Y-Pay account. Your account can be created by signing in via your Google or Facebook account or through using your email address and creating a password.
- By creating an account with us you confirm that:
- all information and details provided by you to us (including on registration for an account) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time through the account settings section of the App;
- you only provide us with payment, credit or debit card details for an account which is yours and which you are authorised to use to make payments;
- you will not do anything which may disrupt, damage, or impair the Service (or any part thereof), or prevent other users from using any part of the Service;
- you will not intercept or modify the communications between the App and our servers;
- you will not deliberately exploit any bugs you find in the App;
- you will not use the App for any illegal or unlawful purpose;
- you will not distribute viruses or any other technologies in the App that may harm us or the interests of any other users of the Services, or otherwise interfere with or disrupt our systems; and
- you will not provide or otherwise make available the App in whole or in part (including any object and source code), in any form to any person without prior written consent from us.
- How will I be charged?
- You will be charged using the payment information you provide when you set up your account and that you confirm you wish to use before starting each Parking Session.
- You will be charged the amount shown on screen or confirmed to you over the phone or via SMS message before your Parking Session begins.
- You can update the payment details you use to pay for the Services before confirming each Parking Session.
- You will be liable for any charges in connection to any calls made and SMS/ text services used when paying for your Parking Session. You may be asked if you want to opt-in to receive text message reminders or confirmations/receipts. These messages may be chargeable and you will be made aware of the fee before paying.
- Your payments for Parking Sessions will be processed by our trusted payment partner.
- The availability of the Y-Pay services and Parking Spaces
- Whilst we use reasonable efforts to provide a reliable service and software, we do not and cannot guarantee that the Y-Pay Services will be available 100% of the time.
- Y-Pay also do not guarantee the availability or adequacy of Parking Spaces or other services provided by Parking Providers or third parties during Parking Sessions.
- Your information and data
- The data you provide to us must be accurate and you must have the right to provide us with such data.
- Your security when using the services
- You must not share your password and account details with anyone else.
- You must let us know if you think there has been unauthorised use of your account and / or if your phone or card is stolen or goes missing. We will not be liable for others using your account or card details to generate Parking Sessions if you have allowed other people to gain access to your account.
- When we can suspend your use of the services and / or close your account
- You acknowledge that your use of the Y-Pay Services is subject to our discretion and we may, in the event of your breach of these terms, at our sole discretion, suspend your account or withdraw your rights to use the Y-Pay Service on written notice with immediate effect.
- Circumstances in which we may suspend or withdraw your account include but are not limited to, our reasonable belief that you have used an account for payment which you are not entitled to use, or you have breached these terms and conditions.
- Your liability under the agreement
- You are liable for paying all of the charges in relation to your use of the Services and the App.
- You are also liable to pay any fines and / or penalty notices you receive during your use of the Services. We will under no circumstances be liable to you for any loss or damage you may suffer in relation to any parking fines applied by authorities to you in relation to your breach of any Parking Partners rules and regulations, road markings or other relevant legislation.
- Our liability to you under this agreement:
- We accept liability for death or personal injury caused by our negligence. We also accept liability for fraud and fraudulent misrepresentation by us.
- Other than our liability mentioned above, if we breach these terms or are otherwise liable to you for any other type of claim, we shall only be liable to you for losses up to the greater of: a) the amount paid by you to us in relation to the Parking Session giving rise to the dispute between us or b) £100.
- We are not responsible for: (i) losses not caused by our breach; (ii) indirect losses (which means loss to you which is a side effect of the main loss or damage, and where you and we could not have reasonably expected that loss would arise at the time of entering into these terms); (iii) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any information; or (iv) failure to provide the Services or to meet any of our obligations under these terms where such failure is due to events beyond our control (for example a network failure).
- You have certain rights under the law. Nothing in these terms (including this section) is intended to or will affect these statutory rights.
- Resolving disputes:
- If you have any questions, complaints or comments about us or the services then please contact us via help.Y-Pay.com, or in writing by post to: Y-Pay, 13 - 17 High Beech Road, Loughton, Essex, IG10 4BN
- If you breach these terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
- Please contact the Parking Provider if your query or complaint relates to an issue with a Parking Space itself.
- General provisions:
- These terms are not intended to give rights to anyone except you and us.
- You acknowledge that we may transfer our rights under the terms (and any related claims) to any third party without having to obtain your prior permission.
- If any part of these terms is disallowed or found to be ineffective by a court or regulator, the other provisions shall continue to apply.
- These terms together with our policies contain all terms agreed between you and us. They replace any prior agreements between you and us in relation to the Services.
- You agree that your right to access and use the Services is also subject to applicable law and any rules or policies applied by the relevant App Store from which you access the App.
- Governing law and jurisdiction
- These terms are governed by and interpreted in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means: (i) that if you live in the EU, you may enforce your rights in connection with these terms in the EU member state in which you live; or (ii) if you live in any other jurisdiction which gives you mandatory consumer protection rights, you may enforce your rights in connection with the terms in accordance with such rights.