Search:

Terms of Use

Disclaimer: Please read these Terms of Use carefully before using any of the BePark Services (as defined below) and car parks. By clicking the "I agree" button, you agree that your use of the Services and car parks shall be governed by these Terms of Use. You hereby state that these Terms of Use are in English, that you understand the content and agree to these Terms of Use. If you do not agree to these Terms of Use. If you do not agree to any provision of these Terms of Use, you may not access and use the Services and/or car parks in any manner, even if you already have an Account. 

 

Version 1.01 – 06.04.2020

Previous versions:

Version 1.00 – 07.02.2020

 

The previous versions of the terms of use can be obtained on simple request by email (info@bepark.eu) or by phone (BE: +32 (0) 2 / 880.05.50; FR: +33 (0) 1.82.88.72.8.

If you have any questions about the Services or these Terms of Use, please contact BePark's customer service directly by email (info@bepark.eu) or by phone (BE: +32 (0) 2 / 880.05.50; FR: +33 (0) 1.82.88.72.87 

These terms of use (the “Terms of Use”) describe the terms and conditions under which users (“Users” or “you”) can use the BePark Services and car parks (as defined hereafter). The access to and use of the Services and car parks is subject to acceptance without modification of all terms and conditions as contained in these Terms of Use, and, the case being, the terms and conditions of the car parks and internal car park regulations.

The BePark Services (as defined below) are operated and managed by BePark SA, a limited liability company (société anonyme) having its registered office at Rue du Mail 50, B-1050 Ixelles and registered with the Crossroads Bank for Enterprises under company number 0839.421.964 (RLE Brussels – French speaking division) (hereinafter “BePark”, “Company” or “we”).

 

  • Definitions

“Account”

means your account to access and use the Services which shall be provided to you following your subscription;

“Agreement”

means the agreement concluded between the Company and your Supplier relating to the use of the Services; 

“BePark Services” or “Services

are all the services provided by BePark to you, as the case may be, including but not limited to, (i) the Websites, (ii)  the Web Application; and (iii) the Mobile App; 

“Data Controller”

means the physical or legal person, that, alone or jointly with others, determines the purposes and means of the processing of Personal Data;

“Data Processor”

means the physical or legal person that processes Personal Data on behalf of the Data Controller;

“Fees”

means the fees to be paid to the Company for the use of the Services as set out in the Agreement;

“Intellectual Property Rights”

means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;

Mobile App

means the BePark for Business Mobile App, a mobile application that is proprietary to and managed by BePark. Key functionalities of the Mobile App include the possibility to use the Mobile App as a digital remote to access and exit (multiple) car park(s) and book parking spaces, depending on the User’s access rights;

“Personal Data”

shall have the meaning given thereto in the General Data Protection Regulation.

“Supplier” 

means your employer or other supplier who has provided you with your Account details and has entered into the Agreement;

“Term”

means the period as agreed upon between the Company and the Supplier in the Agreement;

“User Content”

means all feedback, data or other information provided by the User via the Web Application and Mobile App;

Web Application

means the BePark for Business Web Application, a web application for car park and fleet management that is proprietary to and managed by BePark; and

Websites

means the following BePark websites: corporate.bepark.eu, resource.bepark.eu, blog.bepark.eu, besaas.bepark.eu and business.bepark.eu 



  • Applicability 

2.2 In the event any of the Services uses services or components of third parties, or provides access to any third party websites, services and applications (“Third Party Services”) these Terms of Use will not apply to these Third Party Services and the terms and conditions, license agreements and/or privacy policies of those third parties will govern your use of the Third Party Services. You shall be notified if and when such third party terms of services and/or privacy policies are applicable. By accessing such third party service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. The Company cannot be held liable in any way with regard to the content of such third parties’ terms or privacy policy.

2.3 We reserve the right at any time, and from time to time, with or without cause to:

  • amend these Terms of Use;
  • change or update the Services, including, but not limited to, adding, eliminating or discontinuing, temporarily or permanently any tool, service or other feature of the Services without any prior notification and without any liability against you or any third parties; or 
  • deny or terminate, in part, temporarily or permanently, your use of and/or access to the Services and/or car parks as set forth herein.

Any such amendments or changes made will be effective immediately upon BePark making such amendments or changes available in any of the Services or otherwise providing notice thereof. 

You agree that your continued use of any of the Services and/or car parks after such changes or amendments constitutes your acceptance of such changes. 

 

  • Use of the Web Application and Mobile App

3.1 Use of and access to the Web Application by Users requires an internet connection and the use of the current release from time to time of Google Chrome, Mozilla Firefox, Microsoft Edge or Apple Safari, or any other web browser that BePark agrees in writing will be supported (the “Supported Web Browser”). You are solely responsible for the use of a Supported Web Browser.

3.2 The Mobile App will be made available to you through the Apple App Store and the Google Play Store. The Mobile App can be accessed with an Account.

To use the Mobile App, your mobile device requires a WIFI or mobile internet connection. The access to such WIFI or mobile internet connection is your sole responsibility. Please make sure that your mobile device meets the minimum system requirements. If your mobile device does not meet these minimum system requirements, we cannot ensure that the Mobile App will function properly. The Company will not be liable for any loss or damage arising from your failure to comply with the above requirements. 

3.2 You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and shall be fully responsible for all activities that occur under your Account. You agree to immediately notify any unauthorised use, or suspected unauthorized use of your account or any other breach of security and at the latest within twenty-four (24) hours. The Company will not be liable for any loss or damage arising from your failure to comply with the above requirements. 

3.3 During the Term, the Company may, in its sole discretion, provide you with certain updates of the Services. For the avoidance of doubt, the Company is not obligated to provide any updates of the Services.

 

  • License - restrictions

4.1 License by the Company. During the Term and subject to the timely payment of the Fees, the Company grants you a non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the Web Application and Mobile App in accordance with these Terms of Use (the “License”). You are not allowed to use the Web Application and Mobile App in a manner not authorised by the Company. You shall use the Web Application and Mobile App solely in full compliance with (i) these Terms of Use; (ii) any additional instructions or policies issued by the Company, including, but not limited to, those posted within the Web Application and Mobile App and (iii) any applicable legislation, rules or regulations.

4.2 Restrictions. You agree to use the Web Application and Mobile App only for its intended use as set forth in these Terms of Use. Within the limits of the applicable law, you are not permitted to (i) make the the Web Application and Mobile App available or to sell or rent the the Web Application and Mobile App to any third parties; (ii) adapt, alter, translate or modify in any manner the the Web Application and Mobile App; (iii) sublicense, lease, rent, loan, distribute, or otherwise transfer the the Web Application and Mobile App to any third party; (iv) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organizations) of the Web Application and Mobile App; (v) use or copy the Web Application and Mobile App  except as expressly allowed under this section 4; (vi) gain unauthorized access to accounts of other users or use the Web Application and Mobile App to conduct or promote any illegal activities; (vi) use the Web Application and Mobile App to generate unsolicited email advertisements or spam; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (viii) use any high volume automatic, electronic or manual process to access, search or harvest information from the Web Application and Mobile App  (including without limitation robots, spiders or scripts); (ix) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Web Application and Mobile App ; (x) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Web Application and Mobile App for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (x) remove or in any manner circumvent any technical or other protective measures in the Web Application and Mobile App .

Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Web Application and Mobile App, including but not limited to any right to obtain possession of a copy, any source code, data or other technical material relating to the Web Application and Mobile App .

4.3 License by User. By uploading, creating or otherwise providing any information, data, or content through the Web Application and Mobile App (the “User Content”), you grant the Company a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such User Content to the extent necessary to provide and maintain the Services. The Company reserves the right, but is not obliged, to review and remove any User Content which is deemed to be in violation with the provisions of these Terms of Use or otherwise inappropriate, any rights of third parties or any applicable legislation or regulation.

  • Intellectual Property Rights

5.1 As between the User and the Company, the Services and all Intellectual Property Rights pertaining thereto, are the exclusive property of the Company and/or its licensors.

5.2 All rights, titles and interests in and to the Services or any part thereof not expressly granted to the User in this Agreement are reserved by the Company and its licensors. 

  • Suspension for breach

If the Company becomes aware or suspects, in its sole discretion, any violation by you of these Terms of Use, or any other instructions, guidelines or policies issued by the Company, then the Company may suspend or limit your access to the Services. The duration of any suspension by the Company will be until you have cured the breach which caused such suspension or limitation.

  • Support 

In case you need technical support, you can contact BePark's customer service directly by email (info@bepark.eu) or by phone (BE: +32 (0) 2 / 880.05.50; FR: +33 (0) 1.82.88.72.87 

  • Liability 

8.1 To the maximum extent permitted under applicable law, the Company shall only be liable for personal injury or any damages resulting from (i) its gross negligence; (ii) its willful misconduct or (iii) any fraud committed by the Company. 

8.2 To the extent legally permitted under applicable law, the Company shall not be liable to the User or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the Services under these Terms of Use, including but not limited to any miscalculations, or the use, misuse, or inability to use the Services, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if the Company have been notified of the likelihood of such damages. 

8.3. To the extent permitted by applicable law, BePark will not be liable for:

  • loss of use of any website, internet access, hardware or software, costs of recreating lost data, damages to hardware or to software of the User or third parties, the cost of any substitute performance, equipment software, or system;
  • damage caused by non-compliance with any advice and/or guidelines, if any, that may be given by BePark;
  • any breakdown of the Services, the malfunctioning of the services and/or features provided through the Services, or any other malfunctioning or technical issues related to the operation of the Services;
  • damage caused by non-compliance by User with the terms and conditions applicable to the access and use of the car park(s) and/or the internal car park regulations;
  • any damage whatsoever, whether tangible or intangible, to any person or property (e.g. a person’s car) such as, in particular: accidents, theft or damage, even partial, which may occur occasionally or because of the use of the car park(s);
  • claims by any party other than the User or damages consisting of claims made by third parties against User arising out of any damage whatsoever, whether tangible or intangible, to any person or property (e.g. a person’s car) such as, in particular: accidents, theft or damage, even partial, which may occur occasionally or because of the use of the car park;

8.4. You acknowledge that BePark is not a custodian and therefore, to the extent permitted by applicable law, does not assume any obligation of custody or control and is not liable for any actions by third parties.

8.5 You agree that the Company can only be held liable as per the terms of this section 8 to the extent damages suffered by you are directly attributable to the Company. For the avoidance of doubt, the Company shall not be liable for any claims resulting from (i) your unauthorised use of the Services or car parks, (ii) your or any third party’s modification of (any parts) of the Services, (iii) your failure to use the most recent version of the Services made available to you or your failure to integrate or install any corrections to the Services  issued by the Company, or (iv) your use of the Services  in combination with any non-Company products or services. The exclusions and limitations of liability under this section shall operate to the benefit of any of Company’s affiliates and subcontractors under these Terms of Use to the same extent such provisions operate to the benefit of the Company.

8.6 To the extent permitted by applicable law, and except in the case of fraud, wilful misconduct or gross negligence by BePark or its employees, agents or (sub)contractors, BePark’s aggregate liability arising from or relating to the Services and the use of the car parks, will be limited as set forth in the Agreement.

 

  • Warranties and disclaimers

9.1 By the Company. Except as expressly provided in this section 9 and to the maximum extent permitted by applicable law, the Services are provided “AS IS,” and the Company makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Services or any other products or services provided to the User by the Company. The Company does not warrant that all errors can be corrected, or that access to or operation of the Services and car parks shall be uninterrupted, secure, or error-free. The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the internet and that the Company is not responsible and cannot be held liable for any losses of your data, including but not limited to the User Content. BePark further makes no warranty, and will not be held liable, with respect to any hardware, software or product of any third party, including the third-party owned car parks.

9.2 By User. You represent and warrant to the Company that (a) you will keep your license plate readable and visible at all times; (b) you are at least 18 years old and can use the Services; (c) you are in possession of a valid driver’s license and all legally required (car) insurance coverage; (d) you have the authority to enter into this binding agreement personally; (e) any User Content provided by you is accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage Company’s system or data; or (v) otherwise violate the rights of a third party and (f) you shall comply with these Terms of Use and with the terms and conditions of the car parks and internal car park regulations. The User acknowledges and agrees that the Company is not obligated to back up any User Content. You agree that any use of the Services and car parks contrary to or in violation of these Terms of Use and the terms and conditions of the car parks and internal car park regulations shall constitute unauthorised and improper use for which the Company cannot be held liable.

9.3. Use of the car park.

(i) The User can access, park and leave the car park only during the hours corresponding to the Agreement. These are available through his online customer account. The applicable opening hours may be modified by BePark who will notify Users via the Websites, the Applications or by email.

(ii)  The User may only park his vehicle on the spaces reserved for the Users. Under no circumstances will the User be able to park at an inconvenient or unauthorised place.

(iii) In case of non-compliance with these Terms of Use, BePark may remove the vehicle at the expense and risk of the User in accordance with the content below in the section "Withholding, immobilisation, removal and removal of vehicles". 

(iv) The User and all persons accompanying them are obliged to respect the peacefulness of the neighbourhood when they move around the car park and around it. Any use of radios and other noise sources on the parking lot is prohibited.

(v) The User agrees to leave the car park in an impeccable state of cleanliness. It is strictly forbidden to wash cars in the car park, to carry out any work there or to deposit or store anything other than a validly registered and insured vehicle.

(vi) Vehicles parked in the car park must fulfil the same conditions as those imposed on vehicles parked on public roads. The Highway Code and any other regulations relating to traffic on public roads are applicable in the car park, unless otherwise specified. In all cases, the maximum authorised speed of vehicles is limited to 10 Km / hour.

(vii) Vehicles must be locked, windows raised, alarm activated and remain the sole responsibility of the User. Any object, whatever it is, left in the vehicle, is under the sole responsibility of the User.

(viii) The provision of parking can not be subject to any assignment or sublet.

9.4. Detention, immobilisation and removal of vehicles.

(i) In case of accident or unintentional immobilisation of a vehicle, the User will immediately take the necessary measures to troubleshoot the vehicle so that it does not interfere in any way with normal traffic in the establishment. In any case, the User will ensure the withdrawal of the vehicle before the end of the time slot during which it is authorised to access the car park. In any case, the User will immediately contact BePark customer support.

(ii) The User expressly authorises BePark and / or the owner of the car park to move his vehicle or have it moved, at the expense and risk of the User, in case:

  • it is not parked at the intended locations;
  • It is left in the car park outside accessibility hours without the prior written consent of BePark;
  • it constitutes a danger to the persons and / or property of others;
  • it hinders normal circulation;
  • operational requirements or safety require it.

In these cases, the expenses of moving the vehicle are fixed at a flat rate of 250€ including VAT.

(iii) The User agrees to remove his vehicle from the site of the repair company by which it has been moved within 24 hours after the repair. The User agrees that BePark will be authorised to charge a parking fee to the User after a delay of 24 hours.

 

  • Indemnification

10.1 By the Company. The Company shall defend and indemnify you as specified herein against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the Intellectual Property Rights of such third party by the Services and excluding any claims resulting from (i) your unauthorized use of the Services , (ii) your or any third party’s modification of any of the Services, (iii) your failure to use the most recent version of the Services made available to you, or your failure to install any corrections or updates to such Services issued by the Company, if the Company indicated that such update or correction was required to prevent a potential infringement, or (iv) your use of the Services in combination with any non-Company products or services.

Such indemnity obligation shall be conditional upon the following: (i) the Company is given prompt written notice of any such claim; (ii) the Company is granted sole control of the defense and settlement of such a claim; (iii) upon the Company’s request, the User fully cooperates with the Company in the defense and settlement of such a claim, at the Company’s expense; and (iv) the User makes no admission as to the Company’s liability in respect of such a claim, nor does the User agree to any settlement in respect of such a claim without the Company’s prior written consent. Provided these conditions are met, the Company shall indemnify the User for all damages and costs incurred by the User as a result of such a claim, up to an amount equal to the Fees paid by the Company for you during the previous month. 

In the event the Services, in Company’s reasonable opinion, are likely to or become the subject of a third-party infringement claim (as per this section 10.1), the Company shall have the right, at its sole option and expense, to: (i) modify the ((allegedly) infringing part of the Services so that it becomes non-infringing while preserving materially equivalent functionalists; (ii) obtain for the User a license to continue using the Services in accordance with these Terms of Use; or (iii) terminate the further execution of the License and according Services.

The foregoing states the entire liability and obligation of the Company and the sole remedy of the User with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the Services or any part thereof.

10.2 By User. You hereby agree to indemnify and hold harmless the Company and its current and future affiliates, officers, directors, employees, agents and representatives from each and every demand, claim, loss, liability, or damage of any kind whatsoever, including reasonable attorney’s fees, whether in tort or in contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to (i) any breach or violation by you of any provisions of these Terms of Use or any other instructions or policies issued by the Company; (ii) any User Content violating any Intellectual Property Rights of a third party and (iii) fraud, intentional misconduct, or gross negligence committed by you.

 

  • Privacy statement

The Company recognises and understands the importance of your privacy and wants to respect your desire to store and access personal information in a private and secure environment. Please note that the Company has to be considered as the “Data Processor” and your Supplier as the “Data Controller” for the processing of any Personal Data in connection with the use of the Services. Please note that the Company shall only process any Personal Data relating to you on the documented instructions from the Data Controller and takes appropriate technical and organisational measures against any unauthorised or unlawful processing of your Personal Data or its accidental loss, destruction or any unauthorised access thereto. In the event you as User request from the Company a copy, correction, deletion of the Personal Data or you want to restrict or object to the processing activities, the Company shall inform the Supplier of such request within two (2) calendar days. The Company shall, as Data Processor, provide the Supplier with full details of such request, objection or restriction of the User, together with a copy of the Personal Data held by the Company. Furthermore, the Company shall promptly direct you as user to the Supplier, who will deal with the request in accordance with the applicable data protection legislation. 

We shall not use your Personal Data for any other purpose than instructed by the Data Controller and allowing you to make use of the Services.

 

  • Term and termination

12.1 The Company shall grant you a license on the Web Application and Mobile App during the Term as set out under this Agreement, unless these Terms of Use are terminated in accordance with section 12.2. 

At the end of the Term, any user rights on Web Application and Mobile App that were granted to you under these Terms of Use shall automatically expire. 

12.2 Termination for breach. The Company may terminate with immediate effect these Terms of Use and your right to access and use of Services and car parks if the Company believes or has reasonable grounds to suspect that you or your Supplier are violating these Terms of Use (including but not limited to any violation of the Intellectual Property Rights of the Company), the Agreement  or any other guidelines or policies issued by the Company.

12.3 Effects of termination. Upon the termination of these Terms of Use for any reason whatsoever in accordance with the provisions of these Terms of Use, at the moment of effective termination: (i) you will no longer be authorised to access or use the Services or car parks; (ii) the Company shall sanitise, anonymise or destroy the Personal Data related to your Account,  within thirty (30) calendar days upon termination of these Terms of Use in a secure way that ensures that all Personal Data is deleted and unrecoverable. Personal Data that needs to be kept to comply with relevant legal and regulatory retention requirements may be kept by the Company beyond expiry of the period of thirty (30) calendar days as long as required by such laws or regulations; (iii) upon written request submitted by the User to BePark no later than fourteen (14) calendar days prior to the termination of the agreement, BePark shall provide the User, immediately prior to the sanitisation, anonymisation and destruction thereof, with a readable and usable copy of the Personal Data and/or the systems containing Personal Data. and (iii) all rights and obligations of the Company or the User under these Terms of Use shall terminate, except those rights and obligations under those sections specifically designated in section 13.6. 

 

  • Miscellaneous 

13.1 Force Majeure. The Company shall not be liable for any failure or delay in the performance of its obligations with regard to the Services if such delay or failure is due to causes beyond our control including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorised access to Company’s information technology systems by third parties or any other cause beyond the reasonable control of the Company (the “Force Majeure Event”). 

13.2 Severability. If any provision of these Terms of Use are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 

13.3 Waiver. Any failure to enforce any provision of the Terms of Use shall not constitute a waiver thereof or of any other provision.

13.4 Assignment. You may not assign or transfer these Terms of Use or any rights or obligations to any third party. The Company shall be free to (i) transfer or assign (part of) its obligations or rights under the Terms of Use to one of its affiliates and (ii) to subcontract performance or the support of the performance of these Terms of Use to its affiliates, to individual contractors and to third party service providers without prior notification to the User.

13.5 Notices. All notices from the Company intended for receipt by you shall be deemed delivered and effective when sent to the email address provided by you on your Account. If you change this email address, you must update your email address on your personal settings page.

13.6 Survival. Sections 5, 9, 10, 11 shall survive any termination or expiration of these Terms of Use.

13.7 Governing law and jurisdiction. These Terms of Use shall be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. Any dispute with respect to the validity and/or interpretation of these Terms of Use will be finally settled by the competent courts of Brussels.