Terms & Conditions

PacAnGO offers Services which allow you to pay for parking in cities around the world. The following terms and conditions govern your Account and use of Services with PacAnGO.

These Terms and Conditions are meant to explain our mutual rights and obligations with regards to the Services. Please read these terms and conditions carefully and keep a copy for future reference.

By accessing, browsing, viewing or otherwise using your Account or the Services, you are entering into an agreement with PacAnGO and you will be legally bound by these Terms and Conditions,as well as applicable laws and regulations.

If you do not agree with these Terms and Conditions or the Privacy Policy, please refrain from creating an Account or using the Services.

If you have any questions about the information below, please contact the Customer Support Centres listed at the end of this page. 

1. Terms and conditions for PacAnGO's services

When you create an Account or use the parking Services of PacAnGO, you are directed to these Terms and Conditions in order to continue. By continuing and opening an Account or using the Services, you acknowledge that you are providing your agreement to enter into a contract with PacAnGO and to be bound by the terms and conditions contained in this contract, including our Privacy Policy, which govern your use of the Account and Services.

These Terms and Conditions govern your use of the Services (including the App and your Account) and are applicable to your use of the App and Services for every transaction. Therefore, your use of the Services is conditioned on your continued agreement to accept, abide by, and be governed by these Terms and Conditions.

This is not an agreement between you and any Transaction Entity or parking provider, this is an agreement between you and PacAnGO, even if certain parts of the Services are accessed through a third party website or app.

Our Services are not directed to people under 16. If you become aware that a child is utilizing our Services without the proper consent, please contact us at support@pacango.com, and we will take steps to remove and terminate the account, as necessary.

In this agreement, the following terms have the meanings indicated below:

2. Account information

You can open your Account by downloading and installing the App; on the Site; through the IVR System; or by contacting Customer Support. You may change your Account profile at any time, but you agree to provide us with your valid registration information, including, without limitation, your contact information. You may not impersonate or misrepresent your identity to us.

It is your responsibility to review and revise your Account information so that it is accurate and current at all times. You further agree to comply with all state or local restrictions that may be applicable to your registration with us. Your Account will be valid until such time as you cancel it or it is terminated by PacAnGO in accordance with these Terms and Conditions, for example, if your Account contains any untruthful information.

You are solely responsible for use of your Account and you agree to notify us immediately in the event of any unauthorized use.

3. License and access to services

Solely for use in connection with the Services, PacAnGO grants you a limited, nontransferable, nonexclusive, revocable license to access the Services and make personal use of the Site and Service. This license does not include any resale or commercial use of PacAnGO’s Service; any collection and use of any information, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. All materials and information related to PacAnGO may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PacAnGO. Any unauthorized use terminates the permission or license granted by PacAnGO.

You acknowledge and agree that the license to use the Services is conditioned on the following restrictions:

4. Using your account

Purpose

You can use the Account to pay for parking at any parking facility that uses the PacAnGO service. You can access your Transactions and review your recent account history on our Site.

Use of Account, Password, and your Cell Phone

During the process of opening an Account you will be asked to enter a confidential password which allows you to securely access your Account. You will also provide us with the telephone number of your phone which will provide access to the Account. The Account and password are provided for your use and protection. You agree:

5. Pricing, payment and refunds

Pricing

You agree that the fees and service charges included in the transaction cost confirmed before you start parking apply to the Account and may be charged to the Account. You authorize us to initiate any such charges to the Account as applicable.

You are subject to any applicable terms, conditions, restrictions, and other requirements of any payment provider related to any Payment Method and we have no liability for any transaction fees, insufficient fund charges, or any other fee or charge that is assessed by a payment provider in connection with your use of such payment provider for Transactions.

You understand that parking rates vary as a result of parameters set by the Transaction Entity and Facilities Operator, such as parking location, time of day, day of the week, special events, and that these variances are beyond our control and may not be reflected in the App or Services in a timely manner. We pass all parking fees and charges through to you and we are not responsible for any parking rate variances, parking rate changes or for any differences between the parking rates reflected in the App or Service and the parking rates assessed by the Transaction Entity or Facilities Operator at the time of the Parking Session. You are solely responsible for determining the parking rates applicable to your parking session before commencing a Transaction.

You are solely responsible for all Parking Penalties. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding Parking Penalties. We do not enforce the violation of Parking Restrictions and do not issue Parking Penalties. If you are issued a Parking Penalty, you may use your Account to pay for such Parking Penalty, where available, but PacAnGO is not responsible to pay such Parking Penalty.

You are also solely responsible for all fees or charges you incur in connection with your use of your mobile device to access the App or Services, including but not limited to, data usage, texting, data overages, per-minute charges, roaming, and other telecom or access charges and you acknowledge that such fees or charges may apply and that you are solely responsible for such charges and fees.

Payment

You agree to pay the parking fee together with all other fees, charges, or assessments related to Transactions. Payments shall be made in the currency of the country where the parking facility is located. Prices paid shall be at the price posted at the parking facility or be at the price configured in the PacAnGO rates system as specified by the Facilities Operator on the date of service plus a service charge determined by PacAnGO. Charges by PacAnGO may be changed as described below.

Each time you use the Account to pay for a parking session, the amount of the Transaction, including applicable taxes and service charges, will be charged to the Payment Method selected for the Account. We will inform you of the amount to be charged for each Transaction. You authorize PacAnGO to charge your Payment Method for such amounts each time the service is used.

Refunds

We will make every attempt to deliver a high level of service at all times. If you think there has been a billing or accounting error, please contact the appropriate Customer Support Center listed at the end of this page. Our Customer Support Center will connect you to the Facilities Operator for the facility whose charges resulted in the billing or accounting error. If you are entitled to a refund for any reason for services obtained with the Account, you agree to accept credits to the Payment Method selected on the Account in place of cash. We and the Facilities Operators will not provide cash refunds.

If you have any questions about a refund or other similar issue, please contact the appropriate Customer Care Center.

6. Verification of transactions

Details of your transactions will be available in real time on your online statement in your Account or on our Site. You agree that we may provide you periodic statements and any other notices related to our Services electronically via your Account or our Site. Statements provided electronically will describe each transaction using the Account during the statement period. Your statement will be available to you in electronic format for viewing and printing online on our Site. You may review your recent transaction history in your Account at any time, currently set at one year’s worth of transactions.

7. Failure to complete transactions

You understand that using the Services does not guarantee you a parking space and you only activate the Services after you have found an available and valid parking space.

You understand that you are solely responsible for ensuring that you have properly started the Parking Session for the appropriate parking location before you leave your vehicle unattended.

You acknowledge and agree that you are solely responsible for correctly entering the relevant information in relation to your parking Transactions, including without limitation, (i) parking location number for the relevant parking space for which you are trying to effect a payment, (ii) the license plate number being used matches that of the vehicle you are parking, and (iii) the information relating to the Payment Method intended to be used to pay for the Transaction.

As part of the Services, PacAnGO may send you reminders, alerts, or critical notifications via push notification, text message or email. You acknowledge and agree that the reception of any such message is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a Parking Session, where permitted. You further acknowledge and agree that the reception of notifications is dependent on the operation, coverage, and services of your mobile network provider and/or internet service provider. PacAnGO shall have no responsibility or liability for the damages and costs incurred by you not receiving notifications on time or at all or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.

We and the Facilities Operators accept no liability to complete any transaction which cannot be cleared by our payment processors, whether because there are not sufficient funds available on your Payment Method or otherwise.

Neither we nor any of the Facilities Operators will be liable to you for any failure to accept or honor the Account.

8. PacAnGO is a parking services

PacAnGO provides a service to enable your payment for parking at certain facilities. PacAnGO does not own, operate or maintain parking facilities and is NOT RESPONSIBLE FOR ANY SUCH FACILITIES OR EVENTS THAT OCCUR AT SUCH FACILITIES. Parking facilities are operated by companies with which PacAnGO has contractual relationships, but PacAnGO is not responsible for actions taken by such companies.

All advertised parking restrictions shall take precedence over any information that you receive from PacAnGO, including physical signs prohibiting parking in a certain area. PacAnGO will not be responsible for any incorrect or conflicting parking restrictions advertised on signage.

9. Permits

We provide some consumers with the opportunity to purchase permits from relevant transaction entities, Facilities Operators and partners (“Permit Issuers”). A permit serves as the official confirmation of your purchase of an item offered for sale by Permit Issuers.

Permit Issuers, not PacAnGO, determine the price and availability of those permits. The Permit Issuers have policies that sometimes prohibit us from issuing permits or performing exchanges or refunds after the purchase of a permit has been made. You understand that if you purchase a permit through PacAnGO, you are nevertheless subject to the rules, policies, and terms of the relevant Permit Issuer.

10. Disclaimer of service level guarantees

Note that the services are only available in selected locations and may not be available at all times at active locations. While we will endeavor to provide the best possible service, there are limitations to cellular and payment technologies which may cause interruptions in service. Please note that WE PROVIDE NO SERVICE LEVEL GUARANTEES WHATSOEVER concerning this service.

Unless the law provides otherwise, you waive and release us from any obligations that could arise due to defenses, rights and claims you have or may have against any third party on account of the use of the Account.

11. Warranties, indemnifications and limits of liability

Disclaimer about Warranties

You understand that the Services subject to this agreement are provided on “as is” and “as available” basis. PacAnGO makes no representations or warranties of any kind, express or implied, as to the operation of this service or the information, content, materials, or products included on our Site. You expressly agree that your use of this Site and our Service is at your sole risk.

You also understand and agree that any data, content, or information downloaded or otherwise obtained through your use of the App or Services, including viruses, are obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from such download.

The “near me” locations service is provided to users as a reference only. Users should always check PacAnGO and Facilities Operator signage for actual location number prior to finalizing a parking transaction. PacAnGO accepts no responsibility for parking sessions booked using an incorrect location number.

PacAnGO does not own, control or operate parking facilities. Accordingly, PacAnGO does not warrant anything with respect to such facilities. PacAnGO will not be liable for any damages of any kind arising from or related to any parking facility or its operation, including, but not limited to direct, indirect, incidental, punitive, and consequential damages arising from damage to your vehicle, loss of your vehicle, or loss of articles left in your vehicle or for any personal injury in any circumstances.

PacAnGO is also not responsible for any parking penalties you incur or receive, even if the Services were used in connection with a Transaction. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding Parking Penalties. We do not enforce any parking restrictions and have no ability to control the actions of third parties who enforce parking restrictions or assess parking penalties.

Indemnification

You agree to indemnify, hold harmless and defend PacAnGO with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorney's fees and expenses of PacAnGO’s selected attorneys, arising from any third-party claim against PacAnGO relating to (i) your violation of law, ii) your infringement of any Intellectual Property or similar proprietary rights of any person or entity; (iii) any noncompliance with or violation of your License; (iv) your improper or illegal use of the App or Services; (v) any act or omission or willful misconduct of yours; (vi) any breach of any of your representations, warranties, or covenants made herein; and (vii) any failure by you to comply with these Terms and Conditions.

Limitation of Liability

By using the App or Services, you hereby release, remise and forever discharge and give up any and all claims which you may have against PacAnGO, which now or hereafter arise from, relate to or are connected with the use of the App or Services. You further waive, release and give up any and all claims and defenses arising from or relating to any act, event or omission. This includes, without limitation, any claim which could be asserted now or in the future under (i) the common law; (ii) any PacAnGO policies, practices, or procedures; and/or (iii) any federal and/or state statutes or regulations.

To the fullest extent permitted by applicable law, PacAnGO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PacAnGO does not warrant that our Site, its servers, or e-mail sent from PacAnGO are free of viruses or other harmful components. PacAnGO will not be liable for any damages of any kind arising from the use of our Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

12. Loss, theft or unauthorized use

You are responsible for all authorized uses of your Account. Applicable law may protect you from liability for unauthorized purchases. You understand that your Account is not a credit account and is not protected by laws covering credit accounts.

Tell us AT ONCE if you believe that your Account has been used by an unauthorized person. Telephoning us is the best way to KEEP YOUR POSSIBLE LOSSES DOWN. If you believe that your phone has been stolen, or that someone has transferred or may improperly charge the account without your permission, contact the appropriate Customer Support Center or email us at support@pacango.com. If you fail to notify us promptly and you are grossly negligent or fraudulent in the handling of the account, you could incur additional charges.

If your phone or Payment Method has been reported lost, stolen or otherwise tampered with, we may close the Account to keep your and our losses down.

13. Notice containing information about your right to dispute errors

In case of errors or questions about Transactions on your Account, contact our Customer Support Center or email us at support@pacango.com as soon as you can, including if you think the statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. Under most circumstances, we will connect you to the Facilities Operator whose charges resulted in the error or whose transaction resulted in questions. Disputes involving operators of parking facilities will be resolved pursuant to their procedures.

For disputes that we (rather than a Facilities Operator) are involved in, we must hear from you no later than 30 days after the transaction in question has been made available to you on the online statement.

The following information must be contained in that notice:

If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days. Generally, we will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question.

If we decide there was no error, we will send you a written explanation within three business days, after we finish our investigation. You may ask for copies of documents that we used in our investigation.

14. Dispute resolution and confidential arbitration

Any dispute relating in any way to the services offered by PacAnGO not resolved in accordance with the preceding Section 13 shall be submitted to confidential arbitration in Vancouver, British Columbia, except that, to the extent you have in any manner violated or threatened to violate PacAnGO’s intellectual property rights, PacAnGO may seek injunctive or other appropriate relief in any Provincial or Federal court in the Province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association conducted by a single arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

15. Disclosure of account information to third parties

From time to time, subject to any applicable financial privacy laws or other laws or regulations, we may provide information about you and the Account:

You may tell us that you prefer that we not share this information with our Network of Merchant and Service Providers by sending your request to PacAnGO at any Customer Support Centre listed at the end of this page including your name, address, phone number and mobile user name.

For more information on how your information is used, please read our Privacy Policy.

16. Credit or information inquiries

You authorize us to make such credit, employment and investigative inquiries, as we deem appropriate in connection with the issuance and use of the Account. We can furnish information concerning the Account or credit file to consumer reporting agencies and others who may properly receive that information.

17. Business days and hours

Our business days are all days except Saturdays, Sundays and statutory holidays.

18. Use of cell phones whilst driving can be dangerous

Please note that operating a cell phone or any other device while driving can be dangerous and we advise you not to use our Service while operating a vehicle. You agree to indemnify and hold PacAnGO harmless from any or all liability whatsoever for any harm, loss or injury related to use of this service or the account while operating any kind of vehicle.

19. Cancellation of your account

You may choose to cancel this agreement by closing your Account on our Site, by emailing us at support@pacango.com, or through the Appincation or the website. Your termination of this agreement will not affect any of our rights or your obligations arising under this agreement prior to termination and your Account will remain our property at all times.

We may cancel or limit your right to use your Account at any time in the event of the following:

Our ability to suspend, limit or close your Account does not limit or exclude other remedies we may have if you are otherwise in breach of this Agreement.

20. Applicable law

By opening the Account, you agree that the laws of resident country without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and PacAnGO or our affiliates, as well as any of their successors and assigns. Notwithstanding the previous sentence, you agree that it shall be nevertheless permissible for PacAnGO to apply for equitable relief in any jurisdiction. You also agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content.

21. Intellectual property

All Intellectual Property in the App and Services is the sole property of PacAnGO and our affiliates or other representatives (as applicable) together with any goodwill, derivatives, new versions, enhancements, updates, changes, etc. of our Intellectual Property, even if wholly or partially based upon your ideas, comments, suggestion, questions, requests, and the like.

Other than as expressly set forth herein, PacAnGO does not grant to you any express or implied ownership or other rights to any Intellectual Property and all such rights are retained by PacAnGO. You are liable for any and all damages of every kind resulting from any infringement by you of our Intellectual Property rights.

Any communications, including, without limitation, e-mails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise from you to PacAnGO or any of our officers, managers, employees, representatives, attorneys, or agents and any postings to the Sites shall become PacAnGO's property upon the transmission of the same. You grant the perpetual and irrevocable right to us to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge.

PacAnGO and other marks indicated on our Site are registered trademarks of PacAnGO, Inc. or our affiliates in Canada, the United States and other countries. Other PacAnGO graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PacAnGO, Inc. or our affiliates. PacAnGO’s trademarks and trade dress may not be used in connection with any product or service that is not PacAnGO’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PacAnGO. All other trademarks not owned by PacAnGO or our affiliates that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PacAnGO or our affiliates.

22. Miscellaneous

You many not transfer your rights under this agreement without PacAnGO’s express written consent. We may transfer our rights under this agreement at any time.

Use of the Account is subject to all applicable rules and customs of any payment processor, clearinghouse or other association involved in transactions.

We do not give up our rights by delaying or failing to exercise them at anytime.

If any term of this agreement is found by a court to be illegal or not enforceable, all other terms will still be in effect.

If we take legal action against you because of default in the terms of this agreement, you must pay reasonable attorney’s fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.

When you download the App from your device, you may be subject to licenses and/or terms of use established by that mobile device, OEM, or vehicle manufacturer for your general use of that device and applications downloaded from it. These Terms and Conditions are in addition to the terms of those of the mobile device, OEM, or vehicle manufacturer, as the case may be.

You acknowledge and agree that these Terms, the Privacy Policy, the Legal Notice, and the Cookies Policy, constitute the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect.

Some pages on our Sites include links to third party websites. These third party sites are governed by their own privacy statements, and we are not responsible for their operations, including but not limited to their information practices. You should review the privacy statement of those third party sites before providing them with any personally identifiable information.

We may at any time change or repeal these Terms and Conditions, the Privacy Policy, Legal Notice, Cookies Policy or any other portion of the Services at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change, including either by email or by posting such update on our Sites. All such amendments, updates, modifications, replacements, versions, or revisions are effective immediately upon posting on our Site. You specifically agree to accept such notice of change by notice sent to the last electronic mail address you have provided to us. However, if the change is made for security purposes, we can implement such change without prior notice. Should you decide that you no longer agree to accept changes or notices electronically, we may cancel or suspend this agreement, or any features or services of the Account described herein at any time. All references in these Terms and Conditions to the Privacy Policy, the Legal Notice, and any other Services matters are references to the same as they are amended, updated, modified, replaced, or revised.

If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your personal information, you can do so by emailing us at support@pacango.com