Autotoll Limited (“the Company”)
Terms and Conditions for AutoPark
The AutoPark services are subject to and governed by the following terms and conditions :-
1. Definitions and interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meaning:-
(a) “Autotoll Tag” means the Autotoll tag as issued to the Tag Holder pursuant to the Licence Agreement;
(b) “Car Park Operators” means the car park operators which have agreed with the Company to accept the use of the Autotoll Tag for the payment of Fees as amended from time to time pursuant to clause 7.1(b) and a “Car Park Operator” means any one of them;
(c) “Car Parks” means car parks equipped to accept the use of Autotoll Tag for the payment of Fees owned and/or operated by the Car Park Operators in Hong Kong as published by the Company in its website’s sub-section headed “Service Locations” under the section headed “Park by Autotoll” or such other notice from time to time;
(d) “Fees” means all car parking fees and other sums payable to the Car Park Operators by the Tag Holder as a result of the parking of the Specified Vehicle at the Car Parks;
(e) “Free Parking Schemes” mean schemes operated by Car Park Operators or any other third parties whereby Tag Holder is allowed to park the Specified Vehicle free of charge for a period of time at the relevant Car Parks;
(f) “Free Parking Time” means the period of time a Tag Holder is allowed to park his Specified Vehicle at a Car Park free of charge pursuant to a Free Parking Scheme;
(g) “
(h) “Licence Agreement” means the licence agreement between the Tag Holder and the Company for the use of the Autotoll Tag as amended from time to time;
(i) “Pre-paid Account” means the pre-paid account maintained by the Tag Holder with the Company pursuant to the Licence Agreement;
(j) “Services” means the services to be provided by the Company to the Tag Holder as set out in clause 2.1;
(k) “Tag Holder” means the person whose application for the Services has been accepted;
(l) “Terms and Conditions” means these terms and conditions as amended pursuant to clause 7.1(a) from time to time; and
(m) “this Agreement” means the agreement between the Tag Holder and the Company for the provision of the Services pursuant to these Terms and Conditions.
1.2 In these Terms and Conditions, unless the context otherwise requires:
(a) references to clauses are to clauses of these Terms and Conditions;
(b) words denoting one gender shall include all other genders;
(c) words denoting the singular shall include the plural and vice versa; and
(d) the word "person" includes a company.
1.3 Terms which are capitalised in these Terms and Conditions shall have the same definition as set out in the Licence Agreement, unless the context requires otherwise or where the term is otherwise defined in these Terms and Conditions.
1.4 In these Terms and Conditions, references to the use of the Autotoll Tag to pay for Fees mean the use of the Autotoll Tag to record the entry and exit times of the Specified Vehicle in respect of the relevant Car Parks and to pay for the Fees through the Pre-paid Account.
2. The Services
2.1 The Company hereby agrees to provide the Tag Holder with the ability to use the Autotoll Tag to pay for the Fees of Car Park Operators incurred by the Tag Holder for parking the Specified Vehicle at the Car Parks and the Company shall debit the Pre-paid Account with the Fees recorded in respect of the Autotoll Tag by the Car Park Operators which shall be deemed to be conclusive and pay such to the Car Park Operators.
2.2 The Company accepts no responsibility for and shall not be liable to the Tag Holder for the refusal of any Car Park Operator to accept the Autotoll Tag for the payment of the Fees for whatever reason and no claim by the Tag Holder against any Car Park Operator shall release the Tag Holder from any of his obligations under this Agreement.
2.3 The Tag Holder agrees and acknowledges that :-
(a) the Company’s obligation is limited to the payment of the Fees to the Car Park Operators in the manner as set out in clause 2.1 and of other fees and charges under or in connection with this Agreement;
(b) the use of the Car Parks is governed by the rules and regulations of the Car Park Operators and the Company has no responsibility or liability in relation thereto;
(c) any enquiry, complaint against or dispute with any Car Park Operator shall be directed to such Car Park Operator;
(d) the Company has no authority, express or implied, to bind the Car Park Operators or to make any representations, warranties or statements on their behalf;
(e) all parking fees and all other sum payable to Car Park Operators recorded by the Car Park Operators shall be deemed to be incurred by the Tag Holder for parking the Specified Vehicle at the Car Parks notwithstanding that the Autotoll Tag may have been transferred to another vehicle or used by another person with or without the consent or knowledge of the Tag Holder;
(f) none of the Car Park Operators has any authority, express or implied, to bind the Company or to make any representations, warranties or statements on the Company’s behalf; and
(g) the Company is not responsible for the condition, suitability, quality, fitness or safety of any Car Park, any service offered by any Car Park Operator at the Car Parks or for any accident or incident at any Car Park or for any benefit concession or discount offer by the Car Park Operator or for any loss of the Tag Holder in the event he is unable to enjoy any benefit concession or discount of any Car Park Operator as a result of using the Services.
2.4 Notwithstanding the provisions of these Terms and Conditions and the Licence Agreement, in the event
(a) the Fees payable to any Car Park Operator in any single transaction shall exceed the maximum amount the Company may determine from time to time; and
(b) according to the latest records available to the Car Park Operator, the Pre-paid Account has insufficient funds to use the Services
the Tag Holder shall not be able to pay for such Fees through the Pre-paid Accounts and will have to settle such Fees by such other mean as the relevant Car Park Operator may agree before exiting the relevant Car Park.
2.5 The Tag Holder agrees and acknowledges that there will be a delay between the happening of a transaction involving the Autotoll Tag, including but not limited to the payment of funds into the Pre-paid Account, and that transaction being reflected on the records of the Car Park Operators and whether the use of the Autotoll Tag is accepted or rejected for the payment of Fees shall not be or deemed to be any indication of the level of the then current balance in the Pre-paid Account.
2.6 The commencement of the Services shall be subject to any activation procedures which the Company may determine from time to time.
2.7 The Company hereby reserves the right to suspend the Services altogether or in respect of certain Car Parks from time to time without prior notice or reason to the Tag Holder.
2.8 The Company accepts no responsibility for and shall not be liable to the Tag Holder in the event the Tag Holder is unable to enter or exit any Car Park using the Autotoll Tag for whatever reason.
2.9 Notwithstanding any other provisions of these Terms and Conditions, the Services shall only be available to a Specified Vehicle which is either a private car or light goods vehicle and not other types of vehicle.
3. Charges and Payment
3.1 In consideration of the provision of the Services by the Company, the Tag Holder shall pay to the Company such fee and/or charges as the Company may determine from time to time.
3.2 All payments to be made by the Tag Holder under these Terms and Conditions shall be made without set-off or counterclaim and without notice to or further authority or consent from the Tag Holder.
3.3 The Tag Holder hereby irrevocably authorises the Company to debit the Pre-paid Account with :-
(a) the relevant Fees as notified to the Company by the Car Park Operators as recorded by them in respect of the Autotoll Tag;
(b) all payments, fees or charges payable to the Company under these Terms and Conditions
without notice to or further authority or consent from the Tag Holder.
3.4 Subject to clause 4, the Tag Holder hereby agrees that the Fees debited from the Pre-paid Account shall not be refunded or credited back to the Pre-paid Account without the consent of the Company and the relevant Car Park Operator notwithstanding any dispute between the Tag Holder and the relevant Car Park Operator except where debit is made as a result of errors on the part of the Company in which case the remedy of the Tag Holder shall be limited to the credit of the relevant amount.
3.5 For the avoidance of doubt, the Tag Holder hereby agrees that this Agreement is a Related Agreement as referred to in the Licence Agreement under which debit can be made to the Pre-paid Account under the provisions of the Licence Agreement.
4. Free Parking Schemes
4.1 In the event that the Tag Holder is entitled to any Free Parking Time, the Tag Holder hereby acknowledges and agrees that the Company shall first debit the Fees for the Free Parking Time from the Pre-paid Account in accordance with clause 2.1 and when the procedures for claiming the Free Parking Time as prescribed by the relevant Car Park Operator and/or the Company from time to time is completed, the Company shall credit the Pre-paid Account with the amount debited for such Free Parking Time. For the purpose of this clause, the claim procedures for the Free Parking Time shall not be completed until the relevant Car Park Operator has confirmed the Free Parking Time.
4.2 The Tag Holder acknowledges and agrees that the Company is not a party to any Free Parking Scheme and shall not be liable in any way in the event the Tag Holder is unable to claim the Free Parking Time for whatever reason or to complete the claim procedures for Free Parking Time and any dispute or complaint against any Free Parking Scheme shall be directed at the relevant Car Park Operator.
4.3 The Company shall not credit the Pre-paid Account with any Free Parking Time if the procedures for claiming the same is not completed prior to the termination of this Agreement.
5.1 The Company may terminate this Agreement at any time by written notice to the Tag Holder without assigning any reason therefor and without incurring any liability to the Tag Holder.
5.2 This Agreement shall be terminated immediately without notice to the Tag Holder in any of the following circumstances:-
(a) the Tag Holder is in breach of any provision of these Terms and Conditions and fails to remedy such breach (if capable of remedy) within seven days from the date the written notice thereof is given to the Tag Holder by the Company; or
(b) the termination of the Licence Agreement for whatever reason.
5.3 The Tag Holder may terminate this Agreement at any time by written notice to the Company.
5.4 Notwithstanding termination of this Agreement, the Company shall be entitled to debit the Pre-paid Account with all Fees recorded in respect of the Autotoll Tag by the Car Park Operators.
5.5 Termination of this Agreement shall be without prejudice to any other agreement the Company may have with the Tag Holder, including but not limited to the Licence Agreement, and the continuity of such other agreement shall not be affected by the termination of this Agreement for whatever reason unless such other agreement so provided.
Without prejudice to the Company’s rights under clause 11 of the Licence Agreement, the Tag Holder shall keep the Company indemnified and shall hold the Company harmless at all times from and against any and all damage, loss, costs, expenses, liability or claims arising from or as a result of :-
6.1 the provision of the Services or the use of the Autotoll Tag under or in connection with these Terms and Conditions by the Tag Holder or any other person or persons with or without his authorisation or knowledge;
6.2 any breach of these Terms and Conditions on the part of the Tag Holder.
7.1 The Company may from time to time:-
(a) amend the terms of these Terms and Conditions,
(b) add, replace and reduce the list of Car Park Operators and/or Car Parks covered by the Services;
(c) determine or amend the maximum Fees for each transaction as referred to in clause 2.4(a);
(d) determine or amend the activation procedures for the use of the Services;
(e) determine or change fees or charges payable by the Tag Holder to the Company under or in connection with this Agreement;
(f) prescribe the procedures for claiming Free Parking Time
and the Tag Holder shall be deemed to have knowledge of and shall be bound by such if the same shall have been displayed in a conspicuous place at the Service Centre or drawn to the attention of the Tag Holder in such other manner as the Company thinks fit including but not limited to posting the same at the website of the Company.
7.2 If any provision of these Terms and Conditions is or become invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired and such remaining provisions shall remain in full force and effect.
7.3 Any waiver by the Company of any breach of these Terms and Conditions shall be effective only in the instance and for the purpose for which it is given and no failure or delay by the Company in exercising or enforcing any right under these Terms and Conditions shall operate as a waiver thereof.
7.4 Subject to clause 7.1, any notice from the Company to the Tag Holder and any statement, record, copy or other information to be sent to the Tag Holder in accordance with the provisions hereof shall be sent by:-
(a) prepaid post to the address of the Tag Holder use for the same purposes under the Licence Agreement which shall be deemed to have been received by the Tag Holder two days after the date of posting;
(b) facsimile transmission to the facsimile number provided by the Tag Holder for this purpose which shall be deemed to have been received by the Tag Holder upon despatch; and
(c) email to the email address provided by the Tag Holder for this purpose which shall be deemed to have been received by the Tag Holder upon despatch.
7.5 Any notice from the Tag Holder to the Company shall be sent by prepaid post to the Service Centre and shall take effect upon its actual receipt by the Company.
7.6 The information and data collected by the Company for the purpose of this Agreement and the usage of the Autotoll Tag by the Tag Holder pursuant to this Agreement shall be deemed to be information and data supplied in connection with the Application Form under the Licence Agreement and the provisions of clause 10 of the Licence Agreement will apply accordingly.
7.7 In the event of any inconsistency between the Chinese version and the English version of these Terms and Conditions, the English version shall prevail.
8.1 These Terms and Conditions and this Agreement shall be governed by and construed in accordance with the laws of
8.2 The parties submit to the non-exclusive jurisdiction of the courts of
| 
|