Terms and Conditions
The following terms and conditions govern your account with Blinkay Mobility Inc. and it’s Pay by Phone solutions (“Blinkay®”) which allow you to pay for parking at participating parking companies by using your phone or via the web Portal (“Portal”).
The materials on Blinkay®/Portal which may include text, images, clips software and other materials (the “Content”) are provided by Blinkay Technologies and its affiliates, subsidiaries, officers, directors, employees, suppliers, service providers or agents (collectively, the “Payment Processor”) for informational purposes only. By accessing the Blinkay®, you agree to be bound by the terms and conditions set out. If you do not agree to these terms and conditions (the “Terms”), do not access the Blinkay®/Portal.
The Payment Processor provides the Blinkay® and the Information on an “as is, where is” basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Blinkay®, or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, the Payment Processor does not represent or warrant that the Blinkay® will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of your data, hardware and software and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Links available on the Blinkay® will allow you to link to other websites including those not maintained or controlled by the Payment Processor and sites of various organisations and other third parties. The Payment Processor provides these links for your convenience but does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Blinkay®, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and the Payment Processor will not be responsible or liable for any damages in connection with linking. It is your responsibility to ensure that any website you choose to use is free of potentially destructive items such as viruses.
The Payment Processor is not responsible for and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the Blinkay®, or the Information, or any action or decision made by you in reliance on the Blinkay® or the Information, or any unauthorised use or reproduction of the Blinkay® or the Information, even if the Payment Processor has been advised of the possibility of these damages.
Use of the Blinkay®
You may not post, upload, publish, reproduce, or otherwise distribute Information or other materials on this Blinkay®:
- that would constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability; or
- which is protected by copyright, trademarks or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; or
- otherwise use this Blinkay® in a manner, which is contrary to law, or Netiquette or which would adversely impact use of the Blinkay® or the Information by other users including the posting or transmitting of information or software containing viruses or other disruptive content.
It is your responsibility to ensure that you have the appropriate hardware and software or Internet access services to allow proper use of the Blinkay®, the Service and the Information. Any additional costs associated with the Blinkay®, the Service or the Information shall be borne by you.
Trade-marks and copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Blinkay® are trade names or trade-marks owned by the Payment Processor, or trade names or trade-marks licensed to them. The trade-marks are distinguished from one another and accompanied, at first-time use, with the appropriate trade-mark symbol: ®/™/*. These symbols are keyed to their respective legend, which describes the owner or licensee of the trade-mark: The Information is protected under the copyright laws of Canada, USA and other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the Information.
Privacy and confidential information
Blinkay® privacy and security policies are binding parts of these Terms and may be accessed under the Privacy and Security on the Blinkay®.
The information, material and content provided in the pages of the Blinkay® (the “Information”) may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Blinkay® will mean that you agree to any changes. The Payment Processor may terminate forthwith the use of the Service by any user, if that user has used the Service in any way that is contrary to the Terms or the law or in any way that disrupts the Service.
You agree to pay the parking fee together with all other fees, charges, or assessments related to all transactions. Payments shall be in US currency and made out to Blinkay or the Facilities Operator, depending on the location of the parking facility. The amount of the transaction includes the price specified by the Facilities Operator on the date of service (as posted at the parking facility or configured in the Blinkay rate system), the service charge for the Blinkay service, and any taxes that apply will be charged to the payment method selected for the account.
Blinkay 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. If the payment to which the error relates was made to the Facilities Operator, Blinkay will connect you to the Facilities Operator. 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. Blinkay 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 Support Center.
Verification of Transactions
Details of your transactions will be available in real-time, through your online statement, the App or on Blinkay’s site. You agree that Blinkay may provide periodic statements and any other notices related to our services, electronically via an individual account, the Blinkay App or Blinkay’s website. Statements are provided electronically and will describe each transaction during the statement period. Your statement will be available to you in electronic format, for viewing and printing online, from the Blinkay App and/or website. You may review your recent transaction history in your account at any time, which will show up to a year’s worth of transactions.
Failure to Complete Transactions
You understand that using Blinkay’s services does not guarantee you a parking space, and that you will only activate the offered Blinkay service(s) 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 (i) parking location number for the relevant parking space, (ii) license plate number of the vehicle you are parking, and (iii) information about the payment method for the transaction.
As part of the services offered, Blinkay 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 acknowledge that you may not receive these notifications due to the operation, coverage, and services of your mobile network provider and/or Internet service provider, or for other reasons, and agree that you remain responsible for timely activating, extending or deactivating a Parking Session. Blinkay shall have no liability for any damages and costs you incur from not receiving notifications on-time or at all.
Blinkay and the Facilities Operators accept no liability to complete any transaction which cannot be cleared by our payment processors, whether because there are insufficient funds available on your payment method or otherwise.
Neither Blinkay nor any of the Facilities Operators will be liable to you for any failure to accept or honor the account.
Appropriate safeguards to ensure the security, integrity and privacy of the information are in place. Questions about this application should be directed to the Customer Service Department.
Blinkay commits to the following principles regarding the information collected or used.
Blinkay is responsible for all personal information in our control. If you have any questions about the manner in which your information is handled, for further information please contact us via https://www.blinkay.app/en.
At or before the time your information is collected, Blinkay will identify to you the purposes for which your information is collected and will explain the purposes clearly and accurately. Where we need to use or disclose your information for a new purpose which we had not identified previously, before using or disclosing that information for the new purpose, we will identify the new purpose and obtain your consent.
Blinkay will not collect, use or disclose your information without your prior knowledge and consent or as required by law. You can withdraw the consent you have provided for the use or disclosure of your information, subject to legal or contractual restrictions as well as reasonable notice. Blinkay will explain to you the consequences of such withdrawal – for example, we may be unable to provide this service (eg. process your transaction) if you withdraw your consent to the use of your information. Limiting Collection Blinkay will limit the type and amount of information which we collect to that which is necessary to fulfil the purposes we have identified to you.
Limitation of collection
Blinkay will only collect the amount and type of information necessary for the purposes we have identified to you.
Limiting Use, Disclosure, and Retention
Blinkay will not use or disclose your information for purposes other than those for which it was collected, and which we identified to you, except with your consent or as required or permitted by law. We will retain your information only for as long as is necessary to fulfill the purposes for which your information was collected. We will not disclose your information to any other individual or entity outside of Blinkay, its affiliates or suppliers.
Blinkay will ensure that your information is as accurate, complete, and up-to-date as is necessary to fulfill the purposes for which it will be used.
Blinkay will protect your information using security safeguards which are appropriate to the sensitivity of your information.
Blinkay is open about our policies and practices with respect to the management of your information. Otherwise, you may contact us via https://www.blinkay.app/en/ to obtain information regarding the management by Blinkay of your information.
Where you provide Blinkay with a written request and upon reasonable notice, we will advise you as to whether we maintain information about you and the manner in which it has been used. Where possible, we will give you access to the information to which you have requested access. If we are unable to provide you with such access, we will advise you of the reason for this. You may challenge the accuracy and completeness of your information and, where you demonstrate that your information is inaccurate or incomplete, we will amend it as appropriate.