Terms and Conditions

Last updated: 04 August 2017

 

UNIP welcomes you! Please note that UNIP smartphone application and Website are provided solely to assist customers in gathering parking information, searching the available parking, navigating to parking and/or point of interest, making parking reservations whenever available, controlling and paying for the parking session and other similar services, but for no other purposes.

The following Terms and Conditions (hereinafter referred to as the “Agreement”) govern the relationship between you and us. Please read these Terms and Conditions carefully.

The terms “UNIP”, “we”, “us” and “our” refer to UNIP KYIV Limited Liability Company, registered at: 1 Starosilska Street, Kyiv 02125, Ukraine (hereinafter referred to as “UNIP”).

This Agreement applies to any and all use of the UNIP Application and UNIP website at http://unip.com.ua, any services or features made available by UNIP through the UNIP Website, UNIP Application or SMS at 9393 (hereinafter referred to as the “Services”).

Terms “User”, “you” and “your” refer to any user of the Services. This Agreement incorporates UNIP’s standard policies, procedures and terms and conditions for use of the Services.

Acceptance of Terms
By registering in the UNIP automatized system, using the Services you acknowledge that you have read, understood and agreed to comply with this Agreement, and you represent and warrant that you are of legal age and are not prohibited by law from accessing or using the Services.

UNIP reserves the right to change, to revise or to discontinue this Agreement, the UNIP Application and UNIP Polices from time to time without any prior notice to User. You agree that you will review this Agreement from time to time. Your continued use of the Application after such changes will indicate your acceptance of such changes. You agree that we shall not be liable to you or to any third party for any modification of the Application, in whole or in part, or of any content, feature or product offered through the UNIP Application, UNIP Website or SMS.

If you do not agree to the terms of this Agreement or any its modified version, you have to immediately terminate your use of the Services.

Software License and User Restrictions
Subject to this Agreement, we hereby agree to permit you on a non-exclusive, revocable and non-transferable basis to install and use the UNIP Application on an Internet-connected mobile device or mobile phone (hereinafter referred to as the “Mobile Device”) that is in your possession and control on non-exclusive, non-revocable and non-transferable basis, and provided that your installation and use of the Application are solely for your personal use and for non-commercial purposes. Any other use is prohibited.

If you fail to comply with any of the terms or conditions set forth in this Agreement, this Agreement will automatically terminate and UNIP may unilaterally terminate the provision of the Services with immediate notification by SMS or e-mail.

You are solely responsible for any violation of any applicable laws that may result from your failure to observe the terms and conditions of this Agreement.

You agree not to (i) rent, lease, license, sublicense, distribute or otherwise transfer the Application; (ii) incorporate the Application or any data that you receive while using the Application or SMS into any other software product or service; (iii) use the Application or SMS or any data that you receive while using the App or SMS for commercial purposes; (iv) copy any data that you receive while using the Application or SMS; (v) utilize any device, software or programme that will interfere or attempt to interfere with the functionality of the Application; (vi) disassemble, decompile or otherwise obtain the source code of the UNIP Software or non-public APIs to the UNIP Application, except expressly permitted by applicable law and only upon prior consent of UNIP.

Not Use Application or SMS While Driving
You are solely responsible for driving and parking safely and carefully, and in compliance with all applicable laws and current regulations. You agree, represent and warrant that, as long as YOU USE THE UNIP SERVICES, YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ACCESS, VIEW, OR USE THE SERVICES WHILE DRIVING OR OTHERWISE OPERATING A VEHICLE OF ANY KIND. You understand that driving any vehicle while using Application or SMS is extremely dangerous, and can result in property damage, physical injuries or death. You agree, represent and warrant that you will not use or access the UNIP Services in any manner that places yourself or any other person at risk of injury, and that you will observe all applicable traffic laws.

UNIP makes its best effort to assure the accuracy of the information and data presented to the User in the Application or SMS. Nevertheless the User is responsible for safe driving and for the consequences of decisions as to where to travel or where to drive. Under no circumstance will UNIP undertake any responsibility or liability for the consequences of driving decisions made by you. You expressly agree that UNIP shall not be liable for any driving decisions made by you or at your suggestion or for any damages, injury or other harm caused by your use of or accessing the Application, services or content while driving, operating equipment or machinery, or otherwise in a dangerous and unsuitable manner, and waive any related claims you may have.

Registration and Personal Account Management
You may (but are not required to) register yourself and create an account with UNIP through the UNIP Website and UNIP Application (hereinafter referred to as the “Account”) in order to use the Payment Services. You undertake to complete the registration form fully and to provide true, accurate, current and complete data about yourself on the UNIP registration form (hereinafter referred to as the “Personal Data”). You also agree to promptly update the Personal Data in order to keep it true, accurate, current and complete. We reserve the right to modify the required information list at our sole discretion and at any time. Failure to provide us with the required information may prevent you from opening the Account.

Each registration is for a single user only. It is forbidden to share your user name and PIN with any other person.

You must treat the user identification code, the PIN or any other piece of information as part of our security procedures as confidential, and you must not disclose it to any third party.

You are solely responsible for maintaining the confidentiality of your Account and for use of your Account, whether or not authorized by you. You must immediately notify UNIP of any unauthorized use of your Account or any other breach of security related to your use of the Application.

We have the right to disable any account, user PIN code or password in case if in our opinion you have failed to comply with any of the above provisions of confidentiality.

You can use your Account to view your Account information, parking history, payments and to change details on the Application and on our Website.

UNIP stores your parking data for three (3) years.

You hereby acknowledge that your Account is not a current account and is not protected by the laws covering current accounts.

You hereby acknowledge that your Account you have established via the UNIP Application or Website remains our property.

Payment for Parking
You may use the Services to pay for parking by using our Application, Website or by SMS to 9393. You have a right to choose and/or to change upon your discretion the appropriate payment method:
– The Account’s virtual account;
– E-wallet of an international payment system.

Whenever you submit credit card information to UNIP for any particular transaction, you confirm that you are permitted to use that credit card. When using the Payment Services, you authorize us (and our designated acquirer bank) to charge the full and total amount of the parking price and all applicable fees to such credit card immediately. You also authorize the designated acquirer bank and international payment systems to collect and store that credit card information (and information regarding the identification thereof), as well as authorize UNIP to collect, process and store the credit card information along with other related transaction information.

It is your responsibility that the registered/provided debit or credit card is valid, has sufficient balance, and is not blocked or expired. You are responsible to submit new credit or debit card information at least one month before the current card expires.

The parking session is terminated either by reaching the desired time or the limited legal parking time in the area, or by UNIP in case of “zero” balance on your Account, or may be terminated by you through the Application or SMS. The status of your parking sessions will be available in real-time on your UNIP Account that you can access any time by the Application or the Website.

UNIP calculates and informs you about total due parking fee calculated using the effective tariffs of the parking operator.

The availability of UNIP Payment Services is clearly indicated on the UNIP Application or Website for some parking lots, garages and zones. There are parking lots and garages for which the Application provides the User with useful information without Payment Services.

You acknowledge that use of the Services does not guarantee you a parking space. You should start a parking session only after you have found an available parking space. The parking availability shown on the Application does not guarantee the parking space availability at your arrival to the parking lot.

UNIP Product Packages and Fees
UNIP is not a parking operator. We act on behalf of parking operators and provide you with access to remote payment for parking for the parking operators’ benefit. Parking fees can be changed as well as any parking restrictions can be imposed by the parking operators at their sole discretion at any time. You hereby acknowledge that each parking operator may have its own policies, terms, and conditions. We are not responsible for any changes in parking policies at any parking lots either public or private.

For the use of our Services and the Account, we do not charge you any Service Fees, other than the parking fees charged by the parking operators based on the effective tariffs and the fees charged by the Mobile Operator for SMS to 9393 according to the Mobile Operator’s tariffs.

UNIP reserves the right to propose from time to time promotional benefits to some or all of new or existing users, for some parking lots, garages or areas.

Complaints and Investigations
If you wish to complain of a parking price or a parking transaction, you must notify UNIP in writing no later than 14 days after the transaction in the request made available in support@unip.biz. The notice must clearly state your full name, phone number, the nature of the error and the amount in dispute. You agree to pay, when due, any undisputed portion of the transaction in dispute. If this is not done, you lose the right to dispute this transaction. UNIP may conduct an investigation of your Complaints related to incorrect parking price with the respective parking provider, which has the final decision.

Termination of Terms and Conditions
Your termination of these Terms and Conditions will not affect any of our rights or your obligations arising under these Terms and Conditions prior to termination.

UNIP reserves the right to immediately suspend your Account and/or terminate these Terms and Conditions at any time at its sole discretion for any reason, including, without limitation, your failure to pay for the Services pursuant to these Terms and Conditions and/or if you are engaged in fraudulent activity in connection with the UNIP Application and/or Website and/or if you have otherwise violated these Terms and Conditions.

It is your responsibility to terminate these Terms and Conditions in case (i) the Service is not supposed to be used, (ii) the vehicle registered in your Account is not in use by you (temporarily or permanently), (iii) the vehicle is no longer owned by you, (iv) any other reason that may cause the use of the Account or Service by others. UNIP has no responsibility to check if registered vehicle(s) or Mobile Device number(s) are used by a person authorised by you.

User Communication
The UNIP Application may use GPS locator capabilities to identify your location at the time of the Application use on your Mobile Device through the authorization system applied by your Mobile Device operation system.

UNIP may send you SMS text messages or e-mails to provide you information regarding the Services. You hereby expressly consent to receiving such notifications as: SMS text messages, e-mails, and PUSH-messages. The communication standards include, but are not limited to e-mail, SMS, GPS, and web-based browser technology.

User Notifications
You acknowledge and agree that the receipt of our notifications via SMS, other applicable messengers or e-mail generated by the UNIP Application, is not guaranteed and that you are responsible for the activation and deactivation of a parking transaction on time. You further acknowledge and agree that the receipt of reminders is dependent on the operation of your Mobile Device, your communication service provider and/or your Internet service provider. UNIP shall have no responsibility or liability for the damages and costs incurred by you as a result of you not receiving a reminder/notification on time or by the insufficient operation of your Mobile Device, communication service provider and/or Internet service provider.

Technical Requirements
Use of the Services requires Internet access through your computer or mobile device. In case of Internet interruption due to the communication service provider failure, UNIP switches on SMS-based service. You are responsible for all mobile operator charges resulting from your use of the Services, including from any notifications provided by the Services. UNIP does not guarantee that the Services will be compatible with all devices or will be supported by all mobile operators.

The user interface and functionality may have some minor differences across all platforms and devices.

User Obligations and Commitments
If you fail to comply with the UNIP Application instructions and this Agreement, you may be subject to the protocol on parking rules violation or have your vehicle impounded by the appropriate authorities for illegal parking.

You are responsible to ensure that the parking transaction has started correctly. To be sure that the parking transaction has been started, you should check the status screen of the UNIP Application or check your Account on the UNIP Website or check the received SMS confirming the start of parking.

You are responsible for starting a parking transaction with indication of the correct vehicle’s license plate registration number.

In case you choose not to specify the planned parking transaction duration, you are responsible to control manual termination of your parking transaction (you should stop the parking transaction before you leave the parking space).

You accept that your parking transaction charges include the parking fees according to parking operators’ effective tariffs. The final parking price is calculated once the parking transaction is completed.

The final parking price is based on the parking operator’s effective tariffs at the time of the Service.

All notices, signs, requirements and/or directions made by relevant parking authorities/providers, whether public or private, shall take precedence over any information that you receive from us.

You are responsible for any fine, ticket or penalty charge issued between the time of parking the vehicle and the notification by the UNIP Application or SMS that the vehicle is properly parked.

In the event that the UNIP Services are unavailable (partially or completely), or that your mobile phone service is unavailable (partially or completely), you must pay the appropriate parking fee that is due by paying on the available park meter or other device/mean.

You shall indemnify UNIP and hold UNIP harmless against all disputes arising between you and a parking provider/authority, credit/debit card company, mobile communication provider or Internet provider, including but not limited to disputes in relation to parking fines or notices of breach of parking regulations. The resolution of such disputes is your responsibility. UNIP remains neutral in such disputes and may at its discretion provide assistance to both parties.

You are responsible for all fees associated with the use of your mobile phone including but not limited to fees charged by your mobile phone operator.

UNIP reserves the right to transfer the claims for unpaid parking fees to third parties.

You are responsible for your own continuous compliance with this Agreement and its updates released by us from time to time.

Modifications to Application
UNIP reserves the right, at its sole discretion, to modify, amend, change or cancel the Services on the Application and Website from time to time and without any prior notice, including, without limitation, by removing, adding, or modifying data, information, design elements, availability of certain parking locations, etc. on the Application. In case of any of your objections or proposals to any such changes, you have a right to address UNIP on “Support” section of the Application or Website or cease using the Services.

Continued use of the Application Services following any such modifications/changes shall indicate your acknowledgment of such modifications/changes and satisfaction with all the Services.

Intellectual Property Rights
The features, information and data provided through the Services on the UNIP Website and UNIP Application or in SMS are the sole property of UNIP AG and are protected by copyright, trademark, patent and other intellectual property laws. All texts, graphics, video, data and other content made available through the Services are provided to you by UNIP or its partners solely to support your use of the Services.

All trademarks on the Application and Website not owned by us are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

Disclosure of User Account Information to Third Parties
From time to time, subject to any applicable privacy laws or other laws or regulations, we may provide information about our Users and their Accounts:

  • To parking providers we have relationships with;
  • In response to any court or administrative order, or other legal process which is binding and requires our compliance by the laws;
  • In compliance with any agreement between us and regulatory or disciplinary body;
  • In connection with potential sales of business to parking companies and others;
  • To service providers who help us meet your needs by providing or offering our Service.

Disclaimer and Limitation of Liability
Any content or services made available through or in connection with the Application, Website or SMS are provided to you on “as is” basis with no representations or warranties of any kind, whether express, implied or statutory.

UNIP makes its best effort to assure the accuracy of the information and data presented to the User in the Application, on the Website or in SMS. Nevertheless, in some minor cases the Application or Website content may contain some data discrepancy or inaccuracy or may be incomplete. In some cases it may concern location data, road or parking repair, temporary restrictions, detour, local, seasonal events or temporary promotions, etc. Therefore, the User agrees to evaluate and bear all risks associated with the accuracy, completeness and/or usefulness of any data available through the Application or Website, including without limitation information relating to the location, availability and pricing of parking. The User further agrees to consult all applicable parking notices, meters and related information in order to verify any information made available through the Application, Website or SMS.

The connection charges associated with your use of the Application (e.g., including periodic transmission of your location information) is your exclusive responsibility and will be at your sole expense. These charges are determined by the agreement between you and your communication network provider and not by this Agreement.

Neither UNIP nor its Associates, officers, directors, employees, shareholders, agents, partners or representatives shall be liable for any indirect, incidental, consequential, special, punitive or other damages of any kind, including, but not limited to, damages or costs incurred as a result of loss of time, loss of savings, loss of data, loss of profits, loss of goodwill, loss of business opportunities or other intangibles or software error, whether foreseen or unforeseen, that may arise out of or in connection with this Agreement and/or performance of the UNIP Application and Website, including, but not limited to, damages or costs resulting from the use of or inability to use the UNIP Application and Services.

UNIP is not liable to any damage or loss if:

  • any parking operator/provider chosen by the User, either public or private, does not accept UNIP as a method of payment;
  • any parking operator/provider chosen by the User is out of service;
  • communication network provider or Internet provider has not worked, has modified its service so that it negatively affected the Payment Services via UNIP;
  • you have entered the wrong information or vehicle registration plate number when using the UNIP Services.

Such damage or loss is beyond our control.

The total liability for any and all losses and damages arising out of any cause whatsoever shall in no event exceed an amount equal to the total amount paid as the Service fees purchased by the User hereunder.

You are to exercise your own judgment about your use of the Application, and if the Application suggests that you perform an illegal or unsafe manoeuver or one that potentially places you in an unsafe situation or that you take an unsafe route or go to an unsafe destination (for example, in case of any road accident, conditions or repair, etc.), you should not follow those suggestions. Your use of the Application is at your sole risk.

UNIP is not responsible for any loss or damage that you may suffer as a result of your wrong use of the UNIP Application and Services or if you fail to comply with this Agreement or any other instructions given to you by the UNIP Application, Website or SMS.

UNIP assumes no responsibility for your (in)compliance with any laws, regulations or rules stipulated from time to time by the parking operator/provider.

UNIP does not own, control or operate any parking facilities and/or services. Accordingly, UNIP does not warrant anything with respect to such facilities and/or services. UNIP will not be liable for indirect, incidental, consequential, special or other damages of any kind that may arise from or be related to any parking operator/authority or its services.

The UNIP Application and Website, information signs and other media channels that we may use from time to time may contain links, pointers and references to other Internet sites that may be owned by third parties. UNIP and its Affiliates do not control and are not responsible for the availability or performance of such third-party sites or any information, content, products or services accessible from such third-party sites. We expressly disclaim any and all liability related to performance of such linked websites, their terms and conditions or their content.

UNIP is not responsible for damage or loss caused by legal enactment, governmental action, war, sabotage, failure or delay in supply, telephone connection or other communications and transportation, strike, boycott or any other circumstances beyond UNIP’s control.

Disclaimer of Service Level Guarantees and Warranties
The UNIP Service is only available in selected locations and may not be available at all times at active locations. While we will provide the best possible service, there are limitations to mobile and payment technologies which are beyond our control and may cause interruptions in service. Please note that we provide no service level guarantees.

Unless the law provides otherwise, you waive and release us from any obligations that could arise due to rights and claims you have or may have against any third party as a result of your use of the UNIP Services.

Indemnity
Subject to the applicable laws, you agree to indemnify, defend and hold us, our subsidiaries and each of our respective Affiliates, Associates, officers, directors, agents, employees, partners, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) our provision of any information to you which is inaccurate; (ii) your breach of any warranty, representation or other obligations set forth herein; (iii) your negligence or misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or services; and (vi) your use of the UNIP Application, UNIP Website or UNIP Services through SMS.

Governing Law; Jurisdiction; Termination
You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your installation or use of the Application) is governed by and shall be construed in accordance with the laws of Ukraine.

Other Terms
We intend for this Website, Application and UNIP Services provided through SMS to be used by adults only and individuals or companies that can form legally binding contracts under the applicable laws. In order to use the UNIP Application, Website or UNIP Services provided through SMS, a user must be of the legal age to drive a vehicle. If you do not qualify, you are not permitted to use this Application, Website or UNIP Services provided through SMS and you do not have our consent to do so. It is not responsibility of UNIP to verify user’s age.

If any term or clause of the Agreement is found by a court in any jurisdiction to be illegal or not enforceable, all other terms will still remain in effect.

The Account and user’s obligations under this Agreement may not be assigned except to an authorized user who is approved in the UNIP Application or on the Website. We may transfer our rights under this Agreement at any time.

*Cost of SMS message – 0.94 UAH for subscribers of the national GSM operators. Cost of SMS message – 0.25 UAH for subscribers of the LLC “TriMob”.
Tariff in UAH includes value-added tax (VAT). Additionally, the Pension Fund tax is charged at a rate of 7.5% of the cost of the service, excluding VAT.
Only for adults.
Technical support: 0 800 330 093  Mon-Fri. From 9am to 6pm.
Organizer: LLC “UNIP KYIV”, 02125, Kyiv, street Starosilskaya, 1.