TERMS & CONDITIONS
INTRODUCTION
These general terms and conditions (hereinafter the “GTC”) are intended to define the terms and conditions of access and use of the information and services offered by SOFFA SAL (hereinafter the “Company”) and its business partners (hereinafter the “Partner (s)” or “Affiliate (s)”) from the mobile site (hereinafter the “Application”) and from the website www.soffaparking.com (hereinafter the “Site”). The App can be downloaded from the AppStore® and GooglePlay®.
By accessing and using the Application or the Site and their contents, the user (hereinafter the “User” or the “Customer” or the “Client”) accepts and agrees to respect the GTC, as well as the general terms and conditions of the sale of paid Services (hereinafter the “GTS”).
The User must read the following GTC which relate to and govern his use of the Application or the Site or any component thereof. By accessing, browsing, viewing, or otherwise using the Application or the Site, the User represents and affirms that he has read, understood and agrees to be legally bound by these GTC and will comply with all applicable laws and regulations. The User further represents and affirms that he has the authority and hereby legally binds himself or the business entity, if any, for which he serves in the capacity of agent, representative, independent contractor, partner, owner, member, manager, director, shareholder, or employee to these same GTC, without limitation, restriction, or qualification. These GTC shall take effect immediately upon the opening of an account with the Company or the User’s first use of the Application or the Site.
If the User does not agree to be bound by these GTC, he must not proceed any further to download the Application or create an account with the Company and shall not use the Site.
ARTICLE 1 – CONTRACTUAL RELATIONSHIP
The Application and the Site offer information and services (hereinafter a “Service” or “Services”) provided directly by the Company or indirectly through its Partners. By making a purchase on the Application or the Site and depending on the paid Service concerned, the User engages in a contractual relationship with the Company, or with the Partner concerned through the Company who then acts as an agent of the Partner concerned.
Depending on the paid Service concerned, the User will therefore be required to accept the GTS of the Company or the GTS of the Partner concerned, depending on whether the paid Service concerned is provided by the Company for its own account or as an agent of the Partner concerned.
Partner Services are in fact subject to conditions of use or sale which are defined and specified by the Partners concerned under the terms of their GTC, and over which the Company has no control, acting in quality of the agent.
The Customer’s attention is drawn to the fact that the Services may not be usable in a Park where the Customer has taken out a parking subscription directly from the Partner managing this park. The Customer must then report this case by email to contact@soffaparking.com.
In order to make the Application more accessible, its content is available in Arabic, French or in English depending on the settings of the User’s smartphone. However, only the GTC available on the Application and the Site, in English, are opposable to the Company.
These GTC expressly supersede prior agreements or arrangements. The Company may immediately terminate these GTC or any Services with respect to the User, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
The Company retains the right to change, modify, update, revise, and/or amend the content of the GTC at any time and, each time the User uses the Application or
Site, he agrees that the current version of these GTC is applicable to him and constitutes the contract between him and the Company.
Any changes made to these GTC shall be effective immediately upon posting on the Application or Site. The User’s continued use of the Application or Site, constitutes acceptance of the current version of these GTC which supersedes and replaces all prior versions.
The User acknowledges and agrees that there is adequate and sufficient consideration for any change, modification, update, revision, or amendment to these GTC and that he has received such consideration.
ARTICLE 2 – PERSONAL ACCOUNT
2.1 Creation of the account
The User has the opportunity to perform on the Site, without connection to his personal account (hereinafter the “Account”), a search for the location of Parks whose Services are offered on the Application. However, the User must imperatively create an Account and connect to it to benefit from all the Services. Nevertheless, the Application will only be accessible to the User after the creation of the Account.
Thus, the Customer who wishes to benefit from the Services must first create his Account on the Application or the Site. This Account allows him subsequently to access, modify or update the data concerning him, and to use, buy or renew the Services, via the Application or the Site.
2.2 Account Information
The Customer must fill in all mandatory information fields (marked with an asterisk) necessary to create the Account, with accurate, complete and up-to-date information.
In particular, the Customer must register the license plate of one or more vehicles with which he may use the paid Services, as well as at least one payment card (hereinafter a “Card” or “Cards”) valid (Visa and Mastercard cards are accepted), on which the amount of each of the paid services used will be debited.
In case the Customer saves several cards, the first is active by default, and it is up to the Customer to change this default selection if he wishes.
The client is informed that at the time of the registration of his card, the company will carry out a pre-authorization of payment of a value of 1,500 Lebanese Pounds (“LBP”) or its equivalent in united states dollars (“USD”) all-inclusive taxes valid until the first use of our parking service.
The Customer may add or delete license plates or payment Cards in his Account as many times as he wishes, provided that this does not occur during a parking session for which the relevant license plate number or Card has been used.
The Customer undertakes to regularly update the information previously provided if necessary. Any failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method, may result in the User’s inability to access or use the Services.
The User is responsible for all activity that occurs under his Account and he agrees to maintain the security and secrecy of his Account username and password at all times.
2.3 User Requirements and Conduct.
In order to use most aspects of the Services, the User must register for and maintain an active personal user Services account (hereinafter the “Account”). The Service is not available for use by persons under the age of eighteen (18). The User may not authorize third parties to use his Account, and he may not allow persons under the age of eighteen (18) to receive transportation or logistic Services from third party providers unless they are accompanied by him.
The User may not assign or otherwise transfer his Account to any other person or entity. The User agrees to comply with all applicable laws when accessing or using the Services, and he may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
The User may not in his access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the third party provider or any other party. In certain instances the User may be asked to provide proof of identity to access or use the Services, and he agrees that he may be denied access to or use of the Services if he refuses to provide proof of identity.
2.4 Deletion of the Account
The Customer may at any time request the deletion of his Account by sending a request to this effect by email to SOFFA customer service at contact@soffaparking.com. The deletion of the Account will only be effective after the end of any current transaction or the actual term of a reservation or a subscription.
The deletion of the Account makes it impossible to use the Application and limits that of the Site to the search of the rates concerned and the section of Parks whose Services are offered on the Application or the Site.
2.5 Security, loss, theft, misappropriation of the identifier and / or the confidential code
When creating his Account, the Customer enters a valid e-mail address, which is used as identifier, and chooses a confidential code that meets the complexity requirements of the Application or Site, which is used as a password.
The identifier and password thus created by the Customer are for his personal use. Therefore, the Customer undertakes not to disclose it to anyone and in any way whatsoever. The Customer is solely responsible for their custody and will be presumed responsible for all acts and actions operated from his Account. Any connection, purchase of paid Services or transmission of data made from his Account is deemed to have been made by the Customer and under his full responsibility.
As such, the Company cannot be held responsible for the use of the username and password of the User by a third party to which the User has communicated them or who would have had access to it as a result of a fault, clumsiness or negligence on the part of the User.
In case of loss, theft, or misappropriation by a third party of his username or password, the Customer shall immediately notify the Company and request new username or password by email to the address soffa@soffaparking.com.
2.6 Failure to comply with the GTC
In the event of a breach by the Customer of the GTC, the Company reserves the right to cancel the Account, unilaterally and without compensation, after formal notice sent to the Customer by e-mail which has not been used for forty eight (48) hours from dispatch.
ARTICLE 3 – HANDS-FREE ACCESS
This Service refers to the means of automatic access (hereinafter the “Hands-Free Access”) to the parking lots of the Partners eligible for this Service (hereinafter a “Park” or the “Parks”) for parking at the time spent at the current public rate as posted at the entrance to each Park. In addition to “Soffa Fees” of 10% of the applicable current public rate as posted at the entrance of each Park and depending on the parking duration stay with a minimum “Soffa Fee” of 500 Lebanese Pounds (“LBP”) or its equivalent in united states dollars (“USD”) all-inclusive taxes.
This Service is activated automatically when the Customer creates the Account, and it allows him to enter and exit the Park by reading the license plate of the vehicle (s) previously entered in his / her Account, without having to withdraw a ticket at the entrance and pay to a cashier before exiting the Park.
At the end of his parking session, the Customer receives by email a receipt indicating the registration of the vehicle concerned, its hours of entry and exit of the Park concerned and the corresponding price, paid by debiting his Card as the default payment method in his Account. The Customer has the opportunity to view, download and print the invoice corresponding to his parking session directly from his Account.
The Customer’s attention is drawn to the fact that, in each Park, only certain entry and exit routes could be used by the Customer for Hands Free Access and indicated for this purpose.
The Hands Free Access provided by SOFFA will be charged a separate fee “Soffa Fee” in addition to the price corresponding to his parking time at the applicable public rate in force when his vehicle enters the Park concerned.
Only license plates conforming to a model approved by Lebanese regulations and respecting the rules of size and layout of the constituent elements will be taken into account. In addition, the license plate of the vehicle must be clean and in good condition so that it can be read by the cameras when entering and leaving the Park.
The Customer may at any time deactivate the Hands-Free Access and reactivate it and as many times as he wishes via his Account on the Application and the Site, on condition that it does not occur during a parking session.
ARTICLE 4 – OBLIGATIONS OF THE USER
The User agrees to comply with all the GTC stated on the Application or the Site, in addition to all the laws and regulations in force. The User is prohibited to commit any fraudulent, abusive or excessive use of the Application or the Site and the information and data they contain.
Without prejudice to the stipulations provided for in Article 11 (Intellectual Property) below, the Company formally objects to any User or third party using the information contained on the Application and the Site, in particular regarding the Services or locations of their execution, their characteristics, contact details or applicable tariffs, to provide the public with a directory service or a service competing with the Application or the Site.
The User agrees not to use the Application, the Site and the Services offered for purposes or in a fraudulent or illegal manner and in particular in a manner as stated below:
– Which contradicts with the public order or the good morals, in particular by consulting or disseminating elements such as (including but not limited to) a pornographic nature, procuring or pedophilia, or any form of violence, the content being likely to be seen by minors;
– Which is related to murder, an incitement to racial hatred or a denial of crimes against humanity;
– Which breaches the legitimate interests of the Company, its Partners or any third party, in particular by insult or defamation, or which violates privacy, personality rights or patrimonial or non-patrimonial rights;
– Which consists of any form of hacking acts (intrusion into systems, spread of viruses, spamming, etc.).
ARTICLE 5 – USE OF THE MOBILE PHONE – DRIVING A VEHICULE
The User must know that operating a cell phone or any other device while driving can be dangerous and he is advised not to use this Service while operating a vehicle. The User agrees to indemnify and hold the Company 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.
ARTICLE 6 – LIABILITY OF THE COMPANY AND ITS PARTNERS – LIMITATIONS
The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect the User’s computer equipment, mobile device, or other property on account of his access to, installing, using, or browsing in the platform or downloading of any materials.
The Company assumes no responsibility for and is not liable for:
(a) data charges in connection with the use of the platform on the User’s mobile device,
(b) any failure, delay or inability to use any component of the platform,
(c) any traffic violation or citation or parking penalty,
(d) any damage to the User’s vehicle while parked,
(e) any automobile or other motorized vehicle accident,
(f) if the vehicle plate is damaged or unreadable.
In addition, the Customer undertakes to ensure that his vehicle is insured, to justify at the first request of the Company or the Partner concerned, and more generally to comply with all legal and regulatory insurance obligations at his expense.
Except where specifically required by law, in no event shall the Company be liable for any indirect, consequential, incidental, special or punitive damages, or any lost profits, revenue, data, or data use of any kind.
ARTICLE 7 – NOMINATIVE DATA
By using the Application or the Site and creating an Account, the User agrees to provide a certain number of personal data which is controlled by the Company on the Application and the Site.
The information collected by the Company is the subject of computerized processing intended for:
– The online subscription of the Services;
– Purchasing management;
– The management of the commercial relationship with the Clients;
– Management of the means of access in the Parks necessary for the use of the Services;
– The possible sending of commercial offers by the Company.
The subcontractors of the Company and the Partners concerned by the Services subscribed by the Customer are the recipients of the data. Therefore, the Customer agrees that his personal information will be stored, processed and transferred by the Company to its subcontractors and Partners, including in other countries, which may only access such nominative data for the needs of the provision of the Services and in compliance with the legal and regulatory provisions in force.
The User may at any time access, rectify, modify, and delete his personal data by sending a request by email to soffa@soffaparking.com and enclosing a copy of his valid ID.
The User is informed that the Services can only be provided by the Application if he agrees to be relocated. The relocation of a User, through his smartphone, is possible only when the latter has activated the corresponding option in the settings manager of his smartphone.
If the Application or the Site offers it, and depending on the choice made during the creation of the Account, the User may receive commercial offers from the Company or its Partners, by email, phone or SMS.
ARTICLE 8 – PAYMENTS
For all the paid Services, the Customer must pay by Card only; Visa and MasterCard are accepted. Payment is made by debiting the Card selected by the Client or the Default Card entered in the Account, however, the paid amounts cannot be considered as a deposit or installments in any case whatsoever. The invoicing of the parking sessions performed with the Hands Free Access is carried out in accordance with the public tariff in force at the moment of the entry of the Customer’s vehicle into the Park concerned. For other paid Services, the rate applicable is that which appears in the summary of the transaction submitted to the Customer in addition to 10% Soffa fees.
The Customer is responsible for the proper payment of the paid Services that he uses via the Application or the Site and in particular the Hands-Free Access. Thus, any partial or total payment default, may be subject to an immediate suspension of the Hands-Free Access and the Customer shall receive an email notifying him to legalize his situation as quickly as possible.
After one (1) month as of the date of the email, if the Customer does not legalize his situation, the Company shall send a formal notice by mail. After ten (10) days as of the date of the receipt of the formal letter by the Customer, in case the latter has not answered, the Company will further reserves the right to delete the Customer’s Account and to recover the amount of its claim.
The Company uses the services of Blom E-payment as part of the Card Services payments. Payments are made through a secure and certified payment interface: www.cybersource.com
Blom E-payment undertakes to maintain this certification, and is responsible for the data security of cardholders that it collects or, in one way or another, stores, processes or transmits on behalf of the Company.
The Customer is informed that the provisions relating to the possible fraudulent use of his Card are those resulting from the agreement concluded between the Customer and the bank issuing his Card.
The Company provides a Service to enable the User’s payment for parking at certain facilities. Therefore, the Company 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 which have contractual relationships with Soffa, but Soffa is not responsible for actions taken by such companies.
ARTICLE 9 – REFUNDS
The Company will make every attempt to deliver a high level of Service at all times. If the User thinks there has been a billing or accounting error, he should contact the appropriate Customer Care Center. The Customer Care Center will connect the User to the facility operator for the facility whose charges resulted in the billing or accounting error. If the User is entitled to a refund for any reason for Services obtained with the Account, he agrees to accept credits to the Card used in his Account in place of cash. The Company and the parking operators will not provide any cash refunds.
ARTICLE 10 – PROMOTIONAL CODE
The Company may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a third party provider’s Services, or other features or benefits, subject to any additional terms that the Company establishes.
The User agrees that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the Company;
(iii) may be disabled by the Company at any time for any reason and without any liability on the Company;
(iv) may only be used pursuant to the specific terms that the Company establishes for such Promo Code;
(v) may expire prior to the User’s use.
The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by the User or any other user in the event that the Company determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of the Company’s Terms.
ARTICLE 11 – INTELLECTUAL PROPERTY
The Application and the Site in their entirety and each of the elements that compose them (such as texts, databases, software, animations, images, photographs, illustrations, diagrams, logos, sounds, music) are protected by intellectual property rights and other proprietary rights held by the Company or its Affiliates.
The Intellectual Property is the sole property of Soffa and its Affiliates or other representatives (as applicable) together with the goodwill associated therewith. Other than as expressly set forth herein, the User is not authorized to use the intellectual property or any variations thereof. Other than as expressly set forth herein, Soffa does not grant to the User any express or implied ownership or other rights to any intellectual property and all such rights are retained by Soffa and its Affiliates. The User is liable for any and all damages of every kind resulting from any infringement of the Company’s intellectual property rights.
The Company and its Affiliates are the sole owner of any derivatives, new versions, enhancements, updates, changes, etc. of the intellectual property, even if wholly or partially based upon the User’s ideas, comments, suggestion, questions, requests, and the like.
Portions of the platform may provide the User with an opportunity to post and exchange information, ideas and opinions. Such postings do not reflect the views of Soffa, and in no event shall Soffa assume or have any responsibility or liability for the postings or for any claims, damages or losses resulting from any other posting use and/or appearance on the Platform.
Therefore, in application of the provisions of the Code of Intellectual Property and international conventions, it is prohibited to represent, reproduce, modify, publish, adapt, exploit all or part of the Application and the Site or the elements that compose them on any support whatsoever and by any means whatsoever for purposes other than for the personal and private use of the User for a non-commercial purpose.
Violation of these provisions exposes the User to the sanctions provided for by the Intellectual Property Code and the Penal Code, in particular for the infringement of copyright and trademark law, than by the Civil Code in matters of civil liability.
The trademarks, logos or domain names (such as Soffa and Soffaparking.com) appearing on the Application and the Site are the exclusive property of the Company, its Affiliates or its Partners. Any reproduction or use of these trademarks, logos or domain names, in any way and for any purpose whatsoever, is prohibited.
ARTICLE 12 – CONTACTS – FAQ
Frequently asked questions (hereinafter referred to as “FAQ”) are available on the Application, the Site and at the address https://soffaparking.com/ in order to guide the Customer in the use of the Application and the Site, and to answer any questions he may have.
In the event that the Customer does not find an answer to his questions in the FAQ, the GTC or, depending on the paid Service concerned, the applicable GTS, he can contact Soffa customer service at 009613088048 or 009613824242 (non-premium call and free service) or by email at soffa@soffaparking.com.
ARTICLE 13 – THIRD PARTY SITES AND/OR SERVICES
The Application and the Site may include links to other sites, sources and services, including those of Partners. To the extent that the Company cannot control these sites, services and other external sources, the Company declines all responsibility for the content, advertising, products, services or any other material available on or from these sites, services or external sources. These links are provided solely for the purpose of facilitating the User’s browsing and access to information and services likely to interest him.
ARTICLE 14 – DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
From time to time, subject to any applicable financial privacy laws or other laws or regulations, the Company may provide information about the User and the Account:
To parking companies it has relationships with.
In response to any subpoena, summons, court or administrative order, or other legal process which it believes requires its compliance.
In connection with collection of indebtedness or to report losses incurred by the Company.
In compliance with any agreement between the Company and a professional, regulatory or disciplinary body.
In connection with potential sales of business to parking companies and others.
To carefully selected service providers and merchant partners who help the Company meet the User’s needs by providing or offering the Services.
ARTICLE 15 – DISCLAIMER OF SERVICE LEVEL GUARANTEES AND WARRANTIES
The User must note that the Services are only available in selected locations and may not be available at all times at active locations. While the Company will endeavor to provide the best possible Services, there are limitations to cellular and payment technologies which may cause interruptions in Services.
Thus, the Company provides no Service level guarantees whatsoever concerning the Services.
Unless the law provides otherwise, the User waives and releases the Company from any obligations that could arise due to defenses, rights and claims he has or may have against any third party on account of the use of the Account.
ARTICLE 16 – AMENDMENT OR CANCELLATION
The Company may at any time change or cancel these terms and conditions. The User will be notified of any change in the manner provided by applicable law prior to the effective date of the change. The User specifically agrees to accept such notice of change by notice sent to the last electronic email address he has provided to the Company. However, if the change is made for security purposes, the Company can implement such change without prior notice. Should the User decide that he no longer agrees to accept changes or notices electronically, the Company may cancel or suspend this agreement or any features or services of the Account described herein at any time. The Account remains the property of the Company.
ARTICLE 17 – FURTHER ASSURANCES
The User covenants and agrees to perform further all acts and execute all supplementary instruments or documents which may be requested by Soffa to carry out the provisions and effectuate the intent of these GTC.
ARTICLE 18 – ASSIGNMENT
The Company may freely assign its rights in and to and obligations under these GTC. The User acknowledges that he may not assign, transfer or sell his rights under these GTC without Soffa’s express written consent, which may be withheld for any reason or no reason. Any purported assignment without Soffa’s consent shall be deemed null and void.
ARTICLE 19 – SEVERABILITY
If any portion of these Terms is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Terms as possible.
ARTICLE 20 – APPLICABLE LAW AND JURISDICTION
The Terms are subject to the Lebanese applicable laws. Any dispute relating to the formation, interpretation or performance of the GTC shall, in the first place, and to the extent possible, be settled by amicable negotiations between the Company and the User (hereinafter the “Parties”). In the absence of an amicable resolution within a month following the notification of the dispute by the first of the Parties to the other, the said dispute will be subject to the assessment of the competent Lebanese courts of Beirut on the initiative of the most diligent of the Parties.
