Terms of Use

Version dated October 5, 2023.

These terms apply to all persons (hereinafter referred to as the "User") using the resources of Smart Parking Technologies LLP, BIN 180640014343 (hereinafter referred to as the "Company"), including the website https://parqour.com/, the "Parqour" mobile application and other Company Resources (hereinafter referred to as "Company Resources"). These terms, together with the proposals of legal entities and/or individual entrepreneurs (hereinafter referred to as the "Seller") posted on the Company Resources, are the Seller's offer to the User's addresses in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan. The Company provides Users and Sellers with an Internet platform for paying for parking services provided by Sellers to Users (hereinafter referred to as "Services").

1. Basic Provisions:

1.1. Acceptance of the Seller's offer is the fact of payment for Services by the User in accordance with paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan. Acceptance is complete and unconditional. By performing actions to accept the Offer, the User confirms his legal status and capacity, as well as his legal right to enter into contractual relations with the Seller

1.2. The subject, terms and duration of the contract concluded between the Seller and the User are set out in the relevant Appendix to it (parking payment terms described on the Company Resources). The Appendices are an integral part of these Terms.

1.3. Technical information is understood to include information that is automatically transmitted to the Company during the use of the Site via the software installed on the User's device, as well as data that cannot be uniquely identified with a specific User (for example: site traffic statistics).

1.3. The powers and functions of the Company are limited to posting the terms of the transaction on the Company Resources on behalf of the Seller, as well as providing the opportunity to pay for the Seller's Services through the payment platforms of the Company's partners – payment service providers. The rights and obligations under the contract arise directly for the User and the Seller. All claims to the subject and the terms of the contract are presented to the Seller.

2. User's Personal Data:

2.1. The User agrees that the Company uses and processes the User's personal data.

2.2. The Company uses the User's personal data, including:

• to register a User on the Company Resources;
• to fulfill its obligations to the User;
• to evaluate and analyze the work of the Company Resources;
• to analyze and measure mobile application downloads by Users, statistics on the Company Resources, as well as their behavior within the Company Resources, etc.
• to improve the quality of Company Resources, the convenience of their use, the development and improvement of Company Resources, and eliminate technical problems or security problems.

2.3.The Company undertakes not to disclose the information received from the User. Provision of information by the Company to affiliated persons, agents and third parties acting on the basis of an agreement with the Company to fulfill obligations to the User is not considered a violation of obligations. Disclosure of information in accordance with reasonable and applicable requirements of the law is not considered a violation of obligations. The Company has the right to use "cookies". "Cookies" do not contain confidential information and are not transmitted to third parties. The Company receives information about the IP address of a visitor to the Company Resources. This information is not used to identify the User, except in cases of fraudulent User actions

2.4. The User is responsible for the accuracy of the personal data transmitted to the Company.

2.5. The User gives the Company consent to record telephone conversations to improve the quality of service and confirm the User's oral statements.

2.6. By registering on the Company Resources, the User gives his consent to receive updated information, informational messages via SMS, email, as well as push notifications, phone calls and other means of communication.

3. Payments:

3.1. The Resources are connected to Internet acquiring, and Users can make payments with a Visa or Mastercard bank card. After entering the registration number plate and clicking the "pay" button, a widget (secure window) opens with a payment page where the User enters his bank card details. For additional authentication of the cardholder, the 3-D Secure protocol is used. If the User's Bank supports this technology, the User will be redirected to its server for additional identification. The User can specify information about the terms and methods of additional identification in the Bank that issued the payment card.

3.2. Online payment is carried out in accordance with the terms of the International payment systems Visa and MasterCard on the principles of confidentiality and security of payment, for this purpose the most up-to-date methods of verification, encryption and data transmission over closed communication channels are used

3.3. The bank card data is entered in a widget (secure window) on the payment page of banks and/or payment organizations. In the fields on the payment page, you need to enter the card number, the name of the cardholder, the expiration date of the card, a three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All the necessary data is displayed on the surface of the bank card. CVV2/CVC2 is a three-digit security code located on the back of the card.

3.4. Then, in the same window, the User's issuing bank page will open to enter the 3-D Secure code. If the User does not have a static 3-D Secure configured, it will be sent to the User's phone number via SMS or by another method provided by the issuing bank. If the 3-D Secure code has not been received by the User, then the User should contact the issuing bank. 3-D Secure is the most modern technology for ensuring the security of card payments on the Internet. It allows you to uniquely identify the authenticity of the cardholder performing the operation and minimize the risk of fraudulent card transactions.

3.5. By performing actions to connect the payment card storage service, the User confirms his consent to the storage of information in the system of third parties, to bear independent full responsibility for the use of the payment card storage service, all risks associated with the possible use by third parties of the login, password, answer to the security question, card number, the use of automatic authorization, recurrent payments, including when sending a message received by e-mail and other information.

3.6. Cases of refusal to make a payment:

• The bank card is not intended for making payments via the Internet. You can find out more about this by contacting the issuing bank.
• There are not enough funds on a bank card to pay. To get information about the availability of funds on the payment card, contact the bank that issued the payment card.
• The bank card data is entered incorrectly.
• The bank card has expired. The validity period of the card is usually indicated on the front side of the card (this is the month and year until which the card is valid). For more information about the validity period of the card, contact the issuing bank.

4. Security Guarantees:

4.1. Banks and payment organizations involved in processing payments on Company Resources protect and process payment card data according to the PCI DSS 3.2.1 security standard. The transfer of information to the payment gateway takes place using SSL encryption technology. Further transmission of information takes place over closed banking networks with the highest level of reliability. User card data is not transferred to the Company or other third parties not involved in payment processing. For additional authentication of the cardholder, the 3-D Secure protocol is used.
4.2. If there are questions about the completed payment, Users can contact the customer support service of the payment service.
4.3. The personal information provided by Users (name, address, phone number, e-mail, payment card number) is confidential and not subject to disclosure. Payment card data is transmitted only in encrypted form and is not stored by the Company.
4.4. The security of online payment processing is guaranteed by the payment service provider. All transactions with payment cards take place in accordance with the requirements of VISA International, MasterCard and other payment systems. When transmitting information, specialized security technologies for online card payments are used, data processing is carried out on a secure high-tech server of a processing company.
4.5. Payment by payment cards is safe because:
• The authorization system guarantees the User that the details of his payment card (number, expiration date, CVV2/CVC2) will not fall into the hands of fraudsters, since these data are not stored on the authorization server and cannot be stolen
• The User enter his payment data directly in the payment provider's system, and not on the Company Resources.

Money Refund:

1. 5.1. To return funds to a bank card, it is necessary to fill out an application for a refund and send it along with a copy of the identity document attached to the address support@parqour.com..
2. 5.2. The application will be considered and, if it is satisfied, the refund will be made to the bank card within 14 working days from the date of receipt of the application and the necessary documents by the Company.
3. 5.3. To refund funds for transactions carried out with errors, it is necessary to apply with a written application and attach a copy of the identity document and receipts confirming the erroneous writeoff. This application must be sent to support@parqour.com
4. 5.4. The term for consideration of the Application and refund of funds begins to be calculated from the moment the Company receives the Application and is calculated in working days, excluding holidays/weekends.
5. 5.5. Refunds for services are made to the User's card from which the payment for Services was made or by other means agreed between the User and the Seller.

6. Unauthorized Access:

1. 6.1. The User is responsible for unauthorized access to the User's personal account by third parties and ensures the confidentiality of access data to the personal account. The User is responsible for all actions and consequences of using the User's personal account, including cases of unauthorized access, as well as voluntary transfer by the User of data for access to the User's personal account to third parties. At the same time, all actions within or using the User's personal account are considered to be performed by the User himself. The User is solely responsible for the safety of his data when changing the phone number that provides access to the User's personal account.
2. 6.2. The User is obliged to immediately notify the Company of any unauthorized access to the User's personal account and/or of any violation /suspicion of a violation of confidentiality. For security reasons, the User is obliged to independently perform a safe logout at the end of each session of work in the personal account. The Company is not responsible for possible data loss and any other consequences.

7. Final Provisions:

1. 7.1. The Company has the right to change the terms of these Terms unilaterally at any time without prior agreement with Users, while ensuring the publication of the amended terms on the Company Resources. The Company is not responsible for network attacks or hacking of the Company Resources (including, but not limited to), failures in the operation of the Company Resources caused by technical reasons. The parties are released from liability for non-fulfillment or improper fulfillment of obligations for the duration of force majeure. Force majeure refers to extraordinary and insurmountable circumstances that prevent the Parties from fulfilling their obligations. These include natural phenomena; the impact of a nuclear explosion, radiation (ionizing radiation) or radioactive contamination with nuclear weapons materials, industrial and research works or radioactive waste; wars, military invasions, hostile actions of a foreign enemy, military maneuvers and related military activities; civil war, armed rebellion, popular unrest of all kinds, mass riots, violent seizure or forcible retention of power; epidemics, weather conditions, terrorist actions, strikes, seizures, confiscations, nationalization, etc. At the same time, well-known events do not need any confirmation.
2. 7.2. All disputes and disagreements arising from legal relations under this Offer are resolved through negotiations. If it is impossible to resolve the disputes that have arisen during the negotiations, such disputes must be submitted to the court of the Republic of Kazakhstan, the city of Almaty with mandatory compliance with the claim procedure. The response time to the claim is 15 (fifteen) working days.
3. 7.3. The User has the right to apply to the Company or to the court for protection of their violated rights and legitimate interests. Contact details (addresses and telephone numbers) of the authorized body and subjects of pre-trial settlement of consumer disputes https://www.gov.kz/memleket/entities/mti-kzpp/contacts?lang=ru
4. 7.4. In case of any questions, the User can contact the Company: at the address: 144 Shevchenko str., Almaty

   E-mail: hello@parqour.com;

Contact Information

In case of any questions, the User can contact the Company:

• At the address: 144 Shevchenko str., Almaty
• E-mail: hello@parqour.com