Page 1 of 8
Terms and Conditions of Tipperary eParking - January 2017
By opening or using a Tipperary eParking Account with Tipperary County Council or its
appointed Contractor, you agree to be bound by the Terms & Conditions contained in this
Agreement. Please read this Agreement carefully.
1. General
In these Terms and Conditions for Tipperary eParking the following definitions apply:
1.1. “Service User” is a private parking user or a company that uses the parking system of
Tipperary eParking with or without a third party, or using other services offered by Tipperary
County Council.
1.2. Tipperary eParking is a Tipperary County Council service and is operated on behalf of the
Council by ParkMagic Mobile Solutions Ltd.
1.3. “Tipperary County Council Parking area” means a parking space on a street or in a
Tipperary County Council operated car park designated for pay parking in the Towns of:
Cahir
Carrick-On-Suir
Cashel
Clonmel
Nenagh
Roscrea
Templemore
Thurles
Tipperary Town
Any other future location in County Tipperary that has County Council pay
parking in operation.
1.4. “Tipperary eParking service” refers to the service that facilitates a request and the
processing of a payment for the issue of permission to park in a Tipperary County Council
Parking area for a period of time by use of a telephone, mobile device or website, and operated
by Tipperary County Council and its Appointed Contractor.
1.5. "Account" means the Service User’s Tipperary eParking Account.
1.6. “Parking Event” means the request and payment processed by the Service User for the
issue of permission to park in a Tipperary County Council Parking area at a certain time for a
period of time.
1.7. “Service” means the service offered by Tipperary eParking allowing you to pay for parking
by telephone, mobile device or website.
1.8. ‘The Appointed Contractor” is the operator of the Tipperary eParking service on behalf of
Tipperary County Council for parking payment, which is identified by reference to the vehicle
registration number or as otherwise specified by Tipperary County Council from time to time.
Page 2 of 8
Terms and Conditions of Tipperary eParking - January 2017
The Appointed Contractor operates as a “Disclosed Agent”, operating the parking system on
behalf of the parking space provider and is not the owner of parking spaces.
1.9. “Fees” means all charges associated with the use of the Tipperary eParking Service.
1.10. “Schedule of Fees” is a listing of all charges that are applicable to Tipperary County
Council eParking which is available to customers on the website www.tipperaryeparking.ie
along with these Terms and Conditions. By accepting these terms and conditions, the Service
User is also accepting the Schedule of Fees.
2. Display of Terms
2.1. The General Terms and Conditions of the use of this service are displayed on the website
of Tipperary eParking at www.tipperaryeparking.ie Tipperary County Council may alter these
General Terms and Conditions at its discretion. In the event of any of these General Terms
and Conditions being declared null and void, the remaining General Terms and Conditions
shall continue to apply.
2.2. Service Users are prohibited from assigning rights and/or obligations to third parties
relating to services supplied by Tipperary eParking and contained in these General Terms and
Conditions without a prior written permission from Tipperary County Council.
2.3. The Terms and Conditions may be changed by Tipperary County Council at any time and
any such changes will be notified to the Service User prior to coming into effect.
2.4. At the request of Tipperary County Council the Appointed Contractor – ParkMagic - may
also notify Service Users of changes to this Agreement by publishing a notice of such changes
on www.tipperaryeparking.ie and/or emailing the Service User to the address last notified to
the Appointed Contractor and/or by text message to the telephone number last notified to the
Appointed Contractor.
It is the sole responsibility of the Service User to ensure that the contact information
provided is correct and changed contact details are notified as required.
3. Using Tipperary eParking Services
3.1 The Service involves the use of a telephone, mobile device or website to request and
make payment for the issue of permission to park in a certain location at a certain time for a
period of time in accordance with prevailing Tipperary County Council Parking Bye-Laws and
on-street Parking Regulations.
3.2 In order to complete a successful parking transaction, the Service User must:
Page 3 of 8
Terms and Conditions of Tipperary eParking - January 2017
(a) Contact the Tipperary County Council Designated Phone Number. The tariff for this
call will be dependent on the Service User’s mobile phone operator and the service
the Service User has subscribed to with that mobile phone operator.
(b) Use the Tipperary eParking Mobile App or
(c) Use the Tipperary eParking website
And further:
Confirm the zone in which the Service User wishes to park and
Confirm the vehicle registration number of the vehicle being parked.
Payment must be confirmed by the Appointed Contractor in order for a successful
parking transaction to be completed.
If using the Designated Phone Number, the Service User should have the Calling Line Identity
(CLI) service enabled on their mobile phone in order that the Tipperary eParking service can
speedily process the call.
3.3. The Service User must provide the vehicle registration number for the vehicle being
parked. Failure to provide the correct vehicle registration number (VRN) will result in the
parking transaction being invalid. It will be deemed that the valid parking transaction has not
been enabled and a fine in the form of a Fixed Charge Penalty Notice (FCPN) may be issued.
3.4. The Service User cannot claim any right to a parking space by using Tipperary
eParking services. Instructions to Tipperary eParking via mobile telephone, landline or
website are subject to the regulations of Tipperary County Council in force at that given time
or place.
3.5. A Service User can only presume that a parking transaction is valid after a confirmation
has been given to him/her by the system. A machine generated verbal confirmation will be
issued to the Service User at the end of a telephone call to the Service. Where the Service
is activated by Smart Phone App or by the eParking website a text based confirmation is
displayed.
3.6. In the case of unavailability of the service due to a fault in the parking system of the
Appointed Contractor or in a network system of any third party/parties, the Service User shall
be obliged to pay for parking by another valid method i.e. the display of a valid pay and
display parking ticket as defined by the regulations of Tipperary County Council in force at
that given time or place.
3.7. Tipperary eParking customers who may wish to use any other services offered or made
available by the Appointed Contractor now or in the future must register independently with
the Appointed Contractor for that purpose and cannot assign funds allocated for the
Tipperary eParking service for any other purpose.
3.8. The Service User hereby agrees to use Tipperary County Council or its Appointed
Contractor’s service in a proper manner and only in an area permitted by Tipperary County
Page 4 of 8
Terms and Conditions of Tipperary eParking - January 2017
Council. Should the Service User fail to abide by this requirement then the Service User is
solely responsible for any penalties incurred.
3.9. The Service User is responsible for cautious handling of any password and/or P.I.N
necessary for accessing their personal account on the Appointed Contractor’s website.
Should any password or PIN become disclosed to any unauthorised third party, the Service
User agrees to notify the Appointed Contractor by email or phone in order to deactivate the
account and reopen it with a new PIN or password.
3.10. Where the Service User no longer wishes to use the services of Tipperary
eParking he/she should no longer place calls to the Service or access the service via the
website of Smartphone App.
3.11. Tipperary eParking retains the right to cancel or refuse to provide the service to a
Service User or to a new applicant without stating any reason. Parking contrary to these
General Terms and Conditions is considered to be parking without paying the appropriate
parking fee.
3.12. By activating and using a Tipperary eParking account you agree to these terms and
conditions. If you do not agree, or subsequently change your mind, then you should not
use the Service and contact Tipperary eParking in writing or by email where upon your
name will be removed from the service.
3.13 By activating and using a Tipperary eParking account you permit Tipperary County
Council and its Appointed Contractor to communicate with you by SMS text message to the
number(s) you used to register the Tipperary eParking account in order to advise you of
service upgrades, enhancements and other parking associated announcements. You may
withdraw this consent at any time by contacting the Appointed Contractor at
support@parkmagic.net
3.14 By activating a personal account on www.tipperaryeparking.ie you are required to
provide an email address for account verification purposes and consent to allow the
Appointed Contractor to use this address solely by the Appointed Contractor for the
purposes of providing service alerts, notifications of enhancements, discount programs and
other parking service related information. This email will not be declared to any third party.
You may withdraw this consent at any time by contacting the Appointed Contractor at
support@parkmagic.net
3.15 The terms and conditions of the Agreement may be changed by Tipperary County
Council and/or the Appointed Contractor at any time and any such changes will be notified
to the User prior to coming into effect.
3.16 The Appointed Contractor may also notify Users of changes to this Agreement by
publishing a notice of such changes on the Tipperary eParking website,
www.tipperaryeparking.ie and/or emailing the User to the address last notified. Such
changes shall not come into effect until at least 14 days after such publication.
Page 5 of 8
Terms and Conditions of Tipperary eParking - January 2017
4. Payment
4.1. The Service User may apply credit to their Account by means of any of the methods made
available by Tipperary County Council and its Appointed Contractor from time to time and may
thereafter use the Service. The amount of the credit will reduce as a result of calls to the
Service that result in the issue of a Parking Event.
4.1.1. Methods for applying the credit:
The service User may apply credit to their account by logging in to their account on
www.tipperaryeparking.ie
The Service User may apply credit to their account through the Smartphone App.
In the event that the Service User is unable to use any of the above means, they may
apply credit to their account by calling service customer care on 0818 220 107 or 061
311422. The tariff for this call will be dependent on the Service User’s mobile phone
operator and the service the Service User has subscribed to with that mobile phone
operator.
4.2 No Parking Events will be allowed to the Service User once the Account balance
reaches a level insufficient to pay for the Parking Event in its entirety. If the Service User
does not use the Tipperary eParking Service for a period of 6 months or such other period
as Tipperary County Council and its Appointed Contractor may advise from time to time the
account may be placed in suspension for security reasons.
4.3 The Appointed Contractor provides a Top-up service which is accessible by calling the
telephone number as defined by Tipperary County Council from time to time. The Top-up
Service permits callers to check their Account balance and to enter credit/debit card
information for the purpose of topping up the account. The tariff for this call will be
dependent on the Service User’s mobile phone operator and the service the Service User
has subscribed to with that mobile phone operator.
4.4 The Appointed Contractor will deduct all amounts due for parking and other services as
they occur from the Service Users account.
4.5 The parking fee payable in respect of the use of the Tipperary eParking service may be
changed from time to time by Tipperary County Council. Any such changes shall become
immediately binding upon the Service User. All such fees shall be charged in Euro.
4.6 Details of parking and other transactions incurred can be viewed on the Service User’s
statement, which can from time to time be accessed via the internet. There is no charge for
this account statement service.
4.7 The Service User must have a sufficient facility on his/her/its bank account or other
agreed payment method to enable the Appointed Contractor to collect fees due. Where
Page 6 of 8
Terms and Conditions of Tipperary eParking - January 2017
this is not the case the Appointed Contractor may, at its sole discretion, cease or
temporarily suspend service to that Service User.
4.8 Certain additional services shall be available to the Service User on an ‘opt in’ basis
(e.g. optional text reminders prior to the expiry of the paid parking event) and shall be
subject to charges as set out in the Schedule of Fees. The provision and delivery of such
services shall be provided by the Appointed Contractor and any queries or disputes in
relation to such additional services shall be a matter for resolution exclusively between the
Service User and the Appointed Contractor.
5. Refunds, Disputes & Dormant Accounts
5.1. Refunds: Once credit is used the Service is deemed to have been delivered and
consumed. Therefore, refunds on used credit will not be made by the Appointed Contractor.
Refunds on unused credit will be made by the Appointed Contractor should a user wish to
cease use of the Service in accordance with 3.12 above. To defray the costs incurred by the
Appointed Contractor in providing the top-up service and which are unrecoverable by the
Appointed Contractor a service fee for refunds is payable and is deducted from the balance
remaining in the user account at time of cessation of service. The service fee is applied based
on the mechanism used to top-up. Credit/Debit Card Top-Ups: 15%
5.2. Fee & Charge Disputes: Service Users who wish to dispute any service Fee or charge on
their Account may do so by submitting a query to support@parkmagic.net This submission
must be made within 90 days of the charge or Fee first being debited from the Account. Where
a submission is made outside of this 90 day period the Appointed Contractor regrets that it
may not be possible to investigate the complaint as records from third parties who have
provided the services to the Service User may no longer be available in order to validate any
claim. Neither Tipperary County Council nor its Appointed Contractor will be liable for any
disputed Fees or Charges that cannot be validated.
5.3. Dormant Accounts: When an Account has been inactive for a continuous period of 24
months, the Account will be deemed to be dormant and closed. Credit remaining in the
account at this time will be deemed expired.
6. Limitation of Liability
6.1. The following provisions set out Tipperary County Council’s and its Appointed
Contractor’s entire liability (including any liability for the acts and omissions of its employees,
agents and sub-contractors) to Service Users in respect of any breach of its contractual
obligations arising under these General Terms and Conditions.
6.2. Any act or omission on the part of Tipperary County Council, its Appointed Contractor or
its employees, agents or sub-contractors falling within Clause 6.1 above shall, for the purposes
of this clause, be known as an Event of Default.
Page 7 of 8
Terms and Conditions of Tipperary eParking - January 2017
6.3. Tipperary County Council and its Appointed Contractor’s entire liability in respect of any
Event of Default shall be limited to damages of an amount equal to the amount paid to the
Appointed Contractor by the Service User pursuant to these General Terms and Conditions.
6.4. Neither Tipperary County Council nor its Appointed Contractor shall be liable to the
Service User in respect of any Event of Default for loss of profits, loss of goodwill, loss of
business, loss of opportunity, loss of reputation, loss of and/or damage to property or
corruption of data or any type of special indirect or inconsequential loss (including loss or
damage suffered by the Service User as a result of an action brought by a third party) even if
such loss was reasonably foreseeable or Appointed Contractor had been advised of the
possibility of the Service User incurring the same.
6.5. If a number of Events of Default give rise substantially to the same loss, they shall be
regarded as giving rise to only one claim under these General Terms and Conditions.
6.6. The Service User hereby agrees to afford Tipperary County Council and its Appointed
Contractor not less than 15 business days (following notification thereof by the Service User)
in which to remedy any Event of Default.
6.7. Tipperary County Council and its Appointed Contractor shall have no liability to the Service
User in respect of any Event of Default unless the Service User shall have served notice of
the same upon Appointed Contractor within 6 months of the date it became aware of the
circumstances giving rise to the Event of Default or of the date when it ought reasonably to
have become so aware.
6.8. Nothing in these provisions shall confer any right or remedy upon the Service User to
which he/she/it would not otherwise be legally entitled.
6.9. The Service User acknowledges that the responsibility for registering transactions via
telephone, mobile device or website as well as the possibility of receiving mobile text
messages with information in regard to the parking transaction depends on sufficient
functioning of the network of the Service User’s mobile and fixed line telephone provider and
the service of the telephone company. The Appointed Contractor cannot be made
accountable for damage caused by insufficient functioning of a network or telephone company
or for not receiving a transaction request or the sending or receiving of text messages in time.
6.10 Force Majeure
If the use of the eParking service is prevented or hindered by any matter beyond the control
of the Appointed Contractor including but not limited to acts of God, acts of government,
strikes, lockouts, industrial disputes, winds, fire, lightening, aircraft, explosion, flooding,
drought, riots, civil commotion, acts of war, malicious mischief or theft then the performance
of the Agreement shall be suspended without any liability on the part of Tipperary County
Council eParking until such prevention or hindrance comes to an end.
Page 8 of 8
Terms and Conditions of Tipperary eParking - January 2017
7. Parking Regulations & Parking Byelaws
7.1. The Local Authority bye-laws, parking regulations and other relevant regulations apply to
all Service Users of the Tipperary eParking system in County Tipperary.
7.2. Tipperary County Council can change parking tariffs and conditions at its discretion
without prior warning. Tipperary County Council shall have no liability to any Service User for
any changes made by local authorities to parking tariffs and conditions.
8. Applicable Law
8.1. These General Terms and Conditions are to be governed by and construed in accordance
with the laws of the Republic of Ireland.
9. Disputes
9.1. In the event of any dispute between any of the parties arising directly or indirectly from
the provisions of these General Terms and Conditions, such dispute shall, in the absence of
agreement between the relevant parties, be referred to arbitration pursuant to the provisions
of the Arbitration Acts, 1954 and 1980 and any amendment, extension or re-enactment
thereof. If the parties involved in such dispute cannot agree as to the appointment of an
Arbitrator, the matter shall be referred by such parties or any of them to the President for the
time being of the Law Society of Ireland who shall appoint an Arbitrator to determine such
dispute and whose decision shall be final and binding on the parties.
10. Disclosure of Account Information to Third Parties
From time to time, subject to any applicable legislation or regulations, the Appointed
Contractor may provide information about your Account:
• In response to any subpoena, summons, court or administrative order, or other legal
process which the Appointed Contractor believes requires our compliance.
• In compliance with any agreement between the Appointed Contractor and a
professional, regulatory or disciplinary body.
• To the Appointed Contractor’s appointed service providers and merchant partners
who help the Appointed Contractor meet the Appointed Contractor’s needs by
providing or offering Appointed Contractor’s services.
• In relation to requests for the purposes of audit inspection by both the Local
Government Auditor and Tipperary County Council’s Internal Auditor.
Tipperary eParking Schedule of Fees
Please see details below of fees applicable for use of the Tipperary eParking service with effect from
13
th
June 2017. By accepting the Terms and Conditions of use of the service, Service users also
accept this Schedule of Fees. All Fees shall be charged in Euros.
Type of Fee: Fees Applicable:
Parking Charges
The price for your specific parking selection is displayed
before you complete the transaction on the
App/Website.
The price for your specific parking selection is read aloud
before you complete the transaction on the IVR (phone
call) system.
Minimum Top-Up Amount €10.00
Top-Up Fee
(applied to top ups of less than €20.00)
€0.50
Optional Text Reminder Fee* €0.20
*Optional text reminders are available on an ‘opt in’ basis and shall be subject to charges as specified. The
provision and delivery of such services shall be by Park Magic Mobile Solutions Ltd. and any queries in relation
to such additional services shall be a matter for resolution exclusively between the Service User and the
contractor.
