Terms of agreement for the Sesam-Sesam app

These terms (the “Agreement”) constitute the agreement between the user of the Sesam-Sesam application (the “Customer”) and Hi Tech Mobility AS, company no. 922 741 085 (“Hi Tech”), regarding use of the Sesam-Sesam application (“Sesam-Sesam”).

Sesam-Sesam enables the Customer to register and manage vehicles and payment methods, link parking events to the Customer's user profile and pay parking fees to third-party parking operators that have an agreement to use Sesam-Sesam.

The Agreement applies only to the Sesam-Sesam application, including the user profile, vehicle management, payment management, transaction overview, receipt information, customer service for the service, security and related communication. The Agreement does not mean that Hi Tech provides, sells or is responsible for the parking service itself.

Sesam-Sesam may only be used at parking areas indicated as available in the app, on the website or through information at the parking area. Availability may vary between parking areas.

Sesam-Sesam is intended for persons of legal age and legal entities that can enter into an agreement and dispose of a payment method. If Hi Tech becomes aware that a user profile and personal data have been registered contrary to this, Hi Tech may delete or restrict the account and the associated data in accordance with applicable law.

When the Customer parks at an affiliated parking area, the parking agreement is entered into between the Customer and the parking operator or facility owner stated for the area (the “Parking Operator”).

The Parking Operator determines and is responsible for parking terms, rates, signage, opening hours, entry and exit, the physical condition of the facility, any control and enforcement, and requirements relating to the parking itself. The parking fee is a claim from the Parking Operator and accrues to the Parking Operator.

Hi Tech administers payment of the parking fee through Sesam-Sesam based on parking and pricing information received from or made available by the Parking Operator. Hi Tech is not a party to the parking agreement. If Hi Tech exceptionally provides a different service or acts in a different role at a specific parking area, this shall be regulated and stated separately on the signage at the parking facility.

The name of the Parking Operator and relevant information about the parking shall be available on the receipt, at the parking area or in another clear manner.

Sesam-Sesam is developed, owned, operated, financed and commercialised by Hi Tech. The application and associated websites, technical platform, user interface, trademarks, domains, design, system logic and related intellectual property rights belong to Hi Tech or to a third party with which Hi Tech has an agreement.

The Customer is granted a limited, personal, non-exclusive and non-transferable right to use Sesam-Sesam in accordance with the Agreement.

The Customer's use of Sesam-Sesam is conditional on the Customer accepting the conditions and all terms of this Agreement. Before acceptance, the Customer shall be given access to the Agreement and may store it on a durable medium.

Automatic payment is only activated once the Customer has registered a valid payment method for the parking fee to the Parking Operator and any service fee to Hi Tech. By registering a payment method, the Customer accepts the applicable calculation model, minimum and maximum amounts and the possibility of separate charges, see clause 9 below.

Upon registration, Hi Tech may make a temporary card reservation of NOK 1 to verify that the payment method is valid. The reservation is released after the check.

The Customer must register an email address, mobile number, a valid payment method and the registration number of the vehicles to be managed through Sesam-Sesam in order to use the services of the application.

The Customer is responsible for ensuring that the information is correct and up to date, and that the Customer has the necessary right to register the vehicle and use the payment method. A vehicle must be removed or deactivated without undue delay if the Customer no longer has it at their disposal.

The Customer is responsible for payments lawfully linked to a registered vehicle until the vehicle is removed or deactivated. This does not apply if the Customer substantiates that the charge is due to theft, plate forgery or other circumstances the Customer could not reasonably have prevented.

At parking areas with automatic number plate recognition (ANPR), the Parking Operator, Hi Tech or a technical supplier registers the vehicle's registration number and the times of entry and exit in accordance with the allocation of roles that applies to the area. When relevant event data is made available to Sesam-Sesam, Hi Tech matches the registration number against the vehicles in the Customer's user profile in order to administer the payment.

Hi Tech does not determine the Parking Operator's parking terms or rates. The payment calculation for the parking fee is based on information from the Parking Operator. The service fee follows the pricing model that applies to Sesam-Sesam, see clause 8 below.

If the registration number cannot be matched, the information is incomplete or the payment method cannot be charged, the parking may be handled according to the Parking Operator's alternative payment and follow-up routines.

The parking fee is calculated according to rates and rules set by the Parking Operator. Hi Tech administers payment to the Parking Operator through Sesam-Sesam.

After the parking, the transaction overview in Sesam-Sesam shall show the parking area, the relevant entry and exit times, the parking fee and the recipient of the amount.

Hi Tech may charge the Customer a service fee as consideration for the use of Sesam-Sesam. The service fee is separate from the parking fee and accrues to Hi Tech.

If the Customer chooses to pay via Sesam-Sesam, including where the Customer has activated automatic payment for a vehicle in Sesam-Sesam, the Customer accepts that a service fee to Hi Tech may apply.

The service fee is up to 15 per cent of the parking fee. If a service fee is charged, it will be a minimum of NOK 5 and a maximum of NOK 50 per parking, all amounts including value added tax.

No service fee is charged when the parking fee is NOK 0.

The service fee covers, among other things, the operation and availability of Sesam-Sesam, payment administration, the transaction overview, customer service, information security, error correction and further development of the service.

The Customer authorises Hi Tech to initiate or administer charges to the registered payment method for the parking fee that accrues to the Parking Operator, and the service fee that accrues to Hi Tech.

The amounts may appear as two separate charges.

After each parking, the Customer shall be able to see the parking fee, the service fee, the total cost and who receives each amount in the transaction overview or the receipt information. Hi Tech's service fee shall not be presented as part of the Parking Operator's parking price.

If a charge cannot be completed, the outstanding amount may be claimed by other means. The Customer shall be informed of the amount claimed, who the creditor is, the basis for the claim and how payment can be made. Any fees, interest and debt collection costs may be claimed in accordance with applicable law.

Any complaints shall be directed to the party responsible for the matter. Complaints about parking terms, rates, parking time, signage, control or enforcement are directed to the Parking Operator. Complaints about Sesam-Sesam, the service fee, the registered payment method, matching against the user profile or Hi Tech's payment administration are directed to Hi Tech.

Hi Tech may receive a combined enquiry and forward the part that concerns the Parking Operator, but this does not change the respective responsibilities of the parties.

The Customer should notify us without undue delay after an error is discovered. This does not limit statutory time limits for complaints, repayment or limitation. Disputed amounts shall be handled in accordance with applicable law, while undisputed amounts may be claimed.

If Hi Tech is responsible for an incorrect charge, Hi Tech shall correct the error or arrange repayment. Refunds of parking fees are decided by the Parking Operator, unless Hi Tech is authorised to carry out the refund on its behalf.

Information about the processing of personal data is set out in the privacy policy for Sesam-Sesam and in any privacy information from the Parking Operator.

Hi Tech shall provide Sesam-Sesam in accordance with the Agreement and applicable mandatory legislation. Hi Tech shall implement appropriate technical and organisational security measures.

The service may be temporarily unavailable due to necessary maintenance, security incidents, technical faults or circumstances beyond Hi Tech's reasonable control. As far as practically possible, Hi Tech shall provide information about significant service interruptions and limit the consequences for the Customer.

Hi Tech shall ensure necessary updates, including security updates, to the extent this follows from the Agreement and applicable law. The Customer accepts that Sesam-Sesam may be changed, including changes to functionality and performance.

Hi Tech is responsible for the operation of Sesam-Sesam. Hi Tech is not responsible for the parking service itself, the physical condition of the parking facility, signage, control or enforcement.

Hi Tech's liability is limited to what follows from mandatory consumer legislation.

The Customer is liable for losses caused by incorrect information, failure to update a registered vehicle or payment method, or use in breach of the terms.

Hi Tech may restrict or close access in the event of material breach, non-payment, an invalid payment method, documented misuse, suspicion of fraud or a specific security risk. As far as circumstances permit, the Customer shall be notified and given a justification and a reasonable opportunity to remedy the matter.

Immediate suspension may nevertheless take place where this is necessary to protect the Customer, other users, the payment system or the security of the service. Suspension does not release the Customer from payment obligations that have already lawfully arisen.

The Agreement runs from the Customer's acceptance of the Agreement until it is terminated. The Customer may at any time deactivate automatic payment via Sesam-Sesam or by written notice to Hi Tech, or terminate the Agreement by deleting the Sesam-Sesam user profile.

Deactivation of automatic payment and/or termination of the Agreement does not affect the Customer's payment obligations that lawfully arose before the deactivation. Personal data is deleted or retained further in accordance with the Sesam-Sesam privacy policy and applicable law.

Hi Tech may amend this Agreement. In that case, the Customer shall be clearly informed of the changes before they enter into force, and the notice shall describe the change and the date of entry into force, as well as contain any other statutory information.

If the Customer does not wish to use Sesam-Sesam on the new terms, automatic payment can be deactivated and the Agreement terminated free of charge.

Hi Tech may send necessary information about the user profile, vehicles, payments, receipts, operational matters, security, terms and privacy via the app, email, SMS or push notification. The Customer cannot opt out of communication that is necessary to fulfil the Agreement or otherwise for the security of the service.

Marketing shall be kept separate from necessary service communication. The Customer may opt out of marketing and withdraw consent where consent is the legal basis for processing.

The Customer may contact Hi Tech about Sesam-Sesam at support@sesam-sesam.com or by telephone on +47 55 70 52 60. Enquiries about the parking service itself are directed to the Parking Operator stated for the parking area or the transaction.

Disputes shall be sought resolved amicably. Consumers may bring the matter before the competent complaints body under applicable rules. Information about the relevant complaints body and a link to the complaints scheme shall be available on the Sesam-Sesam websites. In the event of court proceedings, the general rules of venue for consumers apply.

The Agreement is governed by Norwegian law.