Scan To Pay
Terms of Service
These Terms of Service (“Terms”)
govern all faculty, staff, students’, and third-party visitors’ (each,
individually, “You” or “User”) access and use of the Scan
to Pay services (“Service”) which are made available by Montclair
State University (the “University”, “We”, or “Our”) in
connection with on-campus parking. By accessing and/or using the Services, you
agree to these Terms.
The Services
Scan to Pay Services made available to
you by the University and operated by NAYAX LLC (together with its company
affiliates and subcontractors, collectively, “Nayax”) and T.I.B.A. LLC, allow
you to pay for your parking services through your supported mobile device, by
scanning a designated QR code which appears on a parking slip or in a prominent
location at our facility. Scanning the QR code leads to a landing page, where
you are prompted to the parking information and payment options to pay for your
parking.
You must be authorized to use any
debit card, credit card or any other payment solution which the Services
support and which you use to pay for the Services. In addition to these Terms,
your remittance of payment remains subject to all terms and conditions of your
card issuer or payment solution provider.
The University may discontinue the
Services, add, remove or change the features, and we may update these Terms from
time to time without prior notice. By using the Service, you expressly agree
and consent to the applicable terms and conditions and the privacy policy
(available on the payment webpage) at the time of use. If you do not accept the
terms and conditions stated here, do not use the Service. We may, in our sole
discretion, refuse to offer our services to any person or entity.
It is your responsibility to ensure
your mobile device meets all the necessary technical specifications to enable
you to access and use of the Services. The University cannot guarantee that the
Services will always function without disruptions, delays or errors. Several
factors may impact the availability and proper functioning of the Services,
such as, your cellular plan, general network availability, and your power
supply. The University assumes no responsibility for any disruption,
interruption or delay to the Services caused by factors beyond its reasonable control.
You are responsible for all fees charged by third parties related to your
access and use of the Services (e.g., charges by internet service providers,
bank or card issuer fees).
End User License Grant
Subject to
these Terms, you are hereby granted a non-exclusive, limited, non-transferable,
non-sublicensable, freely revocable license to use the Service for your
personal use only and as permitted by the features of the Service.
Restrictions and Usage Rules
You agree
not to engage (or assist or enable any third-party to engage) in any of the
following prohibited activities in connection with your use of the Services: (i) copying, distributing, or disclosing any part of the
Service in any medium, including without limitation by any automated or
non-automated “scraping”; (ii) providing false, inaccurate or misleading
information or using any payment details and means that you are not fully
authorize to use; (iii) using any automated system, such as “robots,”
“spiders,” “offline readers,” etc., to access the Service; (iv) taking any
action that imposes, or may impose at unreasonable or disproportionately large
load on the infrastructure of the Services; (v) collecting or harvesting any
personally identifiable information, including account names, from the Service;
(vi) uploading invalid data, viruses, worms, or other software agents through
the Service; (vii) attempting to interfere with, compromise the system
integrity or security or decipher any transmissions to or from the servers
running the Service; (ix) interfering with the proper working of the Service;
(x) impersonating another person or use any payment method which you are not
authorized to use; (xi) accessing any content on the Service through any
technology or means other than those authorized by the Service; (xii) violating
any applicable laws, rules, or regulations; (xiii) violating any University
policies or procedures, or (xiv) bypassing the measures we may use to prevent
or restrict access to the Service, including without limitation features that
prevent or restrict use or copying of any content or enforce limitations on use
of the Service or the content therein. We may, in our sole discretion, refuse
to offer the Services to any person.
Privacy
The Services involve the collection of
certain personal data by Nayax. All personal data processed and collected by Nayax
is handled by Nayax in accordance with its Nayax Privacy Policy, located at https://www.nayax.com/legal/nayax-general-privacy-policy/ (the “Privacy Policy”), which
constitutes an integral part of these Terms by way of reference, and by using
or accessing the Services, you agree
to be bound by its terms and conditions.
Unless the context otherwise requires, all reference herein to these Terms
shall also include the Privacy Policy.
Intellectual Property Ownership
As between the University and you,
it is agreed and understood that all rights in the Services and its materials
(including, but not limited to, designs, graphics, texts, information, UX/UI,
video, sound, and other files, and their selection and arrangement)
(collectively, "Materials") are retained by the University.
You shall not, nor shall you cause any other party to modify, decompile,
disassemble, reverse engineer, copy, transfer, create derivative works from,
rent, sub-license, distribute, reproduce framed, republish, scrape, download,
display, transmit, post, lease or sell in any form or by any means, in whole or
in part, use for any purpose other than for using the Services pursuant to
these Terms or otherwise exploit any of the Materials without the University’s
explicit, prior written consent. All other uses of copyrighted or trademark
material, including any derivative use, require explicit, prior written consent
from the University. Any reproduction or redistribution of materials not in
accordance with these Terms is explicitly prohibited and may result in civil action
and criminal penalties. Nayax and/or University and/or its licensors and
affiliates own all right, title, and interest, including copyrights and other
intellectual property rights, in and to all the Materials.
Liability
THE
SERVICES ARE MADE AVAILABLE TO YOU, SUBJECT TO THE NEW JERSEY TORT CLAIMS ACT, N.J.S.A
59:1-1, ET SEQ., AND/OR THE NEW JERSEY CONTRACTUAL LIABILITY ACT, N.J.S.A.
59:13-1, ET SEQ.
The security of information and
payments transmitted via the Internet cannot be guaranteed. In no event shall
any such losses therefrom be borne, in whole or part, by the University.
You agree to defend, indemnify and
hold the University, the State of New Jersey, and the New Jersey Educational Facilities
Authority (“NJEFA”) harmless from any claim, demand (including reasonable attorneys’
fees), fine, or other liability incurred by any third party due to or arising
out of your breach of these Terms.
Notices
The University may provide notifications, whether
such notifications are required by law or other business-related purposes, to
you via text, or through posting of such notice on the University’s website, as
determined by the University. The University reserves the right to determine
the form and means of providing notifications to the users of the Services, however,
that you may opt out of certain means of notification as described in these Terms.
The University is not responsible for any automatic filtering you or your
network provider may apply to notifications we send to the contact information
that you provide us.
Miscellaneous
The Scan to
Pay Services are made available and supported by our service provider, Nayax.
These Terms,
and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by the University at its discretion. Any
attempted transfer or assignment in violation hereof shall be null and void.
These Terms, as may be updated from time to time constitute
the entire agreement between you and the University concerning the Service. It
is clarified that these rules are intended to supplement all terms and
conditions which are otherwise applicable to you in connection with your use of
the University’s facilities and/or equipment and all such terms and conditions
shall remain in full force and effect.
If any provision of these Terms is deemed invalid by
a court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms, which shall
remain in full force and effect.
By
using the Services, you agree that the laws of New Jersey
will govern these Terms, without regard to principles of conflict of laws thereof.
Any claim or dispute between you and the University that arises in whole or in part from your use
of the Services shall be resolved exclusively by a court of competent
jurisdiction located in New
Jersey.
For any questions about these Terms or any other issue regarding the Scan
to Pay Services, please contact us at: parking@montclair.edu or 973-655-7580.
Last update: December
17, 2025.