General Terms and Conditions of Purchase and License Agreement - ClickPark
(hereinafter referred to as “GTC”)
READ THIS GTC CAREFULLY BEFORE YOU USE THE CLICKPARK APPLICATION OR GAIN ACCESS TO IT. WHO DISAGREE WITH THE GTC, CANNOT USE THE CLICKPARK APPLICATION AND GAIN ACCESS TO IT.
- The GTC regulates legal relations between the company City Parking Group s.r.o. with a registered address at Malešická 2679/49, Žižkov, 130 00 Prague 3, TIN: 28968506, VAT Identification No.: CZ28968506, registered in the Commercial Register: Municipal Court in Prague, Section C, File 156630 (hereinafter referred to as the “Operator”) and someone who uses ClickPark application available on www.clickpark.cz or www.clickpark.sk or through ClickPark application.
- The ClickPark application allows making payments for some services offered by partners of the Operator, which includes, in particular, provision of a short-term parking space for parking (hereinafter referred to as “Services”).
- For the purpose of the GTC, any entity whose Services can be paid via the ClickPark application (hereinafter referred to as the “Service Provider”) is considered the business partner of the Operator.
- Anyone interested in using the ClickPark application for their payments is required to register at www.clickpark.cz or www.clickpark.sk or through ClickPark application, and to create a user account.
- Those who register themselves properly and create their account (hereinafter referred to as “Registration”) are referred to as “Registered Person”.
- The GTC shall not regulate any legal relations between the Service Provider and the cardholder. The Registration shall not create any legal relation between the Operator and the Registered Person by ordering or paying for the Services provided by the Service Provider. The Operator shall be not responsible for providing the Services. The Registered Person shall not close any Agreement regarding the provision of Services by the Registration. The legal relation between the Registered Person and the Service Provider shall be governed by the appropriate arrangements between the Registered Person and the Service Provider, the General Terms and Conditions of the Service Provider and legal regulations.
- Registered Person is registered via an electronic form on the Operator’s website www.clickpark.cz or www.clickpark.sk or in the ClickPark application. Registration shall be deemed acceptance of the GTC by the Registered Person.
- To create an Account, the Registered Person shall provide following information to the Provider and Service Provider:
- Name and surname;
- Cell phone number;
- Credit card number;
- By Registration, the Registered Person agrees that payments for Services provided by the ClickPark application shall be initialised by the Operator.
- Only those who have reached the age of 18 years or have full legal capacity can get registered.
- Providing the above-stated information shall primarily facilitate payments of the Services price.
- To authorise a payment card, the Registered Person agrees that an amount of CZK 1.0 or € 0.2 or its equivalent shall be deducted from the card. This amount shall be subsequently returned to the Registered Person.
- Upon authorisation of the payment card, the Operator shall register it, and the Registered Person is then entitled to pay for the ClickPark application Services. By paying through the ClickPark application, the Registered Person orders the Operator to charge the payment to the particular Service Provider.
- The Operator shall not be obliged to make a payment card registration.
- The Operator is not responsible for the compatibility of payment card of the Registered Person and the ClickPark application.
- At any time, the Registered Person may terminate the Registration with a 30-day notice, commencing on the first day of the month following the receipt of the notice. Written notice regarding termination of the Registration shall be sent by the Registered Person as a registered mail with delivery to the Operator’s address.
- In the case of natural persons, the Registered Person is a consumer who, when concluding and performing the Agreement, does not act in the course of their business, employment or occupation.
- Protection of consumer rights is supervised by the Czech Trade Inspection, Štěpánská 567/15, 120 00 Prague 2.
- Registered Person shall keep their username and password to the account permanently secure and confidential. If the Operator does not provide a written authorisation, each user may own only one account.
- Access to and use of the Operator’s services and the ClickPark application shall be deemed acceptance of the GTC by the Registered Person.
- Registered Person agrees to maintain their provided data accurate, complete, and up-to-date when using ClickPark. Otherwise, the Operator is entitled to restrict or even cancel the access to the ClickPark application.
- The ClickPark application cannot be used by individuals under 18 years of age. The Registered Person shall not give permission to other parties to use their account. The account cannot be transmitted or otherwise transferred to any other person or party.
- The Registered Person is responsible for gaining access to the data network needed for the ClickPark application.
- If the Registered Person uses the ClickPark application on a device connected to a wireless network, they are aware that they may be charged for the use of the mobile data network and sending the text messages; the Registered Person is responsible for payments of these services.
- The Registered Person is responsible for acquiring and updating the compatible hardware or devices that are necessary for the functionality of the ClickPark application, and for their proper functionality.
- The Registered Person acknowledges that the use of the Services may result in the obligation to pay the relevant fees. Payment of fees made by the ClickPark application shall be considered the same as the payment made directly to the given Service Provider. Fees shall include applicable taxes according to the law. The paid fees are final and irreversible unless the Operator specifies otherwise.
- All fees are payable immediately, and the respective payment shall be arranged by the Operator through the payment channel specified in the account of the Registered Person.
- In accordance with Act No. 101/2000 Coll., On the Protection of Personal Data (hereinafter referred to as the “Personal Data Protection Act”), the Registered Person give their consent to the Operator by Registration to the provision, collection and processing of all their personal data provided at Registration and subsequently input into the ClickPark application (hereinafter referred to as “Personal Data”), as well as to the processing of other non-personal data provided by them for the purposes of Registration, payment card registration, payments of the Services; as well as for the purposes of contacting and sending information, including using electronic means such as e-mail, SMS, telemarketing. This consent to the Personal Data processing for the purposes stated in the previous sentence is given by the Registered Person to the Operator until such consent is revoked. The Registered Person has the right to withdraw it at any time by sending a written notice of its withdrawal to the address of the Operator’s registered office.
- The Operator is entitled to provide Personal Data to the processor of claims or the insurance company, together with all necessary information in the event of a complaint, dispute or conflict if such information or data are required to resolve the complaint, dispute or conflict.
- The Registered Person declares that he/she is the right holder of a registered payment card or is authorised to perform the Registration and that the information provided at the Registration is valid. In the event that the Operator would process incorrect personal data or if the Registered Person had any doubts about the violation of the Personal Data Protection Act in connection with the Personal Data processing, they are entitled to ask the Operator for an explanation and to require the Operator to remedy the defective condition; they have the right to request blocking of inaccurate or incomplete Personal Data, its correction, completion or cancellation of the Personal Data in accordance with the Personal Data Protection Act.
- If anyone suspects that their Personal Data is being misused, they may contact the Office for Personal Data Protection.
- The Registered Person agrees that the e-mail address provided to the Operator may be used for direct marketing, i.e. for sending business messages of the Operator and its business partners. In case that the Registered Person does not wish to receive such communications, they may refuse to receive such communication at any time by sending an email containing their disagreement with the business communications sending to the address email@example.com
License agreement and other performance
- All services provided by the Provider according to the GTC and in connection with the ClickPark application are provided as they are with all errors and only when available.
- Provided that the Registered Person complies with the GTC, the Operator grants them a limited, non-exclusive license (hereinafter referred to as the “License”) without the possibility of further sublicensing for the following activities: access to the ClickPark application, its use in a personal device belonging to the Registered Person exclusively in connection with the use of the Operator’s services and Services, and access to any content, information, and related materials that may be provided under the Operator’s services and Services. Any rights not expressly granted herein are reserved to the Operator.
- The License entitles the use of the ClickPark application exclusively for personal non-commercial use.
- The Registered Person shall not remove any information about the copyright, trademark or intellectual property of the Operator in the ClickPark application; distribute, edit, disseminate, license, lease, sell, re-sell, transfer, publicly display, publicly present, transmit, stream, broadcast the ClickPark application, or otherwise exploit it in any other way than expressly permitted by the Operator or create derivative works thereof; decompile, reverse analyse, or decompose the ClickPark application; attempt to gain unauthorised access to the Operator’s services or to the Services and related systems or networks; or to damage any aspects of such services and related systems or networks.
- The Operator is entitled to terminate the License at any time and to prevent access to the ClickPark application to the Registered Person, for example, in the case of a serious breach of the GTC by the Registered Person.
- The Operator may at any time terminate operation of the ClickPark application.
- The Operator may at any time suspend the operation of the ClickPark application, for example, due to maintenance and repairs of the system or technical devices for its operation.
- The Registered Person agrees that any risks arising from the use of the ClickPark application and the Services are solely their responsibility to the maximum extent permitted by applicable legal provisions.
- The Operator disclaims all affirmations and warranties, whether explicit, implied or legal that are not expressly stated in the GTC. The Operator shall not and does not make any affirmations, warranties or obligations regarding the reliability, timeliness, quality, functionality, suitability or availability of its services or any services requested through the ClickPark application, or guarantees that the services shall be provided on a continuous or flawless basis. The Operator shall not guarantee the quality, suitability, safety or availability of the Services.
- The Operator shall not be liable for any loss or damage, including lost profits, loss of data, personal injury or damage to the property in connection with the use of the ClickPark application or the Services. The Operator shall not be liable for the delay or non-performance of the operation due to causes not under its reasonable control.
- The ClickPark application services can be affected by malfunctions and delays that are the natural consequence of using the Internet and electronic communications.
- The Operator shall not be responsible for any costs incurred by the cardholder in connection with the use of the ClickPark application functionalities.
- The Operator shall be responsible for the operation of the ClickPark application only to the interface of its devices, which usually represents the wireless access point or another device, which is used by the Registered Person for their connection.
- A Registered Person who considers that the Operator has breached their rights or requests remedy of any possible misconduct of the Operator, has the right to contact the Operator via e-mail firstname.lastname@example.org or in writing to the Operator’s registered office. If the Operator refuses to respond to this request or does not respond within 30 days of its delivery, the Registered Person, who is also a consumer, is entitled to make a proposal to open an alternative dispute solution to an ADR entity under Act No. 634/1992 Coll., the Consumer Protection Act, i.e. to the competent financial arbitrator – with an extended competence for all financial disputes, and all other areas that fall under the competence of the Czech Trade Inspection Authority (CTI) or another authorised entity.
- When visiting the website and using the ClickPark application, some information may be saved within the software of the Registered Person as a “cookie”. Cookies are data, typically small text files that the websites store in the device of the Registered Person, and, thus, they retain some of the information and settings they use to view the websites.
- Cookies allow the websites to function in the way the Registered Person is accustomed. For example, cookies allow customisation of websites to better fit the interests and preferences of the Registered Person or to save their password so that it does not need to be re-entered every time the website or the ClickPark application is visited.
- The Registered Person agrees to the collection of Data as well as Personal Data through the cookies.
- GTC, as well as rights and obligations of the License or other provisions arising from the use of the ClickPark application, are governed by the laws of the Czech Republic.
- GTC are binding as of the date of their publication on the Operator’s website www.clickpark.cz or www.clickpark.sk. Registered Person is bound by the GTC as of the date of the Registration.
- The Operator is entitled to change the GTC at any time unilaterally by publishing the new GTC version on the Operator's website, and the Registered Person agrees to that solution. Access to the Operator’s services and use of the ClickPark application after publishing the changes shall be deemed acceptance of the modified GTC by the Registered Person.
- The Registered Person agrees that the Operator may assign or transfer its rights and obligations from the GBC, as well as from the License or use of the ClickPark application, as a whole or in part, to a third party.
In Prague, on May 4th, 2017