ePARK – terms and regulations

1. DEFINITIONS

Service Provider – Electronic Parking Poland Sp. z o.o. with headquarters in Łódź, Piotrkowska 33, 90-410 Łódź entered into the National Court Register of Entrepreneurs’ kept by the District Court for Łódź Śródmieście in Łódź, 20th Department of the National Court Register under number 545065, NIP 7252083041, REGON 360849133.

User – person who is at least 18 years of age and has at least limited legal capacity, as well as a legal person or an organizational unit without legal personality, which uses the Service provided electronically by the Service Provider.

Service – an ITC system that allows paying for parking in Paid Parking Zones and on private car parks available in the Service.

The ePARK application – a mobile application for phones with the Android or iOS operating system belonging to the Service Provider, placed at the address www.electronicparking.pl, under which the Service Provider provides Services.

Electronic address – designation of an ICT system enabling communication via electronic means of communication, in particular electronic mail.

Registration form – a form filled in by the User when registering on the Website.

ICT system – a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of the Telecommunications Law. Electronic service provision – performance of a service which is performed by sending and receiving data by means of teleinformation systems, at the individual request of the User, without the simultaneous presence of the parties, these data being transmitted via public networks within the meaning of the Telecommunications Law.

Payment System Operator – an entity selected by the Service Provider that provides services related to the delivery, maintenance and servicing of credit card payments as part of online banking.

Electronic communication means – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, and in particular electronic mail.

Regulations – these Regulations.

2. GENERAL REGULATIONS

1. These Regulations specify:

a. the rights and obligations of the Service Provider and Users related to the provision of Services by electronic means;

b. rules for excluding the Service Provider’s liability for providing the Services electronically;

c. the principles of protection of personal data of individuals using the Services provided electronically.

2. The Service Provider shall make the Regulations available to the Users free of charge before concluding the contract for the provision of Services, and also – at their request – in a manner that allows obtaining, reproducing and recording the content of the Regulations using the ICT system used by the User. The User is not bound by these provisions of the Regulations, which have not been made available to him in the manner described above.

3. The Service Provider provides the Services electronically in accordance with the Regulations.

4. The User is obliged to comply with the provisions of the Regulations from the commencement of the provision of the Services.

3. REGISTRATION

1. The provision of the Services shall take place when the User correctly completes all necessary fields of the form placed in the application.

2. The User, by sending a registration form, declares that:

a. the data provided therein is complete and consistent with the facts;

b. is entitled to conclude an agreement for the provision of electronic services;

c. data provided by him does not violate any rights of third parties;

d. he has read the Regulations and undertakes to comply with them.

4. USER ACCOUNT

1. The User providing the email address and vehicle registration number in the Application declares that he does not violate the rights of third parties in this way. The User bears sole responsibility for the correctness of the entered data, and all disputes against this background are resolved without the participation of the Service Provider.

2. The Service Provider may refuse to create an account with a specific email address or registration number and the account already created may be deleted at any time if it is already used as part of the Service or if the Service Provider has reasonable, reliable information that it is against the law, morality and good practices, violates the personal rights of third parties or legitimate interests of the Service Provider. The Service Provider will inform the User about the refusal to create an account within 24 hours of making a decision in this matter.

3. The User gains access to the account by means of a unique identifier and access password (email address and PIN code he has assigned). The User is obliged not to disclose to any third party an ID or password and bears sole responsibility for damages caused as a result of their disclosure.

5. CONDITIONS FOR PROVIDING SERVICES BY THE SERVICE PROVIDER

1. In order to use the Service, the User must have a valid payment card entitling him to make payments via the Internet. After entering the payment card number and its validity date, the card is authorized. After successful authorization, the User is entitled to start calculating the parking time using the ePARK Application

2. The commencement of paid parking follows the correct completion of the form in the Application and is confirmed by an appropriate message displayed on the Application screen

3. The end of paid parking takes place after an individual indication by the User or as a result of the expiry of the validity of the purchased ticket.

4. In the event of leaving the vehicle in the Paid Parking Zone, paid parking starts automatically every next day, covered by the obligation to pay parking fees, provided that the User orders parking after the hour when parking fees in a given Paid Parking Zone cease to exist.

6. PAYMENTS

1. Electronic payments:

a. payments through the Service may only be made by persons authorized to use a given payment instrument, on the basis of which the payment is made, in particular a given payment card may be used only by its authorized holder. Fraud detected by the Service Provider will be reported directly to the competent law enforcement authorities;

b. the Service Provider provides a transaction form provided by the Payment System Operator; data from the form are automatically transferred to the Payment System Operator through the ePARK Application;

c. in order to make payments for the Service, the User must register a payment card in the Service;

d. in order to make the first payment for the Service, the User should make a payment on the Website of the Payment System Operator in accordance with the rules set by that Operator.

2. All electronic payments are made in accordance with the applicable regulations of the Payment System Operator, and the Service Provider is not responsible for their correctness of liability.

3. Rates of fees for the use of paid parking through the Service are established by the Paid Parking Zone operator and are identical to the rates of fees paid through other channels and tools authorized by the Paid Parking Zone operator.

4. The Payment System Operator reserves the right to refuse to handle payments made by the User, in particular in the event of doubts as to the legality of the transaction for which payment or the legality of the payment itself takes place. Due to the above reasons, the Service Provider may refuse payment.

5. The Payment System Operator shall not be liable for delays in transferring payments or authorization responses, caused by reasons arising after the User submits a payment order, as well as for failure to perform and delay in transferring due funds or data verification, in particular due to incorrect or incomplete reporting by the User data that prevent the execution of payment transactions, as well as delays resulting from other events independent of the Service Provider or the Payment System Operator.

7. TECHNICAL REQUIREMENTS FOR THE PROVISION OF THE SERVICE

The technical requirements necessary to cooperate with the ICT system used by the Service Provider are as follows:

a. having and providing an e-mail address, vehicle registration number that allows sending information regarding the service implementation;

b. connection to the Internet;

c. the right application;

d. possession and registration of the appropriate payment card in the Application.

8. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

1. The Service Provider undertakes to provide the Services on a continuous and uninterrupted basis.

2. The Service Provider reserves the right to:

a. temporary cessation of the Services due to maintenance or modification of the Website;

b. sending technical messages related to the functioning of the Services to the Users electronic addresses;

c. cease to provide services and delete the User’s account in the event of failure to comply with the Regulations or in the event that the effective provision of services is impossible due to the User’s fault.

3. The Service Provider does not allow to copy, modify, distribute, transmit or otherwise use any works made available on the Website, except to use them within the scope of fair use.

9. RESPONSIBILITY

1. A Service Provider that has received an official notification or credible information about the unlawful nature of stored data provided by the User and prevented access to such data shall not be liable to that User for damage resulting from disabling access to such data if he immediately notified the User that he intends to prevent access to this data.

2. The Service Provider shall not be liable for any damages resulting from the cessation of the provision of the Services, if this is a consequence of the inability to effectively perform the services due to the User’s fault. The Service Provider is also not liable for damages resulting from ceasing to provide services and deleting the User’s account violating the Regulations.

3. The Service Provider is not responsible for:

a. any damage caused to third parties arising from the use of the Services by Users in a manner inconsistent with the Regulations or the law;

b. information and materials downloaded and sent via the Internet by Users;

c. loss of data by the User caused by external factors (eg software failure) or other circumstances beyond the Service Provider’s control (third party operation);

d. damages resulting from the lack of continuity in providing the Services;

e. providing Users with untrue or incomplete information when registering an account or using the Services;

f. non-compliance by the User with the terms of the Regulations.

10. PRIVACY POLICY

1. The Service Provider shall process the email address and registration number of the User’s vehicle only for the proper performance of the Services specified in these Regulations, using for this purpose the necessary personal data, which shall be specified in the registration form available to the User, in accordance with the Act of 18 July 2002. on the provision of electronic services (uniform text: Journal of Laws of 2013 No. 0, item 1422).

2. User’s personal data are processed in accordance with the security rules required by the Regulation of the European Parliament and the EU Council 2016/679 of 24/04/2016.

3. The Service Provider defines the data that is necessary to provide the Service. Providing data (email address and vehicle registration number is a contractual condition and failure to provide such data results in inability to provide the Service.) The Service Provider may process other data than personal data that are not necessary to provide the service only with the User’s prior consent, after notification by the Service Provider which data and what purpose and scope of their processing and data recipients. Such consent may be withdrawn at any time.

4. The Service Provider is in possession of the Users’ IP addresses, stored by the Service Provider for the duration of the Service and information on the start, end and use of the service provided electronically.

5. The Service Provider may also process the following data characterizing the manner in which the User uses the service provided electronically (operational data):

a. signs identifying the end of the telecommunications network or IT system used by the User;

b. information on the beginning, ending and scope of each use of the service provided electronically;

c. information on the User’s use of services provided electronically.

6. The Service Provider is the administrator of personal data in the meaning of the provisions of GDPR.

7. Users’ personal data will not be transferred to third parties.

8. The Service Provider attaches great importance to keeping Users’ privacy and protecting their personal data. The Service Provider, as the data controller, takes care of the security of personal data provided by Users. These data are particularly protected and protected against access by unauthorized persons. The Service Provider provides Users with the implementation of rights resulting from the provisions of the GDPR, in particular the right to inspect their own data, the right to request data updates, the right to raise objections, delete data and transfer data in cases specified in the provisions of this Act, regardless of the basis of processing.

9. Users’ personal data may be used by the Service Provider for marketing purposes, in particular for sending, placing and receiving Commercial Information coming from the Service Provider electronically, only after consenting to such processing by the User.

10. In the case of personal data processed by the Service Provider, the User may request the Service Provider to cease the processing of his personal data. Such request shall be taken into account by the Service Provider immediately.

11. Users’ personal data are made available to the company Electronic Parking AB based in Sweden for the proper provision of the service and only in the necessary for this purpose. Electronic Parking AB does not process Users’ personal data for any other purpose.

11. USER’S CONSENT

In accordance with the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2013 No. 0, item 1422,) if such option is chosen in the Application, the User agrees to receive as part of a website operated by Electronic Parking Poland Sp. z o.o., based in Łódź, at ul. Piotrkowska 33 to the e-mail address originally provided in the registration form to the Website or subsequently updated during the use of the Website, commercial information from the Service Provider. Such consent may be withdrawn at any time in the same way as it was expressed.

12. COMPLAINT PROCEDURE

1. Users have the right to complain to the Service Provider regarding matters related to the Services.

2. Complaints regarding the Services are considered by the Service Provider.

3. Complaints should be submitted to the email address: kontakt@electronicparking.pl by entering the subject of the message: „Complaint”

4. The Service Provider will make every effort to resolve complaints within 14 days of their receipt from the User. The User shall immediately notify the User of his decision made as a result of the complaint consideration via email to the email address provided in the complaint.

13. FINAL REGULATIONS

1. The Regulations enter into force on the day of announcement.

2. The Service Provider has the right to unilaterally amend the Regulations. Amendments to the Regulations come into force after 7 days from placing the amended Regulations on the Website.

3. The Service Provider informs about the change of the Regulations by placing the appropriate information on the login page. In this case, the User has the right to terminate the contract for the provision of electronic services immediately after receiving information about the change in the Regulations. If, despite the information about the amendment to the Regulations, it will log in, it is assumed that it has accepted the amended Regulations.

4. In matters not covered by the Regulations, the provisions of the Act on Electronic Services, the Act on the Protection of Personal Data, the Civil Code and other mandatory provisions of Polish law shall apply.