REGULATIONS OF THE E-PARKUJ.PL WEBSITE AND THE OCTOPARK.IO APPLICATION

DEFINITIONS

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Application

Application, software that enables the use of the Service and the Website. The software consists of a server part, running on the Service Provider's servers, and a User part, running in the Service user's web browser. Available for mobile devices. 

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User Account

An electronic data model object representing an individual User on the Service and/or Application. To begin using the Service, the User must create an Account on the Platform by completing an electronic Registration Form.

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Form/Registration Form

Means the form provided by the Service Provider on the Website and/or the Application, which the User wishing to use the Website and/or the Application must complete and submit to the Service Provider in order to join the Service and create a User Account. The Registration Form is available on the Site and through the Application. 

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Privacy Policy

document governing the security of privacy and the processing of Users' personal data The Privacy Policy supplements these Terms and Conditions and is available here by clicking here

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Regulations

these Regulations for Performance of Contracts and Provision of Electronic Services within the meaning of the Act of July 18, 2002 on Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204); sets forth the rules for the provision of services through the Site and Application, as well as other domains, indicating the various parts of this Site and Application.

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Internet Service, Service

Internet service available on the World Wide Web at the main address www.octopark.io, allowing access to the Services.

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Platform

Means the system by which the Service and the Applications, which may be used by the User, are jointly referred to.

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Service Provider/Intelligent Cities Ltd.

Inteligentne Miasta spółka z ograniczoną odpowiedzialnością, based in Kielce, al. Na Stadion 50, 25-127 Kielce, registered in the National Court Register by the District Court Lublin- East in Lublin, based in Świdnik, VI Economic Department of the National Court Register, under KRS: 811520, NIP: 7162827733, REGON:38474564.

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Contract

agreement concluded between the Service Provider and the User concerning the provision of Services on the Platform under the terms and conditions described in these Regulations.

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Service

the service performed by the Service Provider for the User, consisting of providing the functionality of the Platform electronically, ensuring the smooth operation of the Platform and storing, processing and securing the data entered by the User on the Platform.

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Parking Service

The service provided to the User by Collaborating Parking Facilities, from which the User directly purchases or reserves parking spaces using the Platform, allows the User to use the Collaborating Parking Facility and its Range of Functionality. The Collaborating Car Parks offer the performance of Parking Services in the form of a Vehicle Storage Agreement (hereinafter "Vehicle Storage Agreement"), or in the form of a Parking Space Rental Agreement (hereinafter "Parking Space Rental Agreement"), depending on whether a given parking lot is a guarded parking lot or an unguarded parking lot, in accordance with the Internal Regulations of the Collaborating Car Park.

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User

User - any natural person who has the Application installed on his/her Mobile Device and who has entered into or may, in accordance with the Terms and Conditions, enter into an Agreement with the Service Provider.

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Cooperating/Cooperating Car Parks

Parking lots whose owners, lessors or lessors-entities that have rights to manage parking lots, use the OctoPark.io system belonging to the Service Provider, including providing all information about their operation, provide their Regulations of Cooperating Parking lots, provide Parking Services directly to the User. As well as other parking lots about which information is publicly available.

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Rules and Regulations for Cooperative Parking

Regulations for the provision of Parking Services by individual Cooperating Parking Facilities that have such regulations. 

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1. PRELIMINARY PROVISIONS

1. These Regulations set forth the general conditions for the use of the Services provided by the Service Provider.
2. These Terms and Conditions are made available in the Application and on the Website free of charge to each User prior to the conclusion of the Agreement, and also - at the User's request - in such a way that allows the content of the Terms and Conditions to be acquired, reproduced and recorded by means of the information and communication system used by the User.
3. The User may use the Services only after reading and accepting the contents of the Terms and Conditions and Privacy Policy. If the User does not accept the Terms and Conditions or the Privacy Policy, he/she may not use the Services of the Application and/or the Website. With respect to the User, he/she shall be deemed to have accepted the Terms and Conditions and the Privacy Policy unreservedly, in accordance with the terms of these Terms and Conditions, when he/she begins using the Services through the User Account. 
4. The Service Provider reserves the right to modify the Terms and Conditions of Service, which will be announced each time on the Website.
5. The Privacy Policy, available [here], supplements the Terms and Conditions.
6. These Regulations apply to the Services of mediating the User's use of the Parking Services (hereinafter "Regulations") and have been prepared in accordance with Article 8 (1) (1) of the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws of 2013, item 1422) and specify: 

1. terms and conditions under which Users use the Application and/or the Website, including the Parking Service at the Service Provider's Collaborative Parking Facilities;
2. The Service Provider declares that it is the owner of the Application operating under the name OctoPark.io and the Website under the domain www.octopark.io.

1. The Service and/or the Application and its components, including design and content, are protected by copyright and/or other intellectual property rights. These elements may not be distributed or published, in part or in whole, without the consent of the Service Provider. In particular, the Terms and Conditions do not allow the reproduction, distribution, lending, sale and any other manner of direct and indirect redistribution, whether paid or unpaid, of the elements of the Site and/or the Application bypassing the Service Provider and without its written consent. The indicated rights belong exclusively to the Service Provider. All source codes of the Application are the property of the Service Provider. 
2. It is forbidden to provide unlawful content and use the Services in a manner contrary to the provisions of the Regulations, applicable laws, good morals and rules of social intercourse. 

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2. USER

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1. Subject to the paragraphs below, the User may be (1) natural persons who are at least 18 years old and have full legal capacity; (2) legal persons; or (3) organizational units without legal personality, which are granted legal capacity by law; - using or intending to use the Electronic Services available on the Website.
2. You are responsible for your actions taken on your User Account. 

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3. INSTALLATION AND USE OF THE APPLICATION AND/OR SERVICE

1. The app can be downloaded and installed on a mobile device from the online store: AppStore (for iOS) and Google Play (for Android).
2. At the moment of downloading and installing the Application on the User's mobile device, the User enters into an agreement with the Service Provider for the provision of electronic services in the use of the Application, particularly the Services provided by the Platform developed by the Service Provider to the extent relevant to the functionality of the Application. If the User is found to be engaging in activities prohibited by law or the Regulations, or violating the rules of social coexistence or harming the legitimate interests of the Service Provider, in particular its good name, the Service Provider may take any action permitted by law, including restricting the User's ability to use the Application and/or the Website and the Services provided through it, as well as terminate the agreement for the provision of electronic services.
3. Users are obliged to use the Application and/or the Service in a manner consistent with the applicable law, the Regulations and the Regulations of the Cooperating Car Parks, as well as the rules of social coexistence, including the general rules of use of the Internet and mobile applications.

4. TECHNICAL REQUIREMENTS

1. The Service Provider shall allow the User to use the Application on a mobile device that meets the following technical requirements in terms of operating system:

1. for the version of the Application downloaded from the AppStore - iOS version ..... (or later)
2. For the version of the Application downloaded from the Google Play store - Android version ..... (or later).

1. In order to launch and properly operate the Application, it is necessary to activate the functions of the Device:

1. An active Internet connection that allows for proper display of the interface of the Site and/or the Application,
2. GPS location.

3. The Operator shall ensure the operation of the Application subject to the requirements and technical conditions described in this paragraph only if the Application is downloaded and installed from a legal source, i.e. from the stores indicated in Clause 4.1.
4. The satellite location system and the telecommunications network data transmission service, which enable the use of certain features of the Application, are not services provided by the Service Provider (including not a component of the Application) and are provided by third parties other than the Service Provider.

5. GENERAL TERMS AND CONDITIONS OF SERVICE

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1. The use of the Platform is free of charge, subject to possible data transmission costs, which result from agreements concluded by the User with telecommunications operators or other Internet providers and the scope of such data transmission. The User may bear the costs of individual Services provided through the Website and/or the Application in the manner and according to the terms and conditions indicated in the Regulations of Cooperating Parking Facilities - parking fee.
2. The use of the Website and/or the Application is tantamount to the User's reading and acceptance of the Rules and Regulations, as well as the rules applicable to the Collaborative Parking Lot and automatic acceptance of the Rules and Regulations of the Collaborative Parking Lot, whose Parking Services the User intends to ultimately use, if such Rules and Regulations are in effect at the Collaborative Parking Lot. The User confirms by checking the appropriate boxes when using the Parking Services through the Site and/or the Application.
3. The Service Provider declares that is not the owner or operator of the Collaborative Parking lots where Users can use the Parking Services.
4. The Service Provider only plays the role of an intermediary enabling the entities operating the Collaborating Car Parks to submit to the Users, via the Platform, offers for the sale of Parking Services at the Collaborating Car Parks operated by the Collaborating Car Parks, and for the Users to use the Parking Services at the Collaborating Car Parks, while the conclusion of relevant agreements for the performance of Parking Services takes place between the Users responding to the offer and the entities operating the respective Collaborating Car Parks. 
5. Collaborative Parking Facilities offer to provide Parking Services in the form of a vehicle storage agreement (hereinafter "Vehicle Storage Agreement"), or in the form of a parking space rental agreement (hereinafter "Parking Space Rental Agreement"), depending on whether the parking lot is a secured parking lot or an unguarded parking lot, in accordance with the generally accepted rules and practices of the Collaborative Parking Facility or the internal Rules and Regulations of the Collaborative Parking Facility, if such rules and regulations are in effect at the Collaborative Parking Facility. 
6. The aforementioned agreements shall be concluded by the User's acceptance of the offer to conclude them made via the Platform, through the use of the Application and/or the Service by the Collaborative Parking entity upon the User's use of the Parking Service, in accordance with the terms and conditions set forth in Section 6 of the Regulations (,,Method of operation of the Application and/or the Service") and Section 7 of the Regulations (,,Account and Agreement").
7. The User's use of the Service via the Website and/or the Application is free of charge. However, the User is required to pay a fee for the Parking Service to the operator of the parking lot - Collaborative Parking, which is a separate and independent service from the Service Provider's intermediary service for the use of the Parking Service, but is performed through the use of the Application and/or the use of the Site.

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6. ACCOUNT AND AGREEMENT

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1. In order to use the Services, the User must have an active Account. For this purpose, he/she completes the registration procedure through the Service and/or the Application.
2. Upon registration of the Account between the Service Provider and the User, an Agreement for the use of the Application and/or the Website is concluded for an indefinite period of time, provided that the User has met the conditions indicated in Section. 2 of the Regulations.
3. You are responsible for what happens in and through your Account (unless your Account has been hacked by a third party). Therefore, you may not share your Account with any third party and you are responsible for keeping your login and password confidential. If the User notices that someone unauthorized is using or has used his/her Account, he/she is obliged to inform the Service Provider immediately. The Account is also non-transferable.
4. The contract for the provision of Services is concluded for an indefinite period of time. It may be terminated at any time at the will of the User by removing the application from the mobile device.
5. The Service Provider may terminate the Agreement concluded with the User in case of the User's non-compliance with the rules of these Regulations or violation of generally applicable laws and norms. The Service Provider shall remove the User's Account from the system in case of violations by informing the User in an e-mail. The Service Provider reserves the right to terminate or suspend the contract with the User without giving reasons.

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7. PAYMENTS

1. The use of the Services of the Application and/or the Website is free of charge for Users, in accordance with Section 5.1 of the Terms and Conditions.
2. All payments resulting from the User's use of the Parking Services within the Application and/or the Site shall be made through a Payment Provider, in accordance with the internal regulations and rules of payment execution according to the Regulations of the Cooperating Car Parks. The User has a choice of default payment method, which he selects when registering for the Account:

1. Prepaid (obligation to fund your Account, e.g., by wire transfer)
2. Payment card (fills in the details of the payment card that will be charged for parking payment)
3. fast transfer
4. Implementation of payment for Parking Services after the use of the Collaborative Parking is by clicking on the Pay icon along with information on how the payment is made, according to the mode selected by the User, during the registration of the Account.
5. If the User declared that he/she wishes to receive an invoice in accordance with the section ..... the invoice will be sent automatically to the User's e-mail address provided during registration.
6. In the situation where the User uses the Parking Service via the Website and/or the Application, payment for the Parking Service is made in full via ........7
7. The Service Provider informs the Users that the payment for the provided Parking Services varies at individual Collaborating Car Parks, and the amount depends, among other things, on the chosen parking lot, the term and duration of the Parking Service, as well as the standard of Parking Service provision and additional services offered by a given Collaborating Car Park and in accordance with the Regulations of the Collaborating Car Park.

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8. RESPONSIBILITY

1. The service provider is not liable for damages:

1. resulting from the User's fault, under the following circumstances: (a) the User's violation of the provisions of these Terms and Conditions, (b) the User's sharing of Account login data with third parties, (c) improper use of the Website and/or Application (d) improper use of the Website's and/or Application's recommendations;
2. caused to third parties as a result of the User's use in a manner contrary to the Regulations or the law;
3. the dangers of using the network: hacking attacks, viruses infecting the system or similar events;
4. arising as a result of limitation, interruption or discontinuation of the provision of Services to the User in connection with his violation of the Rules;
5. information and materials downloaded, posted on the Website or sent
   via the Internet by Users;
6. Provision of false, outdated or incomplete data or information by the User;
7. caused by malfunctions of other systems that are not maintained by the Service Provider and affect the operation of the Site and/or the Application, including the Internet; 
8. caused by the non-performance or improper performance of operations carried out through the Service and/or the Application, if caused by a teletransmission or technical defect, equipment failure or interruption of the connection,;
9. caused by the lack of continuity of delivery of Services, resulting from circumstances for which the Service Provider is not responsible (force majeure, acts and omissions of third parties, etc.).

1. The Service Provider shall be responsible to the User for the proper functioning of the Platform, for enabling the User, through the Platform, to use the Parking Service in the area of the Collaborative Parking Lot selected by the User.
2. The Service Provider informs Users that the entities responsible for the proper performance of the Parking Services are exclusively the operators of the individual Collaborative Parking lots.
3. The Service Provider cannot be held liable for any errors (including factual and linguistic errors) and for any interruptions (temporary and/or partial) in the functioning of the Platform due to failure, repair, upgrade or maintenance, for inaccurate, misleading or false information of the Collaborative Parking and for the lack thereof. Each Cooperating Parking Lot shall at all times remain responsible for the accuracy, comprehensiveness and correctness of the (descriptive) information (including prices/fees, terms and conditions and availability) displayed on the Platform. 
4. The Service Provider shall not be responsible (and disclaims all liability) for the use, correctness, quality, suitability and efficiency of the Parking Service provided by the Collaborating Car Parks and makes no warranties, representations or conditions, whether implied, statutory or otherwise, including implied warranties of merchantability, title, warranty of non-infringement or fitness for a particular purpose. 
5. The User acknowledges and agrees that the applicable Cooperating Parking Lot providing Parking Services is solely responsible for such services.
6. The Service Provider is not a distributor or seller of the Parking Service. Complaints and demands with respect to the Parking Service (including with respect to the offered (special/promotional) price, policies, or specific requests of Users) should be addressed to the Cooperating Parking Services. The Service Provider shall not be liable and disclaims any liability for such complaints and demands.

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9. COMPLAINT ABOUT THE FUNCTIONING OF THE APPLICATION AND/OR SERVICE

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1. The User may file a complaint if the Services offered on the Site and/or the Application, the rules for the provision of which by the Service Provider are specified in the Regulations, are not performed by the Service Provider or are not performed in accordance with the provisions of the Regulations. The User has the right to file a complaint. A complaint should contain at least data allowing identification of the User and indication of justified objections and comments to the Services, as well as indicate defects or irregularities in the operation of the Website and/or Application with respect to the provision of Services by the Service Provider. 
2. Complaints can be submitted in accordance with the general rules expressed in the law, as well as by emailing administrator@inteligentnemiasta.com.
3. In matters not regulated, the provisions of the Civil Code shall apply.

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10. FINAL PROVISIONS

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1. The law applicable to the obligations arising from the Regulations is Polish law. Contracts are concluded in the Polish language.
2. The user has the opportunity to use alternative methods of dispute resolution (ADR- AlternativeDispute Resolution) to court proceedings, in particular through mediation, through conciliation or through arbitration (arbitration court). A list of institutions to which a consumer can turn to resolve disputes through ADR can be found at this link: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm
3. The user may also make use of out-of-court complaint and redress procedures by submitting his/her complaint through the EU ODR web application, available at: http://ec.europa.eu/consumers/odr/
4. If the User does not wish to use ADR or ODR, any disputes arising under the Terms and Conditions or the Services shall be resolved by a court of law. In determining the jurisdiction of the court, the rules set forth in the legal act applicable to the User shall be followed.
5. Disputes arising between the Service Provider and the User shall be submitted to the court having jurisdiction over the seat of the Service Provider.

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Effective date of the Regulations: 01.05. 2022 r.

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