Are you interested in information about Personal data protection? Click here
General Terms and Conditions of PosAm, spol. s r.o.
with its registered office at Bajkalská 28, 821 09, Bratislava, registered in the Business Register of the District Court Bratislava I, Section: Sro, Insert No.: 6342/B
for the service of
browsing, installing, and using the www.parkdots.com website, the ParkDots web and mobile applications (hereinafter referred to as “GTC”)
These General Terms and Conditions (hereinafter referred to as “GTC”) of PosAm, spol. s r.o. with its registered office at Bajkalská 28, 821 09, Bratislava, Registration No.: 31 365 078 (hereinafter referred to as “PosAm” or the “Provider”) shall regulate mutual rights and obligations of the contracting parties arising in connection with the use of the Provider’s products and services in accordance with the provisions of Act No. 40/1964 Coll. as amended (hereinafter referred to as the “Civil Code”). The service is operated by the Provider on the www.parkdots.com website (hereinafter referred to as the “Website”) through the Website interface.
These Terms and Conditions for browsing, installing and using thewww.parkdots.com website, the ParkDots web and mobile applications (hereinafter referred to as the “Terms and Conditions”) govern the rights and obligations of the Operator and the User when using the ParkDots services.
Correspondence address: PosAm, spol. s.r.o., útvar DPO, Bajkalská 28, 821 09 Bratislava
E-mail: email@example.comTelephone contact: +421 2 49239 111
The General Terms and Conditions are drawn up in the Slovak language. The wording of the Terms and Conditions may be amended or supplemented by the Provider.
The Provider will publish the GTC on www.parkdots.com. By registering with the Provider’s system, the User confirms that he or she is familiar with these Terms and Conditions and expresses his or her unequivocal consent to their wording and commitment to abide by them.
The User fully recognises electronic communication through the website, email communication, as well as telephone communication.
Conclusion of the Agreement, Free License Agreement: By accepting the GTC, the Provider concludes a License Agreement with the User. The User shall obtain the License Agreement on the free use of services through the web or mobile applications by transferring the data from the registration form, which have been filled in, sent to the Provider, by activating the Account and expressing consent to these GTC. The License Agreement is free of charge.
Definition of Basic Terms
In this document, the parkdots.com website, the ParkDots mobile and web applications are referred to individually as the “Website” and “Applications” and collectively as “ParkDots”.
The Owner and Operator of ParkDots is PosAm, spol. s r.o., with its registered office at Bajkalská 28, 821 09 Bratislava, Registration No.: 31 365 078, registered in Business Register of District Court Bratislava I, Section Sro, File No.: 6342/B (hereinafter referred to as the “Provider”).
The author of the software in accordance with the provisions of Section 13 of Act No. 185/2015 Coll., the Copyright Act, as amended (hereinafter referred to as the “Copyright Act”) is the sole holder of the author’s personal rights and the author’s property rights and the only person authorised to exercise the author’s property rights for the Provider’s application and software in accordance with the relevant provisions of the Copyright Act.
A user is any person who uses the services (browses, uses or installs (hereinafter referred to as “uses”) ParkDots) provided by the Provider on the basis of the contractual relationship and these GTC (hereinafter referred to as a “User”).
An information system is all the hardware and software resources of the Provider that it uses to run the web application.
Mobile applications are available for Apple iOS and Google Android platforms.
Service means all services or their sub-services presented on the Provider’s website. The Provider is obliged to take into consideration the suggestions of customers about the outdated information provided on the web portal and remove these discrepancies immediately after verification. The information about the services is current and valid at the time of their activation by the User.
Personal and sensitive data is data of a registered (or only logged in) User of the web application, while this data is registered in the Provider’s information system. Personal and sensitive data includes the access name and password, bank data and other personal data of the registered User (for more information, see Information Obligation of the Operator)
How ParkDots Works
ParkDots is an intelligent system that provides the following services:
(i) allows the User to identify a free parking space or car park;
(ii) navigates the User to a free parking space or car park;
(iii) enables the User to submit an application for temporary parking permit to the relevant municipality [usually for 365 days or 1 (one) year or for other time period] and to obtain the temporary parking permit;
(iv) enables the User to register his or her payment card with TATRA BANKA, a.s., by connecting with the TATRA BANKA, a.s., and to obtain a connection with the payment gateway of TATRA BANKA, a.s., through which he or she will pay a parking fee or a fee for obtaining a temporary parking permit;
(v) allows to pay a parking fee or a fee for obtaining authorisation for temporary parking in a manner other than that referred to in sub (iv), in particular through other payment applications integrated with ParkDots or through other payment applications;
(vi) in the case of activated ParkDots Go function, it allows the User to make an automatic and unattended parking payment . By activating the ParkDots Go function, the User agrees that the Application will automatically and without the need for action by the User ensure that the amount of the parking fee is debited from the User’s account / payment card.
The individual functions can be activated gradually, while the Operator reserves the right to change, expand, narrow and otherwise modify the ParkDots function.
ParkDots obtains the information necessary for its operation from its own information system, from ParkDots partners or from publicly available sources.
Some of the ParkDots functions are linked to information, websites, applications or services provided by third parties (e.g. navigation systems or applications providers, operators of car parks, other parking systems, etc.).
A detailed description of ParkDots functionality, a description of the individual services provided by the ParkDots Provider, as well as instructions for the installation of ParkDots, requirements for the hardware and software of the User’s mobile devices, instructions for registering and using ParkDots can be found in a separate document “ParkDots User’s Guide”, which is located on the website.
The User acknowledges that the web and mobile applications are provided free of charge. ParkDots Permits service and other selected sub-services and applications can only be used by a fully registered User.
Login, User Registration, Payment Card Registration (User Account)
ParkDots can be used:
(i) without registration (registration is not necessary);
(ii) with registration;
(iii) with or without the registration of a payment card.
The User is registered via the registration form by providing the Provider with his or her email address, selecting and saving the password. The e-mail address and password will be used by the User when logging in to ParkDots. The User may also register in another way offered by the Application.
After registering in ParkDots, a user account is created for the User. ParkDots allows the logged-in User to store additional information, such as a phone number, in the User’s profile, and it also stores the parking history according to the ParkDots User’s Guide.
Through the ParkDots system, the card holder may carry out one-time registration of his or her payment card in a simple and secure manner using the TATRA BANKA, a.s., payment service. All sensitive information from the payment card is secured during the transfer and is then stored in a secure manner in the TATRA BANKA, a.s., information system. The Provider does not store or process sensitive information from the payment card in any way. For a registered user in the ParkDots application, after a successful transaction, the card can be registered in the bank system, while at the same time the so-called alias / token of the card is generated. The bank will share it with the Provider and both parties will keep it. All transactions of a registered card are initiated through a token.
If the holder’s payment card is reissued with the same card number, its prolongation shall also be taken into account in the continuity of the Provider’s services without the need for re-registration, taking into account the data stored in accordance with point 4.
For the purposes of registering a payment card, the User shall provide the data relating to the payment card, namely the payment card number, the expiry date and the CVV code.
Registration in the application is optional. The User, however, takes in consideration that the Provider, depending on whether the User is registered or not, whether he or she has a registered payment card or not, provides a different scope and level of ParkDots services. The scope and level of the services provided, depending on the provided facts of the services provided, are defined in the ParkDots User’s Guide.
When registering to a website and activating services, the User shall provide all the data correctly and truthfully. The User is obliged to update the data specified in the user account in the event of any change. The data provided by the User in the user account are considered correct by the Provider.
The Provider shall be entitled not to register the User or payment card if there are doubts as to the completeness, correctness, truthfulness and/or timeliness of the data in the registration form.
The Provider shall be entitled to cancel the registration of the User or prevent the User from using ParkDots in any other way if:
(i) The User violates the provisions of these Terms and Conditions, the provisions of generally binding legal regulations or if there is a reasonable fear that he or she will do so;
(ii) The User is misusing ParkDots;
(iii) If such an obligation is imposed on the Provider by a public authority.
The User expressly agrees that the assessment of the grounds for cancellation of the registration or for preventing access to ParkDots is entirely at the discretion of the Provider.
The User is entitled to cancel his or her own registration at any time by submitting a written request to the Operator.
The User acknowledges that, upon cancellation of the registration, ParkDots will not provided the User with ParkDots services that are bound to the registration (conditional upon registration).
Access to the User account is secured by a user name and password. The User is obliged to maintain confidentiality regarding the information needed to access his or her user account.
The User is not authorised to allow the use of the user account by third parties.
The User acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the Provider’s hardware and software, or necessary maintenance of the hardware and software through which the service is provided.
The Website and Applications (textual, visual, audio and other content, as well as all the principles of the operation of ParkDots) have the nature of copyright works protected by Act No. 185/2015 Coll., the Copyright Act as amended.
If ParkDots uses content originating from third party sources, it is a content that is freely available or a content that is copyrighted by third parties, and those persons have given the Provider consent (license) to its use.
The Provider grants the User the right to use ParkDots and its content, including the use of those parts that are protected by copyright, only in the manner and to the extent provided in these Terms and Conditions and the ParkDots User’s Guide. The Provider grants the User a non-exclusive license, to a limited extent in terms of territorial, material and time scope.
In particular, the User is not entitled to copy, change, modify, distribute against compensation or free of charge, imitate and handle ParkDots in any way other than as permitted by these Terms and Conditions or the ParkDots User’s Guide, including reverse engineering.
If ParkDots allows the User to add any content to the Applications or the Website, the User undertakes to always act in such a way that the content added by him or her complies with the law and other generally binding legal regulations, does not infringe the rights of third parties and is in compliance with the principles of good morals. The Operator has the right to restrict the User from adding content to ParkDots or to remove the content added by him or her at any time by its own decision.
The provision of a license / sub-license by the Provider is free of charge and therefore does not establish a right of special remuneration for the activation of the service / access to the ParkDots application.
The User is authorised to download the mobile application to his or her device. This means a permanent copy of the application, and this copy is intended solely for the User’s personal use, i.e., it may not be used by the User for commercial purposes. Violation of the terms and conditions under this paragraph by the User is a reason for immediate blocking of the User’s account, with which the User expresses his or her express and unconditional consent. This is without prejudice to the right of the Provider to ask compensation for damages from the User.
The User is not entitled to analyse, change, amend, reproduce, process, modify, distribute, translate the machine code into the source language, or freely modify or adapt it to his or her needs, including through third parties. The User is also not entitled to make a backup copy of the application, even through third parties, as such copy is not necessary for its operation and use. The User is not entitled to examine or test the functionality of the application in order to determine the principles on which this application or any element of these applications was based and created. Violation of the terms and conditions under this paragraph by the User is a reason for immediate blocking of the User in the application, with which the User also expresses his or her express and unconditional consent. This is without prejudice to the right of the Operator to ask compensation for damages from the User.
By registering, the User does not acquire ownership rights, nor any property or personal rights to the application, or to any part thereof, he or she acquires only the right to use as a registered User services available exclusively to the registered User under the conditions specified in the General Terms and Conditions.
Obligations of the User
The User is entitled to use ParkDots exclusively in accordance with these Terms and Conditions, the ParkDots User’s Guide, in accordance with generally binding legal regulations, the Operator’s instructions, in accordance with good morals and rules of ethics and good conduct. The User undertakes not to misuse ParkDots.
In particular, the User is obliged to comply with all road traffic rules as well as the rules and instructions set by the operators of individual car parks. The User may not use ParkDots in a manner that is in conflict with traffic regulations or rules and instructions set by the operators of individual car parks and parking service providers.
When using ParkDots, the User is obliged to act in such a way that he or she protects his or her own property, health and life as well as those of others.
The User shall pay attention to safety and act with consideration when using ParkDots, prevent the occurrence of any traffic collisions or conflict situations.
Special conditions for using the ParkDots Go function:
5.1. When entering the car park, a virtual parking ticket is created and unambiguously assigned to the User. A printed parking ticket or token shall not be issued;
5.2. The exit from the car park is secured by the virtual ticket registered by the car park operator and the ParkDots system;
5.3. The condition for enabling exit from the car park is the permanent function of the ParkDots Go mode before entering the car park and during parking (the User must not switch off the mode) and the fulfilment of all conditions of the mode;
5.4. If due to non-compliance with the conditions of point 5.3. or for other reasons it is impossible to leave the car park, the User shall be obliged to arrange the exit from the car park with the car park operator, including the fulfilment of the obligation to pay the parking fee;
5.5. The User has the option to view the virtual parking ticket in the ParkDots application if he or she meets the following conditions:
(i) While entering the car park and using the ParkDots application, the smartphone must be allowed to track the User’s location and must have an available network connection to the Internet. The smartphone must provide a location sufficiently close to the car park where the ParkDots service is used;
(ii) ParkDots Go mode must be switched on before entering the car park.
Representations, Guarantees of Use of the Application and Exclusion of the Provider’s Liability
The Provider makes the application and its functionalities available “as is”.
The User acknowledges that the Content is inserted into the Application at his or her own risk and the User is responsible for the Content inserted.
The Provider declares that it will ensure an adequate level of security for the Content against its deletion, loss, unauthorised modification or other damage, as well as against unauthorised access by third parties.
The Provider undertakes to provide the service and maintain the Application in accordance with law and undertakes to ensure the functionality of the Application, except in cases independent of the Provider’s will. The Provider reserves the right to technical shutdown of the system due to its maintenance and deployment of new functionalities, and the Provider shall inform the User about such technical breaks on the website. The User has no right to compensation for damage caused by a malfunction and / or unavailability of the Application.
The User undertakes not to use the Application in a manner that would violate the Provider’s rights to the Application and / or damage its reputation and interests. The use of the Application for any purpose other than that defined is prohibited. The User declares that he or she will not use the Application for purposes that are in conflict with generally binding legal regulations and these GTC.
The Provider declares that it will not misuse the Content for its own benefit and will not make it available to third parties, except in cases where such an obligation arises from generally binding legal regulations or from a valid and enforceable decision of a public authority, or when it is necessary for proper application and protection of the rights and legitimate interests of the Provider under the Agreement or in connection with the Agreement, or if it is necessary for the provision of the service that envisages disclosure of data to a third party.
The Provider declares that the Application and its functionality will be provided in such quality that can be reasonably expected, taking into account their nature, purpose and conditions of use of the Application in accordance with these GTC. In case of errors or defects of the Application and its functionalities, the User agrees that his or her claims are limited to the elimination of such errors or defects, which shall be rectified within a reasonable time and in a manner specified by the Provider, especially by updating the functionality or making a newer version of the Application available.
The Provider undertakes to make every effort to ensure the functionality of ParkDots. However, the Provider reminds the User who acknowledges the fact that the functionality of ParkDots depends on a number of factors (access of the User to the Internet, technical capabilities of his or her mobile devices and their software, information from third parties, including car park operators, etc.), which may individually or jointly limit the User’s ability to use ParkDots. For this reason, the Provider shall not bear any responsibility for outages or limitations of the functionality of ParkDots.
The User declares that he or she is entitled to handle the Content, that he or she has all consents to the handling of the Content to the extent and form required by applicable law and that the processing of the Content does not constitute threat to or violation of his or her rights or legitimate interests or the rights or legitimate interests of third parties.
If any statement of the User within the meaning of these GTC proves to be false or becomes false and in this connection any claims of third parties or sanctions imposed by public authorities will be asserted against the Provider, the User undertakes to indemnify the Provider in full, including any costs of the Provider incurred as a result of the exercise of such claims or the imposition of such sanctions or in connection therewith.
The Provider declares that the information on the basis of which it operates ParkDots comes not only from the Provider’s own resources but also from publicly available sources or from sources from car park operators and other third parties, and the Provider does not and cannot verify the accuracy, veracity and timeliness of all information. For this reason, the Provider is not responsible for any incorrect, out-of-date or inaccurate information in ParkDots provided by third parties.
The Provider does not have an obligation towards the User to provide him or her with parking at a specific parking space or to enable him or her to pay the parking fee. The Provider shall not be responsible for the fact that the operator of the parking place does not allow the User to park at a specific parking space. The Provider shall not be responsible for whether the payment for the parking fee has been made. For the avoidance of doubt, in connection with the use of ParkDots the Provider shall not be liable in particular but not exclusively for the following:
any damage to the health of road users or other persons,
any damage to the property of the User, road users, car park operators or other persons,
any sanctions imposed on the User or any person in connection with violations of road traffic rules, rules determined by car park operators, etc.,
any claims asserted by the car park operators against the User.
The User is obliged to ensure the protection and security of his or her access data needed to log in to ParkDots; he or she must protect them from loss, unauthorised disclosure to a third party or against misuse by a third party. The Provider shall not be liable for any damage or other harm related to loss, disclosure to a third party or misuse of access data by a third party.
The Provider warns the User that ParkDots or other websites or applications to which ParkDots refers may require the User to make his or her location or the location of his or her mobile device with ParkDots installed available. The Provider shall not be liable for any damage, harm or claims of the User that arise in connection with the disclosure of his or her location.
The Provider shall not be liable for any damage or other harm that may arise to the User in connection with the use of the websites or applications to which ParkDots refers or to which the User was redirected when using ParkDots. The Provider specifically reminds the User that in the event that the User is referred to or redirected to another website or application while using ParkDots, there is no legal relationship between the Provider and the User when using this other website or application, on the contrary, by using this other website or application, the User enters into a legal relationship with the operator of this website or application and must comply with the rules of its use.
The Provider shall not be obliged to reimburse the User for any costs incurred in any connection with the use of ParkDots.
The User is entitled to file a complaint with the Operator. The content of the complaint is an objection against the defects of the provided ParkDots services or against the fact that the ParkDots services were not provided to the User. Deviations from the description of ParkDots functionality according to the ParkDots User’s Guide are considered to be defects of the provided ParkDots services.
The User shall exercise the right to make a complaint without undue delay, no later than within 15 (fifteen) days after the date on which he or she became aware of the facts justifying his or her objection. The Provider shall be entitled to reject the late objection.
The User shall file the complaint using the form accessible on the website. The complaint must include particulars according to the form.
The Provider shall confirm the submission of the complaint to the User.
The Provider is obliged to investigate a duly filed complaint and inform the User of the result of the investigation within 3 (three) working days from the delivery of the complaint, unless the Provider extends this period in more complex cases, while the extended period may not exceed 30 (thirty) days from the delivery of the complaint.
The Provider will reject the complaint if it is unfounded, of which it shall inform the User.
If the complaint is accepted by the Provider, it shall take corrective measures, which shall also be communicated to the User. Corrective measures shall be taken by the Provider no later than within 30 (thirty) days from the delivery of the complaint.
Personal Data Protection
Information concerning the type, extent, purpose of the processing and use of data by our company for the purposes of the agreement concerning personal data needed to process orders to set up the service and send newsletters and information about your right to information and the right to have this data corrected, blocked and erased can be found in the document entitled: Provisions on personal data protection: https://parkdots.com/privacy/en.
Special Provisions on Consumer Protection
These provisions contain special provisions on consumer protection.
If the User is a consumer, he or she shall have the right to contact the Operator with a request for redress if he or she is not satisfied with the way in which the Operator has handled his or her complaint or if he or she considers that the operator has infringed his or her rights. The operator shall proceed under Article VII of the Terms and Conditions accordingly. The User has the right to make an application to initiate an alternative dispute resolution under a special regulation.
The body supervising the protection of consumer rights is the SLOVAK TRADE INSPECTION (Prievozská 32, BRATISLAVA).
Change of Terms and Conditions and the ParkDots User’s Guide
The Operator is entitled to change the content of the Terms and Conditions or the ParkDots User’s Guide at any time. The Operator has the right to change, supplement or cancel any functions in ParkDots at its own discretion.
The Operator shall inform about the change of the Terms and Conditions and the ParkDots User’s Guide on the Website and by publishing the full text of the Terms and Conditions on the Website within 15 days before the change takes effect. If the User does not agree with the change of the Terms and Conditions, he or she is entitled to cancel his or her registration within the period until the change of the Terms and Conditions takes effect. Otherwise, the Terms and Conditions become binding for the User upon the entry into force of the change.
After changing the Terms and Conditions, when the User is going to use ParkDots for the first time, the Operator will ask the User to agree to the new wording of the Terms and Conditions. If the User does not agree with the change of Terms and Conditions, he or she cannot use ParkDots and the Operator will immediately cancel his or her registration.
The Agreement is concluded for an indefinite period of time.
The Agreement may be terminated by mutual written agreement between the Provider and the User, by termination of the Agreement by the User or by the Provider or by withdrawal from the Agreement by the Provider.
For the Permits service, the User’s account is active for a period of 12 months from the date of registration of the User in the permits.com service. In the event of termination of the Agreement, the User’s Account will be accessible for two (2) weeks after the termination of the contractual relationship (without the possibility of active use of the Application’s functionalities); after this period, the account, including all its contents, will be irrevocably cancelled and deleted.
These Terms and Conditions and legal relations between the Operator and the User are governed by generally binding legal regulations of the Slovak Republic. Any disputes shall be resolved by the courts of the Slovak Republic, unless otherwise specified.
These GTC come into force for the User on the day of login / registration in the application.
These Terms and Conditions are valid and effective from 1 December 2021.