These Regulations (hereinafter referred to as “Regulations”) set out the rules for the provision of services by electronic means within the meaning of the Act on Provision of Electronic Services of 18 July 2002 (i.e. Journal of Laws of 2019, item 123.) and the terms and conditions of use of TransParking – Truck Parking and Bans for Trucks (“Mobile Applications”) and the web-based www.truckerapps.eu (web pages, hereinafter referred to as “Web Applications”) (hereinafter referred to collectively as “Applications”), owned and operated by the Provider. These Terms of Use shall also apply to other applications and web pages of the Provider to the extent that such reference is made in the terms and conditions of such other applications.
I. DEFINITIONS
1. Subscription – cyclic, renewable payment for the use of the Premium Package in the amount determined in the Price List, paid by the User in accordance with the principles defined in pt. IV of the Rules and the principles of subscription purchase specified in the Terms of Use of the Google Play mobile application shop.
2. BT Mobile Application – the mobile application Bans For Trucks available through the Google Play mobile application shop, supported by the Android operating system: https://play.google.com/store/apps/dev?id=8924830907973699961 ;
3. TP Mobile Application – TransParking – Truck Parking mobile application available through the Google Play mobile application shop, supported by the Android operating system: https://play.google.com/store/apps/dev?id=8924830907973699961
4. Price List – a list of fees for the Subscription valid in the User’s country, each time made available to the User in the “Subscriptions” tab in the Google Play mobile application shop;
5. Provider – Trucker Apps Sp. z.o.o based in Wysoka, having its address: Wrocław (53-146), ul. Racławicka 2-4, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under number 0000519778, NIP: 8961538638, REGON: 022470941,
6. Account – a panel for managing the Application functionalities assigned to an individually designated User.
7. Premium Package – various types of paid additional service packages
available in the Mobile Applications, specified in detail in the Price List, available to the User upon payment of the Subscription using the Google Play mobile application shop.
8. Registration – activity consisting in the creation of an Account by the User, performed with the use of the registration panel made available by the Mobile Application and Web Application.
9. Service – all services provided by the Provider by electronic means, including in particular those consisting in: providing the User with an opportunity to access the Web Applications and use the Mobile Applications under the terms of these Regulations.
10. User – a natural person who:
a) registered and logged in through the Application,
b) logged in via another Application belonging to the Provider which enables the use of the Application,
c) uses the Application without first completing the Registration and login process, insofar as this is possible for the relevant Application.
11. Truck – a motor vehicle designed for the carriage of goods. The term also includes a truck and passenger vehicle designed by construction to carry loads and 4 to 9 persons (including the driver).
12. TP Web Application – a subwebsite of the https://truckerapps.eu/transparking/pl/map/ website, located under the https://truckerapps.eu domain, covering services provided by the Provider with similar functionality to the TP Mobile Application.
II. DESCRIPTION OF APPLICATIONS AND THEIR BASIC FUNCTIONALITIES
1. The BT Mobile Application in its basic version is used to inform the User about temporal road bans applicable to Truck drivers in selected countries and enable the User, inter alia to:
a) follow road bans for trucks in Europe,
b) share information on bans using the “share” function,
c) add new bans, edit ban data,
d) send information on erroneous bans,
2. The TP Web Application and the TP Mobile Application in the basic version is used for finding Truck parking lots along the Truck driver’s journey and enable the User, among other things to:
a) search for the nearest truck park,
b) search for truck parks along a planned route,
c) check facilities and security at truck parks,
d) create a list of favourite truck parks,
e) add new truck parks, editing truck park data,
f) send information on erroneous parking location,
g) rate and comment on a truck park,
h) search for the nearest petrol stations and restaurants within a given truck park,
i) search for petrol stations and restaurants within a truck park along a planned
route,
j) add new petrol stations or restaurants within a truck park,
k) edit data on the petrol stations or restaurants within a truck park.
3. The BT Mobile Application in an enhanced version, i.e. within the framework of the available Premium Packages, allows the User, among other things
a) access to additional functionalities in the calendar;
b) the ability to search and display bans for a specific day, for consecutive days and in specific time intervals, e.g. hourly filter;
c) unlimited availability of functionalities with a limited frequency of use, e.g. translation of the content of bans from English;
d) use the Application without displaying advertisements.
4. The functionalities between the Mobile Applications and their Web Application equivalents may differ.
5. Data regarding car parks within the TP Web Application and TP Mobile
Application are presented on maps originating from external providers and are subject to translation into English by an external translation agency, therefore, the Provider is not responsible for the validity of the aforementioned maps and the correctness and lexical compliance of the translated text with its original language version.
6. Where the Application allows the Users to add content, each User adding information by means of the available functionalities is obliged to provide information in good faith and in accordance with the actual state at the moment of its entry, as well as using the rules specified in pt. IV of the Regulations.
III. TERMS OF USING THE APPLICATION
1. The User shall use the Application in a manner compliant with these Terms of Use, applicable law, general rules for the use of the Internet and in a manner that does not violate the Provider’s rights or the rights of third parties.
2. Each time the Application is used, the User must read and accept the Terms of Use. The User’s acceptance of the provisions of the Regulations shall be tantamount to the User’s declaration that he/she has read these Regulations, understands their content and fully accepts their provisions.
3. Actions, which in particular may hinder or destabilise the operation of the Application, or expose the Provider to a loss of the Provider’s reputation, good name or to any damage are unacceptable.
4. The User using the Application is obliged in particular to:
a) use the Application and the Services available through it in accordance with their nature and purpose,
b) to use the Application and the Services accessible through it in a manner that does not disrupt its operation, in particular by using certain software or devices,
c) not to undertake actions such as: the use of other Users’ Accounts or making an Account available, including sharing a User login and password with other Users, and not to undertake any IT actions or any other actions aiming at obtaining passwords to the Accounts of other Users
d) to refrain from using the Application in a manner which is disruptive to other Users and the Provider, while respecting the personal rights of other Users (including the right to privacy) and all their rights.
5. The use of the Application does not grant the User any licence or right to use any protected content available via the Application, except as expressly stated in clause VI of these Regulations.
6. Users can also access the Application from a territory outside the User’s country. However, the Provider reserves the right to introduce limitations on the use of certain Services available through the Application.
7. The User may obtain assistance from the Provider in connection with technical problems that may occur while using the Application by sending the question to the Provider by e-mail to info@truckerapps.eu.
8. The Application can be used by persons who:
a) registered an Account within the Mobile Application in accordance with the provisions of clause . IV of the Regulations; or
b) use the Web Application or TP Mobile Application without registering an Account (e.g. by logging in via a Facebook or Google account).
9. In order to use the Web Application correctly one has to have a device enabling access to the Internet, including a programme used for browsing its resources, i.e. the following browser versions: Opera/ Mozilla Firefox/ Safari/ Microsoft Edge/ Google Chrome.
10. For proper use of the Mobile Application you must:
a) download the Mobile Application via the Google Play mobile application shop (you need to have a Google account set up beforehand),
b) install the Mobile Application on a mobile device which meets the technical requirements specified in the description of the Mobile Application in the Google Play shop,
c) in the case of the BT Mobile Application and if the User wishes to purchase the Premium Package, to create an account in the Mobile Application, i.e. to use the login data used by the User in other Mobile Applications of the Provider (to the extent possible).
11. The rules of downloading and using the Mobile Application are set out in the Google Play Store regulations. In this case, the operator/owner of the Google Play Store is responsible for the provision of the Mobile Application, as well as for the correctness of the data transfer and installation of the Mobile Application, while the terms of use of the Mobile Application are set out in these rules.
12. The Provider bears no responsibility for the correctness of the provision, data transmission, installation and use of the Mobile Application downloaded by the User through a provider other than the mobile application shop Google Play Store.
13. By using the Application, including by downloading and installing the Mobile Application, the User gives the Provider his or her consent to make the necessary updates to the Application and agrees to download and install any available software updates as recommended by the Provider. The Provider shall not be responsible for the correctness of provision, data transmission, installation and use of previous versions of the Application, which the User uses without downloading and installing the latest available updates of the Application.
IV. CREATING A USER ACCOUNT IN MOBILE APPLICATIONS
1. In order to set up a User Account within the Mobile Application, the User must have a previously created and active Google account or Facebook account.
2. In order to set up a User Account in the Mobile Application and/or purchase a
Premium Package by natural persons with limited legal capacity (e.g. persons aged 13 or more and under 18 years of age) the consent of a legal guardian is required. The setting up of an account shall be understood as the submission of the consent of the legal guardian.
3. The creation of an individual User Account in the Mobile Application is necessary in order to:
a) use by the User of the Services provided by the Provider
through the BT Mobile Application, including the possibility to use Premium Packages;
b) use of functions of the TP Mobile Application available only to
logged-in Users.
4. Creating and using an Account is voluntary and free of charge with respect to the basic functions of the Mobile Application.
5. In order to complete the Registration process, the User should provide his/her personal data taken from the User’s Google account or Facebook account by selecting the “Log in via Google” or “Log in via Facebook” option and then accept the Provider’s Regulations and Privacy Policy.
6. During the Registration process the User is provided with a User’s name and password in the Mobile Application, which enable the User to further log in (access) to an individual User Account, identical to the User name and his/her access password to the account used for registration in the Mobile Application, i.e. his/her Google or Facebook account.
7. The login and password generated by the User during the Registration process shall also constitute a login and password enabling the User to log in (access) to an individual User Account in the TP Mobile Application without the need to complete the User registration process also in the BT Mobile Application.
8. The User shall be obliged to keep the password for access to his/her individual Account in the Mobile Application associated with the User name secret. The User shall be fully responsible for the consequences of making his/her password to access the Account available to third parties.
9. The User shall bear full responsibility for providing false or outdated personal data, in particular in Applications where the functionality provided by the Provider enables the User to make changes to the User’s individual Account,
e.g. to the User’s login or avatar.
V. PUBLISHING USER CONTENT IN APPLICATIONS
1. The User using the Application is entitled to contribute to the database of the Application and to support the development of the Application, in particular by: responding to update requests made by the Applications, uploading to the Applications information, data, photos, opinions, comments and other resources that appear in the graphic layout of the Applications (“Materials”), as detailed in Appendix 1 to these Regulations.
2. The Provider recommends that Materials shall be posted only if they correspond to the subject matter of the Application, its purpose and the Provider’s desired development direction for the Application, as indicated to the Users e.g. through update requests.
3. The User may only include in the Application Materials whose publication has been authorised by him, for which he is the author, or in respect of which he holds the right to use, in the extent suitable for granting the Provider a licence to use the Material as set out below. It is forbidden to publish Materials that may violate the rights of third parties or the Provider, including but not limited to violating copyright, industrial property rights or personal rights of any entity.
4. The User shall be fully liable for any infringement of third party copyrights. In the event of any third party claims being raised to the Provider as a result of the User posting any Material which does not comply with the provisions of these Terms of Use, the User shall undertake, at their own expense, all measures to defend the Provider against such third party claims, and shall cover all reasonable costs incurred by the Provider as a result of such claims being raised by third parties.
5. Where the User publishes Materials (e.g. photographs, films) containing an image of a person/persons or any other element which allows the unambiguous identification of a given person (tattoo, scar, etc.), the User shall be obliged to obtain consent for the dissemination of the image of the person/persons depicted in the photograph prior to its publication in the Application. The responsibility for infringement of the rights of third parties, including in particular persons whose image has been published without the required permission, shall lie with the User who has posted the Material.
6. By placing the Material on the Application by the User, the User is also declaring that he/she has the necessary permissions and rights to use the Material, including that he/she holds the copyright to the Material to the extent allowing him/her to grant the Provider a licence to use the Material to the extent specified below.
7. In particular, the User using the Application shall be obliged to:
a) not to place the same Materials, in particular information or data, several times in the Application,
b) not to place in the Applications, without the express consent of the Provider, any Materials, in particular information or data of a promotional or advertising nature;
c) not to place in the Application any Materials that contain unlawful content, in any way violate the law, incite racial, ethnic or religious hatred, are generally regarded as morally reprehensible, socially inappropriate, contain pornography, praise Fascism, Nazism, Communism, propagate violence or offend religious feelings.
8. The breach of the rules of posting Materials specified in this clause, in particular the prohibitions specified in clause 7 above, shall result in the immediate removal from the Application of any elements posted by the User which do not comply with the provisions of this clause.
9. In special cases, the Provider reserves the right to remove Materials without prior notice and without stating a reason, in particular in the event of any
doubts as to the legality of the source of the Materials or the extent of the User’s rights to the content placed in the Application, e.g. photos containing watermarks of other services, photos from newspapers, magazines, books, etc.
10. The Provider reserves the right to moderate the data added to the Application in order to maintain the consistency and correctness of the Application, in particular to correct any linguistic or content errors in links, descriptions and opinions, and to change the assignment of photos to locations.
11. Each time the User uploads any Material to the Application, he/she grants the Provider unconditional, territorially unlimited, royalty-free permission to display the said Material on the Application, any of the pages of the Application and any part of the TruckerApps website. In the event that the User make available, publish or upload the Material in or in connection with the Applications covered by User’s intellectual property rights, at the time of uploading such Material, you grant the Provider a non-exclusive, transferable licence, including the right to sub-license, royalty-free and worldwide to use, exploit, distribute, modify, run, copy, publicly perform or display the Material, translate its content and create derivative works based on it (“Licence”).
12. The Licence covers all fields of exploitation known at the time of its granting, including in particular:
a) recording on any audiovisual medium, and in particular on video media, computer disk, multimedia network (including the Internet),
b) displaying, public performance,
c) circulation at home and abroad,
d) translation, supplementing, elaboration,
e) introduction into computer memory and the multimedia network,
f) use in multimedia works,
g) use on websites and social networks,
h) marketing via the Internet and other data transmission techniques using telecommunication, computer and wireless networks,
i) making it available to the public in such a way that everyone can have access to it in a place and at a time individually chosen by them.
13. The User retains the personal copyrights to the Materials covered by the intellectual property rights of the User and the proprietary copyrights to the extent not conflicting with the granted License, including the possibility of deleting individual elements of the Materials or all Materials at once by deleting the account. The License shall expire upon deletion of the User Materials from the Provider’s systems.
14. After deletion of the Materials from the Application, they will not be visible in the layout of the Application, but may still be present on other Provider systems where:
a) it is not possible to remove the Materials immediately due to technical limitations;
b) User’s Material has been used by others in accordance with the licence and they have not removed it (in which case the licence continues until the Material is removed); or
c) User’s immediate removal would limit the ability to investigate and determine whether you are engaging in unlawful activity or violating these Terms of Use;
d) to comply with a legal obligation, such as preservation of evidence; or
e) the need for the Provider to comply with a request by a judicial or administrative authority, law enforcement agency or public administration;
in which case the content will be preserved for no longer than is necessary for the purposes for which it was preserved (the exact duration will be determined on a case-by-case basis). In each of the above cases, the Licence will continue until the content is completely deleted.
15. User grants the Provider permission to use, without any compensation, to use its name and profile picture as well as information about its activities taken in the Applications for marketing and promotional purposes.
VI. ORDER OF FEE SERVICES
1. Use of the Web Applications is free of charge, subject to the following:
a) The Provider may introduce limitations or exclusions to the scope of the basic functions of the Web Application made available free of charge, and may limit the frequency of free use of certain functions of the Web Application or start charging for certain existing functions and additional new functions, including the use of the Web Application without advertising;
b) The use of certain features will require the User to register and create an individual User Account, or to log in to the Web Application using the login and password already in his/her possession.
2. Downloading the Mobile Application by the User and using the basic functions of the Mobile Application is free of charge. Use of the Mobile Application in an enhanced version, within the so-called Premium Packages, is a subject of charging a fee.
3. The Provider reserves the right to limit or exclude the scope of the basic functions and new functions of the Mobile Application made available free of charge, to restrict the frequency of free use of some of the basic functions of the Mobile Application and to include some of the aforementioned functions in Premium Packages (e.g. use of the Mobile Application without advertising).
4. Paid Mobile Application features within the Premium Packages are only available to a registered and logged-in Mobile Application User, upon payment of a Subscription in one of the 3 available variants: monthly Subscription, 6-monthly Subscription and 12-monthly Subscription. Subscriptions may be of a self-renewing nature.
5. Placing an order for a Premium Package is done through an authorised reseller of the Provider’s products, i.e. Google Play mobile application shop, which sells the Provider’s products on its own account.
6. Ordering the Premium Package is made by selecting the variant of the Premium Package from the relevant Premium Package options visible in the Mobile Application as described in the Price List, selecting the Subscription variant as well as following the instructions provided to the User in the Mobile Application and paying the Subscription as set forth in the Google Play Terms of Service available at https://play.google.com/intl/pl_pl/about/play-terms/.
7. The order of a Premium Package is automatically verified by the Google Play mobile application shop, which confirms to the User that the order has been placed correctly and that the User has been granted access to the Premium Package of the Mobile Application and the period for which the Premium Package was made available.
8. The Google Play Mobile Application Store proceeds with the processing of the order for the Premium Package upon receipt of payment for the Subscription, paid by the User in accordance with the separate payment terms set forth in the Rules of the Google Play Mobile Application Store, carried out as part of the payment methods available within the Google Play Payment Center, including payment service providers selected by Google – Google partners. If you use online payment providers, you may need to accept the terms and conditions of their respective service providers.
9. The payment of the Subscription fee is tantamount to granting the User a licence to use the Application under the conditions specified in section VII of these Regulations.
10. The Subscription Term each time starts on the first day after the Provider grants access, and ends on the last day of the period for which the Subscription was purchased under the available variants, excluding the self-renewal subscription.
11. If the User purchases a self-renewing, periodic subscription to the Premium Package from the Google Play mobile application shop, the User’s purchase account will be periodically charged with a subscription fee corresponding to the amount of the Subscription for the chosen length of the subscription period as set forth in the Price List until the User cancels the subscription. Otherwise, upon expiry of the initial subscription period and each subsequent subscription period, the subscription purchased by the User shall be automatically renewed for the next same period, even despite the simultaneous termination of the Application Account or deletion of the Application from the User’s mobile device.
VII. COPYRIGHT AND LICENSE
1. The Provider shall hold the proprietary copyrights and subsidiary rights to the Application and the ownership rights to the databases created by means thereof.
2. With respect to the Mobile Applications, upon payment of the Subscription fee, the Provider, acting under the authorisation of the Provider and pursuant to a separate agreement, an authorised reseller of the Provider’s products,
i.e. Google Play mobile application shop, which sells the Provider’s products, grants the User a licence to use the Application under the terms set forth in the Google Play Terms of Service, available at https://play.google.com/intl/pl_pl/about/play-terms/.
3. With respect to Web Applications, upon commencement of use of the Web Application and only for the duration of such use, the Provider grants the User a licence to use the Web Application within the following fields of use:
a) use of the Application with respect to certain of its functionalities (if a fee is introduced, the use of certain functionalities, and thus the licence for them, will be subject to payment or registration),
b) temporary reproduction,
c) to display and enter information in accordance with the available functionalities.
4. On the basis of the licence granted, the User is not entitled to:
a) grant sub-licences;
b) to obtain information in any way on the internal structure as well as on the operating principles of the Application;
c) to change the layout, translate, adapt or make any other changes to the Application;
d) to infringe the Provider’s rights concerning the protection of databases.
VIII. PERSONAL DATA
1. The Provider is the administrator of the Users’ personal data. The processing of personal data takes place for the purpose of providing the services offered by the Provider through the Application.
2. The legal basis, purpose, scope and duration of the processing of personal data and the rights Users have in relation to the processing of their personal data, as well as other important information regarding the principles of personal data processing are detailed in the Trucker Apps Privacy Policy available at: https://truckerapps.eu/en/privacy-policy/ and in the description of the Mobile Application in the Google Play shop and directly in the “About the Application” tab of the respective Mobile Application. Data is collected and processed by the Provider in accordance with the Trucker Apps Privacy Policy.
3. The User may give separate consent for the Provider to process the data
uploaded by the User in the Application for the purpose of market research as well as the behaviour and preferences of service users, with the results of such research being used to improve the quality of the services provided by the Provider.
IX. PROVIDER’S RESPONSIBILITY
1. The Provider maintains ongoing supervision of the technical functioning of the Application and ensures that it operates correctly. However, the Provider does not guarantee the permanent availability of all functionalities of the Application, or their error-free operation.
2. The User uses the Application voluntarily and at his/her own risk – including without limitation the Provider’s liability for:
a) damages, lost benefits resulting from infringement of third party rights by the Users;
b) damages, lost benefits resulting from disruptions in the availability of all or particular functionalities;
c) services, applications and websites provided by third parties;
d) Correctness or compliance with the real state of the data provided in the Applications by the Provider.
3. The Provider shall not be liable for limitations or technical problems in data communications systems used by Users’ mobile devices, which prevent or restrict the use of the Website or Application, and the services offered through them.
4. The Provider shall not be responsible for any non-performance or undue performance of services by telecommunications operators, with whom the User has concluded agreements, which prevent or hinder the correct operation of the Provider’s Application.
5. The data presented in the Application are provided to the Provider by other entities, and therefore the Provider shall not be liable for the correctness, accuracy or compliance with the actual state of such data. The information presented in the Application may only serve as supplementary information. Thus, the Provider shall not be liable for consequences of decisions taken on the basis of the information contained therein. The Provider points out that the information contained in the Applications and on the Website, despite the Provider’s due diligence, may differ from the actual data.
X. TERMINATION OF USE OF SERVICES AND RIGHT OF WITHDRAWAL
1. Users may stop using the Application at any time. There is no minimum duration for the parties’ obligations with respect to the use of the Application, except for the obligations, if any, resulting from the agreement that the User has concluded with Google Play for the provision of digital content concerning the use of the Mobile Application within the range of the Premium Packages purchased by the User.
2. The User may terminate the agreement for the use of the Application at any time by deleting the Account from the Web Application or by deleting the Mobile Application from the User’s mobile device, whereby deletion of the Account shall constitute termination of the licence agreement for the use of the Application concluded with Google Play and shall result in the loss of access to the Account and use of the Application, but does not constitute cancellation of the subscription pursuant to section VI. 11 of the Regulations.
3. In the event of finding that the User performs actions prohibited by law or these Terms of Use, or actions violating the rules of social coexistence, or harming the Provider’s justified interests, in particular the Provider’s good name, the Provider may take all legally permitted actions, including restricting the User’s ability to use the Application and the services provided through it.
4. The Provider reserves the right to suspend, at any time and for any reason, the operation of the Application, as well as to change, withdraw or add new functionalities provided through the Application.
5. The User has the right to withdraw from the contract for purchase of the Premium Package concluded with Google Play within 14 (fourteen) days, subject to the rules set forth in the Google Play Terms of Service, available at https://play.google.com/intl/pl_pl/about/play-terms/. In the aforementioned document, the User will also find detailed rules for payments, cancellations and returns. Withdrawal from the sales agreement shall also be deemed a withdrawal from the licence agreement for the use of the enhanced functionalities of the Application within the scope of the Premium Package.
XI. CHANGE OF THE REGULATIONS AND PRICE LIST
1. The Provider reserves the right to amend the Terms and Conditions particularly in case of occurrence of at least one of the following important reasons:
a) a change in the law governing the provision of electronic services by the Provider affecting the mutual rights and obligations set out in the Terms of Service;
b) necessity to adjust the Provider’s activity to the orders, judgements, provisions or guidelines resulting from: a decision of a public administration body applicable within the scope of the Provider’s activity, affecting mutual rights and obligations set out in the Terms of Service or a court ruling applicable within the scope of the Provider’s activity, affecting mutual rights and obligations set out in the Terms of Service;
c) change in the manner of electronic provision of services by the Provider due exclusively to technical or technological reasons (in particular, update of technical requirements);
d) a change in the scope or principles of provision of services by the Provider, to which the provisions of the Terms of Use apply, through introduction of new, modification or withdrawal of existing functionalities or services covered by the Terms of Use by the Provider
e) merger, demerger or transformation of the Provider or change of other data of the Provider.
2. Subject to clause 4, amendments shall become effective upon publication of
the amended text of the Terms and Conditions in the Application, i.e. on the website of the Web Application https://truckerapps.eu/en/trucker-apps-regulations/ and in the “About” tab of the Mobile Application. Change of contact data (including electronic addresses and website addresses) indicated in the ToS or obvious misspellings, as well as adding new functionalities, do not constitute amendment to the ToS.
3. The Google Play Mobile Application Store has the right to change the Price List at any time on the terms set out in the Terms of Use of the Google Play Service available on the website: https://play.google.com/intl/pl_pl/about/play-terms/. Any changes to the Price List will be made available to the Users in the “Subscriptions” tab in the Google Play mobile application store.
4. Changing the Price List will not change the price paid before the subscription change comes into force.
5. The Provider is entitled to introduce periodical discounts, promotions and other temporary reductions of rates from the Price List. These changes do not constitute an amendment to the Price List within the meaning of section 3 and do not result in the possibility of terminating the agreement.
XII. COMPLAINTS
1. The Provider shall ensure the availability and full and effective accessibility of the current resources of the Mobile Application at a level of 90% per month.
2. The basis and scope of Google Play’s liability towards the User for
non-compliance of the operation of Google Play or the Mobile Application with the concluded agreement on the provision of digital content or the licence agreement are set forth in generally applicable legal regulations and in the Terms of Use of the Google Play service, available at https://play.google.com/intl/pl_pl/about/play-terms/.
3. The basis and scope of the Provider’s liability towards the User for failure to ensure availability of the Application functionality and non-compliance of the content contained in the Application with the law, the concluded agreement on the use of the Application, or the licence agreement are set forth in generally applicable legal regulations and the following provisions of the Terms of Use.
4. In the event of finding the inconsistencies specified in Subparagraph 3 and in the event of sending a complaint to the Provider, the User should send information about such fact by mail to the address at st. Wrocław (53-146), ul. Racławicka 2-4, Poland, or by e-mail to info@truckerapps.eu. In the notification it is recommended to indicate the inconsistency which the User believes the Application has, and if possible to document such inconsistency, the date of occurrence of such inconsistency and request the manner of bringing the service into conformity with the agreement in accordance with Article 560 et seq. of Polish Civil Code and provide contact details. The above requirements are recommendations, their lack does not affect the effectiveness of the complaint.
5. The Provider shall respond to the claim within 14 days from receiving it. Lack of the Provider’s response within the aforementioned period shall mean that the Provider has acknowledged the complaint as justified.
6. Detailed information about the possibility to use out-of-court complaint handling and claim investigation procedures by the User being a Consumer, as well as the rules of access to these procedures are available at the headquarters and websites of district (city) consumer ombudsman, social organisations whose statutory tasks include consumer protection, Polish Voivodeship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
● http://www.uokik.gov.pl/spory_konsumenckie.php;
● http://www.uokik.gov.pl/sprawy_indywidualne.php;
● http://www.uokik.gov.pl/wazne_adresy.php.
7. The User being a Consumer has in particular (but not exclusively) the following exemplary possibilities of using the out-of-court ways of complaint handling and claim investigation.
8. The User shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Polish Act of 15 December 2000 on Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668 as amended) with a request to resolve a dispute arising from the concluded Sales Agreement. The Polish Rules of Procedure for the organisation and operation of permanent amicable consumer courts are set out in the Ordinance of the Minister of Justice of 6 July 2017 on defining the Rules of Procedure for the organisation and operation of permanent amicable consumer courts at provincial trade inspection inspectors. (Journal of Laws of 2017, item 1356).
9. The User is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668 as amended), for an out-of-court settlement of a dispute between the User and the Provider. Information on the rules and procedure of mediation conducted by the provincial inspector of the Trade Inspection is available in the offices and on the websites of the individual provincial inspectorates of the Trade Inspection.
10. The user may file a complaint via the ODR Internet platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information about the forms of out-of-court settlement of disputes that may arise between traders and Consumers.
XIII. FINAL PROVISIONS
1. By using the Application you agree to the wording of these Regulations.
2. These Terms of Use shall be effective in the version published on https://truckerapps.eu/en/trucker-apps-regulations/.
3. Any disputes with entrepreneurs arising out of these Terms of Use shall be resolved by a competent court for the Provider’s registered seat.
4. Amendments to the Terms of Service come into force as of the date of their
publication on the website indicated in section 2 above.
5. In matters not regulated by these Regulations the relevant provisions of Polish law shall apply.
Appendix No. 1 – Data provided by the Users TransParking application:
1. Providing location data POI (coordinates) of car parks and parking spots (Parking Spot) during:
a) adding car parks
b) Editing of car parks
2. Deletion of invalid / erroneous car parks.
3. Data related to parking fee / parking space information
4. All data related to parking facilities – Facilities e.g. (but there can be more – examples given)
a. Parking area security
I. Fencing
II. lighting
III. monitoring
IV. security
V. Dangerous goods
b. Comfort
I. accommodation
II. electricity
III. toilet
IV. wifi
V. shower
VI. medical point
VII. gym
VIII. kitchen
IX. water
X. laundry
c. Infrastructure
I. car wash
II. workshop
III. ATM
IV. shop
V. currency exchange office
VI. >25m
VII. purchase of pallets
VIII. CB service
IX. Tacho service
X. Psychotests
XI. Autohof
d. Number of parking spaces
e. Parking location data including city / address / coordinates
5. Data related to the names and locations of Petrol Stations
6. Data relating to the names and locations of Restaurants / Bars
7. Information on acceptance of fuel cards at a given station / car park and the type of these cards. (Now we provide this data, but it is possible that in the future users will provide it
a. Entertainment (will be in the future) – DISCO, Gambling
8. Photos added by users to car parks (add photos of restaurants, car parks, toilets etc.)
9. Parking comments
10. Parking ratings
11. All user data (photo, nickname) – when adding a car park / commenting on a car park, rating, we show who added this information
12. Users are publicly ranked as persons who give us the most data, hence their nickname
and photo is publicly ranked
13. Data related to parking occupancy.
Bans For Trucks: – possibility to change the email and avatar of the User
Data transfer:
a. on invalid bans;
b. of new bans;
c. missing bans.