Terms of Service

 

§ 1 Definitions

 

The terms used in these Terms of Service have the following meaning:

  1. iParkomat – a website available online at the address (domain) www.iparkomat.com, offering a database together with algorithms for searching the information contained therein;
  2. User (or You, Your etc.) – an entity that meets the conditions stated in the Terms and registers for an Account. In specific situations, the User may be either a Host or a Guest.
  3. Host – a User who listed an Offer, meaning a statement containing an offering or proposal to conclude an Parking Spot sharing agreement via iParkomat;
  4. Guest – a User who concluded a Parking Spot sharing agreement with the Host via iParkomat;
  5. Registration – a procedure used to create an Account;
  6. Account – a set of data for a particular User and their activities at iParkomat, created, maintained and processed by iParkomat sp. z o.o. and bearing a unique name assigned by the User upon registration (Login);
  7. Account – a set of data for a particular User and their activities at iParkomat, created, maintained and processed by iParkomat sp. z o.o. and bearing a unique name assigned by the User upon registration (Login);
  8. Account Verification – confirming the reception of an email sent to an e-mail address that entered by you during registration;
  9. Parking Spot/Space – a parking spot in a garage or any other distinct location that can be accessed from a public road and accommodate a Vehicle;
  10. Rating/Review/User Reliability Rating – the rating level of each User which is a result of, among others, the intensity of their activities at iParkomat, previous relationships with other Users and – in case of a Host – the assessment of the offered Parking Space. The Rating is assigned to an Account and affects the amount of commission collected by iParkomat for sharing a specific Parking Space;
  11. Minimum Rating – a minimum Guest rating, not lower than stated by the Host in their Offer, that allows the Guest to conclude an agreement with the “Order Now” option.
  12. Settlement Period – the period for which a Parking Spot is shared in consideration for a fee paid by the Guest in advance, at least 7 and at most 30 calendar days;
  13. Fee – the amount stated in an Offer listed at iParkomat, consisting of:
    1. Remuneration due to the Host for sharing the Parking Space under an agreement concluded by the Users for the entire agreed sharing period (subject to the provisions of par. 4, item 2, point 1), or – when the Parking Space is shared more than 30 days – a part of such Remuneration, where Remuneration due for an Offer listed at iParkomat is also called a “price”, and
    2. in cases specified in these Terms, also the One-time Deposit Fee;
  14. Commission – remuneration due to iParkomat sp. z o.o. from the Host for successful conclusion of a Parking Spot sharing agreement thanks to using the Parking Sport database maintained in the iParkomat service. The amount, manner of calculation and means of collecting the Commission are stated in detail in these Terms;
  15. Terms - these iParkomat Terms of Service;
  16. Consumer – a User who is a natural person and uses iParkomat for purposes not related to their activities as a trader, entrepreneur, craftsman or professional;
  17. iParkomat sp. z o.o. – iParkomat Sp. z o.o. having its registered seat in Warsaw, at: Aleja Wilanowska 208, room 32, 02-765 Warszawa, entered into the register of entrepreneurs maintained by the Capital City of Warsaw, 13th Economic Division of the National Court Register, under the number KRS 0000495011, REGON number 147067042, NIP number 5213664927.

 

§ 2 Users and Registration

 

  1. A User may be a natural person with full capacity for legal transactions, a legal person, or an organizational unit without legal personality which is granted such personality by a statute, subject to par. 3, item 5. Registration on behalf of legal persons and organizational units may be effected solely by a natural person authorized to represent that legal person or organizational unit or by a natural person who has been granted a power of attorney by such entities.
  2. To register, you need to complete the registration form and give your e-mail address and password. The e-mail will also serve as your Login, a name used in connection with the password to access your Account and iParkomat functionalities. The e-mail address mentioned in the previous sentence may not be an address already used to register another Account. To undertake activities at iParkomat (list and browse Offers containing proposals or offerings of sharing a Parking Spot) as a Host or Guest, you subsequently need to submit additional data, with the exception that, when Registration is made through Facebook, some of your data will be supplied automatically to the iParkomat Account by Facebook:

    1. for natural persons:
      1. first name,
      2. last name,
      3. phone number,
      4. address,
      5. bank account number (not obligatory, but required to make payments to you),
      6. Tax Identification Number (not obligatory, but required if you are a VAT payer),
    2. for legal persons or organizational units without legal personality:
      1. name (trade name) of the entity,
      2. legal form,
      3. seat of the entity,
      4. address of the entity,
      5. bank account number (not obligatory, but required to make payments to you),
      6. NIP number,
      7. first and last name and phone number of the person making the Registration on behalf of the legal person or organizational unit,
      8. a second phone number (not obligatory),
      9. a statement made by the person making the Registration and performing other activities at iParkomat that they are the person referred to in item 1, second sentence of this paragraph..
  3.  If any doubts arise concerning the Registration and other activities at iParkomat, especially with respect to:
    1. the accuracy of information given by you,
    2. the power of attorney of the person making the Registration and undertaking other activities to act your behalf,
    3. the identity of the person making the Registration or undertaking other activities at iParkomat,

    iParkomat sp. z o.o. may withhold the use of iParkomat until you or persons who represent you have submitted explanations, confirmations and other necessary statements, or produced the appropriate documents. In the circumstances referred to in the preceding sentence, the Account may also be suspended or your access to iParkomat functionalities may be restricted.

  4. The Account you created at iParkomat during Registration is available upon entering the Login and password (logging in). Upon Registration, an agreement whose contents is specified in these Terms is entered into by you and iParkomat sp. z o.o. Following Registration, you may verify your Account.
  5. If you are a Consumer, you may withdraw from the agreement without stating the reasons within 14 days from the date on which you entered into the agreement referred to in item 4 of this paragraph with iParkomat sp. z o.o., by making an appropriate statement in electronic form (for example by sending an e-mail to contact@iparkomat.com) or in writing. You may also submit any other unequivocal statement containing your decision to withdraw from the agreement. To observe the deadline it is sufficient to dispatch the letter or statement before the deadline has elapsed. You are not entitled to withdraw from the agreement if you have commenced to use the serviced offered at iParkomat, that is if you listed an Offer or undertook activities aimed at accepting the proposal or offering contained in the Offer of another User.
  6. If the information you gave during Registration and subsequent activities at iParkomat changes, you should immediately update such information on your Account by means of an appropriate form at iParkomat or, if the data cannot be changed with the form, by informing iParkomat sp. z o.o. about the changed data in writing or by e-mail sent to: contact@iparkomat.com.
  7. If you do not register an Account, you may use iParkomat, but cannot list Offers or accept an offering of proposal made in an Offer by another User.
  8. An entity may have only one iParkomat Account.
  9. If you register their Account and undertake subsequent activities at iParkomat by giving information that is not true (in particular as regards your first and last name or the name of the legal person or organizational unit), or if you undertake activities on behalf of another person without being a power of attorney to do so, you are liable for any activities you undertake at iParkomat.
  10. If there is reasonable risk or certainty an Account was registered by giving information that were not true, iParkomat may suspend the provision of services to the Account in whole or in part. Such activities will, where possible, be communicated to you by e-mail, text message or phone. Provision of services may be resumed on condition that you undertake activities to explain and/or amend the untrue details.

 

§ 3 General provisions related to iParkomat

 

  1. iParkomat allows you to use a database that can be used to submit proposals or offerings of concluding Parking Spot sharing agreements (Offers), search for them and to accept them on conditions specified in these Terms. A Parking Spot sharing agreement obliges the Guest to pay the Remuneration to the Host via iParkomat sp. z o.o. and the Host to allow the Guest to access the Parking Spot at the agreed times. The Guest may use the Parking Spot solely to park their Vehicle and cannot make any alterations to the Parking Spot or share it with a third party without the consent of the Host. The Guest may use the Parking Spot solely within the time frame stated by the Host in the Offer, in particular in specified hours and on specified weekdays, except for statutory holidays.
  2. iParkomat sp. z o.o. does not act as an intermediary for agreements concluded between Users, is not a party to agreements concluded between Users and is not liable for the performance of obligations under such agreements. iParkomat sp. z o.o. informs that the rights and obligations of the parties to a Parking Spot sharing agreement are regulated by the contents of the agreement (in particular the contents of the Offer accepted by the Guest) and by generally applicable provisions of law. Likewise, iParkomat does not settle legal disputes between Users as to the fact and correctness of performing obligations under concluded agreements, in particular as to whether a Guest is obliged to pay the Remuneration to a Host; iParkomat sp. z o.o. does, however, facilitate contacts between the Users with respect to filing mutual claims and agreeing positions, and may undertake mediation efforts.
  3. By using iParkomat, and in particular by posting Offers and accepting the proposals or offerings contained therein, you make solemn and legally binding statements.
  4. iParkomat offers the following means of concluding a Parking Spot sharing agreement:
    1. Offer with an “Order Now” option (Offer with an offering of concluding a Parking Spot sharing agreement) that allows you to conclude an agreement as soon as you accept the contents of the Offer and pay the entire Fee for the Settlement Period.
    2. Offer with the “Booking” option ((Offer with an offering of concluding a Parking Spot sharing agreement), in which, after the Offer contents is accepted, one or more Users (potential “Guests”) offer to conclude the appropriate agreement and the Host indicates whether they wish to conclude an agreement with one of these Users; the agreement is then concluded as soon as you are selected and pay the entire Fee for the first Settlement Period.
  5. Users that conduct economic activities consisting in regularly offering parking spots for a fee, in particular entities operating paid parking lots, cannot post Offers at iParkomat. This prohibition does not apply to Users who do not deal in the activities referred in the preceding sentence in a predominant manner.
  6. The technical requirements which you must meet to use the iParkomat sp. z o.o. ITC system are as follows:
    1. an Internet browser supporting HTML5 and CSS;
    2. the Adobe Flash Player plugin,
    3. enabled Javascript support,
    4. enabled cookies,,
    5. recommended resolution 1024x768 or larger (490 pixels for smartphones),
    6. a browser supporting the UTF-8 encoding..
  7. This agreement between you and iParkomat sp. z o.o. is governed by Polish law, with the reservation that according to par. 18, if your place of residence or seat lies outside the European Union, the governing law is the law of the state of New York. However, if you are a Consumer and this agreement is governed by the law of another jurisdiction the under appropriate generally applicable provisions of law and grants you rights in excess of those available under Polish law or these Terms, iParkomat sp. z o.o. will fully respect these rights.
  8. The choice of governing law specified in item 7 of this paragraph does not apply to Parking Spot sharing agreements concluded by you and another User via iParkomat.

 

§ 4 Offer

 

  1. You may list your Offer free of charge.
  2. To list an Offer, you need to do the following:
    1. fill out the form available at iParkomat that contains the terms of the agreement you propose to conclude, in particular a description of the Parking Spot, the sharing time (weekdays or hours) in which the Parking Spot is available, the amount of remuneration for one day of Parking Spot sharing (however, remuneration is due only for the number of days on which a Guest is authorized to use the Parking Spot according to the agreed sharing time, including statutory holidays), and the location of the Parking Spot (Offer Contents),
    2. give additional details on yourself and verify your account (if you did not do so already),
    3. indicate whether your Offer is listed with the “Order Now” option, and if so, specify the minimum User Rating that allows the use of this option (in such case, Users whose Rating is lower than specified may answer the Offer on conditions specified for an Offer with the “Booking” option).
  3. Performing the actions referred to in item 2 of this paragraph is equivalent to:
    1. a statement of the Host that the Offer listed by them does not violate the provisions of law and these Terms, in particular the provisions of item 4, 6 and 8 of this paragraph and item 3 of paragraph 5, and that the Host exercised due care to determine the legal status of the Parking Spot and verified the Offer Contents, especially having item 7 of this paragraph in mind,,
    2. consent of the Host to share with the Guest, when the agreement is concluded, the following information found on the Host's Account: e-mail address, mobile phone number, first and last name, address and other detailed information allowing the Guest to find the Parking Spot and use it during the term of the Parking Spot sharing agreement, and in case of organizational units, also information identifying the unit which was supplied during Registration.
    3. consent of the Host to grant to iParkomat sp. z o.o. a power of attorney to issue and serve to the Guest an electronic bill on behalf of the Host. The bill is used to confirm that the Guest paid the Remuneration due for a particular Settlement Period to the Host via iParkomat sp. z o.o.
    4. consent that iParkomat sp. z o.o. may issue an electronic VAT invoice for the Commission due from the Host and pay the Commission in electronic form.
  4. If you are a Consumer, your consent and acknowledgment that you waive your right to withdraw from the agreement when you list an Offer at iParkomat.com.
  5. The information given by the Host in the Offer Contents referred to in item 2, point 1 of this paragraph should be exhaustive and match the legal and actual circumstances. In particular, the Parking Spot should be described so as to state at least its exact location and, if photos are enclosed with an iParkomat Offer, its appearance. If legal provisions impose an obligation to provide specific information in an offer to conclude an agreement, you are obliged to specify such information in the Offer Contents; this applies in particular to information required by provisions concerning the conclusion of agreements with consumers.
  6. In the Offer, you should provide information about the features of the Parking Spot by choosing from a list of typical features found at iParkomat or entering other characteristic features, subject to the right of iParkomat sp. z o.o. to change the Offer in this respect as provided for in par. 6, item 3.
  7. Information found in the Offer Contents is limited to a proposal to conclude a single Parking Spot sharing agreement. In particular, you may not provide in the Offer Contents any information of an advertising character or information concerning the Host, including details that allow the Guest to contact the Host outside iParkomat.
  8. Before confirming the information given in the Offer Contents form, you should check it thoroughly, in particular with a view to errors and discrepancies, bearing in mind that listing an Offer at iParkomat leads to making a binding proposal of concluding an agreement whose contents results from, among others, the Offer Contents.
  9. You may only list Offers concerning Parking Spots that:
    1. you may share with third parties without violating the rights of other third parties and provisions of law,
    2. you can actually share with another User.
  10. Your Offer is listed at iParkomat (and can be viewed by anyone visiting the website) when you complete the actions listed in item 2 of this paragraph.
  11. By listing an Offer at iParkomat you consent to its publication for promotional purposes at iParkomat and other websites.
  12. The Offer Contents may be changed by the Host. Changes made after another User has submitted a statement of accepting the proposal or offering to conclude the agreement stated in the Offer are ineffective with respect to that User, and in particular if an agreement is concluded its content is defined by the Offer Contents existing at the time of making the statement.

 

§ 5 Conclusion of the Parking Spot sharing agreement

 

  1. In case of Offers with the “Order Now” option, you express your intention to conclude a Parking Spot sharing agreement by selecting a particular Offer available at iParkomat and:
    1. using the “Order Now” option,
    2. filling out a form with additional details on yourself (if you did not do so already),
    3. paying the Fee for the first Settlement Period in the manner indicated at iParkomat.
  2. In case of Offers with the “Booking” option, you express your intention to conclude a Parking Spot sharing agreement by selecting a particular Offer available at iParkomat and:
    1. using the “Booking” option,
    2. filling out a form with additional details on yourself (if you did not do so already),
    3. paying the Fee for the first Settlement Period in the manner indicated at iParkomat, but only when the Host accepts your offer according to item 3.
  3. In case of Offers referred to in item 2 of the paragraph, if you perform the actions listed in points 1 and 2 of item 2, the Host will receive a notification that another User expressed their intent to conclude an agreement according to the Offer Contents. The Host may then accept your statement via iParkomat or by responding to the notifying e-mail. When the Host has accepted the offer, the selected User will receive a notification of this fact and needs to make a payment in the amount referred to in item 2, point 3 by the date set by iParkomat in order to conclude the agreement.
  4. An agreement is concluded upon making the payment in the amount and by the deadline specified in item 1, point 3 or item 2, point 3. If you are a Consumer, performance of the actions referred to in the preceding items is equivalent to your consent and acknowledgment that upon concluding a Parking Sport sharing agreement you waive your right to withdraw from the agreement with iParkomat sp. z o.o. referred to in par. 2, item 5.
  5. The agreement may be concluded for any period, not shorter than 7 days, except that the legal relationship between the parties is terminated if the Guest defaults on subsequent payments referred to in item 6.
  6. The Guest is obliged to pay the Remuneration for subsequent Settlement Periods not later than 3 days before the commencement of a Settlement Period. Defaulting on payment by this date causes the termination of the legal relationship between the parties as of the close of the current Settlement Period (termination of the Parking Spot sharing agreement) and decreases the Rating of the Guest.
  7. The Guest may make a payment by means of a transfer to the bank account of iParkomat Sp. z o.o. via the PayU or PayPal service, and in particular is obliged to fill out the configuration form in the PayU or PayPal section, as the case may be, of the iParkomat website, confirming their personal details, address, bank account number and other data required for their identification..
  8. The Guest consents that:
    1. upon concluding the Parking Spot sharing agreement, the Host will receive the following information found on the Guest's account: first and last name, e-mail, mobile phone number, address and all other Guest details which were not available to the Host prior to concluding the agreement.
    2. the Host will issue an electronic bill.
  9. Notices of concluding the agreement will be posted to accounts of both the Guest and Host. The notices are for informational purposes only and do not replace statements of will made by Users. Posting a notice is not necessary for conclusion of the agreement, and in particular the obligation of iParkomat sp. z o.o. to send a notice does not affect the moment of concluding the agreement according to these Terms, in particular pars. 4 and 5, and the provisions of law.
  10. The Remuneration, less any Commission due under these Terms, will be paid to the Host by iParkomat sp. z o.o. within 48 hours from the end of the Settlement Period for which it is due.
  11. The legal relationship between the parties (the Parking Spot sharing agreement) can be terminated through iParkomat at any time, but only with the joint statement of both parties.
  12. If the legal relationship is terminated, regardless of its causes, the Remuneration paid by the Guest will be transferred to the Host less any Commission due to iParkomat. The amount of Remuneration less any Commission due to iParkomat may be reimbursed to the Guest if the parties expressly and jointly declare such an intention in writing or at iParkomat.

 

§ 6 Obligations and scope of liability of iParkomat sp. z o.o.

 

    1. After concluding the Parking Spot sharing agreement, the rights and duties of Users are regulated by the contents of the concluded agreement and by effective provisions of law.
    2. iParkomat sp. z o.o. is not liable for:
      1. the performance or manner of performance of duties under an agreement concluded by Users through iParkomat,
      2. the actions of Users and third parties undertaken in response to actions of iParkomat and contrary to these Terms.
    3. iParkomat sp. z o.o. does not verify the accuracy of information found in the Offer Contents, but may, giving simultaneous notice to the Host, change the Offer Contents or its location at iParkomat if the information provided by the Host contains obvious and undoubted errors of spelling and grammar.
    4. iParkomat sp. z o.o. may suspend the posting of the Offer at iParkomat, make modifications to it (including reversion of actions of Users other than the Host) or remove it if it is found that the Offer or actions undertaken in connection with the Offer by Users violate these Terms, the provisions of law or good manners. The above also applies when a third party demonstrates to a reasonable extent that the Offer violates any rights vested in that party, in particular any rights to real estate on which the Parking Spot is located that are effective versus the rights of the Host or when the Host does not have any rights to use the real estate.
    5. iParkomat sp. z o.o. informs that removal, suspension or modification of the Offer does not affect any legal consequences arising according to generally applicable provisions of law through actions of Users undertaken prior to the removal, suspension or modification of the Offer.
    6. When an Offer is removed or suspended, posting comments is no longer possible.

 

§ 7 Your duties and consequences of violation

 

  1. You are obliged to use iParkomat in compliance with the provisions of law, good manners, these Terms and settle income resulting from sharing agreement with respect to tax regulations.
  2. You cannot use the Accounts of other Users or make your Account available to them, in particular by giving them your Login and password. Anyone who makes their Account available to another person is liable for actions of that person at iParkomat as for their own actions. You should observe the secrecy of your Account password. An Account cannot be transferred to another entity without the consent of iParkomat sp. z o.o.
  3. An Account may be temporarily suspended or limited in accessing certain iParkomat functionalities in the following circumstances:
    1. when your actions violate the provisions of these Terms or may bring the good name of iParkomat into disrepute.
    2. when doubts have arisen as to the accuracy of information given by you during Registration and your subsequent actions at iParkomat, the power of attorney of the person performing the Registration and using the Account on your behalf, or the identity of the person performing the Registration or subsequent actions at iParkomat, or when there is a need to obtain explanations or confirmations concerning the Registration and other actions at iParkomat from persons granted a power of attorney to represent you.

    In the case referred to in point 2 of this item, restoring full access to the Account will occur within 7 days from the date on which you remove the doubts or submit the required explanations and confirmations. In the case specified in point 1, full access will be restored when iParkomat sp. z o.o. accepts your pledge to cease the violations specified therein, unless iParkomat sp. z o.o. decided to delete your Account as provided for in par. 8.

  4. A suspended Account allows you solely to access information found on the Account, including any concluded agreements, and pay the Remuneration and perform other actions related to an already concluded agreement. iParkomat sp. z o.o. may also delete all your Offers from iParkomat if your Account has been suspended due to the contents or character of at least one of your Offers.
  5. If your Account is suspended, you cannot register a new Account.

 

§ 8Deletion of an Account (termination of legal relationship between you and iParkomat)

 

  1. You may terminate your legal relationship with iParkomat sp. z o.o. by sending an appropriate notice to iParkomat sp. z o.o. If a Parking Spot sharing agreement is in effect, termination of your legal relationship with iParkomat occurs with the close of a 30 days' period of notice and does not release you or any other User of iParkomat sp. z o.o. from obligations previously contracted under a concluded Parking Spot sharing agreement, and in particular does not release the Host from the obligation to pay the Commission due until the last day of the Parking Spot sharing agreement (Termination of the Agreement).
  2. If you make the statement referred to in item 1 of this paragraph, your account will be deleted, unless one of the following occurs: you have listed an Offer and not deleted it, a Parking Spot sharing agreement is in effect, you have a claim to be paid a pecuniary amount or you are obliged to make a payment to iParkomat sp. z o.o. or another User, in which case iParkomat sp. z o.o. will continue to process your data and provide it to other Users as stated in these Terms in order to perform the obligations of iParkomat towards these Users, especially as regards its duties as an agent for paying the Remuneration.
  3. iParkomat sp. z o.o. informs that Termination of the Agreement has no effect on legal consequences arising under generally applicable provisions of law and these Terms due to actions of Users undertaken prior to termination. Likewise, Termination of the Agreement has no effect on the existence and contents of mutual rights and duties between iParkomat sp. z o.o. and you due to actions undertaken prior to Termination, in particular the duty to pay the Commission on concluded agreements, including Commission not yet due at the moment of Termination but which will be due in the future according to the provisions of par. 5, item 6 of these Terms.
  4. iParkomat sp. z o.o. may terminate the legal relationship between the parties by sending a notice at the e-mail address you gave during Registration if there important reasons to do so, and especially if:
    1. your Account was Registered in violation of par. 7, item 5 of the Terms,
    2. you have violated the provisions of these Terms, good manners or provisions of law,
    3. your Account was registered or your details given or changed using information that is untrue or by a person not authorized to represent you,
    4. your Account was suspended for reasons stated in par. 7, item 3, point 2 and iParkomat sp. z o.o. did not obtain the required confirmations, explanations and details.
  5. your Account was suspended for reasons stated in par. 7, item 3, point 2 and iParkomat sp. z o.o. did not obtain the required confirmations, explanations and details.
  6. In cases specified in items 4 and 5, the legal relationship between the parties ceases immediately and the Account is deleted not later than within 30 days.

 

§ 9 Commission

 

  1. Services provided by iParkomat sp. z o.o. via iParkomat are paid services governed by rules specified in these Terms and Appendix no. 2..
  2. In consideration for successful conclusion of a Parking Spot sharing agreement between Users with the use of the Parking Spot database maintained in the iParkomat service, a Commission due to iParkomat sp. z o.o. is deducted from payments made to the Host. The amount of Commission for each service and the rules of collection are specified in Appendix no. 2 to these Terms. iParkomat can lower the amount of Commission at any time and reason informing in any way iParkomat Users. Any amount of Fee in excess of the amount of Commission is not due to iParkomat sp. z o.o. which acts only as an agent transferring the payment due to the Host from the Guest.
  3. iParkomat sp. z o.o. The Commission is also due in cases where as a result of listing an Offer at iParkomat:
    1. an agreement is concluded outside iParkomat whose contents is identical or similar to the contents of the Parking Spot sharing agreement between Users or former Users, if these persons had formerly booked an Offer as specified in par. 5, item 2 or a new Parking Spot sharing agreement is concluded via iParkomat for the same Parking Spot, unless the agreement was not concluded as a result of listing an Offer at iParkomat,
    2. an agreement is concluded outside iParkomat whose contents is identical or similar to the contents of the Parking Spot sharing agreement between a third party and a User or former User who listed an Offer at iParkomat with an offering or proposal to conclude a Parking Spot sharing agreement if the agreement concluded outside iParkomat applies to that Parking Spot, unless the agreement was not concluded as a result of listing an Offer at iParkomat.

    In the above cases, the person obliged to pay the Commission is the person who listed the Offer at iParkomat, and the amount of Commission is determined as per these Terms, based on the average Remuneration for one day of sharing a Parking Spot as set in other agreements concluded by that person via iParkomat. If the person did not yet conclude any agreements via iParkomat, the Commission is based on the average Remuneration stated by that person in their Offers.

  4. The Commission is due for the entire time for which the parties are bound by the agreement referred to in points 1 and 2 of the preceding item, not longer however than for one year from the last day on which the Offer was available at iParkomat. The Host may, at their request, be issued a VAT invoice by iParkomat Sp. z o.o. The invoice serves as a confirmation that the Commission has been collected by iParkomat sp. z o.o.
  5. Payments may be made solely through services offered by:
    1. PayU Spółka Akcyjna with its seat in Poznań at ul. Grunwaldzka 182, entered into the register of entrepreneurs of the National Court Register maintained by the Nowe Miasto i Wilda District Court in Poznań, 8th Economic Division of the National Court Register, under the number KRS 0000274399, NIP number 7792308495, REGON number 300523444, or
    2. PayPal (Europe) ) S.à r.l. et Cie, S.C.A. (registered in R.C.S. Luxembourg under the number B 118 349), with its official seat in L-2449, Luxembourg,

in the scope and on the rules specified in the current terms of that service, which are made available to you before you have the opportunity to make a payment.

 

§ 10 Comments and reviews

 

  1. iParkomat allows Users to post verbal or graphical comments and reviews concerning the agreements concluded by them. You may post only a single comment and a single review for each Parking Sport sharing agreement to which you are a party.
  2. Your comments and reviews may concern only the manner of performing the agreement, including the features of the Parking Space and the course of cooperation between the parties. In particular, your reviews may not contain:
    1. any vulgar, obscene, indecent, pornographic, hateful, racist, xenophobic or conflict-mongering content, including links and references to such content,
    2. information allowing the identification of Users and persons now or previously involved in the performance of an agreement, as well as information allowing to contact such persons otherwise than via iParkomat,,
    3. addresses of websites, including addresses of Offers listed at iParkomat,
    4. advertising and promotional content.
  3. Reviews should be written in a legible, clear and understandable manner and posted only after performance of the agreement is completed, not later however than 7 days after the completion of the agreement to which they pertain.li>
  4. Your comment or review will be made available at iParkomat and is, in particular, visible to all Users and all iParkomat visitors who are not Users. Your comments and reviews are displayed both on the iParkomat page containing Offer details and on the Accounts of Users to which they pertain.
  5. You are responsible for the comments or reviews you post.
  6. Your comment or reviews may be deleted from iParkomat with the consent of both Users, using a function available at the website. You may ask for a comment or review to be deleted within 60 days from the completion of the agreement to which they pertain. If you are asked to grant your consent for deletion of a comment or review, you must do so not later than within 30 days from receiving a notice about the deletion request.
  7. iParkomat may modify or delete comments and/or reviews and their locations in specific circumstances which include the following:
    1. the comment or review is contrary to the provisions of these Terms,
    2. the content or nature of the review contain obvious mistakes,
    3. the review is unreadable.
  8. You may mark your review as positive, negative or neutral. Comments allow to assess the correct performance of the Parking Spot sharing agreement by the Host or Guest at a scale from 1 to 5, taking into account the following parameters: compliance of the Parking Spot with the Offer Contents, quality of relationship with and manners of the other party, and time of sharing and releasing the Parking Spot by the other party.

 

§ 11 Rating

 

  1. Your rating affects the your access to specific iParkomat functionalities and the amount of Commissions collected by iParkomat.
  2. Your rating is influenced by the way you behave at iParkomat. Using iParkomat in a manner compliant with these Terms has a positive influence, while negative consequences will follow in particular from your failure to perform specific actions, violations of these Terms, and actions contrary to the interest of other Users of iParkomat sp. z o.o.
  3. Your rating may be lowered in particular in the following circumstances:
    1. violating the provisions of these Terms and provisions of law,
    2. having a negative review posted by another User as regards your performance of a Parking Spot sharing agreement you concluded with them,
    3. failing to post a comment or review after completing an agreement,
    4. in case of the Host, failing to repost the Offer after 3 days have elapsed from the end of the Parking Spot sharing agreement term.
    5. engaging in behavior contrary to good manners or rules of social conduct.

 

§ 12 Complaints

 

  1. You may file a complaint if you believe that iParkomat sp. z o.o. failed to perform or improperly performed its duties specified in these Terms and the provisions of law.
  2. You may file your complaint online using the contract form available at iParkomat (http://www.iparkomat.com/contact), by e-mail (contact@iparkomat.com) or in writing at the address of iParkomat sp. z o.o. stated in these Terms.
  3. In the contents of the complaint, state your Login, first and last name or business name, and details of the incorrect act or omission of iParkomat sp. z o.o. that you complain against. If necessary, iParkomat will ask you to supplement any necessary information related to the complaint.
  4. iParkomat sp. z o.o. will handle your complaint within 14 days from the date of receiving the complete complaint.
  5. An answer to your complaint will be sent as requested by you in the complaint, at your e-mail address given during Registration, another e-mail address you stated or by regular mail at the address given in the complaint.

 

§13 Reserved rights

 

  1. All materials located at iParkomat, including graphical elements, their layout and arrangement, as well as trademarks and other information, are the object of rights vested in iParkomat sp. z o.o. and are protected by law. Using these materials in any manner requires the written consent of iParkomat sp. z o.o.
  2. iParkomat sp. z o.o. does not consent to the use, collection or processing of the materials and information found at iParkomat in whole or in part, including displaying them in other websites.

 

§ 14  Protection of privacy, personal data of Users

  1. The controller of personal data of Users given during their use of iParkomat is iParkomat sp. z o.o. The set of personal data of Users has been notified to the Inspector General for the Personal Data Protection.
  2. By accepting these Terms during Registration and giving your personal data during your use of iParkomat (in particular when posting an Offer and accepting the Parking Spot sharing proposal or offering found in an Offer), you consent to the processing of your personal data by iParkomat sp. z o.o. in the scope necessary for the provision of services offered by that entity via iParkomat, on the rules contained in these Terms, and their disclosure in the circumstances and scope specified in these Terms. iParkomat sp. z o.o. collects and processes personal data of Users according to the provisions of law and of these Terms, taking care to ensure their safety and confidentiality.
  3. Certain data of Users who are natural persons are visible to everyone visiting iParkomat and other websites referred to in par. 4, item 10. These data are related to past actions undertaken by those Users at iParkomat and displayed in connection with these actions or their consequences (in particular, any Offers posted now or in the past, reviews and comments): full first name and the initial of last name, date of Registration, date of most recent activity on the Account, number of agreements concluded as a Host or Guest, number of listed Offers, including Offers that are still active, information about any Verification conducted and information on linking the Account to a Facebook account. This information will be visible in particular upon displaying Offers (both active and related to an already completed Parking Spot sharing agreement), reviews and comments, as well as in notices sent to Users upon concluding a Parking Spot sharing agreement (such data are shown, among others, in relation to a User's rating). By registering and giving your personal data you consent to the use and publication of your data in the scope given above.
  4. Users who are not natural persons will in the circumstances specified in item 3 be referred to as a “Company”, except as otherwise specified in these Terms.
  5. To use the services provided by iParkomat sp. z o.o. it is necessary to provide the details mentioned in par. 2, item 2 and details required to make a payment, as stated in par. 9, item 5.
  6. You have the right to browse, change and amend your personal data and to request their deletion. A request to delete the personal data referred to in par. 2, item 2 is equivalent to a request to delete the Account (par. 8 of these Terms). If such a request is made and your Account is deleted, iParkomat sp. z o.o. retains the right to process your personal data insofar as they are necessary to perform the duties of other parties under these Terms, in particular to settle any concluded Parking Spot sharing agreements.
  7.  iParkomat sp. z o.o. ensures the safety of processed personal data as follows:
    1. rooms in which personal data are processed are secured against access by unauthorized persons in the absence of persons authorized to process personal data,
    2. the IT system used to process personal data uses access control measures to restrict access to such data,
    3. the IT system used to process personal data is secured against actions of software whose purpose is gaining unauthorized access to the system, or against loss of data caused by a power failure or power grid disruptions,
    4. if a password is used to authorize Users, it must consist of at least 8 characters and contain lowercase and uppercase letters, digits or special characters,
    5. data transmitted between your device and iParkomat are encrypted by the following protocols:
      1. HTTP in case of the website;and HTTPS with regards to create user account, login, user profile edit, password reminder and parking space booking;
      2. SMTP in case of e-mails.
  8. The personal data of users will be made available to other entities solely in cases stipulated in provisions of law or these Terms, in particular when a Parking Spot sharing agreement is concluded, the details of a User who is a party to the agreement will be made available to the other party. In the scope necessary to settle the payments stipulated in these Terms, the personal data of users will be provided to the PayU or PayPal, as the case may be. Personal data may be also provided to other persons when consent of the User to whom the data relate is obtained.

 

 

§ 15 One-time Deposit Fees

 

  1. If so stated in the Offer, the Fee required to conclude a Parking Spot sharing agreement includes also a One-time Deposit Feepaid to iParkomat sp. z o.o. as an agent in order to secure the return of a device or tool necessary to share the Parking Spot, such as a remote control, access key etc., handed over to a Guest.
  2. The amount of the One-time Deposit Fee is stated by the Host, but cannot be larger than thirty times the amount of Remuneration for one day of sharing a Parking Spot, as stated in the Offer.
  3. The Host must give in the Offer a reason for requiring the payment of the One-time Deposit Fee, in particular the risk which the payment is to safeguard against.
  4. The One-time Payment Fee will be paid to the Host if they submit via iParkomat, not later than 3 days from the termination of the legal relationship resulting from the Parking Spot sharing agreement, a demand for payment of such Fee in whole or in part, and at the same time declare that the device referred to in item 1 was not returned or was returned in a deteriorated condition. If no such demand and statement is made by the Host within the stated deadline, the Fee will be returned to the Guest not later than within 14 days from the termination of the legal relationship resulting from the Parking Spot sharing agreement.
  5. iParkomat sp. z o.o. has no liability to Users and does not act as an agent between Users in respect of the duties specified in the preceding sentences, nor does it resolve any disputes arising from such duties. The statement of the Host is deemed to be decisive as regards the entity to whom iParkomat sp. z o.o. is to return the One-time Deposit Fee. Nothing in this paragraph prejudices your right to pursue mutual claims on general terms or decides whether a demand for payment of the One-time Deposit Fee made by the Host is valid.

 

§ 16 Appendices

 

  1. These Terms include the following Appendices that form an integral part thereof:
  2. Documents other than the appendices listed above are not part of the Terms.
      1. Appendix no. 1: Technical outages and compensation for technical failure;
      2. Appendix no. 2: Commission;
      3. Appendix no. 3       Instructions of withdrawal;
      4. Appendix no. 4: Model withdrawal form

    Adding appendices no. 3 and 4 results from the duty of iParkomat sp. z o.o. under Directive 2011/83/EC on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

 

 

§ 17 Final Provisions

 

  1. Any changes of these Terms require that you be notified at the e-mail addresses given by them and information about implementing the changes be posted at iParkomat web pages, together with a link to the complete list of changes. The notice and information should be sent at least 7 days before the new version of the Regulations enters into force. In such case, Users will be entitled to terminate their agreement with immediate effect if they make a statement in writing or by e-mail within 30 days from the date on which the notice was sent. The termination is effective upon reaching iParkomat sp. z o.o. The effects of termination are regulated in par. 8 of these Terms.
  2. Changes of the Regulation do not affect the consequences resulting from your behavior prior to the changes, in particular the validity and contents of concluded Parking Spot sharing agreements.
  3. The course of action in case of technical outages and failures is set forth in Appendix no. 1 to these Terms.

 

§ 18 Provisions applicable to Users from outside the European Union.

 

  1. The provisions of this paragraph supplement the remaining provisions of the Terms and Conditions only with regard to Users who do not have their place of residence or seat in a European Union Member State. In case of irreconcilable discrepancies between this paragraph and the rest of these Terms, the provisions of this paragraph remain binding.
  2. For the purpose of this paragraph, “Service” means all services provided by iParkomat sp. z o.o. to you via iParkomat, including among others Registration for the purpose of creating an Account, the listing of Offers, entering into Parking Spot sharing agreements with other Users, payment, collection and distribution of Fees, browsing and booking available Offers, and all other services provided by or in connection with iParkomat.
  3. iPARKOMAT SP. Z O.O. IS NOT LIABLE FOR THE PROVIDED SERVICES AND CONSEQUENTLY YOU USE THE SERVICES PROVIDED BY iPARKOMAT SP. Z O.O. AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSLY STATED BY iPARKOMAT SP. Z O.O. OR IMPLIED. iPARKOMAT SP. Z O.O. DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING WITH USERS OR USAGE OF TRADE. iPARKOMAT SP. Z O.O. DOES NOT WARRANT THAT THE SERVICES PROVIDED BY IT, AND IN PARTICULAR THE BOOKED PARKING SPOTS, WILL BE AVAILABLE OR SECURE. iPARKOMAT SP. Z O.O. DOES NOT WARRANT THAT YOUR VEHICLE OR YOUR PARKING SPOTS WILL BE SAFE OR PROTECTED FROM ANY DAMAGE OR DESTRUCTION, WHETHER CAUSED BY A HOST, A GUEST OR A THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM iPARKOMAT SP. Z O.O. VIA iPARKOMAT OR DURING THE PROVISION OF SERVICES WILL CREATE ANY WARRANTY, EXCEPT AS EXPRESSLY SPECIFIED HEREIN. iPARKOMAT SP. Z O.O. DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OR CHECK THE AVAILABILITY OF PARKING SPOTS. iPARKOMAT SP. Z O.O. IS NOT LIABLE FOR THE CONDUCT OF USERS. IPARKOMAT SP. Z O.O. DOES NOT MAKE ANY BACKGROUND CHECKS ON THE USERS OR VERIFY THEIR IDENTITY IN ANY RESPECT. iPARKOMAT SP. Z O.O. DOES NOT MAKE ANY REPRESENTATIONS ABOUT THE LOCATION, SURROUNDINGS OR SAFETY OF THE PARKING SPACE, OR THE CONDUCT AND IDENTITY OF THE USERS OR SERVICES. iPARKOMAT SP. Z O.O. DOES NOT GUARANTEE THAT THE iPARKOMAT CONTENTS OR THE SOFTWARE OR PROGRAMS AVAILABLE THEREAT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  4. THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES PROVIDED BY iPARKOMAT REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY EFFECTIVE PROVISIONS OF LAW AND iPARKOMAT SP. Z O.O. WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, DAMAGE IN PROPERTY, PERSONAL OR BODILY INJURY, OR VIOLATION OF PERSONAL RIGHTS ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, WHETHER THE ALLEGEDLY INJURED USER ADVANCES A CLAIM BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT iPARKOMAT SP. Z O.O. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN WHEN THE LIMITED REMEDIES SET FORTH HEREIN ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY THE FEES TO HOSTS PURSUANT TO THESE TERMS, THE AGGREGATE LIABILITY OF iPARKOMAT SP. Z O.O. ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF SERVICES BY iPARKOMAT SP. Z O.O. OR THE INABILITY TO USE THESE SERVICES, AS WELL AS IN CONNECTION WITH INTERACTIONS WITH ANY OTHER USERS, MAY IN NO EVENT EXCEED THE AMOUNTS PAID TO OR DUE FROM A USER IN CONNECTION WITH A PARKING SPOT SHARED BY iPARKOMAT FOR THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO AMOUNTS HAVE BEEN PAID, AS APPLICABLE. THE ABOVE LIMITATIONS OF LIABILITY FOR DAMAGE ARE ESSENTIAL AND NON-SEVERABLE TERMS OF THE AGREEMENT BETWEEN iPARKOMAT SP. Z O.O AND YOU. THE PROVISION OF ITEM 4 OF THIS PARAGRAPH DOES NOT APPLY IF THE JURISDICTION IN WHICH YOU ARE LOCATED WHEN CONCLUDING THE AGREEMENT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGE.
  5. You agree to release, defend, indemnify, and hold iParkomat sp. z o.o., its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or any violation of these Terms; (b) your User Content; (c) interactions between you and other Users, either via iParkomat or independently (d) listing an Offer and its acceptance by another User; (e) accepting an Offer and sharing a Parking Spot by a Guest.
  6. These Terms constitute the entire and exclusive understanding and agreement between iParkomat sp. z o.o. and you regarding the Services and the content of iParkomat. These Terms supersede and replace any and all prior oral or written understandings or agreements between iParkomat sp. z o.o. and you. Without prejudice to the other provisions of these Terms the right to terminate the agreement without stating the reason, referred to in par. 2, item of these terms, does not apply to non-EU Users. The provisions of Appendix no. 1, Appendix no. 3 and Appendix no. 4 do not apply to such Users.
  7. The failure of iParkomat sp. z o.o. to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if made in writing and signed by a duly authorized representative of iParkomat sp. z o.o.
  8. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
  9. These Terms are governed by the laws of the State of New York, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in New York or the United States Federal Court for the Southern District of New York to resolve any disputes arising under these Terms.
  10. The data required to make the Registration and conduct other activities at iParkomat may differ from data listed in par. 2, item 2, depending on the domicile or seat of the non-EU User.

 

 

Appendix no. 1:  Technical outages and compensation for technical failures

  1. iParkomat sp. z o.o. reserves the possibility of iParkomat being affected by technical outages that restrict or prevent the use of iParkomat functions. Users will be notified about the date and planned time of outage at least several hours in advance.
  2. In the event of a technical failure that prevents the listing of Offers or acceptance of offerings or proposals contained therein:
    1. the Remuneration due to the Host which was to be paid during the time of technical failure will be paid by iParkomat sp. z o.o. at the first available opportunity and surcharged with statutory interest for delayed payment,
    2. if at least one User has commenced the acceptance process to conclude a Parking Spot sharing agreement found in an Offer with the “Booking” option, the deadlines to make the statements referred to in par. 5, items 2 and 3 are extended by 48 hours from the moment of removing the technical failure.
  3. The provision of item 2 applies accordingly to technical outages.

 

Appendix no. 2: Commission

  1. The remuneration for using the service is commission-based and is collected solely for placing ads that the Host benefits from. For the conclusion of each Parking Spot sharing agreement, iParkomat sp. z o.o. collects from the Host a Commission whose amount is based on the Remuneration of the Host and the term of the Parking Spot sharing agreement. The amount of Commission is equal to:
    1. for the first 30 days of each Parking Spot sharing agreement with a Guest other than a Guest with whom the previous Parking Spot sharing agreement was concluded: 50% of the remuneration due to the Host for sharing the Parking Spot,
    2. for other Settlement Periods of the same Parking Spot sharing agreement and for the first 30 days of a Parking Spot sharing agreement with the Guest with whom the previous Parking Spot sharing agreement was concluded: 5% of the remuneration due to the Host for sharing the Parking Spot,
  2. The Commission is each time deducted from the Remuneration of the Host before the date on which iParkomat pays the Remuneration due to the Host.
  3. The amount of Commission for the first 30 days of the Parking Spot sharing agreement may be decreased depending on the reviews and rating of the Host. The Host is each time notified of such change by an e-mail sent at the address given during Registration.

 

 Appendix no. 3: Instructions on withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of concluding the agreement (Registration at iParkomat.pl)

To exercise the right of withdrawal, you must inform us, i.e. iParkomat sp. z o.o. with its seat in Warsaw, address: Aleja Wilanowska 208, room 32, 02-765 Warszawa, email: contact@iparkomat.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period (in the manner specified in par. 2, item 5 and par. 5, item 4 of the Terms of Service), you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

 

Appendix no. 4: Model withdrawal form

(please fill out and return this form only if you intend to withdraw from the agreement)

-     To: iParkomat sp. z o.o. with its seat in Warsaw, address: Aleja Wilanowska 208, room 32, 02-765 Warszawa, email: contact@iparkomat.com

-    I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of provision of the following service (*)(**),

-    Ordered on (*)/received on (*),

-    Name of consumer(s)

-    Address of consumer(s)

-    Signature of consumer(s) (only if this form is notified on paper)

-    Date

______

(*)  Delete as appropriate.

(**) iParkomat sp. z o.o. suggests that you enter “all services provided for in the iParkomat.pl Terms of Service” as the description of services withdrawn from, but you can use any wording you choose.