This Public Agreement (hereinafter referred to as the "Agreement") is concluded between Hixst SIA, a company with its principal place of business in Latvia (hereinafter referred to as "the Company", "we" and "our") on the one hand, and the Buyer "," You "and" Your "), and regulates access to and use of services (hereinafter" Services "), which include participation in the parking management information system" Parking Space "offered by the Company".
This Agreement is a binding agreement between the Buyer, the Company that maintains operational suitability (hereinafter - "MOS") Parking Space - parking management systems with payment service. The Buyer and the Company are collectively referred to as the "Parties". This Agreement constitutes the Parties' full understanding of the use of the Service and shall prevail over any prior oral or written agreement, or discussion, or other additional terms, or the terms of any other non-Company document.
We collect and use personal information in accordance with this Agreement in accordance with the Hixst SIA Privacy Policy posted on the Company's website www.hixst.lv.
Parking Space - parking management systems with payment service, its binary (machine-feasible) code in electronic, printed or other form that can be distributed and / or used, accompanying documentation ("Documentation"), graphic materials, including charts, flowcharts, logos, graphics and artistic images, example code in electronic or printed form, command scripts and configuration files intended for use or distribution of Parking Space in whole or in part payment service for parking management systems (hereinafter - Parking Space), designed for automation the process of parking management and payments, with the recognition of state license plates of vehicles (hereinafter - ANPR) and processing of information in accordance with the received data.
Service - a set of Software and Databases Parking Space, managed by the Company, and a set of operations performed by the Software, which allows to process transactions and information in the parking lots of final beneficiaries (hereinafter - Parking Manager), receive payments, take into account stay and tariffs, accrue and issue and verify Tickets, receive feedback from Buyers, communicate with Buyers, store and process Buyer Data and use other publicly available Parking Pay options on terms agreed between the Parties and Merchants.
Public offer - in accordance with the terms of this Agreement, public offer of the Contractor, addressed to a legal entity or natural person-entrepreneur of the Cooperative, in order to enter into this Agreement, under the existing conditions specified in the Agreement.
Software - a set of instructions in the form of words, numbers, codes, diagrams, symbols or in any other form, expressed in a form readable by a computer, which prompts him to act to achieve a certain goal or result.
A database is a properly organized collection of data in a form that is read by software.
The Buyer is an individual aged 18 or older who has full legal capacity, who gives his consent to the use of the Service and provides all the necessary information related to the use of the capabilities and benefits of the Service.
Registered Buyer - a Buyer who has agreed to use the Service, to process the Buyer's Data Service, and to provide access to such Data to the Merchant's Buyer, on whose behalf such data is collected by the Service.
Parking Management Company - a duly registered legal entity or individual who has entered into an Agreement with the Company or its resellers for the provision of services for the use and maintenance of the Service and the provision of related marketing, advertising and information services such as SMS, push notifications, etc.
Buyer Data - information about Buyers, including data provided by Buyers when connecting to the Service, and data collected by the Service in the process of interaction with Buyers on behalf of the Merchant.
Mobile phone number or state number of the vehicle - a valid mobile phone number or vehicle, which is the main identifier of the Buyer in the Service.
E-mail address is a valid e-mail address controlled by the Buyer, which is the Primary Identifier of the Buyer in the Service.
Primary identifier - the state number of the vehicle, mobile phone number or e-mail address of the Buyer.
Buyer's Account is a unique record of data in the Service that contains information that identifies an individual buyer, including, but not limited to, the State Vehicle Number, Mobile Phone Number, Email Address and other unique identifiers.
The Buyer's Control Panel is a web page on the Site where Buyers can view the list of Parking lots that use Parking Pay, view information on parking sessions, as well as perform other actions related to the Buyer's use of the Service.
Mobile Space Mobile Customer Application is a part of the Service that is installed on a PDA or mobile PC, smartphone, tablet or laptop, which allows Customers to receive information about parking and payment sessions, receive push notifications, and perform other actions related to using the Customer Service.
Chat Space Parking Bot is a part of the Service that operates in a "question-answer" mode and interacts with Buyers through instant messaging systems or voice control systems managed by third parties.
Parking Space Terminal is a part of the Service that provides access to Buyers for payment of parking services, which is installed at the Partner Terminals of Payment Points (cash payment system).
Purchase is the process of paying for a parking session offered by the Parking Manager.
Discount - a direct reduction in the set price provided by the Parking Manager, when paying using the Service.
Bonuses - deferred discount data accumulated and used by Buyers during subsequent Purchases, which are provided by the Parking Manager when paying for a Parking session using the Service.
Permanent bonuses - Bonuses that are not limited by the term of use and the minimum total amount of the Purchase in which they can be spent.
Buyer's account - calculated information about certain values or benefits that the Buyer is entitled to receive from the Merchant, expressed in units of "currency of the account", which is not an expression of a particular national or international currency.
Loyalty program - a set of rules and conditions that determine the accumulation and use of Bonuses, Discounts, receiving Coupons for purchases from Merchants and other services provided by Merchants, the terms of which are determined by such Merchants.
Transaction - any transaction or transaction with Buyer Data performed by the Service, in which one or more records are added to the Database, when such transaction or transactions include any of the following: (i) accrual or debit of the Buyer's Account, including cash, commodity or bonus account, or transfer of amounts, in part or in full, between the Buyer's Accounts of one or different Buyers, (ii) registration of the Purchase made by the Buyer, (iii) receipt of payment from the Buyer; processing to use a Coupon, Gift Set or Prepaid Card; (vi) granting a discount when such transaction or transactions are part of the Services provided by the Company to the Seller. Two or more transactions constitute one component transaction and are accounted for as such only when such transactions cannot be separated without the transaction losing its meaning or purpose.
The site is the following website: parkingsp.lv, pay.parkingsp.lv, hixst.lv, and other sites owned or operated by the Company.
Advertising Partner - a legal or natural person who has entered into an agreement with the Company, other than the Service Agreement, which allows the Company and Merchants to place trademarks, graphics and textual materials belonging to the Advertising Partner on electronic and physical media of the Company. operations related to inCust services, or allowing the Advertising Partner to place trademarks, graphics and textual materials owned by the Company and Merchants on electronic and physical media of such Advertising Partner in accordance with the terms of the above agreement.
3.1. The subject of this Agreement is the relationship between the Company and the Buyer regarding the Buyer's payment for parking sessions, the Buyer's receipt of services that use the capabilities of the Service, and any other use of the Service by the Buyer.
3.2. At the time of acceptance of this Agreement, the Buyer joins the Service as a Registered Buyer.
3.3. Each Parking Manager determines the terms of service for Buyers in the process of payment for parking, provided that such conditions do not contradict the terms of this Agreement.
4.1. Each Party declares and warrants to the other Party that it has all the necessary rights and sufficient authority to enter into and implement this Agreement.
4.2. Any natural person who has full legal capacity in accordance with the legislation of the European Union and the country of residence and the current state number of the vehicle, mobile phone number or e-mail address may become a Buyer in accordance with this Agreement.
4.3. The current version of this Agreement is published on the Site. Buyers must read the terms of the Agreement before accepting and concluding it. Acceptance of this Agreement is considered the full and unconditional consent of the Buyer to enter into this Agreement on the terms set forth therein, without any restrictions.
4.4. This Agreement may be concluded in one of the following ways:
4.4.1. Install the Parking Space Mobile Application for Buyers on the Buyer's mobile device.
4.4.2. Use of the Parking Space chatbot with the provision of one or more Primary Identifiers (and, if technically possible, the provision of other Primary Identifiers and personal data) of the Company.
4.4.3. Provision of one or more Primary Identifiers (and, if necessary, if technically possible, provision of other primary identifiers and personal data) of the Management Company Parking.
4.4.4. Acceptance by the Buyer of the terms of this Agreement by entering a one-time password into the system using the Parking Space application, the Merchant's Site. One-time password is generated by the Service to register the Buyer in the Service and sent to the Buyer either as an SMS to the specified mobile phone number or as an e-mail to the specified e-mail address, together with a link to this Agreement posted on the Site. After the one-time password is successfully entered and accepted by the Service, this Agreement is considered concluded, the Buyer is registered in the Service at his mobile phone number or e-mail address and has the ability to make transactions.
4.4.5. Completion and signing of the Buyer's application form, which contains a reference to this Agreement and an application for the conclusion of this Agreement.
4.5. This Agreement is considered concluded and enters into force from the moment of its acceptance by the Buyer and is valid until the termination of the Agreement on the grounds specified in this Agreement.
4.6. The place of conclusion of this Agreement is the location of the Company.
4.7. The conclusion of the Agreement stipulates that:
• The Buyer has read and agrees to all terms of use of the Service.
• The Buyer agrees to the Company to process its Buyer Data and personal data under the conditions specified in this Agreement.
4.8. The Buyer accepts the Terms of Service established by the Merchant by providing the Merchant's representative with the state number of his vehicle, mobile phone number or e-mail address for the first transaction in the process of purchasing from the Merchant using the Service. In the course of such a transaction, the Merchant is obliged to offer the Buyer the opportunity to familiarize himself with this Agreement and the terms of service of the Merchant in a way that is suitable for the Merchant and the potential Buyer.5.1. The Company ensures the operation of the Service and, in this regard, allows Buyers to conduct Transactions during the payment of the parking session in the Parking Management Company. The list of possible transactions is determined by the parking fee set by the Management Company. Each Parking Management Company determines and makes available to Buyers the Terms of Service under which it provides services that include the use of the Service.
5.2. The Company is not a party to the Purchase transactions between the Buyer and the Parking Manager, is not responsible for their legality, conditions and consequences, does not consider Buyer's claims for non-performance or improper performance of the Merchant's obligations, including but not limited to parking services.
5.3. Information on Transactions and other information on the use of the Service by the Buyer is collected and stored by the Company in the Database during the term of the Agreement.
5.4. Information on the technical capabilities of the Service and other conditions of transactions are on the Site.
5.5. Terms of blocking of the Buyer's account and changes of the Primary identifiers of the Buyer:
5.5.1. The Buyer may block his Account or change the Primary Identifier in the Service (for example, when a mobile phone is lost). Blocking a Buyer's Account prevents you from using a Transaction Account.
5.5.2. To block the Buyer's Account and change the Primary Identifiers of the Buyer in the Service, the Buyer must contact the Support Service by phone or other means of communication provided on the Site, requesting to block the Buyer's account or change the Primary Identifier. The Buyer informs the Company about the current and, if necessary, the desired Primary Identifier in the Service and provides the following data (in whole or in part at the Company's discretion):
• Name, date of birth or other data provided by the Buyer during registration or use of the Service (in particular, on the Site or through the Mobile Application Parking Space for buyers);
• Approximate amount of accumulated Bonuses remaining;
• Several recent transactions made using the Service;
• Additional telephone number that can be used to contact the Buyer.
5.5.3. Within 24 hours, the Buyer may change one Primary ID.
5.5.4. The Buyer is responsible for all risks arising from the use of the Buyer's Account until the moment of receipt of the notice of blocking the Buyer's Account.
5.5.5. The blocking of the Buyer's Account may be revoked by the Buyer upon notification by the Company, provided that it provides sufficient information to identify the Buyer and confirm that such Account belongs to the relevant Buyer.
5.5.6. The Company may refuse the Buyer's request to block the Account or change the Primary Identifier in the Service if the Buyer has provided incorrect or insufficient information, or at the Company's discretion if the Company has doubts about identifying the person who requested the Account Blocking or Primary Identifier change.
5.6. Terms of use of the Service, defining the rights and obligations of the Parties:
5.6.1. When using the Service, the Buyer is prohibited from making any changes to the Software of the Service or any part thereof.
5.6.2. In accordance with this Agreement, the Company reserves the right to:
• Change and update the Service Software;
• Provide new features and capabilities in the Service;
• Suspend the operation of the Service or its part in case of significant failures, errors or to carry out maintenance work and prevent unauthorized access to the Service.
• Require the Buyer to provide identity documents or other data identifying the Buyer in the following cases:
- specified in this Agreement;
- When the Company has reason to believe that the Buyer violates this Agreement, regulations, violates the rights and interests of the Company, Merchants or third parties;
- At the Company's sole discretion;
• Refuse the Buyer to conduct transactions in the following cases:
- When the balance on the Buyer's Account or the number of bonuses or Remuneration Points from the Buyer are insufficient to fulfill the request made during the Transaction;
- When it is technically impossible to establish a reliable connection between the Service and the Mobile Space mobile application or the Parking Pay payment site for reasons beyond the Company's control;
- In case of breach of this Agreement;
- In other cases where the transaction may harm the Company, merchants or third parties.
5.7. Information on changes to the terms of use of the Service is published on the Site.
5.8. No fee is charged from the Buyer for conducting Transactions using the Service.
5.9. The buyer has the right to download and install the Mobile Parking Parking application for customers on his mobile device.
5.10. From the moment of installation of the Mobile Space Parking Application for Buyers, the Buyer is granted a limited, non-exclusive, non-subject to sublicensing, revocable, non-transferable license for its use for its direct functional purpose. The buyer is prohibited from distributing Mobile Parking Space for customers, transferring to property lease, granting licenses to third parties, modifying or decompiling the application. Use of the Mobile Space Parking Application is free of charge for buyers, and Buyers are not charged for such use. All intellectual property rights in the Mobile Space Parking application for customers belong to Hixst SIA Latvia and are protected by law.
6.1. For the purposes of this section, the following terms are understood:
• Identity Information - any data that can identify the Buyer, such as name, vehicle number, mobile phone number and e-mail address.
• Impersonal information - additional data about the Buyer, which does not identify the identity of the Buyer. Non-personalized information includes, but is not limited to, aggregated and anonymous data on Buyer's transactions.
6.2. By accepting this Agreement, the Buyer agrees to the collection, use and disclosure of Buyer's data, including personally identifiable information and Non-Personalized Information, in accordance with the terms of this Agreement and the Privacy Policy, which is an integral part of this Agreement.
6.3. The Company will not sell or otherwise provide personally identifiable information to the Buyer to third parties or otherwise use the personally identifiable information of the Buyer for any purpose unless required by law or the terms of this Agreement.
6.4. The Company may provide personally identifiable information to the Buyer to affiliates who provide the Company's services (namely, payment processing companies, website hosting, etc.) or to the Company's partners (including Advertising Partners). Such affiliates and partners will receive only the data necessary to provide the relevant services or fulfill the obligations, and will be bound by confidentiality agreements that limit the use of such data to a minimum.
6.5. Buyer's data on Transactions performed during the term of this Agreement, Buyer's registration data and other data on the use of the Parking Space Service may be stored. By the Company for the entire period of use of the Service by the Buyer, as well as within three years from the date of the last Transaction using the Buyer's Account. After the expiration of the three-year period of inactivity of the Buyer, the Buyer's account is blocked and the Identifying Information is removed from the Account. Further unblocking of the Account is possible in accordance with clause 5.5 of this Agreement.
6.6. The Buyer has the right to request the removal of his / her Identifying Information from the relevant Account. To satisfy such a request, the Company is obliged to anonymize the Buyer's Account and remove the relevant personally identifiable information from all media.
6.7. The Buyer has the right to request that the Company "freeze" his Account. When the account is "frozen", no transactions can be performed with any data of the Buyer.
6.8. The Buyer understands and agrees that the Buyer's Data cannot be completely deleted from the Service Database for technical reasons, and agrees that only the Identifying Information will be deleted in accordance with this section 6.
6.9. The Buyer has the right to request that the Company provide him with a copy of all Buyer's Data contained in the Database. To satisfy such a request, the Company is obliged to provide all requested data.
6.10. The Company is obliged to satisfy the request specified in clauses 6.6-6.9 of this Agreement, or, if permitted by applicable law, to request additional information necessary to satisfy the request. The Company is obliged to perform these actions within the period specified by the relevant legislation, or if the legislation does not specify such a period within 60 (sixty) days from the date of receipt of the request from the Buyer.
7.1. By accepting the terms of this Agreement, the Buyer agrees to receive messages delivered via SMS, instant messaging systems, e-mail and similar communication channels (hereinafter Notices) from:
• Companies;
• Merchants in which the Buyer has already conducted Transactions and accepted the Terms of Service of the respective merchants, as defined in paragraph 4.8 of this Agreement;
Such Notices may be intended to: (i) secure, terminate or confirm a Transaction with the Merchant in which the Buyer has previously agreed, using the Service, (ii) providing information on warranty, return of goods or security of the Goods purchased by the Buyer. (iii) providing information on events related to the Merchant's services, such as changes in the number of Rewards Bonuses or Points, information on discounts, Buyer's Accounts, etc., and (iv) notifying of changes in the terms and conditions of the Service.
7.2. By accepting the terms of this Agreement, the Buyer agrees to receive commercial notices containing advertising offers, promotional campaign terms and other advertising and marketing tools from Merchants (i) in which the Buyer has already made a Purchase and (ii) if the Buyer has agreed to receive such Notices.
7.3. The Merchant may not send or use the services of third parties to send any type of message to any Buyers without the prior consent of such Buyers in the appropriate form, as may be required by applicable law. In case of violation of such restriction, the Merchant bears all responsibility determined by the applicable law, exclusively at its own expense and without the participation of the Company.
7.4. If the Buyer wishes to stop receiving commercial text messages, he can do so on the Buyer's Control Panel on the Site or in the Mobile Parking Space application for buyers.
7.5. The Buyer may use hyperlinks in the text of the received commercial e-mail from the Merchant to identify a desire to stop receiving commercial communications from the relevant Merchant or from the Service as a whole (refusal to send).
7.6. Buyer understands and agrees that in the event of its waiver (as described in this section) of commercial communications of an individual Merchant or all Merchants, the Company reserves the right to suspend the Buyer's ability to use and related transactions with Bonuses, Discounts and other marketing tools of such individual Merchant or all traders.
8.1. DISCLAIMER
8.1.1. The information system and any related software (Parking Space Mobile Application for Buyers) and content (together with the Service and related materials) are provided "as is" and "as and when available". The Company disclaims all representations and warranties, express, express or implied by law, not expressly provided in this Agreement, including warranties of merchantability, fitness for a particular purpose and non-infringement.
8.1.2. The Company does not warrant or make any representations or warranties regarding the availability, quality, suitability, safety or usability of the Service and related materials. The Buyer agrees that all risks arising from the use of the Service and related materials, including payments for services, as well as any related service or goods, remain solely with the Buyer to the maximum extent permitted by applicable law.
8.1.3. The Company is not responsible for the marketing and promotional materials or any other Notices sent by Merchants to their Buyers, as well as for any consequences of using any recommendations or advertisements posted on the Site or in the Parking Space Mobile Application for Buyers. Merchants are responsible for such content in accordance with applicable law.
8.1.4. The Buyer understands that the relevant Merchants are considered to be the senders of any commercial / marketing or advertising messages, and the Company only provides them with such an opportunity.
8.1.5. The Company is not responsible for the Terms of Service set by any Merchant, for the Transactions and any related actions, including, but not limited to, the management of Customer Accounts and prepaid goods and services, the calculation of any Bonuses, Discounts and any other marketing tools.
8.1.6. The Company is not responsible for any provision or non-provision of services by any Parking Management Company.
8.1.7. The Parties agree and acknowledge that all disputes and disagreements that may arise from or related to this Agreement regarding the sending and receiving of commercial notices will be resolved between the Parking Management Company and the Buyers. The parking management company is responsible for maintaining such commercial notices, obtaining the consent of the Buyers and for the integrated option to refuse to receive them. Traders are involved in resolving all disputes and differences at their own expense, and the Company will not be considered a party to any dispute.
8.2. LIMITATIONS OF LIABILITY
8.2.1. The Company and the Technical Partner shall not be liable for any indirect, incidental, special, punitive or indirect damages, including lost profits, lost data related in any way, arising from any use of the Services, even if The Company and the Technical Partner were informed of the possibility of such damage.
8.2.2. The Company and the Technical Partner shall not be liable for any damages related to:
• Use by the Buyer of the Service and related materials;
• Unauthorized use by third parties of the vehicle, mobile phone or e-mail address of the Buyer;
• Any transaction or relationship between the Buyers and any Parking Management Company, even if the Company and the Technical Partner have been notified of the possibility of such damages;
• Delay or failure to perform due to reasons beyond the reasonable control of the Company;
• Incorrect information about the Buyer provided during the registration of the Buyer in the Service;
• Goods provided by Merchants in the course of their business and the Company does not guarantee that Merchants have the competence and experience or have the licenses and certificates required in the respective country to provide such services (if required).
8.2.3. In the event that the Buyer has lost or transferred his mobile phone or mobile phone number or access to the mailbox associated with e-mail addresses to any third party, the Buyer bears all risks associated with the use of his mobile phone number or E-mail addresses to third parties until the Company receives a request to block the Buyer's Account.
8.3. LIABILITY PROTECTION
8.3.1. Buyer agrees to protect the Company and its officers, directors, employees and agents from any claims, claims, damages, liability and expenses (including attorneys' fees) related to:
• use by the Buyer of the Service and related materials;
• violation by the Buyer of any clause of this Agreement;
• violation of the rights of any third parties.
9.1. The legislation of Ukraine regulates all claims and disputes arising from this Agreement, without the application of any conflicting rules or principles of choice of laws or legislation of Ukraine.
9.2. The Parties agree that all disputes between the Buyer and the Company shall be settled through negotiations, and the Parties shall make every effort to resolve the dispute in this way.
9.3. The Company may, but is not obliged to, assist in resolving a dispute between the Parking Management Company and the Buyer if such dispute is related to the Services provided by the Company to the parties to the dispute.
9.4. The buyer understands and agrees that the submission of collective complaints and claims is prohibited.
10.1. CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement may be sent by e-mail to office@hixst.lv or in paper form to the e-mail address specified in this Agreement.
10.2. TERMINATION AND CHANGES
10.2.1. The Company has the right to terminate this Agreement unilaterally and at its own discretion in the event of a gross violation by the Buyer of the terms of this Agreement. The Company notifies the Buyer of its decision by text message or e-mail.
10.2.2. The Buyer has the right to terminate this Agreement unilaterally and at its own discretion with the help of funds available on the Site, under the conditions specified in the relevant paragraphs of this Agreement.
10.2.3. The Company may make changes to this Agreement by posting changes on the Site no later than 10 (ten) days prior to the entry into force of such changes. Continued use of the Services by the Buyer after the date of the change means acceptance of the new or changed terms in due form.
10.2.4. In case of the Buyer's disagreement with the changes, such disagreement is considered as termination of the Agreement initiated by the Buyer on the terms governing the termination of this Agreement by the Buyer, as specified in this Agreement.
11.1. No joint venture, partnership, employment relationship or agency relationship between any Buyer, Company and Merchant shall result from this Agreement.
11.2. The Company may provide a message by posting it on the Site or other technical means via SMS or e-mail.
11.3. If any provision of this Agreement is held to be invalid or unenforceable in any way in accordance with applicable law, (a) such provision shall be interpreted, interpreted or amended to the extent reasonably necessary to make it effective, enforceable and consistent with the original the intent underlying such provision; and (b) such invalidity or unenforceability shall not affect any other provision of this Agreement.
11.4. Failure by the Company to exercise any right or provision under this Agreement shall not constitute a waiver of such right or provision.
11.5. The Company does not guarantee that the use of the Service will always be free of charge for Buyers, and may make it paid by changing the terms of this Agreement, as set out therein.
12.1. By entering into this Agreement, as set forth herein, it is considered that the Buyer has accepted this Agreement in electronic form.
This Agreement shall enter into force on the date on which the Buyer has accepted this Agreement in accordance with the provisions of Section 4 of this Agreement (hereinafter - "Signing").
The signing of this Agreement by the Buyer, as mentioned above, is a confirmation that the Buyer has the opportunity to receive electronically, download and print this Agreement and any changes or additions.
Contacts
HIXST SIA
office@parkingsp.lv
p. (+ 371) 66 555 097
m. (+ 371) 26 519 319
m. (+ 371) 25 680 696
Tērbatas iela 68 - 3
Riga, LV-1001, Latvia
Partners
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