TERMS AND CONDITIONS FOR THE APPLICATION
1.1. Subject. These terms and conditions (“T&C”) for using the Park-it-direct application (the “Application”) represent the contractual arrangements between MR.PARKIT s.r.o., Business ID No.: 40762769, with its registered office at Praha 2, Vinohrady, Balbínova 410/28, Post Code 120 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 3111 (“MR. PARKIT”) and users of the Application (the “Users”).
1.2. User consent. We ask Users to please read through these T&C carefully. By installing or copying the Application, setting up a User account, signing in to the Application or otherwise using the Application or part of the Application, Users grant their consent to these T&C. If Users do not consent to certain provisions of these T&C, they must stop installing the Application and uninstall all parts already installed, stop opening the User account (and, if applicable, sign out of the Application and terminate their User account) and are not entitled to use the Application in any way.
2. APPLICATION AND USERS
2.1. Functional properties of the Application. The Application is a web and software application for the electronic management of garages and parking lots (jointly the “Garage”). The Application keeps records on parking spot users (“Drivers”) and the contractual relationships with Drivers, wireless payments for parking, generating contracts with Drivers and accounting documents, sending messages to Drivers and contacting the Garage operators, granting access to the Garage, unlocking the Garage to grant access (using Bluetooth, GSM or similar technologies) and reserving parking spots.
2.2. Technical properties of the Application. The Application is primarily a web application where the software and database components are operated and managed by MR. PARKIT and located on the MR. PARKIT server (the “Web Application”); the Web Application can be used through a web interface. The Application can also be used as a server-client application using a software client (the “Software Client”) that Users install on their mobile or other devices that can use the Application. The Application requires an internet connection allowing access to the Web Application; certain functions of the Software Client can be used even without being connected to the Web Application (e.g. Bluetooth communication).
2.3. Components of the Application. The Application includes all content and materials provided in connection with the Application in electronic or other form. The Software Client is considered part of the Application. The Application also means any updated, upgraded or otherwise modified version of the Application, as well as all copies of the Application in any form.
2.4. Hardware. In connection with the license to use the Application, it can be agreed that MR. PARKIT will sell the User certain equipment (the “Hardware”), in particular technical components controlling access to the Garage (barriers, gates, etc.). Users acknowledge that the Hardware can be a condition for using the Application, although the Hardware has more uses than only those connected to the Application, which is why purchase of the Hardware is not considered a legal act dependent on using the Application. Terminating the license to use the Application has no effect on the purchase of the Hardware and Users are not entitled to return the Hardware to MR. PARKIT for
2.5. User account. In order to use the Application properly, Users must create an electronic User account, which will be used to access the Web Application and manage User data in the Web Application (the “User Account”). Creating a User Account requires entering the basic identification data for the User (name, business name, and in certain cases also address), email address and telephone number of the User; while using the Application Users may be requested in certain cases to enter their payment information for making payments over the internet (credit or debit card, PayPal). Payment information will not be saved in the Web Application and MR. PARKIT does not have access to that information. Users must create a User Account using truthful and complete information and must keep the information entered up to date for the entire duration of the License. Users must keep the access details for the User Account secret and inform MR. PARKIT immediately if the access details are leaked or their security compromised. MR. PARKIT is not liable for any potential harm caused to Users by their User Account access details being leaked, provided that MR. PARKIT was not responsible for the leak.
2.6. Application Users. Users are (can be):
2.6.1. Garage operators; Garage operators are authorized to authorize parking spot use for master Drivers (Article 2.6.2) and end Drivers (Article 2.6.3);
2.6.2. master parking spot users (master Drivers), i.e. Drivers with the right to authorize end Drivers to use the parking spots assigned to them (Article 2.6.3); and
2.6.3. end parking spot users (end Drivers).
Garage operators are the primary Users of the Application; MR. PARKIT may also be in the position of a primary User, in particular when brokering parking spot leases for Garage operators. Master Drivers are the primary Users of the Application, provided that their Licenses are not derived from the primary License of another person according to the previous sentence; if their License is derived from the primary License of another person, they are secondary Users. End Drivers are secondary Users of the Application.
3. GENERAL LICENSING PROVISIONS
3.1. Granting the License. By opening a User Account in accordance with these T&C and also by consenting to these T&C on the part of the User, MR. PARKIT grants the User non-exclusive license to use the Application under the terms and conditions set forth below (the “License”). The License is granted to the User as a free shareware License (Article 4) or commercial License for consideration (Article 5). If the User and MR. PARKIT have not agreed on provision of a commercial License, the License is considered to be granted as shareware; a commercial license can be arranged for secondary Users by a primary User as part of the primary commercial License (Article 5.2).
3.2. Basic scope of the License. Users are entitled to use the Application on the basis of the License for their own personal use or the internal needs of their business or non-profit activities. Use means using the Application in accordance with its purpose and appropriately to its nature and function. The License includes authorization to install the Software Client on the mobile or other device belonging to the User and enabling use of the Application. One User is entitled to use more than one copy of the Software Client at a time, though only in accordance with the terms and conditions of the License and appropriately to the Application’s scope of use pursuant to the first and second sentences of this Article 3.2. A copy of the Software Client can be acquired only by downloading and installing from the MR. PARKIT website (link), not by duplicating existing copies of the Software Client.
3.3. User cooperation. While using the Application, from time to time the User may be asked for cooperation, e.g. when changing passwords, specifying the Garage (in the case of primary Users); this cooperation may be a condition for proper use of the Application.
3.4. Forbidden infringement on the rights of MR. PARKIT. Rights not expressly granted to Users in these T&C remain in the possession of MR. PARKIT. Unless agreed or stipulated otherwise by law, Users are not entitled to copy, duplicate, translate, process, edit or otherwise modify the Software Client or its source code. Users are not entitled to infringe in any way on MR. PARKIT’s copyright or rights to databases, in particular to make an imitation of the Application or allow unauthorized use or handling of the Application by third parties (Users are liable for protecting the license information, in particular access rights, and must keep them secret).
3.5. Source code. The source code for the Application is MR. PARKIT’s business secret and Users agree to the greatest possible extent permitted by law not to decompile,
examine, study or otherwise determine the contents of its source code. If legislation allows Users to decompile, examine, study or otherwise determine the course code, Users must first request MR. PARKIT to provide the information it intends to acquire by doing the above, and not to begin until MR. PARKIT refuses to provide the requested information or if it does not do so within an appropriate time frame.
3.6. Third-party software. The Application can contain parts that are subject to third-party copyright. MR. PARKIT provides Users with non-exclusive sublicense, included in the License, to use the third-party software in the same scope as the License, exclusively within the Application (only in order to make the Application functional and in the same state as the third-party software was incorporated into or combined with the Application).
3.7. Handling the License. Users are not entitled to assign or encumber the License without the prior written consent of MR. PARKIT. Unless agreed otherwise (especially in the case of primary Licenses), Users are not entitled to grant sublicenses for the Application or distribute the Application, whether independently or bundled with other software or combined with other software.
3.8. Terminating the License. If the License is agreed for an indefinite period, either of the Parties is entitled to terminate it in writing with a notice period of one (1) month, beginning on the first day of the month after the termination notice was delivered to the other Party.
3.9. Withdrawal from License agreements due to breach of the terms and conditions. MR. PARKIT is entitled to withdraw from the License agreement if the User or a person for whom the User is responsible breaches any of the terms and/or conditions of the License (the terms and conditions of the License include those under Article 2.5 and 10.2). The License terminates at the moment the User receives the notice of withdrawal. If the User is in delay with payment of the licensing fees, withdrawal from the license agreement is only possible after a grace period given in the notice from MR. PARKIT for payment of the overdue amount, which must be at least seven (7) days, or if the User has been repeatedly late with paying the licensing fee. If the License is terminated in accordance with this Article, the User has no claim to compensation for any payments made to MR. PARKIT in connection with the License. If MR. PARKIT withdraws from the License agreement, the User can acquire a new License only upon explicit agreement with MR. PARKIT.
4. SHAREWARE LICENSE
4.1. Scope of the shareware License. The shareware License contains restricted functionality for the Application as compared to the commercial License; the scope of the restrictions is at the discretion of MR. PARKIT and may be changed from time to time. The Application used with the shareware License may display advertisements. The shareware License does not establish the right to an update or upgrade of the Software Client; however, this does not preclude MR. PARKIT from enabling an update or upgrade in a particular case.
4.2. Support and duration of the shareware License. MR. PARKIT is entitled to end support for the Application under the shareware License at any time without prior notification, including ending operation of the Web Application. The License is granted for an indefinite period.
4.3. Demo and beta version of the Application If MR. PARKIT provides the User with any demo or beta version of the Application (in particular the trial version of the Application), the User may use this version only for the time determined by MR. PARKIT and for the purpose determined by MR. PARKIT (i.e. to try out the Application). The User acknowledges that these versions of the Application are not meant for use in operating conditions, and the User will not depend on their functionality and properties in any respect. MR. PARKIT can prohibit further use of these versions of the Application.
5. COMMERCIAL LICENSE
5.1. Scope and types of commercial Licenses. The commercial License allows use of the Application functions covered by agreement with MR. PARKIT. The License includes updates and upgrades released and publicly offered to those who acquire a commercial License to the Application on the part of MR. PARKIT (however, the License does not include handling individual problems of the User). Depending on the agreement with MR. PARKIT, the commercial License is granted either independently or as a commercial License for a primary User (primary License) authorized to grant a certain number of secondary Users (Drivers) permission to use parking spots (Article 5.2); unless agreed otherwise, the commercial License is deemed to be independent. If the commercial License is granted for use in relation to a certain Garage, it cannot be used in relation to a different Garage.
5.2. Primary commercial License. A primary commercial License gives secondary Users (Drivers) permission to use the Application in the scope of the commercial License, dependent on the duration of the primary License. The agreed limit for authorizations to use parking spots that the primary User is entitled to grant to secondary Users represents the maximum number of authorizations granted at once. The primary License also includes the option of authorizing master Drivers to authorize secondary Users to use parking spots (even on multiple levels); authorizations to use parking spots granted by master Drivers count towards the agreed limit for authorizations under the primary License. MR. PARKIT is not required to inform secondary Users that their commercial license is terminated due to termination of the primary License. The primary User is responsible for ensuring that secondary Users adhere to the License terms and conditions.
5.3. Duration and termination of the commercial License. The License is granted for the agreed term, and if no fixed term was set, then for an indefinite period. At the end of the term for which the License was agreed, it transforms into a License for an indefinite period. If the commercial License is terminated, the authorization to use the application under the shareware License with potential restrictions in functionality also changes, unless MR. PARKIT withdraws from the license agreement due to breach of obligations on the part of the User (in which case the licensing authorization expires completely).
5.4. Licensing fees. The commercial License is subject to licensing fees in the amount agreed between MR. PARKIT and the User. The licensing fees are paid to MR. PARKIT for the calendar month, always by the end of the previous month. The commercial License will not take effect before licensing fees have been paid for the first calendar month. MR. PARKIT will issue invoices for the licensing fees with the essential features of a tax document and deadlines stipulated by legal regulations; however, payment of the licensing fee is not conditional upon issuing an invoice. The effects of the commercial License are suspended for the duration of any delay in payment of the licensing fee (the User Account is not canceled for this period and the data associated with the User Account is not deleted, but the neither the User Account nor the Software Client can be used).
6. LIABILITY FOR DEFECTS AND DAMAGES
6.1. Defects in the Application. MR. PARKIT represents that the Application will be free of defects for the duration of the commercial License, provided that it is used in accordance with the rules set by MR. PARKIT. A defect in the Application only refers to a material deficit in functioning; a deviation in functioning that is not generally considered a defect in applications of the same type is not considered a defect in the Application. This guarantee does not apply to defects resulting from misuse or improper use of the Application, computer virus, accident or any external event not caused by MR. PARKIT. Since the Application is subject to continuous development, MR. PARKIT does not guarantee that the Application will include all functionalities at all times or that it will include all functionalities in the same form as on the date of agreeing the License. MR. PARKIT does not guarantee anything in relation to (i) the Application used on the basis of a shareware License, (ii) demo and beta versions of the Application, and (iii) the Application the User is using without paying the stipulated licensing fees to MR. PARKIT.
6.2. Inspection and removal of defects. Immediately upon opening the User Account or otherwise launching the Application (or their additional functionalities), the User must inspect the Application (or its additional functionalities) and inform MR. PARKIT without delay of any defects found in the Application (or additional functionalities). MR. PARKIT decides on the method of removing defects. MR. PARKIT is entitled to remove defects by repairing the Application, delivering a replacement Software Client or returning all or part of the licensing fees.
6.3. Limitation of guarantee. The guarantee under Article 6.1 is the only guarantee that MR. PARKIT gives the User, and the rights detailed in Article 6.2 are the sole means for remedy under the guarantee. Unless expressly stated otherwise in these T&C, the Application is provided to the User “as-is”, and MR. PARKIT does not provide any additional guarantee, either explicit or implicit, or guarantee of marketability or guarantee that the Application will be usable for a certain purpose. If Users provide any information to MR. PARKIT regarding their intentions with the Application, this does not establish any additional entitlements under the guarantee. MR. PARKIT does not guarantee any special results or performance from the Application, or that the Application will run without error or that the errors will be corrected. A property (defect) of the Application that Users could have discovered under the shareware License (including the demo and beta versions of the Application) cannot be raised later as a defect in the Application (even if Users did not take advantage of their opportunity to familiarize themselves with the Application under the shareware License).
6.4. Liability for damage. The total liability for damage on the part of MR. PARKIT that may arise from use of the Application or in connection with using the Application with regard to one User is limited to three times the monthly licensing fee (or three times the monthly equivalent) that the User is supposed to pay for use of the Application based on its agreement with MR. PARKIT. Users must take reasonable measures to prevent or minimize damage; if the User neglects to take such measures, MR. PARKIT is not obliged to compensate them for damage that could have been prevented in this manner. This has no effect on Section 2898 of Act No. 89/2012, the Civil Code, as amended (the “Civil Code”). The provisions of this Article survive after the termination of the License. 6.5. Output from the Application. If the output from the Application (e.g. parking receipts) must meet certain essential features stipulated by legal regulations applicable in the place of using the Application, the User is required to independently verify that the output does meet the essential features and not rely on any pre-settings in the Application in this regard on the part of MR. PARKIT. If the Application does not meet the essential features and does not allow the requisite settings to be made, the User is not entitled to use the Application for purposes where those essential features are needed; if necessary, the User will stop using the Application.
6.6. Links to third-party content. The Application may include links to third-party websites. These links are provided only to simplify use of the Application and MR. PARKIT does not assume any liability for third-party websites or content.
6.7. Exclusion of liability for MR. PARKIT. MR. PARKIT bears no liability for services provided via the Application between primary and secondary Users; MR. PARKIT does not broker or enter into those relationships in any way (this does not apply to the case under Article 2.6, second sentence after the semicolon). If any claim is raised against MR. PARKIT, in court or out of court, in connection with the User’s use of the Application, the User must release MR. PARKIT from such claim and pay compensation for all damage, losses and/or costs MR. PARKIT suffered in that connection.
6.8. Liability for the Hardware. The provisions of this Article 6 apply mutatis mutandis to liability for defects in the Hardware. The time of “agreeing the License” is the same as the time of “accepting the Hardware.” MR. PARKIT’s liability for defective goods and obligation to compensate for damage caused by the goods, are subject (mutatis mutandis) to Article 6.1 – 6.4, while rights due to defective performance are subject to Section 2099 – 2112 of the Civil Code; the time limit for reporting hidden defects to MR. PARKIT is one year after surrendering the Hardware.
7. SPECIAL ENTITLEMENTS FOR CONSUMERS
7.1. Consumers. Article 7 applies to natural persons who acquire the License other than as aresult of business activities or the independent performance of their profession (consumers). If the provisions of this Article 7 are not compatible with another provision of these T&C with regard to consumers, the provisions of this Article 7 take precedence.
7.2. Right to withdraw from the commercial License agreement. If the License was agreed by long distance or outside the usual business premises of MR. PARKIT (Section 1820 et seq. of the Civil Code), the following rules apply:
7.2.1. The License is considered a service; it also includes digital content, which is supplied (download and installation enabled) as part of the License (in particular the Software Client).
7.2.2. Users have the right to withdraw from the License agreement without giving a within fourteen (14) days of agreeing to the License. By consenting to these T&C, Users expressly request MR. PARKIT to begin performing under the License agreement before the end of this time period.
7.2.3. For the purposes of exercising the right to withdraw from the License agreement, the User must inform MR. PARKIT of the withdrawal, for instance by sending a letter by regular mail or email to email@example.com, or using the withdrawal form available here: www.park-it-direct.com. In order to keep to the time frame for withdrawal, it is sufficient to inform MR. PARKIT of the withdrawal before the time is up. If the User withdraws from the License agreement, they must pay MR. PARKIT part of the licensing fees in proportion to the duration of the License (up to the moment of withdrawing from the License agreement).
7.2.4. In case of withdrawal from the License agreement, MR. PARKIT will return the licensing fees it received from the User minus the proportional part of the licensing fees pursuant to Article 7.2.3, last sentence, without undue delay, but no more than fourteen (14) days after MR. PARKIT received the notice of withdrawal. MR. PARKIT will use the same means of payment to return the licensing fees as the User used to make the payment, unless the User expressly states otherwise.
7.3. Information on duration of the obligation. MR. PARKIT informs the User pursuant to Section 1820(1)(c) of the Civil Code and with reference to Article 3.8 that the shortest period for which the License (license agreement) can bind the User is one (1) month. This has no effect on the provisions regarding termination of the contractual relationship under these T&C.
7.4. Liability for defects. MR. PARKIT is liable for ensuring that the Application has no defects when used by the User on the basis of the commercial License. MR. PARKIT is liable, in particular, for ensuring that at the time the User uses the Application, (i) the Application has the properties agreed between the User and MR. PARKIT, and if there was no agreement, then the properties MR. PARKIT or the producer of part of the Application described or the User expected with reference to the nature of the Application as advertised, (ii) the Application is fit for the purpose stated by MR. PARKIT for its use or for the usual use of applications of this type, (iii) the Application corresponds in quality or performance to the contracted sample or template, if the quality or performance was determined by a contracted sample or template, (iv) the Application is of the correct volume, and (v) the Application meets the requirements of legal regulations. As to particulars, the following rules apply:
7.4.1. If a defect appears within six (6) months of commencing use of the Application, the Application will be considered to have been defective upon commencing use. Commencing use of the Application means the moment of agreeing the License.
7.4.2. Users are entitled to exercise their rights due to a defect appearing in the Application within twenty-four (24) months of agreeing the License. However, rights due to defective performance cannot be granted if the User does not inform MR. PARKIT of defects without undue delay after the User learned of them or should have learned of them with due care and attention, however, no more than two (2) years after agreeing the License.
7.4.3. If the User requests, MR. PARKIT will confirm in writing the scope and duration of its obligations in case of defective performance.
7.4.4. If the Application does not have the properties stipulated in the first part of this Article 7.4, the User has the right to claim removal of the defect at no charge; if this is not possible, the User may withdraw from the License agreement.
7.4.5. The User has the right to withdraw from the License agreement even in the case of a defect that can be removed, if the Application cannot be used due to repeated appearance of the defect after being corrected or due to the number of defects.
7.4.6. If the User does not withdraw from the License agreement or exercise the right to have defects corrected, the User may request an appropriate discount. The User is entitled to an appropriate discount even if MR. PARKIT cannot secure correction of the defect, as well as if MR. PARKIT does not correct the defect within a suitable time frame or if correcting the defect would cause significant difficulty for it. Users do not have rights due to defective performance if they knew before commencing use of the Application that the Application had a defect, or if they caused the defect themselves.
7.4.7. If the User exercises rights due to defective performance, MR. PARKIT will confirm in writing when the right was exercised, the content of the claim, the requested method for handling the claim, what correction was made and how long it took. MR. PARKIT must also issue to the User a confirmation of the date and method of handling the claim, including a confirmation of the correction made and how long it took, and a written statement of the reason for rejecting the claim, if applicable.
7.4.8. The User is entitled to make a claim electronically using the email address sales@park-itdirect. com, in writing sent to MR. PARKIT’s registered address (Article 1.1), or in person at MR. PARKIT’s registered address on business days during business hours. MR. PARKIT will write up a claim report on every claim made in person and give a copy to the person making the claim. MR. PARKIT will decide on claims immediately, or within three business days for complicated cases. Time needed to acquire an expert assessment of the claim does not count towards this time frame. The claim, including removing defects, must be handled without undue delay, no more than 30 days after the date of making the claim, unless the person making the claim and MR. PARKIT agree on a later date. Failure to meet this deadline is considered material breach of the License agreement.
7.5. Liability for the Hardware. The provisions of this Article 7 apply mutatis mutandis to liability for defects in the Hardware. The time of “agreeing the License” is the same as the time of “accepting the Hardware.” If the nature of the purchase allows, the User is entitled to have the goods inspected or their functions demonstrated in the User’s presence. MR. PARKIT has obligations due to defective performance at least in the scope of the obligations due to defective performance on the part of the Hardware manufacturer.
7.6. Form and archiving of the contract. These T&C are prepared in Czech or English and the License agreement can be made in Czech or English. The License agreement (contract) will be archived at MR. PARKIT, which will grant the User access to it upon request.
7.7. Out-of-court dispute resolution. MR. PARKIT informs Users that they have the right to resolve consumer disputes out-of-court in accordance with Section 20d et seq. of Act No. 634/1992, on consumer protection, as amended. Consumer disputes mean disputes between Users and MR. PARKIT in connection with the provision of services and sale of goods under these T&C. Out-ofcourt resolution of consumer disputes pursuant to these T&C is under the jurisdiction of the Czech Trade Inspection (Central Inspectorate – ADR division, Praha 2, Štěpánská 15, Postal Code 120 00, www.coi.cz or adr.coi.cz).
8. CHANGES TO THE T&C
8.1. Changes to the T&C. MR. PARKIT is entitled to change the provisions of these T&C at any time; Users will be informed of any such change in the manner pursuant to Article 10.5 (adding to these T&C also constitutes a change). Changes must not concern the basic definition of the Application, its functions and method of use; a change in T&C also must not deprive the User of rights due to liability for defects in the Application. The change in T&C takes effect on the date MR. PARKIT stipulates in the notice to Users, however, no sooner than one (1) month after notifying Users.
8.2. Not consenting to the change in T&C. If the User does not consent to the change in T&C, theUser is entitled to terminate the License in writing with a notice period of one (1) month, beginning on the first day of the month after the termination notice was delivered to MR. PARKIT. The termination notice must be sent to MR. PARKIT in the manner stipulated under Article 10.5 within fifteen (15) days of notifying the User of the change of T&C; in such a case the change of T&C will not affect the User’s License. If the User believes that the change in T&C affects any of the circumstances under the second sentence of Article 8.1, they must inform MR. PARKIT in the manner pursuant to Article 10.5 within fifteen (15) days of notifying the User of the change of T&C; otherwise the User will have no right to object to this circumstance later.
8.3. Change in licensing fees. The amount of the licensing fees for the commercial License can also be changed in the manner described under Article 8.1.
9. PERSONAL DATA PROTECTION (USER DATA)
9.1. Personal data protection rules. The MR. PARKIT personal data protection rules also form an integral part of these T&C; these rules can be found at www.park-it-direct.com.
9.2. Confidentiality. MR. PARKIT undertakes to adhere to the personal data protection rules in relation to all User data to which it acquires access through the Application. MR. PARKIT undertakes in particular to maintain strict confidentiality regarding such data and not to disclose it to third parties pursuant to the personal data protection rules.
9.3. Changes in personal data protection rules. Changes or additions to the personal data protection rules must be made as described in Article 8.
10. JOINT AND FINAL PROVISIONS
10.1. Complete agreement. These T&C represent the complete licensing agreement between the User and MR. PARKIT in relation to the Application and replace any previous oral or written proposals, messages and representations; this has no effect on Article 10.4. Changes to these T&C must be made in written form and agreed by both parties. Written agreements by the parties after the date of approving these T&C wholly or partially pertaining to the subject of these T&C take precedence over the provisions of these T&C. Unless MR. PARKIT expressly states otherwise, no third party (especially a distributor or sales representative) is authorized to act in its name.
10.2. Monitoring performance of obligations. If requested by MR. PARKIT, Users must fully prove within fifteen (15) days that they are using the Application in compliance with these T&C.
10.3. Copyright. The Application is protected by copyright and the right to protection of other intellectual property. MR. PARKIT holds copyright and other rights to the Application and its source code, unless stated otherwise in connection with the Application. Third-party copyright and other intellectual property rights incorporated into the Application enjoy the same protection under these T&C as those of MR. PARKIT. Users must respect the rights of MR. PARKIT and third parties to the trade marks presented in connection with the Application.
10.4. Offers from MR. PARKIT. Agreements between the parties anticipated in these T&C (e.g. relating to the amount of licensing fees) may also arise out of an offer from MR. PARKIT that the User accepted, or out of information provided by MR. PARKIT along with the Application where the User did not object without undue delay after receiving the Application.
10.5. Communication. The parties are entitled to communicate in matters regarding these T&C electronically without an electronic signature, even if these T&C require written form (including communication from MR. PARKIT through the web interface in the Web Application). If a notice is sent by regular mail or courier, it is considered made at the time of delivery or refusal to accept delivery. If a notice is sent by registered mail and the recipient does not collect it on or before the fifth (5th) day of being held, or the postal services operator returns it to the sender because delivery to the recipient is not possible at the place of delivery, the notice will be considered delivered. If the party does not inform the other party of a different address for correspondence purposes, notices will be sent to the last known address. If communication takes place through the web interface in the Web Application, the notice is considered delivered to the User immediately upon sending the communication in this form, regardless of whether the User signed in to the Web Application through the User Account or not.
10.6. Governing law and prorogation. These T&C are governed by the laws of the Czech Republic. Disputes arising from these T&C will be decided by the court with local jurisdiction for MR. PARKIT’s registered address.
10.7. Severability Clause. If any provision of these T&C is or becomes invalid, ineffective or unenforceable, the other provisions will remain valid, effective and enforceable. If any provision of these T&C is or becomes partially invalid, ineffective or unenforceable, the remainder of the provision will remain valid, effective and enforceable (the same applies if the agreed scope exceeds the limit stipulated by law). The parties undertake to replace an invalid, ineffective or unenforceable provision, if necessary, with a valid, effective and enforceable provision as close as possible to the provision being replaced.