Terms of Service

Effective: November 09, 2020

These Terms of Service govern your access and use of our service. Please read them carefully. We are grateful you’re here.

  1. DEFINITIONS
    • These regulations set out the conditions for using the Share by Parkanizer Application, in particular the rights and obligations of the Operator and registered Share by Parkanizer Users.
    • Whenever these Terms of Service refer to:
      • Operator – it ought to be understood as Parkanizer Sp. z o. o. with its registered office in Katowice (address: ul. Jana III Sobieskiego 2; 40-082 Katowice) entered into the register of entrepreneurs kept by the District Court Katowice Wschód in Katowice, VIII Commercial Department under the number KRS: 0000601111, having the tax identification number NIP: 6342856204 and the REGON number : 363701780;
      • Application – it ought to be understood as
        • a web application called Share by Parkanizer, operating at the Internet address https://share.parkanizer.com and run by the Operator for Users under the conditions specified in the Terms of Service.
        • a mobile application named Share by Parkanizer, operating at the Google Play Store and run by the Operator for Users under the conditions specified in the Terms of Service
        • a mobile application named Share by Parkanizer, operating at the Apple Store and run by the Operator for Users under the conditions specified in the Terms of Service
      • Website – the website at https://www.parkanizer.com maintained by the Operator, on which the Operator publishes Subscription Plans, Price List and the Functionalities (administrative and basic) of the Application.
      • Customer – a natural person acting in the field of business – in person, or on behalf of and for the benefit of a legal person or an organizational unit that is not a legal person, and which the law grants legal capacity, who independently registers an Account in the Application for the indicated entrepreneur (organization), provides the necessary data to its functioning in the Application and making payments to the Operator, in particular, selects the Subscription Plan for the Account, entitled to use all the functionalities of the Account (administrative and basic);
      • Account Administrator – a Customer or User designated to support the functionality of the Account in the Application through the Account Settings Panel, authorized to use all the functionalities (administrative and basic);
      • User – a person invited by the Account Administrator who can use only the basic functionalities available in the Application.
      • Login – an individual and unique e-mail address which is the User’s unique identifier in the Application.
      • Password – string of characters specified by the User and assigned to the User. The password is required to log in to the Application by the User.
      • Account – a set of Operator’s settings and services in the selected Subscription Plan as part of the Services provided by the Application, together with the User’s individual settings, thanks to which the User may use the Application.
      • Trial Period – a time period from the date of Account registration specified at the Website, in which the functioning of the Account is made available free of charge for Users. In justified cases, at the request of the Customer, the length of the Trial Period may be agreed individually.
      • Subscription Period – the period of operation of the Account under which the Subscription Fee was paid, in accordance with the Subscription Plan.
      • Subscription Fee – a monthly fee – as a rule – for maintaining the Account in the Application and access to its basic and administrative functionalities for Users, in the amount specified in the Subscription Plan.
      • Subscription Plan – a package of services provided as part of the Service by the Operator during the Subscription Period, selected from the sets available on the Website and described by the Operator as a Subscription Plan.
      • Price List – the Operator’s offer presenting a comparison of benefits and prices within the Subscription Plans as part of the Application, available at the Website.
      • Registration – one-time activity consisting in the creation of an Account in the Application, made using the registration form provided by the Operator on one of the Application’s subpages, which is accompanied by the acceptance of the Operator’s Terms of Service, obtaining confirmation from the Operator in the form of a welcome email and activating the Account using the activation link sent in this message.
      • Report – as a summary of data collected under the Account by the User in the Application, according to the parameters set by default by the Operator in the Application or changed by the User, created as part of the functionality of the Account in the Application.
      • Services (Service) – the provision of services by the Operator via the Application, as part of the selected Subscription Plan, under the conditions set out in the Terms of Service.
      • Account Settings Panel – the Application’s subpage located at http://share.parkanizer.com/preferences, where the Customer is informed about the chosen and binding:
        • Subscription Plan,
        • Subscription Fee,
        • Start day of month of Subscription Period,
        • Any promotion issued.
      • User Service Office – the Operator’s organizational unit responsible for contacting the User as part of the Services provided, available via e-mail at the address: support@parkanizer.com at any time from Monday to Friday from 8:00 AM to 4:00 PM (Warsaw Local Time), excluding public days free from work.
      • Agreement – it should be understood as a contract for the provision of electronic services, which is concluded between the Operator and the User as a result of the User’s acceptance of the Terms of Service in relation to the use of a specific (already established or already functioning) Account in the Application, including the provision of Services by the Operator and obligations pages in this regard, as specified in the Terms of Service; if the User is a natural person who does not run a business, but uses the Services for and in the interest of the organization for which he works and who has been designated as a payer of Services under a given Application Account, that person using the Application performs the rights and obligations of that organization as a party to the Agreement.
      • Terms of Service – it should be understood as this document, supplemented with the content indicated in the current Price List and Subscription Plan, which constitutes the regulations within the meaning of art. 8 of the Act of 18 July 2002 on the provision of electronic services (consolidated text, Journal of Laws of 2019, item 123), to which Polish law applies
  1. GENERAL PROVISIONS
    • The Terms of Service set out the rules for using the Application, as well as the scope of rights and obligations of the Operator, User and Custiomer.
    • The owner of the Application and the entity providing the Service indicated in the Terms of Service is the Operator.
    • Using the Application and on the principles set out in the Terms of Service, the Operator provides the Service enabling the User to manage office spaces within the Account, in particular by:
      • providing information about vacant office spaces;
      • allowing booking office space reservations;
      • notifying about office spaces availability;
      • archiving data on the use of office spaces;
      • presenting data on the use of office spaces in the form of a Report.
    • Access to the Account and Services offered by the Application is only for registered Users, i.e. those who have registered an Account or obtained access to the Account assigned by an authorized User.
    • A condition of using the Application and Services provided by the Operator through it is to read the Terms of Service and its acceptance by the User; in case of doubts as to the content of the Terms of Service or the lack of acceptance of any of the provisions of the Terms of Service, the User should contact the Operator via the User Service Office.
    • Minimum technical requirements of the computer system that the User wants to use as part of access to the Services provided through the Application:
      • 1000 MHz processor
      • RAM memory: 512 MB
      • Internet connection
      • Browser: supporting HTML5, CSS3 and JavaScript;
    • The minimum versions of the operating system for a smartphone type phone that the User wants to use as part of access to the Services provided by the Application are
      • Android OS 6.0 or higher
      • Apple iOS 8.0 or higher
    • It is expressly stipulated that the Operator is not responsible for Internet access or data transfer within the Internet connection operated by the User’s device.
    • The Operator is not responsible for technical problems or technical restrictions in the computer equipment used by the User, which prevent the User from using the Application or the Services offered through it.
  2. ACCOUNT REGISTRATION WITHIN THE APPLICATION
    • The Operator informs that access to the Services is possible only after creating an Account in the Application, and thus the Customer provides the Operator with his personal data as part of the Application as part of the registration form and in the manner described in this chapter of the Terms of Service, and subject to acceptance of the terms of providing the Services indicated in the Terms of Service, and after the Trial Period, also on the condition of paying for the Subscription Plan selected for a given Account.
    • The Account is created by filling out the registration form made available on one of the Application’s subpages by the Customer.
    • Filling out the registration form requires the Customer to provide at least the following data:
      • User’s name and surname;
      • name of the company for which the Account is registered;
      • User’s e-mail address, which is also a Login,
      • individual User Password;
    • The operator reserves the right to extend the registration form with additional fields, the completion of which will be voluntary.
    • After obtaining the approval by e-mail from the Operator and activating the Account using the activation file sent, the Customer may use without paying the subscription fee for a specified Trial Period. After its expiry, in order to continue using the Account, the Customer must pay the Subscription Fee according to the selected Subscription Plan. In justified cases, at the request of the Customer, an individual Subscription Plan may be agreed.
      • After the end of the Trial Period, the Customer has the right to use the Application only as part of the Subscription Period, which means that at the latest by the last day of the Trial Period, he is obliged to choose the Subscription Plan for his Account, reporting the selection of a specific Plan to the Operator through the User Service Office and make complete the data for account registration, providing:
        • in the case of a natural person / entrepreneur – VAT ID and correspondence address;
        • in the case of a legal person or an organizational unit which is not a legal person to whom the Act has granted legal capacity – the full name of the entity indicating the legal form of the business, NIP and correspondence address;
        • e-mail address for the delivery of an electronic invoice – if the User wishes to settle the Services by means of an electronic invoice by delivering it to the indicated e-mail address.
      • During the Registration, the Customer is required to provide truthful, accurate and current data, not misleading or non-violating the rights of third parties, and in any case changing them when using the Application to update them via the Settings Panel or by reporting via email User Service Office;
      • The Customer is responsible for maintaining proper confidentiality of his Password.
      • The Customer is solely responsible for the content of their data.
      • The Operator reserves the right to block Customer’s access to the Services during the Trial Period, if:
        • will take the justified doubt that the Customer has activated the Account again, after the removal of his Account due to the expiry of the Trial Period,
        • it will be shown that the Customer has used the Account and Services in violation of the provisions of the Terms of Service.
  1. JOINING AN EXISTING ACCOUNT WITHIN THE APPLICATION
    • The Operator informs that access to the Services is possible only after the User enters his personal data as part of the Application as part of the registration form and in the manner described in this chapter of the Regulations, as well as on the condition of accepting the Terms of Service.
    • Joining an existing Account is done by filling in and sending the registration form provided by the Customer.
    • Completing the registration form requires the User to provide at least the following data:
      • Name and surname of the User;
      • User’s e-mail address, which is also the Login,
      • individual Password for the User;
    • The operator reserves the right to extend the registration form with additional fields, the completion of which will be voluntary.
    • During the Registration, the User is obliged to provide truthful, accurate and up-to-date data, not misleading and not infringing the rights of third parties, and in any case change them while using the Application to update them via the Settings Panel or by e-mail via User Service Office;
    • The User is responsible for maintaining the proper confidentiality of his Password.
    • The user is solely responsible for the content of the data provided by him.
    • The User may obtain access to the Account and use the Services provided by the Operator via the Application after logging in to the Application by the User with the use of a Login and Password correctly set individually for each User.
  1. RULES FOR USING THE APPLICATION
    • The Operator reserves the right to modify the technical manner of providing the Services in accordance with the development of technical possibilities and the progress achieved in improving the Services.
    • In order to ensure the security of message transmission and in connection with the Services provided, the Operator takes technical and organizational measures appropriate to the degree of threat to the security of the Services provided electronically.
    • The user is obliged to:
      • use the Application in a way that does not interfere with its functioning, in particular through the use of dedicated software as part of the Application and its own devices, in a manner consistent with its intended use;
      • refrain from taking any actions, especially IT activities, encroaching on the Operator’s competence or aimed at interfering with the structure of the Application or taking possession of information not intended for the User;
      • use the Application in a manner consistent with the provisions of law in force in the territory of the Republic of Poland and the provisions of the Terms of Service;
      • not providing and not placing in the Application content that violates the principles of social coexistence or prohibited by the provisions of applicable law;
      • use the Application in a manner that is not burdensome for other Users and the Operator, respecting their personal rights (including the right to privacy) and all their rights;
    • The Operator does not bear any responsibility for violation of the rights of third parties and for causing any damage to third parties, as a result of and in connection with activities carried out by the User using the Application.
    • The operator does not bear any responsibility related to data transmission, in accordance with art. 12-14 of the Act of July 18, 2002 on the provision of electronic services.
    • The User is obliged to immediately notify the Operator of any case of violation of his rights as part of his use of the Application, as well as of any case of violation of the rules set out in the Terms of Service, of which he has acquired knowledge.
    • The Operator may deprive the User of the right to use the Application, as well as limit his access to part or all of the resources of the Application or Services offered by the Operator, with immediate effect, in the event of violation of the Terms of Service by the User, in particular when the User:
      • will violate applicable law through the Application, in particular the personal rights of other Users;
      • commits other behaviors that are inconsistent with applicable law or general principles of using the Internet, in particular contrary to the purposes of the Application or detrimental to the good name of the Operator.
    • The Customer may at any time request the availability of the Application to delete the Account, in which case all information placed in the Application related to the User Account will also be deleted.
  1. FEES AND CONTRACT
    • The use of Services provided by the Operator under the Application is payable, except for the Trial Period.
    • Detailed information on Subscription Fees and the scope of benefits under individual Subscription Plans can be found in the Price List; any changes to the Price List will be announced on the Website and will be effective for the given Account only after being notified of the change in the Subscription Fee under the selected Subscription Plan and from its next Subscription Period. The Customer will be able to resign from using the Application in the next Subscription Period, if he does not accept new terms.
    • Immediately after receiving information about the selected Subscription Plan and supplementing the data referred to in paragraph 3.5 and 3.6 above, the Operator will issue an electronic invoice for the Subscription Fee for the selected Plan, with a 30-day payment deadline, and will deliver it via the e-mail address provided.
    • The payment should be made by bank transfer to the bank account number indicated on the VAT invoice, with the date of crediting the Operator’s bank account as the payment day.
    • Choosing a Subscription Plan and paying the corresponding Subscription Fee will also automatically subscribe to the next Subscription Period in accordance with the originally selected Subscription Plan. Unless the Customer changes the Subscription Plan or decides to terminate use of the Application, at the beginning of the next Subscription Period, the Operator shall issue and deliver another e-invoice for the Subscription Fee for the originally selected Subscription Plan.
    • Failure to pay the Subscription Fee within 30 days from the payment deadline specified in the invoice delivered to the Customer for the Subscription Fee will result in automatic blocking of access of each User assigned to the given Account. The payment of the Subscription Fee by the User within 14 days from the date of blocking User’s access to the Account will result in immediate unblocking of this access. The ineffective expiry of the 14-day period counted from the date of blocking User’s access to the Account will result in the automatic deletion of the Account and the termination of the Agreement.
    • Subscription Fees are paid at the beginning of the Subscription Period, unless in justified cases a separate cooperation agreement concluded between the Operator and the Customer introduces a different mode of payment.
    • Correct payment of the Subscription Fee will be recorded in the Account Settings Panel under the Application immediately after the payment has been credited to the Operator’s bank account.
    • Provided that the Operator receives the Subscription Fee for the selected Subscription Plan, the first day of the selected Subscription Period (following the end of the last day of the Trial Period) means the day of commencement of the Subscription Period, and this period ends with a date which corresponds to the initial day on which the Subscription Period began , and if there was no such day in the next month – on the last day of a given month.
    • The Account Administrator in the Account Settings Panel has access to payment information, including about current methods of paying the Subscription Fee.
    • During the Subscription Period, the Customer may request the Operator to change the Subscription Plan by contacting the User Service Office and in this case the change of the Subscription Plan will be effective:
      • immediately, from the moment of reporting the change of the Subscription Plan, provided that the Subscription Fee is paid in a higher amount, and it will be calculated proportionally for the number of days remaining until the end of the newly selected Subscription Period. The amount of the fee will be presented to the Account Administrator in the Account Settings Panel.
      • only from the day following the end of the current Subscription Period, if the newly selected Subscription Plan is cheaper than the current Plan.
    • The User may at any time resign from the Operator’s Services and the use of the Application by submitting a statement of termination of the Agreement (according to the formula: https://share.parkanizer.com/documents/statement-of-termination.pdf) by e-mail to the User Service Office office address.
    • If the User has submitted a statement of resignation from the Services at any time, the Agreement shall terminate on the day of the end of the Subscription Period in which the resignation was submitted to the Operator, and there will be no automatic subscription for the next Subscription Period; by the end of this Subscription Period, the Operator is obliged to provide Services and the User may use the Application (he is not entitled to a refund).
  1. SERVICE AVAILABILITY
    • The Operator provides access to the Service on the terms described in detail in the Agreement on the Guaranteed Level of Service Provision at https://www.parkanizer.com/legal/service-level-agreement/
    • The Operator is not liable to Users for non-performance or improper performance of the Services for reasons attributable to third parties (including telecommunications network operators), or due to force majeure, about which the User will be informed immediately.
  1. PROTECTION OF PERSONAL DATA
    • In order to use the Services as part of the Application, the User provides the Operator with personal data specified in these Terms of Service (e.g. by completing forms or conducting correspondence with the Operator).
    • The operator clearly informs that without providing personal data referred to in paragraph 3.3 and 3.6, respectively, the Operator will not be able to provide Services.
    • The User may not use the Services anonymously or under a pseudonym.
    • All personal data that will be provided by the User or collected by the Operator about the User will be processed in a manner consistent with the provisions of law, including in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on protection natural persons in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC, hereinafter referred to as “GDPR”.
    • According to art. 13 and art. 14 GDPR, fulfilling the information obligation towards Users sharing their personal data, the Operator, becoming their Administrator, provides in the Information Clause (https://share.parkanizer.com/documents/information-clause.pdf) all necessary information regarding their processing.
  1. COMPLAINTS
    • All complaints related to the provision of Services by the Operator and questions regarding the use of the Application should be sent to the User Service Office.
    • The complaint should include: name and surname – in the case of a natural person or company – in the case of a legal person or an organizational unit which is not a legal person, which the law grants legal personality and User Login, as well as a detailed description and reason for the complaint, together with the expected User with the method of its consideration by the Operator.
    • Complaints resulting from failure to comply with the Terms of Service will not be considered by the Operator.
    • The operator considers the complaint within 10 (ten) business days from the date of its receipt and immediately informs the User, via e-mail, about how it will be considered. In a situation where the data or information provided in the complaint need to be supplemented, the Operator shall, before considering the complaint, complete the complaint. The time for providing additional explanations by the User extends the complaint handling period accordingly.
    • Consideration of the complaint by the Operator is final.
    • All other notifications, comments and questions regarding the operation of the Application may be sent by e-mail to the address of the User Service Office.
  1. FINAL PROVISIONS
    • The Operator declares that he will take special care to ensure Users a high level of security in the use of the Application. All events affecting the security of information transmission, including suspected sharing of files containing viruses and other files of a similar nature should be reported to the Operator at the address of the User Service Office.
    • The User may not, without the Operator’s written consent, assign or waive the rights and obligations arising from the Terms of Service.
    • Users of the Application may obtain free access to the Terms of Service at any time via a link found on the Website, in the Application or by contacting the address of the User Service Office.
    • The Operator reserves that the Application and the Operator’s graphic elements contained in it, the Operator’s logos, navigation solutions, the selection and arrangement of the content presented within the Application are the subject of the exclusive rights of the Operator and all their use by the User for the purpose and manner other than using the Application is not allowed.
    • In matters not covered by the Terms of Service, the provisions of the Civil Code and other laws shall apply.
    • The Operator has the right to change the Terms of Service at any time, while the User is bound by the new content of the Terms of Service in the event of consent to its content. If the User does not agree to the new content of the Terms of Service, the Agreement shall terminate on the date of the last fully paid Subscription Period.