These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of TLV s.r.o., ID No.: 26106191(hereinafter referred to as "Provider") regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a contract concluded between the Provider and another person (hereinafter referred to as the "User") regarding (i) the vehicle monitoring service (hereinafter referred to as the "Service" or "Services") provided by the Provider and (ii) the delivery of a so-called satellite (tracking) on-board unit (hereinafter referred to as the "HW-unit" or "Goods").
The contract between the provider and the user for the provision of services is hereinafter referred to as the "Service Contract", the contract for the supply of the HW-unit is hereinafter referred to as the "Purchase Contract", and both of the above-mentioned contracts are also referred to as the "Contract" in their context, both together and separately.
Provisions deviating from the terms and conditions may be agreed in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions.The provisions of the terms and conditions are an integral part of the contract.
SERVICE
The service allows the user to:
monitor the movement of vehicles,
detect their location, evaluate the progress of individual journeys
generate an electronic logbook based on the data obtained.
The data on the vehicle's journey and position are transferred from the HW-unit located in the vehicle via GPRS to a server (data storage) operated by the provider or a third party authorised by the provider, where they are stored in a database. A SIM card with a tariff supporting the above data transfer method must be installed in the HW-unit of the vehicle. The SIM card may be owned by the provider or by the user.
In the case of delivery of a SIM-card together with a HW-unit, the SIM-card remains the property of the provider and is lent to the user for the period of the paid subscription. During this period, the user is obliged to protect the SIM-card from damage, loss or destruction. This SIM card may not be used for any other purpose. Misuse of the SIM-card shall be considered a serious violation of the user's rights and obligations, as a result of which the provider shall be entitled to immediately block the SIM-card and interrupt the provision of the service. During the term of the contract, the user shall be liable for damage, loss, destruction or misuse of the SIM-card lent to him and shall be obliged to compensate for the damage caused.
Data transmissions take place by default only in the Czech Republic. If the user requires data transfer abroad, this is specified in more detail in the price list.
The user of the service shall have access to data on his/her vehicles and logbook via a web interface available on the provider's website, currently located at www.gpsdozor.cz (hereinafter referred to as the web interface). He/she shall prove his/her identity when accessing the web interface by means of a username and password attached to the HW-unit or sent by the provider to the user's electronic address (hereinafter referred to as the access data).
The service uses GPS to determine the location and speed of the vehicle. This technology enables relatively accurate localisation with a deviation from reality of a few percent. Data transmission is realized by GPRS or CSData transmissions.The technology of data transmission from the HW-unit is chosen by the user when choosing the monthly tariff and can be changed after agreement with the provider.
The interface also allows the user to enter fuel consumption data. Based on the data entered in this way and GPS data on vehicle operation, the web interface processes statistics on the consumption of individual vehicles. The accuracy of this data depends mainly on the correctness of the user's input of the vehicle refuelling information.
The web interface allows you to view individual rides on maps of Western and Central Europe. The rights and licenses for further use of the map data are not included in the service.
The accuracy of the odometer reading depends on the error rate of the GPS technology used, the nature of the routes traveled, and the driving behavior of the vehicle. The absolute error is partially corrected by a correction factor calculated from the vehicle speedometer data entered into the system by the user. For the automatic correction to work properly, the tachometer reading must be entered at least once a month.
The Provider ensures that the data on the server (data storage) will be archived for the users of the Service for a period of twenty-four (24) months from their acquisition, after which the data may be removed by the Provider.
RIGHTS AND OBLIGATIONS OF THE PROVIDER, EXCLUSION OF LIABILITY OF THE PROVIDER
The provider undertakes to provide the user with a service consisting of:
activation of the account on the server (data storage)
commissioning of data transfers between the server (data storage) and the HW-unit; and
providing the access data necessary to work with the web interface.
The Web Interface is an application with normal accessibility twenty-four (24) hours a day, seven (7) days a week; however, the Provider does not undertake to ensure the accessibility of the Web Interface on a continuous and uninterrupted basis. The User expressly acknowledges and accepts this fact. However, the Provider is entitled to interrupt accessibility only in justified cases (e.g. during system maintenance or server upgrades) and to inform the User in advance of the planned interruption of the accessibility of the web interface or the availability of services. In the event of a technical malfunction on the part of the provider or any third party, the provider is entitled to interrupt the accessibility of the web interface or the availability of the services even without prior notice. The provider will make reasonable efforts to maintain the continued availability of the service. However, the Provider shall continuously develop the application and continuously modify and add new functionalities to the service. The service is updated automatically several times a month, the provider is not obliged to inform the user about these changes.
The Provider undertakes not to disclose any data on the User's vehicles to third parties without the User's written consent, except where such cooperation is required by law, a decision of a court or other public authority or a comparable circumstance.
If the user of the service terminates the service contract or the provision of the service is suspended due to any outstanding obligations of the user towards the provider, or in case of misuse of the provider's equipment, the provider is not obliged to make available to the user the data on the operation of the user's fleet for the period of use of the service.
Furthermore, the Provider is not responsible in particular for:
service interruptions resulting from an internet connection failure, unavailability/reduction of GPS/GSM signal or damage to the HW-unit by the user or a third party;
for any damage caused by the provision of the user's access data to third parties or the misuse of the user's access data by any unauthorised person.
The Provider undertakes to make the web interface available to the User upon payment of the subscription fee (i.e. payment of the relevant price for the services). The scope of the services made available on the web interface is specified when the subscription is purchased. The duration of access is determined by the length of the subscription purchased.After the subscription has expired, the user shall be allowed to access the web interface for a further thirty (30) days, but only vehicle data up to the date of expiry of the subscription shall be displayed.
After purchasing a subscription for the next period, access to the service is renewed to the extent of the newly purchased subscription. The newly purchased subscription shall be deemed to commence on the day immediately following the expiry of the previous subscription, even if the new subscription was purchased after that date.
The User acknowledges and agrees that the Provider does not have information about the specific vehicle in which the HW-unit is currently physically located at any given time (i.e. whether it has not been moved to another vehicle, for example) and relies on data and information from the User in this respect. The provider is thus, inter alia, not able and not obliged to provide the user with any records or statistics of the user's use of the service in relation to a specific vehicle.
The provider is entitled - without being obliged to inform the user in advance - to restrict or block the service and/or access to the web interface, in particular in the case of:
breach of contract by the user; and/or
any threat or danger to the Provider or to a third party involved in the provision of the service; and/or
any threat or danger to the web interface, access to the web interface or the provision/use of the service; and/or
and/or if it becomes aware of any possible misuse of a user's access data.
USER RIGHTS AND OBLIGATIONS
The user undertakes not to physically interfere with the HW-unit intended for the service. If the user receives the packaging of the HW-unit intended for the service before its installation in the vehicle, the user is not entitled to open or otherwise disturb the packaging. If the original packaging of the HW-unit is opened or tampered with, the user loses the right to have the HW-unit installed at an authorised service centre and the warranty relating to the HW-unit.
The User acknowledges and agrees that if the HW-unit is installed by other than an authorized service provider, a faulty installation may occur and the Provider is in no way responsible for the error-free operation of the HW-unit. The Provider shall also not be liable in any way for defects caused by unprofessional installation of the HW-unit if the installation is provided by other than an authorized service provider.
The user, if the monitored vehicle is used by a third party, is obliged to notify this person that the provider records and has information about the location of the monitored vehicle and is also obliged to secure the consent of this third party that the movement of the vehicle in which the HW-unit has been installed will be monitored by the provider. The Provider shall not be liable to such third party in this respect.
The User further agrees that, among other things:
not to use any equipment or software that would lead to a disruption of the functionality of the Service, the HW-unit and/or any equipment, infrastructure or other service provided by the Provider;
not to intervene in the settings of the HW-unit, not to change the set parameters himself;
not allow access to the web interface to unauthorised persons, not publish or otherwise disclose access data;
change the user's access password immediately after the first login after receiving the (activation) access data to the web interface;
will not use the service in such a way as to place an undue burden on the provider's infrastructure and/or the infrastructure of the service;
maintain confidentiality of facts learned in connection with the provision of the service, except for information that is freely available;
inform the Provider without undue delay of any changes to any of his/her details provided at the time of registration or commencement of the Service.
The User acknowledges that the Service is provided to the User as an end user and that he/she is not entitled to provide the Service in any way to third parties for payment or free of charge without the prior written consent of the Provider.
The user is obliged to ensure that all persons accessing the web interface using the login credentials specified by the user and using the web interface are authorised to represent the user to the extent necessary, or to act on behalf of the user.
Users forming a sub-group of the user, such as in particular the user's employees or other authorised collaborators and representatives, shall only address their questions to the designated authorised contact persons on the user's side, not to the provider. The user is obliged to ensure that these users are adequately trained and instructed by the user on the conditions of use of the service / HW-unit. The price of the service includes technical support only for these authorised contact persons. Any technical support provided to other persons on the user's side will be provided by the provider only with the prior written consent of the user and for an agreed fee.
DURATION OF THE SERVICE CONTRACT, TERMINATION OF THE CONTRACT
The service contract is concluded for an indefinite period of time.
Both the Provider and the User are entitled to terminate the Service Contract in writing without giving reasons.The notice period is one month and begins on the first day of the month following the day on which it is delivered to the other party.
The Provider's rights to restrict the provision of the Service prior to termination of the Contract under these Terms and Conditions remain unaffected.
PERSONAL DATA PROTECTION
Protection of the user's personal data is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
The User agrees to the processing of the following personal data: name and surname / name, or company name, residential address / registered office address, identification number, tax identification number, e-mail address, telephone number in the event that these data are personal data within the meaning of the relevant legislation (hereinafter collectively referred to as "personal data").
The user agrees to the processing of personal data by the provider for the purposes of exercising the rights and obligations under the contract and for the purposes of maintaining the user account in the web interface. Unless the user chooses otherwise, the user also agrees to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of a contract.
The User acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Provider without undue delay of any change in his/her personal data.
The provider may entrust a third party as a processor with the processing of the buyer's personal data. Except for persons transporting goods or persons involved in the provision of the service, personal data will not be transferred to third parties by the seller without the prior consent of the user.
Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.The user confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
Should the user believe that the provider or processor (Article 6.5) is processing his/her personal data in a manner contrary to the protection of the private and personal life of the purchaser or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he/she may:
request an explanation from the provider or processor,
require the provider or processor to remedy the situation.
If the user requests information about the processing of his/her personal data, the provider is obliged to provide him/her with this information. The provider shall have the right to charge a reasonable fee for the provision of the information referred to in the preceding sentence, not exceeding the costs necessary to provide the information.
FINAL PROVISIONS
Legal relations arising in connection with the contract or its subject matter shall be governed in the alternative by the relevant legal regulations, in particular the Civil Code.
If, with the consent of the provider, the goods are delivered before payment of the purchase price, the user acquires ownership of the goods only upon payment of the full purchase price of the goods.
If the relationship established by the contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.
The Contract, with all its components, supersedes all prior understandings and agreements, if any, between the parties relating to the subject matter of the Contract. No additional oral agreements to the Contract have been made. Any amendments or additions to the Contract shall be in writing.
The Parties agree that the User is not entitled to assign or transfer the Contract (or any part thereof) to a third party without the prior written consent of the Provider. The User shall be entitled to set off its claim against the Provider's counterclaim only if the set-off claim has been validly granted to the User by a court.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The User hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.s
