DarsTraffic+
Terms of service

These DarsTraffic+ Terms together with the Privacy Policy and all other additional terms, conditions and information that may be provided within the DarsTraffc+ (collectively “Terms”) govern your use of the service, site, content and software (collectively »DarsTraffic+" or »app«). By registering for or using the DarsTraffic+ or any portion of it you accept the Terms.

The Terms constitute an agreement between you (You) and DARS, d.d., Cesta XIV. Divizije 4, 3000 Celje, Slovenia, including its affiliates and suppliers (collectively “DARS”), defining your and DARS's rights and responsibilities with respect to the DarsTraffic+.

DARS hereby grants you a license to use its DarsTraffic+ subject to the following Terms:

1.     Registration and Termination

To use DarsTraffic+ you may need to register and create an account with username and password. You may need to provide us with certain personals and othe information. DARS may verify your email address before account can be used.

You agree to provide truthful and complete information when you register for the DarsTraffic+ and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify DARS about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the DarsTraffic+.

 

You may terminate your registration if you no longer wish to use the DarsTraffic+. After termination, you will no longer have access to some services in the app. DARS may terminate your registration or restrict your access to certain parts of the DarsTraffic+ if DARS reasonably believes that you have breached the Terms or with prior notice if you have not signed into the app with your username in the past two (2) years.

 

Except as set forth in the Privacy Policy, DARS is not responsible for any removal or loss of the information or content you have submitted to the DarsTraffic+. When information or content is removed from DarsTraffic+ by either you or DARS, traces or copies may still remain elsewhere.

 

2.     License and license conditions

DARS hereby grants you a non-exclusive license, revocable at any time at DARS's sole discretion, to use DarsTraffic+ in accordance with the terms and conditions stated in this Terms.

The DarsTraffic+ licence is for an indefinite period of time, on the provison that it ends automatically when you remove the DarsTraffic+ from the device.

Use of DarsTraffic+ does not grant you any intellectual property rights in or to any information or content in the app.

 

You are solely responsible for taking backup copies of the data you store on the app. If the app is discontinued or canceled, DARS may permanently delete your data. DARS has no obligation to return data to you after the app is discontinued or canceled.

You are not allowed to distribute, sell, copy or transfer DarsTraffic+ or to lose control of DarsTraffic+ in any other manner.

You are not allowed to make any changes to DarsTraffic+ or any of its parts. Furthermore, you are not allowed to reverse engineer or decompile DarsTraffic+ or any of its elements, other than for such situations where this is allowed pursuant to copyright subject to mandatory provisions of law and on condition that you have been given prior written permission from DARS in this regard. DARS is allowed to attach conditions to such permission.

  1. Using the services and contents

You agree to:

 

-        Comply with applicable laws, the Terms and good manners;

-        Use the app only for your personal, non-commercial purposes;

-        Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate material;

-        Respect the privacy of others;

-        Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or

-        Not use any other technologies or initiate other activities that may harm the app, or the interest or property of the app users.

-        Not to use any automated systems or means to access, acquire, copy or monitor any part of the app.

-        Be responsible for the consequences related to the material that you post.

-        Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the app;

-        Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the content of the app;

 

DARS may but has no obligation to:

 

-        Monitor or moderate any content or material;

-        Remove any material from the app; and

-        Restrict access to any part of the app at any time in its sole discretion.

DARS will:

-        Actively attempt to achieve the greatest possible availability of the services within the app. However, DARS cannot guarantee that the services will be continually available.

-        Actively attempt to make sure that the information offered by means of the app is correct, and that the relevant service provision is carried out correctly. However, DARS cannot guarantee that all information offered and/or services provided are free of errors, suitable for a certain purpose or suitable for regular use.

You can make suggestions to the DARS for various services as to adding, improving or removing certain information. DARS will consider such content, but is not under any obligation to comply with all such suggestions.

  1. Price and Payment

The use of DarsTraffic+ and the use of the services are free of charge.

  1. Maintenance and Updates

DARS will maintain only the latest, i.e. current, version of DarsTraffic+ to the best of its abilities and will do its utmost to repair any errors and provide updates.

Furthermore, DARS can develop DarsTraffic+ updates if deems this appropriate and desirable.
Updates shall be distributed solely through the aplication stores and the technologies provided for this purpose by the providers of the store.

You are not under any obligation, but is explicitly recommended, to install all updates or have them installed. DARS explicitly states that the services may work only with the latest, i.e. current, version of the app. This means that any failure to install Updates may lead to a loss of some, or the absence of all, functionalities in the app.

  1. Support

DARS shall offer you support free of charge.

Such support is only offered for the latest version of the app.

Although DARS will do its utmost to solve any issues, support is offered “as is” and without any guarantees. DARS cannot guarantee that any responses given will be correct.

Support is solely offered through the website www.promet.si, e-mail.

Given the ‘free-of-charge’ character of support, DARS has the right to stop providing support if you ask for support on an excessive basis.

  1. Intellectual property

The app i.e. the services, content and software are protected under international copyright laws. DARS claims copyrights in its app to the maximum extent of the law. Subject to the Terms, DARS retains all right, title and interest in the app, its content, the software and in all other DARS products, software and other properties provided to you or used by you through the app.

  1. Liability

You explicitly agree and acknowledge that the use of the app is at your sole risk and that you may be exposed to content from various sources.

 

In no case will DARS be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the app.

 

  1. Guarantee

DarsTraffic+, including all updates, as well as the associated services, shall be provided to you “as is”. DARS does not guarantee that DarsTraffic+, nor the services, will function without any interruption, be free from errors or be suitable for any specific purpose, or that the information offered will be complete, or that errors or other problems will be remedied in updates and/or modifications of the service.

DARS emphasises that any use of DarsTraffic+ and the services by you will be at your own responsibility. More specifically, DARS would like to remind you of the following in this context:

-        that DarsTraffic+ and its services are not intended to be used in order to bypass or evade compliance with traffic or other legislation and regulations;

-        that the device should not be operated by the driver while driving;

  1. Privacy and the processing of personal data

The use of DarsTraffic+ and its services involves personal data (including location details) being processed. DARS is the party responsible for such processing of data.

The use of DarsTraffic+ also involves that data is temporarily or permanently stored on and read from your device.

By using DarsTraffic+ and its services, you give DARS permission for such processing of personal data and other data.

The purposes of such processing, and other information regarding such processing of personal data or other data, can be found in DarsTraffic+ Privacy Policy

DARS reserves the right to change the Privacy Policy. The latest version of the Privacy Policy can always be found on website www.promet.si. You hereby agree to such changes, on the understanding that, if obliged by law, DARS shall ask for your permission or supplementary permission before processing your personal data in accordance with a new privacy statement.

  1. Term, termination and the consequences of termination of the licence

DARS can terminate the license provided withg this agreement in writing with immediate effect and block your access to the aplication and its services:

-        if you fail to comply with your obligations from this Terms;

-        if you submit user-generated content that is incorrect or that is contrary to the law, public order or good morals on a more than incidental basis;

-        if you publicly advertise DarsTraffic+ and/or its services as a means of circumventing compliance with traffic or other legislation or of circumventing checks of such compliance with legislation;

-        if DARS finds that operating DarsTraffic+ is no longer effective due to changes to legislation, e.g. legislation that prohibits using the services provided by DarsTraffic+ to users;

If this agreement is terminated for any ground or reason, all rights that have been granted to you pursuant to this agreement shall automatically lose effect and you shall be obliged to remove DarsTraffic+ app from your devices.

  1. Other provisions

If a competent judicial body or a competent administrative body finds that any provision of this agreement is null and void or unenforceable, this will not affect the other provisions of the agreement and all such provisions not affected shall remain in full force and effect.

If DARS transfers its company to a third party, it shall be entitled to then also transfer its rights and obligations from this agreement to such third party. Furthermore, DARS shall be entitled to transfer its rights and obligations from this agreement to any third party on any other grounds, but in this latter event DARS shall be liable in respect of the user for such third party performing the obligations. You hereby accept such transfer by DARS and undertake to cooperate with it as required.

  1. Applicable law and competent court

This agreement shall exclusively be governed by Slovenian law.

Any and all disputes resulting from or in connection with this agreement or any further agreements in connection with this agreement shall exclusively be adjudicated by the competent court in the country where user is domiciled as the court of first instance.