Promet+
Terms of service
These Promet+ Terms together with
the Privacy Policy and all other additional terms, conditions and information
that may be provided within the Promet+ (collectively “Terms”) govern your
use of the service, site, content and software (collectively
»Promet+" or »app«). By registering for or using the Promet+ 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 Promet+.
DARS hereby grants you a license to use
its Promet+ subject to the following Terms:
1. Registration
and Termination
To use Promet+ 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 Promet+ 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 Promet+.
You may terminate your registration if
you no longer wish to use the Promet+. 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 Promet+ 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 Promet+. When information or content is
removed from Promet+ 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 Promet+
in accordance with the terms and conditions stated in this Terms.
The Promet+ licence is for an
indefinite period of time, on the provison that it ends automatically when you remove
the Promet+ from the device.
Use of Promet+ 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 Promet+ or to lose control of Promet+ in any other
manner.
You are not allowed to make any changes to
Promet+ or any of its parts. Furthermore, you are not allowed to reverse
engineer or decompile Promet+ 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.
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.
The use of Promet+ and the use of the
services are free of charge.
DARS will maintain only the latest, i.e.
current, version of Promet+ to the best of its abilities and will do its
utmost to repair any errors and provide updates.
Furthermore, DARS can develop Promet+
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.
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.
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.
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.
Promet+, including all updates, as
well as the associated services, shall be provided to you “as is”. DARS does
not guarantee that Promet+, 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 Promet+
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 Promet+ 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;
The use of Promet+ and its services
involves personal data (including location details) being processed. DARS is
the party responsible for such processing of data.
The use of Promet+ also involves that
data is temporarily or permanently stored on and read from your device.
By
using Promet+ 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 Promet+ 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.
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 Promet+
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 Promet+
is no longer effective due to changes to legislation, e.g. legislation that
prohibits using the services provided by Promet+ 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 Promet+
app from your devices.
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.
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.