APCOA Flow - Terms & Conditions

APCOA PARKING Deutschland GmbH
Flughafenstraße 34
70629 Stuttgart
E-mail: service(at)apcoa.de
Represented by the managing director Mrs Katrin Teichert, registered in the Commercial Register at the Local Court of Stuttgart, No. HRB 221831
Sales tax identification number: DE227818589 (pursuant to § 27 of the VAT law)

PROVIDER

APCOA Parking Italia S.p.A.
Via Renzo Zanellini n. 15
I-46100 Mantova
E-mail: info(at)apcoa.it
PEC address: apcoa.parking.italia@pec.wt4.it
Represented by the Managing Director Dott. Arturo Benigna, registered in the business register at the Chamber of Commerce, Industry, Handicraft and Agriculture of Mantua No. 01176050217
VAT number: 01578450205

I. App description

The software is a downloadable software application ("Software" or "App") that allows the users to access APCOA Flow functions directly from your Android, iPhone, iPad or other mobile device, as long as the hardware is supported by APCOA Flow and is compatible with the App. Which devices and software versions are compatible with the App, results from the description of the App in each App Store, through which the App is downloaded and installed.

You can download the App regardless of whether you are using APCOA Flow Service or not. However, in order to activate the full functionality of the App, you need to set up and activate a free user account with APCOA Flow. The valid General Terms of Access and Use of APCOA apply to this.

After the registration, the App provides access to APCOA Flow's digital services. These enable the authorised user to enter and leave the car parks and parking lots ("parking facilities") covered by APCOA Contactless Flow , the automatic billing and payment for the associated parking processes and, if applicable, the use of additional APCOA Flow Services.

II. End Customer License Agreement ("EULA")

1. Introduction

This End User License Agreement ("EULA") is a legally binding agreement between you as an individual or entity, and APCOA Parking Italia S.p.A. ("APCOA"). You agree to abide by the EULA Terms and Conditions if applicable when you download, install or use this App for Android, iOS or any other mobile platform. If you do not agree with the EULA, please do not check the box "I accept the terms and conditions" and do not use the App.

By installing or using the App, you declare that you have read, understood and will comply with the EULA.

1.1 Contract partner and purpose of use

This App is offered by APCOA in an App Store ("platform") of the respective operator ("platform operator"). The contractual party of the user is APCOA.

The platform operator is not the user's contractual party for the App or its content.

1.2 User of the App and purpose of use

The user is a contractual party for the use of this App, either as a private individual or as a representative of the company where he is employed. If the user concludes the agreement for the use through his company without being entitled to do so, he shall himself become the contracting party pursuant to this EULA.

This App may only be used by the following users and for the stated purposes: This App may be used by any user for personal or business purposes.

1.3 Function and purpose of the App

The function and purpose of the App is described in the App description.

1.4 Registration

In order to use the full functionality of the App, the registration of a user account is required. For this purpose, the user must enter the data for the user account completely and correctly, and must keep it up to date at all times. The handling of this data is governed by Part II.

2. Rights of use, data usage

2.1 Range of the usage rights

The user will receive the time-limited, non-exclusive, non-transferable, revocable and free of charge right to use the App in accordance with this EULA and only for personal purposes. Amendments, deviations and additions may result from the information and conditions for Free and Open Source Software ("FOSS") pursuant to Paragraph 2.2 and for external content pursuant to Paragraph 2.3.

2.2 Rights to use FOSS

The App may contain components of Free and Open Source Software ("FOSS"). The information, terms and conditions for FOSS shall take precedence over EULA.

2.3 External contents

The App may contain or use components (software or content) from third parties. The information and terms and conditions of use concerning external contents take precedence over EULA. Insofar as rights to these external contents are granted directly by third parties, the user will conclude a contract with the respective third party in accordance with the corresponding conditions of use, when these EULA are agreed-upon. In the event of a violation, the third party may assert claims against the user.

2.4 Termination of the rights of use

Prerequisite for the usage rights granting is the compliance with this EULA. In the event of a violation of this EULA by the user, the rights to use the App including its content shall automatically cease to apply.

Irrespective of this, publishers and providers of the App can terminate the usage rights at any time through a unilateral declaration with an immediate effect.

2.5 Violation

In addition to a termination of the usage rights, a violation of this EULA may have further legal consequences for users, e.g. due to the illegal use of the App and its contents. This also includes a use of the App that is different from the provisions of this agreement with the consequent possibility of claim for damages.

2.6 Data protection

APCOA protects the user's personal data and uses it exclusively to the extent permitted by law or with the user's consent in cases where the same is required; more detailed information on this can be found in the Data Protection Statement, which is available via the App or on Apcoa website at https://www.apcoa.it/privacy/.

3. User obligations

3.1 Confidentiality

The user may only use the content of the App for his own private use, and may not make it accessible to the public, for example, in social networks or in other ways.

3.2 Obligation to report defects

The user shall immediately notify the contact point specified under Customer Service of any malfunctions in connection with the App usage.

3.3 Legitimate use

The user is obliged to only use the App legally in accordance with this EULA, and in accordance with the applicable law. This is within the user's scope of responsibility.
“PLEASE NOTE that you must be the person registered as the keeper of vehicle being entered or are authorised by them to use and register that vehicle.”

4. Prohibitions

4.1 Transfer and utilization prohibition

It is not permitted to make the App available, publish, license, sell or otherwise commercially exploit the App for a consideration or free of charge. No rights to the App may be rented, leased or otherwise transferred.

4.2 Block modifications

It is not allowed to modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the App's source code. It remains unaffected the possibility for the user to request the App Owner to provide interfaces for interoperability with other systems and, if not provided, to perform reverse engineer.

5. Effect on software or websites of the editor or third parties

Any use of the App that has a negative effect on the App itself or any associated websites or software accessed by the App is prohibited.