Terms of Use License Plate Activation Portal (my.betterpark.de)

Subject matter and scope of these terms of use

These Terms of Use govern your and our rights and obligations in connection with the use of our exclusively online portal for the activation of parking-authorized vehicle license plates (“Online Portal”, accessible at my.betterpark.de).

Our services

As part of our parking space control and management services, we provide you with an online portal free of charge, with which you can temporarily or permanently activate license plates for the use of one or more parking spaces assigned to you or your user account. The provision of the online portal depends on our respective technical and operational capabilities. Furthermore, we do not guarantee that the online portal can be used without disruption or interruption. We reserve the right to change, restrict or discontinue access to the online portal without prior notice in the event of necessary technical repairs and maintenance work.

Access and use

The online portal is made available exclusively to our clients and third parties named by our clients and includes activation functions for one or more of the client's parking spaces. It is not a publicly accessible online portal. The prerequisite for use is that we have created a user account for you and that you accept the validity of these terms of use at the beginning of use. The latest version of these terms of use applies, which is made available to you when you register for the online portal.

access data

The access data that you receive or provide to register on the online portal must be kept secret and not made available to unauthorized third parties. If you have received registration data, you must ensure that access to and use of the online portal with your user data is only carried out by you as the user or by third parties designated by you. If there are facts that give rise to the assumption that unauthorized third parties have or will gain knowledge of your access data, you must inform us immediately. As a user, you are liable for any use and/or other activity carried out under your access data in accordance with the legal provisions.

Your obligations as a user

You are obliged to provide truthful information about yourself when using the service.You are obliged to comply with the applicable laws when using our online portal. This includes in particular that you may not provide any information about the vehicle registration number if the owner of the vehicle in question does not agree to the information.Other obligations arising from other provisions of these terms of use remain unaffected.

Prices

The service is provided free of charge.

Availability of services

Since our services are provided free of charge, there is no entitlement to use the online portal. However, we will endeavour to ensure that the service is available as uninterruptedly as possible. In the event of outages, please use the text form to activate vehicle registration plates, stating your authorization.

Prohibited actions

As a user, you are prohibited from taking any actions when using the online portal that violate applicable law, infringe the rights of third parties or violate the principles of child protection. In particular, the following actions are prohibited - regardless of any possible violation of the law: - entering personal data, including vehicle license plates, without the consent of the person concerned - entering unnecessary personal data - copying or automated reading (in particular screen scraping) of any information accessible to you in the online portal - using any information made available to you in the online portal for purposes that are not directly related to the license plate activation on the parking space(s) assigned to you - Any action that is likely to impair the smooth operation of the online portal, in particular placing a disproportionate burden on our systems, is also prohibited.

Blocking access

We may temporarily or permanently block your access to the online portal at any time if there are concrete indications that you are violating or have violated these Terms of Use and/or applicable law or if we have another legitimate interest in blocking your access.

Release from liability

As a user, you are responsible for all actions that you undertake in connection with the use of the online portal provided.You release us from all claims made by third parties against us due to a violation by the user of statutory provisions, third-party rights (in particular personal rights) or contractual obligations, representations or guarantees, including the costs of the necessary legal defense (legal and court costs at the statutory rate) upon first request.In the event of claims being asserted within the meaning of Section 10 Paragraph 2, you are obliged to cooperate immediately and fully in clarifying the facts and to make the information required for this available to us in an appropriate manner.

Limitation of liability

We shall be liable without limitation for all damages caused by us only in the event of intent or gross negligence.

In the case of slight negligence, we are only liable without limitation in the event of injury to life, body or health. Otherwise, we are only liable if we have breached a material contractual obligation. In abstract terms, material contractual obligations are those obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the user can regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damage. Insofar as our liability is excluded or limited according to the aforementioned provisions, this also applies to our vicarious agents. Liability according to the Product Liability Act remains unaffected.

data protection

We ensure that your personal data is only collected, stored and processed to the extent that this is necessary for the contractual provision of services and permitted by statutory provisions or ordered by the legislator.In the event that declarations of consent under data protection law are obtained from you as part of the use of our services, please note that you can revoke these at any time with effect for the future.In order to provide the services of the online portal for you, the use of personal data from your end device is necessary. In this context, the MAC addresses of end devices may also be temporarily stored. Furthermore, we may store protocol data ("log files") for up to 90 days after the expiry of the parking authorizations granted. This data may be assigned to you or a vehicle owner and serves as proof of activations.

Final provisions

The law of the Federal Republic of Germany applies, whereby the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

If you are a merchant, a legal entity under public law or a special fund under public law, our registered office is the exclusive place of jurisdiction for all disputes arising from the contractual relationship. Should individual provisions of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions.

Stand: 16.08.2021