Terms and conditions of website cityzenparking.com
I. General
The sole owner and administrator of the website www.cityzenparking.com (hereinafter referred to as “the website”) and the application Cityzen Parking & Services (hereinafter referred to as “the application”) is Cityzen Parking Systems SA. (“Company” or “Cityzen”) based at 294, Kifisias Ave. and 1, Tzouna st., Kifisia, P.C. 14563, TIN 099875468, Tax Office OF SA COMPANIES OF ATHENS
Cityzen offers the use of the website under the following terms and conditions. Users are asked to carefully read these terms of use and use the website only if they fully accept them.
If someone does not agree with these Terms of Use, the General and Special Parking Terms within Cityzen Vehicle Parking spaces as well as the Privacy Policy of the website, they must refrain from using the Cityzen website and services. Anyone who chooses to use the website and/or the services provided through it is presumed to unconditionally accept these Terms of Use- including expressly the General and Special Parking Terms within the Vehicle Parking Spaces of Cityzen parking & services- as well as the Privacy Policy.
II. Intellectual property
The website contains Material which belongs to Cityzen and/or Cityzen has obtained the necessary licenses to use it. Cityzen Material is protected by laws on copyright, intellectual property, industrial property, trademarks and trade secrets. Cityzen reserves all rights to the Cityzen Material, the website. The company name Cityzen Parking Systems Societe Anonyme, the distinctive title Cityzen Parking & Services, the logo and the trademark are a registered company name, a registered distinctive title, a registered logo and a registered trademark of Cityzen Parking Systems SA. and may not be used, copied or imitated without the prior written consent of Cityzen. All icons, logos, graphics adapted to the commercial image of the website constitute its trade dress and may not be used, copied or imitated without the prior written consent of Cityzen. Falsification, concealment or removal of any distinctive mark in respect of an industrial design, trademark or any other intellectual property right contained in or accompanying Material of Cityzen or of third parties is strictly prohibited. Alteration, adaptation, execution, presentation, publication, distribution, reproduction, sale, licensing, retransmission, transmission, creation of derivative works of Cityzen Material without the prior written consent of Cityzen is prohibited.
III.Creating an Account / User Profile
The website provides users with services after completing the process of registering their data.
Upon completion of the registration process, the user will receive a confirmation email at the email address given during registration.
Users are solely responsible for all operations performed under their personal password, username and generally their account (user account).
Users must immediately notify the Company of any unauthorised use of their account and any breach or threatened breach of security of their account.
Users are responsible for logging out of their account at the end of using the website.
A user wishing to register for the website must provide true, accurate, complete and valid information as required by the application and maintain this information valid, complete, accurate and true by updating their data in the website whenever a change of these data occurs or it is found that some correction is required. The Company reserves the right to request at any time from any user the provision of supporting documents to confirm the data they have stated in the website.
The user's data that will be requested from the website to complete their profile are the following: Name, Surname, E-Mail, telephone number and vehicle license plate.
Each user can register multiple vehicle license plates in their profile.
A user can browse the website as a guest user (i.e., without having created a user account), in which case they will only be able to see the stations and information about them.
By creating a user account in the Cityzen Parking & Services application or on the website www.cityzenparking.com, the user can use the website or the application respectively with the same access details (username & password). In other words, the user is NOT required to re-register on the other medium (website or application) to use it. BUT by using the application or the website, the user is required to accept the respective terms of use. Users are NOT provided with the same features through the application and through the website and users are asked to carefully read the respective terms of use and accept them.
IV. Ethical Rules of Application Users
Users acknowledge and agree that they are solely responsible for the Material they post, send, transmit and make available on the application.
The Company, the management and its associates bear no responsibility in this regard. The Company may control the Material posted in the website by the users but is NOT obliged to do so. The Company does NOT guarantee the accuracy, completeness, legality and quality of the Material posted on the website by users. The Company is NOT liable for any error or omission in any Material or for any damage and/or loss arising out of or in connection with the Material that users post, send, transmit, make available to the website.
Users must comply with all applicable national and international laws and regulations.
In particular, directly or indirectly:
It is forbidden to post, send, transmit, dispose through the website, Material that is Illegal, threatening, defamatory, offensive, abusive, racist, pornographic, vulgar, threatening, infringing intellectual property rights, inciting feelings of hatred.
It is forbidden to post, send, transmit, distribute through the website Material that contains malware, viruses.
It is forbidden to post, send, transmit, distribute through the website Material in order to promote unwanted content (spam)
The false/ misleading statement of data, whether of a natural person or a legal entity, expressly including the existence of cooperation or any relationship with any natural person or legal entity, is prohibited.
Users are prohibited from engaging in any commercial activity through the website, including sales, advertising, contests, unless they have the prior written consent/ permission of the Company.
It is forbidden to post, send, transmit, distribute through the website Material that violates the privacy of other users or any third party.
Data collection from the website is prohibited.
The use of the website for the purpose of research, monitoring, harassment of usera is prohibited.
It is prohibited to change or modify the website or change or modify any other webpage or application in order to falsely imply that such webpage or application is linked in any way to the website and/ or to Cityzen.
Reverse engineering, decoding, source code reconstruction, disassembly or attempting to extract source codes or algorithms or any part of the website is prohibited, except to the extent that applicable laws expressly prohibit such restriction.
The collection of Material from the website by automated means is prohibited.
Reproduction, republishing, creation of derivative works, sale, marketing, exchange, demonstration or otherwise exploitation of the website is prohibited, unless expressly permitted by the Company.
It is prohibited to copy, rent, distribute or otherwise transfer the rights of users arising from these terms of use.
Users are not allowed to act in a way that interferes with the proper and orderly function of the website.
Users are not allowed to act in a way that causes or may cause excessive load on the website infrastructure and/ or the Company
Users are not allowed to bypass measures used by the Company to prevent or restrict their access to the website, if the Company has suspended or denied their access to it.
Users may not in any way violate these terms of use, expressly including the privacy policy.
ATTENTION: The Company reserves the right to remove, delete, edit, modify, limit, exclude Material, User Material explicitly included, at its sole discretion, without prior notice and reasoning, which in its sole discretion is considered to violate these terms of use. The Company reserves the right to deny access to or to restrict, suspend or completely exclude a user from the website.
V. Reservation - Payment for a parking space in a Cityzen parking space
The website allows users to make a reservation and - purchase - payment for parking spaces provided by Cityzen in Cityzen parking spaces. The Reservation of a parking space in the parking spaces of Cityzen can be done ONLY by its simultaneous payment. In other words, the payment of the corresponding amount is required. Reservation is NOT made without payment. The Reservation - Payment can be made only for one parking space at a time. When making the reservation - payment of a parking space, the User must specify exactly the desired duration of parking.
Through the website, the reservation - payment of a parking space can be made no later than one (1) hour before the date and time, for which the parking space is requested in the desired parking station.
In case the Parking Duration of your vehicle is shorter than the period specified in the Reservation - Purchase Confirmation that you have received through the website, your charge will not be modified, it will remain the same as the prepaid reservation fee specified in the confirmation - purchase email concerning your parking space.
In case the User does not use the parking space (non-show), there will be no possibility to cancel the prepaid reservation. In case the User wishes to cancel the prepaid parking reservation before entering the parking space in a Cityzen parking space and in order to get a refund of the prepaid amount, they must inform Cityzen either via email at customerservice@cityzen.com.gr or by telephone at 213 0 600 000 no later than twenty-four (24) hours before the day and time of the beginning of the period for which the reservation has been made. If the User informs in the above ways about the cancellation of the prepaid reservation in less than twenty four (24) hours from the day and time of the beginning of the period for which the reservation has been made, they will not be entitled to a refund of the prepaid amount.
The reservation - purchase of a parking space made by you is not transferable to a third party and is valid only for the specific dates and times, the price and the parking space specified in your reservation.
During the reservation of a parking space, and after the desired date and duration of stay in the space has been selected, you are asked to enter your credit card details on the website via an encrypted payment system (Braintree - PCI compliant) to make the payment and make your transaction complete and successful.
In case of extension of an online prepaid reservation, the extension will be considered as a new reservation. The charges for the new reservation will be based on the spaces and products available at the specific time and may differ from the prices provided when you made your original reservation- including the possibility that the charge for the extension of the reservation made via the website, and/ or prepaid via the website, is calculated based on the charge corresponding to the on-site reservation at the local stations and not based on the charge according to which the initial reservation was made via the website. In case of reservation extension you can pay the cost for your extra time of stay via the application by tapping the car icon at the top right of the screen. In case of extension you can NOT pay the cost for your extra time of stay via the website.
After making the reservation - payment for a parking space through the application, a unique code related to their reservation is sent to the User through it. A Confirmation e-mail of the Reservation - Payment is sent to the users via e-mail to the e-mail address they stated during the creation of their profile. This E-mail includes the details of the reservation (name, vehicle license plate), the electronic receipt of the transaction and instructions for the reservation. If you do not receive the above-mentioned e-mail within four (4) hours of making your reservation please contact Cityzen immediately.
Please note that you can request that a new reservation confirmation be sent to you by calling 2130600000 or by sending an e-mail to customerservice@cityzen.com.gr
The reservation does not bind a specific parking space.
A confirmation e-mail is sent to the e-mail address you stated at your registration and regarding the reservation of services, which includes the following information Name, Surname, Reservation Number, Date and time of entry and exit, parking cost, license plate number, parking space and purchase receipt if you have prepaid.
A user can NOT pay the cost for a parking space via the website, for which a preservation has not been made via the website.
VI. How to book a parking space at Athens International Airport via the website
The website allows you to Book a parking space in the Parking Facilities of Athens International Airport (AIA), and in particular, Short-term 1 and 2, Long-term, Economy and Valet parking. However, payment of your booking via the website is not currently supported. The website also allows you to amend or cancel your booking but no later than 24 hours prior to the scheduled time of entry. Please note that, insofar as AIA’s parking facilities are concerned, you may NOT book and/or pay for other services, such as car wash / sanitisation, via the website. The only service available via the aforesaid website is the booking of a parking space in AIA’s parking facilities, as indicated above.
Please note that the booking of a parking space – confirmed as described below (in the Booking Confirmation e-mail) - constitutes a contract between the User and AIA. Once the booking has been confirmed, AIA commits itself to make available to the User a parking space in the Parking Facility requested (Short-term 1 and 2, Long-term, Economy and Valet parking) for the time period specified by the User. Therefore, a contract is automatically entered into between the User and “Athens International Airport S. A.” (“AIA”) with its principal place of business at Spata, Attica, P.C. 190 19, and taxpayer identification (VAT) No. 099875468 (Athens Tax Office for ‘Société Anonyme’ Companies).
The booking does not apply to a specific parking space.
Online booking may be made up to 6 months prior to the date of travel and no later than 30 minutes prior to the date of arrival at the Airport. Shortly after you have made your booking, you will receive an e-mail confirming your Booking with a Booking Reference Number, and your particulars (full name, vehicle registration number), also containing a bar code. You are advised to have a print-out of the Booking Confirmation e-mail to use as identification in the event that the parking system does not automatically recognise your vehicle’s registration number.
“Booking Confirmation e-mail” means the electronic mail that Cityzen sends you confirming all booking details.
“Booking Reference Number” means the unique number assigned to the booking of a parking space for your vehicle and is contained in the Booking Confirmation e-mail sent to you by Cityzen. You should keep this number as it will be necessary for any further communication with the Cityzen and AIA regarding your booking.
“Parking Period” means the period of vehicle parking required by the User, or the minimum required parking period, in the parking facility selected by the User, which commences on the date and time of entry and ends on the date and time of exit, as indicated in the online booking.
IMPORTANT NOTE: If you plan to use a vehicle different from the one specified in your booking, which is contained in the Booking Confirmation e-mail, then you must amend the respective information on your online booking via the website (by selecting the "History" tab on the right menu side bar and by finding your booking).
Please note that you may request a new booking confirmation. Call 213 0 600 000 or send e-mail to: customerservice@cityzen.com.gr.
In the event that you cancel or amend your booking, you will receive the respective confirmation to your e-mail address indicated when the booking was made.
Your booked parking period may be extended only if there are parking spaces available for the entire overstay period. If you extend your online booking, this will be treated as a new booking. The prices charged for the new booking will be based on the parking spaces and products available at that particular time and may differ from the prices offered at the time of the initial booking.
No charge is made of you amend or cancel your online booking.
When departing from AIA and prior to collecting your car, you should pay the parking fee at one of the automatic payment machines situated in the parking facility, using your parking ticket. You may pay cash or by debit/credit card. Then drive to the exit of the parking facility with the ticket you have already paid. Insert the ticket into the exit control device so that the boom is raised and you may exit the facility.
If you have pre-booked a parking space, you can pay the parking fee at one of the automatic payment machines situated in the parking facility for the actual parking period in accordance with the parking tariffs applicable.
More specifically:
i) If you are within the time period specified in the Booking Confirmation e-mail you received, you will be charged the fee indicated in the said Booking Confirmation e-mail.
ii) If the parking period specified in the Booking Confirmation e-mail is exceeded (overstay), you will pay the additional charge in accordance with the parking tariffs applicable.
iii) If the parking period specified in the Booking Confirmation e-mail is shorter (under-stay), you will be charged for the actual parking period in accordance with the parking tariffs applicable.
iv) No-shows are not charged.
Please note that you may enter AIA’ parking facilities up to 2 hours prior to the time confirmed during booking.
In all other respects, booking of a parking space at AIA’s Parking Facilities is governed by the General and Special Terms and Conditions for the Booking of Parking Spaces at the Parking Facilities of Athens International Airport. By accepting these terms and conditions you also accept the General and Special Terms and Conditions for the booking of parking spaces at AIA’s parking facilities.
VII. Reservation - Payment of laundry and/ or biological cleaning services in Cityzen parking space through the website
Through the website, it is possible to make a reservation and payment - purchase of laundry and/ or biological cleaning services provided by Cityzen in Cityzen parking spaces.In particular, Cityzen provides the following cleaning options: simple wash only inside, simple wash only outside, simple wash inside - outside, biological cleaning and premium biological cleaning.With the exception of the premium biological cleaning, for all other cleaning services, there is the possibility of reservation through the website and payment either through the application or at the premises of the station where the cleaning takes place. Specifically, in order to provide the premium biological cleaning service, it is required to make a reservation and prepayment through the website. Cityzen reserves the right to modify which services are available via the website only by prepayment or by payment by both methods (via the website and directly at the cleaning station) or only by payment at the station. The user will be informed through the website at the stage of reservation of the respective service about the available options otherwise the aforementioned applies.
Regarding the reservation of laundry and biological cleaning services at Cityzen parking spaces, it is possible to pay/ prepay for them through the website. When making a services reservation, the User must specify the date, time and station of their provision. During the reservation and depending on the station that the user will choose, the available appointments for reservation of one month will be displayed.
Regarding the reservation and payment of laundry and biological cleaning services in the Cityzen parking spaces through the website, please note that:
Your reservation can be \modified, with regard to the vehicle license plate, the day and time of your appointment, until 24 hours before the appointment start time.
In case the user wishes to cancel their reservation and get the paid amount back, they must contact Cityzen at 213 0 600 000 or customerservice@cityzen.com.gr up to 24 hours before the beginning time of their scheduled appointment.
In case you do not show up within 15 minutes after the scheduled appointment for laundry or biological cleaning services, your reservation is automatically cancelled. Users shall have no claim against Cityzen for this reason. To schedule a new appointment, users should contact Cityzen at 213 0 600 000 or at customerservice@cityzen.com.gr
When the washing of your vehicle is completed, you will receive a relevant notification by SMS to the mobile phone that you will have provided to our representative.
If you do not show up within 10 minutes from the sending of the SMS to pick up your vehicle, you will be charged with parking services based on the respective hourly fee stated in the hourly parking price list of the station.
Regarding the reservation of laundry and biological cleaning services in the Cityzen parking spaces through the website and direct payment at the parking space, please note that:
Your reservation can be cancelled or modified, with regard to the vehicle license plate, the day and time of your appointment, until 24 hours before the appointment start time.
If you do not arrive at the parking space within 15' from the time of your appointment, it will not be valid and you will need to make a new reservation through the Cityzen app or cityzenparking.com
When the provision of the service is completed, you will receive an sms, on the mobile phone that you will have stated to the Service Employee upon your arrival at the parking space, in order to pick up your vehicle.
If you do not pick up your vehicle within 10 minutes from the reception of the notice, you will be charged with parking service based on the current hourly parking price list.
VIII. Payment process through the website
Payments through the website are made exclusively using Braintree services.
In the website in the field Notifications, Record, the user can refer to all the transactions they have made since registering in the website.
Upon completion of the billing process the user will receive an electronic receipt at the email address they have indicated when registering at the website. In case you do not receive an e-mail with the receipt within 24 hours, please contact us at the email address customerservice@ cityzen.com.gr or by calling 213 0 600 000.
For payments made through the website you will be sent a receipt to the email address you indicated during your registration.
IX. Maps
The website has a map screen where the user can search and receive access instructions to the parking space that is nearest to their location or to a parking space of their choice.
The same screen also shows the calculation of the user's distance from the station of their choice or from the station closest to them.
To be able to use this technical feature, the user via mobile phone or tablet must keep location tracking active on their mobile device.
The information displayed on the map screen is for informative purposes only and distance calculations are indicative. Users are solely responsible for the route they will take from - to the parking station of their choice.
Users understand and expressly accept that the Company does not hold any liability for any damages, failures and/ or delays that may occur due to incorrect calculation of distance and/ or route selection and/ or for any rerouting that may be required due to technical works on roads, increased traffic, occupation of the road by marches or protests, damage of the road surface, lack of road and/ or natural phenomena (floods).
X. Cityzen Parking Spaces
The website includes a list of all parking spaces of Cityzen throughout Greece where users are presented for their information operating information of each station such as- for example but not restricted to- opening hours, services that can be provided to users within the station, price list of these services.
Cityzen is either the possessor (owner) of these parking spaces, or a main shareholder of the company to which the station belongs, or a lessee and operator of the stations, or a manager of the parking stations.
The Company provides the above information through the website in order to better inform and serve users. It makes a daily effort to keep this information as complete, accurate and up-to-date as possible. The Company does not guarantee in any case the correctness, completeness or availability of services, offers, discounts and the above content in general. Users expressly acknowledge that they have no compensation claim against the Company in the event that any of the information on the parking spaces list is found to be inaccurate, incomplete, untrue, invalid.
XI. Special prices / offers / discounts
For transactions / service reservations / that will be made through the website, the Company reserves the right to provide special prices but also offers and/ or discounts to users at it pleases and at its sole discretion and convenience. The Company is not obliged to have such special prices permanently available to the website users. At the same time, it may revoke such actions without prior notice and without obligation to compensate users at its sole discretion.
Specifically for the redemption of offers, the Company will supply the user through the website with an electronic coupon (option “Notifications”), which the user must keep saved to show it to the parking space staff in order to redeem the offer. This electronic coupon will have a unique code for its identification. This coupon can be sent to the user and to the e-mail they have provided to Cityzen during the registration process.
Offers, coupons, discounts can NOT be transferred to a third party, user of the website or not. Nor can they be redeemed for cash in a parking space. They are valid for a limited period of time according to the more specific terms and conditions of those set by the Company each time. For the redemption of the offers, the customer-user must come during the operating hours, during which a service employee is in a parking space.
XII. General and Special Parking Conditions within Cityzen Vehicle Parking Spaces
When the reservation of a parking space and/ or other service is made through the website, a contract is concluded between the User and Cityzen Parking Systems SA. (“Company”), based at 294, Kifisias Ave. and 1, Tzouna st., Kifissia, P.C. 14563, T.I.N. 099875468, Tax Office of S.A. Companies of Athens.
Each booking - payment that has been confirmed as described in the website is a contract between you and the Company. Once the reservation - payment is confirmed, the Company undertakes to provide the User with parking for the period of time and within the specific parking space requested by the User. The reservation is not made for a specific parking space.
These contracts, as well as the stay of the user and his vehicle in the Cityzen parking space, are governed by the General and Special Parking Conditions within Cityzen Parking Spaces concerning the vehicle stay at the station. The General and Special Terms are an integral part of these Cityzen Terms of Use. These General and Special Parking Terms can be found in detail here: http://cityzenparking.com/terms . There may be special terms in the General and Special Parking Terms that apply to a specific parking station. In case the General and Special Parking Terms that are posted in a parking space differ from the General and Special Parking Terms that are posted in the application, then the General and Special Parking Terms that are posted in the parking space prevail over the General and Special Terms as they are posted here http://cityzenparking.com/terms .
Users are asked to carefully check the General and Special Parking Terms when entering the parking space of their choice and in case they disagree with any of these Terms they must immediately refrain from using the premises and services of the station in question. Through its entry into the vehicle parking space and its use, the user fully and unconditionally accepts the General and Special Parking Terms.
Users must in any case comply with the rules of the Road Traffic Code when entering and exiting parking spaces as well as during their stay inside them.
XIII. Limitation of Liability
THE WEBSITE AND THE APPLICATION- THE MATERIAL OF CITYZEN AND SAFETY ON THE TRANSMISSION OF INFORMATION TO THE WEBSITE AND/ OR THE APPLICATION AND THE COMPANY OR THROUGH THE WEBSITE EXPRESSLY INCLUDED- IS PROVIDED “AS IT IS” AND “AS IT IS AVAILABLE” AND TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW WITHOUT ANY REPRESENTATION OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, EXPRESSLY INCLUDING IMPLIED WARRANTIES OF THE TITLE OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OF RIGHTS, OPERATION, SPECIAL DESIGN, NON-MALWARE, INTEGRATION OF WARRANTY SYSTEMS, EACH OF WHICH THE COMPANY, ITS MANAGEMENT AND ITS REPRESENTATIVES HEREBY DISCLAIM.
USERS RECOGNISE AND AGREE THAT THEY USE THE WEBSITE AND/ OR THE APPLICATION EXCLUSIVELY AT THEIR RESPONSIBILITY. THE COMPANY, ITS EMPLOYEES, MANAGEMENT AND THEIR REPRESENTATIVES DO NOT REPRESENT, GUARANTEE, CLAIM OR IN ANY WAY SUPPORT THAT THE INFORMATION CONTAINED IN THE WEBSITE AND/ OR THE APPLICATION IS USEFUL, COMPLETE OR ACCURATE.
THE COMPANY DOES NOT SUPPORT OR WARRANT THAT THE WEBSITE AND/ OR THE APPLICATION WILL BE ERROR-FREE OR WILL OPERATE UNINTERRUPTED OR WITHOUT DELAYS OR THAT THEY WILL BE AVAILABLE IN EVERY LOCATION, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/ OR THE APPLICATION AND/ OR THE SERVER IS FREE OF MALWARE OR THAT THE RESULTS OF USING THE WEBSITE AND/ OR THE APPLICATION WILL RESPOND TO THE DEMANDS AND EXPECTATIONS OF USERS.
A USER RELATIONSHIP WITH ANY THIRD PARTY, WHICH WILL OCCUR THROUGH THE USE OF THE WEBSITE AND/ OR THE APPLICATION, WILL BE EXCLUSIVELY BETWEEN THE USER AND THE THIRD PARTY. THE TRANSACTIONS OF USERS WITH A THIRD PARTY, THAT WAS FOUND THROUGH THE WEBSITE AND/ OR THE APPLICATION, ARE MADE UPON CHOICE OF THE USERS AND UNDER THEIR SOLE RESPONSIBILITY.
THE COMPANY DOES NOT SUPPORT ANY MATERIAL AND SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY TOWARDS ANY PERSON OR ENTITY FOR HARM, REQUIREMENTS, ACTIONS, DAMAGES, LOSSES OF ANY KIND AND NATURE OR DUE TO ANY OTHER REASON IN RELATION TO, BASED ON OR CAUSED BY THE MATERIAL.
TO THE MAXIMUM GRADE PERMISSIBLE BY LAW, THE COMPANY EXPRESSLY DISCLAIMES LIABILITY FOR ANY DAMAGES OR LOSSES OF THE USER AS A RESULT OF THE USE OF THE WEBSITE AND/ OR THE APPLICATION, THE MATERIAL & THE MATERIAL OF CITYZEN.
THERE ARE NO CONDITIONS UNDER WHICH, EVEN IF THE OCCURRENCE OF DAMAGES WAS PREDICTABLE OR EVEN IF THE COMPANY HAD BEEN ADVISED OF THE RISK OF OCCURENCE OF THE DAMAGES OR OUGHT TO BE AWARE OF THE POSSIBILITY OF DAMAGES- CONTRACTUAL, NON-CONTRACTUAL, OR DAMAGES CAUSED WILFULLY OR THROUGH NEGLIGENCE- INCLUDING THE CASE THAT DAMAGES ARE CAUSED IN WHOLE OR PARTLY BY NEGLIGENCE, BY REASONS OF FORCE MAJEURE, THEFT OF THE APPLICATION, DESTRUCTION OF THE WEBSITE AND/ OR THE SERVER, THE COMPANY SHALL BEAR LIABILITY CONCERNING THE FOLLOWING: (1) THE WEBSITE AND/ OR THE APPLICATION, (2) THE CITYZEN MATERIAL, (3) THE USERS’ MATERIAL, (4) THE PERFORMANCE OF THE WEBSITE AND/ OR THE APPLICATION, (5) THE USE OF THE WEBSITE AND/ OR THE APPLICATION BY THE USERS OR THE LACK OF POSSIBILITY FOR USERS TO USE OF WEBSITE AND/ OR THE APPLICATION, (6) ANY ERRORS OR OMISSIONS, INTERRUPTIONS OR DELAYS IN FUNCTION, ANY TECHNICAL OR OTHER DAMAGE OF THE WEBSITE AND/ OR THE APPLICATION, (7) DAMAGE OF USER EQUIPMENT AND TECHNOLOGY, INCLUDING MALWARE OR SECURITY VIOLATION DUE TO THE USE OF THE WEBSITE AND/ OR THE APPLICATION, (8) SECURITY VIOLATION OF THE WEBSITE AND/ OR THE APPLICATION FOR:
ANY OF THE USER LOSSES OR DAMAGES: IMMEDIATE OR INDIRECT, FINANCIAL, PUNITIVE OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL, OR FOR THE LOSS OF DATA, LOSS OF PROFIT, LOSS OF INCOME, IMPEDIMENT TO WORK, LOSS OF CHARGES.
NOTHING IN THESE TERMS OF USE DOES EXEMPT OR RESTRICT THE USERS’ LIABILITY IN RELATION TO THE OBLIGATION TO REMEDY THAT THE USERS ARE SUBJECT TO TOWARDS THE COMPANY ACCORDING TO THESE TERMS.
THE COMPANY DOES NOT BEAR ANY LIABILITY REGARDING THE ONLINE OR OFFLINE USER BEHAVIOUR.
THE COMPANY DOES NOT BEAR ANY LIABILITY REGARDING THE MATERIAL PROVIDED BY THIRD PARTIES OR THE ACTIONS OR OMISSIONS OF THIRD PARTIES.
USERS ACKNOWLEDGE AND AGREE THAT IF THEY UNDERGO HARM, DAMAGES OR LOSSES OF ANY KIND DUE TO ACTIONS OR OMISSIONS OF THE COMPANY, THESE ARE NOT PERMANENT AND/ OR NOT ABLE SO THAT THEY CAN REQUEST INTERIM MEASURES AGAINST THE APPLICATION AND/ OR THE COMPANY AND HAMPER OR DISSUADE ANY KIND OF USE OF THIS WEBSITE AND/ OR ANY OTHER APPLICATION AND OR WEBPAGE OF THE COMPANY.
XIV. Hyperlinks
The Company can provide hyperlinks to other websites, web pages, applications on the internet on the website. These hyperlinks lead to websites, applications, etc. which are managed or commercially operated by third parties who are not affiliated in any way with the Company.
By providing a hyperlink on the website to external webpages, etc., the Company will not be deemed to approve, recommend and/ or guarantee for any third party and/ or products or services they provide or that it cooperates in any way with these third parties’ webpages and/ or applications etc. unless expressly provided otherwise by the Company itself.
Please note that when you select a link to another webpage, as a user you will be subject to the terms of use and privacy policy of the webpage, application, etc. that you will visit.
You must obtain the prior written consent of the Company to create a Hyperlink of any kind and form from a third party webpage or application to the website. It is solely up to the Company to provide you with this approval or not.
The Company will not be a party to any contract you choose to enter with the third party corresponding to the hyperlink.
The Company will not be liable for the Material of any webpage, website, application, etc. externally linked to the website. You use or choose the hyperlinks at your exclusive responsibility and the Company shall not be liable for any damages or losses that will be caused to you by the use or on the occasion of the use of the hyperlink.
XV. License for advertising purposes
To advertise a third party in the website environment, the third party must apply for and obtain the prior relevant permission by the Company. In case you wish to advertise in the website environment, please contact Cityzen via e-mail at customerservice@cityzen.com.gr.
The Company bears no responsibility for the communication of the User with third-party service providers that are advertised on the website and for any commercial transaction that may arise from the relationship between them.
XVI. Unsolicited Communication
Cityzen and its most capable team of executives and collaborators aim at the continuous improvement of the services provided to the users but also of the website itself and work daily on these purposes. There is a possibility that we are processing an idea similar to or like that of a user. The Company does not accept unsolicited Material of any kind and does not take responsibility for the transmission of such Material of any kind. It is the Company's policy not to accept or consider Material of any kind, ideas, information and any proposals with the exception of those that it has specifically requested under more specific terms and conditions. In the event that despite the above practice of the Company you choose to send us Material, ideas, proposals and information of any kind, you agree that the Company is free, without any responsibility or any financial obligation towards you, to use this Material for any purpose. You therefore provide the Company with a relatively non-revocable, global, non-exclusive, free from the obligation to pay royalties, with the possibility of providing sub-consent by the Company, freely transferable consent. Users expressly acknowledge that they are not entitled to any compensation in this respect and that in any case they expressly waive this right.
XVII. Waiver
In order for Cityzen to waive any rights arising out of these terms of use, Cityzen must provide written consent to a user through its authorised representative.
In the event that a user does not comply with these Terms of Use- the Privacy Policy and the General and Special Parking Conditions within Cityzen Parking Spaces expressly included- but Cityzen does not take immediate action, regardless of the time elapsed until the Cityzen takes such action, this delay will not be considered as a waiver of Cityzen's right to require full compliance with these terms by users in the future.
In the event that any party does not exercise a right granted to it by these terms of use, this does not imply its waiver of other rights granted to it by those terms.
XVIII. Integrity
These Terms of Use, the Privacy Policy and the General and Special Parking Terms within Cityzen Parking Spaces expressly included, constitute the entire agreement between the user and Cityzen regarding the use of the application and the services provided through it, superseding any prior agreement between the user and Cityzen.
If any clause of these terms of use is judged by a competent Court to be void, voidable, invalid and/ or inapplicable, then this clause will be deleted to the necessary extent. The invalidity, voidability or non-applicability of a clause will not affect the other terms of use, which shall remain in force.
XIX. Modification of the website
The Company reserves the right to update, modify, suspend the operation and/ or terminate the operation of the website, any of its features or Material that it contains, at its sole discretion and without providing prior notice to users. Users expressly acknowledge that they are not entitled to any compensation for these reasons.
XX. Modification of Terms of Use
Cityzen reserves the right to update, modify and/ or substitute any of the terms of use at its sole discretion. The new version of the terms shall be published on the website. Users shall check this page regularly to get informed of any changes to the terms of use, explicitly including the privacy policy. Cityzen may post a relevant announcement on the website www.cityzen.com.gr. in order to inform users of the modification of the terms. In case the user does not agree with an updated version of the terms, they must immediately refrain from using the website.
XXI. Compensation
Users agree to indemnify, discharge and at the request of Cityzen defend it, its employees, its representatives, its management and its associates from and against any harm, damage, loss, liability, actions and costs- court costs and reasonable legal consultant expenses explicitly included- arising out of or in connection with a) User material or user access to and use by them of the website and/ or the application, b) breach or alleged breach of these terms of use by users; the general and special terms of the parking spaces explicitly included, c) violation of any law, regulation, code, orders of government authority, statutes, rules by users, d) violation of third party rights by users, e) any false statement made by users. Users agree to cooperate fully to the extent requested by Cityzen in defending against any claim. Users agree that they will not compromise on any claim without the prior written consent of Cityzen in the event that they engage in any legal dispute caused by or in connection with the use of the website and/ or the application. Cityzen reserves the right to take sole responsibility for the defence and control of any matter for which users are liable for compensation towards Cityzen. Cityzen reserves the right, but is not in any way obliged to monitor and/ or intervene and/ or interfere in disputes that may arise between users.
XXII. Assignment
Users are not permitted to assign or transfer their rights and obligations arising from these terms of use, the privacy policy and general and specific parking terms expressly included. Cityzen may assign its relevant rights and obligations to a third party without the consent of the users.
XXIII. Applicable Law - Jurisdiction
Any contract concluded between you and the Company through the website is governed by and construed in accordance with the laws of the Hellenic Republic. The Terms of Use- the privacy policy and the general and specific parking terms within Cityzen parking spaces- but also any dispute arising out of or in connection with the use of the website and consequently the parking spaces and any services provided at them by Cityzen are governed by and construed in accordance with the laws of the Hellenic Republic.
Every effort will be made to ensure that any dispute arising out of or in connection with this contract is settled amicably. If such a settlement is not possible, the dispute will be submitted to the Athens Courts which are expressly agreed to have exclusive jurisdiction, within thirty (30) calendar days from the written notification of this dispute.