1. Definition of terms
For the purposes of these General Terms andConditions:
“BeRider Application”means the BeRider mobile application, allowing its users to enter into leaseagreements for the means of transport provided by the BeRider Application operator.
“CitymoveApplication” means the Citymove mobile application, allowing its Users: (i)to enter into Partial Agreements on the basis of an order, and (ii) unless otherwisestated for the respective Partner Service, also pay the operators of PartnerApplications a remuneration for the provision of their services.
“FreebikeApplication” means the Freebike mobile application, allowing its users toenter into lease agreements for the means of transport provided by the FreebikeApplication operator.
"LiftagoApplication" means the Liftago Taxi mobile application, allowing itsusers to arrange the conclusion of passenger transport agreements between usersand drivers.
“MPLAApplication” means the MPLA application, allowing its users to pay onlineparking fees in paid parking zones on the basis of payment services providedpursuant to Section 3 para. 1 letter c) of Act No. 370/2017 Coll., on PaymentSystems.
“PartialAgreement” means an agreement for the provision of the Partner Serviceconcluded between the respective Partner Application operator and the Userthrough the Citymove Application based on an individual order of the Servicesof the Partner Application operator.
“Terms andConditions” means these General Terms and Conditions for the use of theCitymove Application.
“PartnerApplication” means BeRider Application, Freebike Application, LiftagoApplication, or MPLA Application, either individually or together.
“PartnerService” means BeRider Service, Freebike Service, Liftago Service, or MPLAService.
“Service”means the performance of ŠADL consistingof granting a license to use the Citymove Application under which theUser is entitled to use the Citymove Application, in particular for the purposeof (i) seeking an offer of services provided by the Partner Application operators,(ii) placing orders of (reserving) the Partner Services and / or conclusion ofthe Partial Agreement and, if applicable, (iii) payments for individual servicesunder the Partial Agreement to the account of the Partner Application operators.
“BeRiderService” means the services provided to users of the BeRider Application,in particular the lease agreements for the means of transport.
“FreebikeService” means the services provided to users of the Freebike Application,in particular the lease agreements for the means of transport.
“LiftagoService” means the services provided to users of the Liftago Application,in particular the service of arranging the conclusion of passenger transport agreementbetween users and drivers.
“MPLA Service”means the services provided to users of the MPLA Application, in particular theonline payment service for parking fees in paid parking zones.
“ServiceAgreement” means an agreement concluded by means of distant communicationthrough the Citymove Application interface between the Parties, the subject of whichis the provision of the Service to the User.
“Parties”means ŠADL and the User.
“ŠADL”means ŠKODA AUTO DigiLab s.r.o., Company ID: 05976359, with its registeredoffice at Jankovcova 1603 / 47a, Holešovice, 170 00 Prague 7, registered in theCommercial Register maintained by the Municipal Court in Prague under File No.C 274001.
“User”means anyone who uses the Service or otherwise enters into legal relationshipswith ŠADL through the Citymove Application.
2.1 These Terms and Conditions regulate the rights andobligations of ŠADL and Users based on the Service Agreement concluded throughthe Citymove Application.
2.2 These Terms and Conditions become an integral part ofeach Service Agreement.
2.3 The User acknowledges and agrees to the use of meansof distant communication when concluding the Service Agreement and the Partial Agreements.The costs incurred by the User within using the means of distant communicationin connection with the conclusion of the Service Agreement and the Partial Agreementsshall be borne by the User himself. Acceptance of an offer shall not beestablished if the offer is accepted with an amendment or a deviation.
2.4 The Service Agreement and the Partial Agreement may beconcluded through the Citymove Application in Czech or English.
3.1 The condition forthe conclusion of the Service Agreement and use of the Service shall be the creationof a user account, i.e. theregistration of the User through the Citymove Application interface.
3.2 Registration shallbe performed by submitting a registration form in which the User expresses hisconsent to these Terms and Conditions. The User may use his Facebook account orhis Google account for the registration, or he can fill in the registrationform, including the username and password.
3.3 In connection withthe provision of the Service, ŠADL shall be entitled at any time in the future torequire further information about theUser if required for legal reasons. ŠADL shall be entitled to block theuser account and withdraw from the Service Agreement if the requested data arenot provided. ŠADL considers the data filled-in by the User to be correct. TheUser may modify the data provided to ŠADL in connection with the provision ofthe Service at any time through the Citymove Application.
3.4 Registration shallbe completed by setting up a user account. The Service Agreement shall beconcluded by completing the registration of the User. ŠADL shall send a confirmationof registration, username and wording of the Terms and Conditions on the dateof conclusion of the Service Agreement in the .pdf format to the e-mail address of the User specified in theregistration form.
3.5 By registering, theUser declares and undertakes:
(a) to have full legalcapacity,
(b) not to use the CitymoveApplication in violation of law,
(c) that he hasthoroughly read and understood these Terms and Conditions prior to using the CitymoveApplication,
(d) to ensureconfidentiality and do not misuse the identification information and passwordsnecessary to log in the User and to access the Citymove Application, inparticular to not disclose such identification information and passwords to anythird party,
(e) not to misuse,block, modify or otherwise alter any part of the Citymove Application, or evenattempt to compromise the stability, operation or data of the CitymoveApplication,
(f) to respect therights of ŠADL and third parties when using the Citymove Application, inparticular when dealing with intellectual property rights,
(g) that he understoodthe principles of providing the Service under these Terms and Conditions and isaware that under Article 4.5 and Article 4.6 of these Terms and Conditions, ŠADL shall not be liablefor any defects of performance under the Partial Agreements or for damageincurred in connection with the Partial Agreements.
3.6 If the User breachesany of its obligations contained in Article 3.5 of these Terms andConditions, ŠADL shall be entitled to withdraw from the Service Agreement.
4. Conclusion andperformance of the Partial Agreements
4.1 In order to be able to use any of the PartnerApplications through the Citymove Application, the User shall (i) have anaccount to use the relevant Partner Application, (ii) log into that accountthrough the Citymove Application, (iii) express agreement with the terms andconditions of the relevant operator, including any instructions and consentsregarding the processing of personal data of the relevant Partner Application,and (iv) activate a link to his account to use the relevant Partner Applicationin the Citymove Application.
4.2 ŠADL undertakes to allow the User, after fulfillingthe conditions specified in Article 4.1 of these Terms andConditions, to search for information about the Partner Services, place orders of(reserve) the Partner Services through the Citymove Application and / orconclude agreements with the Partner Application operators about the provisionof Partner Services, as well as pay the remuneration for the Partner Services tothe account of the Partner Application operators according to the agreedPartial Agreement, unless stipulated otherwise for the respective PartnerService.
4.3 The Partial Agreement shall be concluded at the momentof confirmation of an order of the User by the relevant Partner Application operatorthrough the Citymove Application. The Citymove Application provides the Userwith the ability to review and change the data entered during the creation ofthe service order until the order is sent to the operator of the relevantPartner Application. In the case of the Liftago Service, the order can becanceled through the Application as a whole before the journey begins; in thecase of other Partner Services, it shall not possible to cancel the order aftersending it.
4.4 The User acknowledges that by entering into thePartial Agreement, the User enters into a direct (legally binding) contractualrelationship with the relevant Partner Application operator from whom he ordersthe relevant service. The User expressly acknowledges that ŠADL acts solely asan intermediary between the User and the Partner Application operator and thatŠADL shall transmit the order information to the relevant Partner Application operatorand send the order confirmation to the User on the behalf of the relevantoperator.
4.5 The relevant Partner Application operator shall be fullyresponsible for providing the performance agreed in the Partial Agreement. In the event of failure to provide theagreed performance or the provision of defective performance, the User isobliged to exercise his rights directly with the relevant Partner Application operator.The User acknowledges that ŠADL shall not be responsible for providing theperformance agreed in the Partial Agreements, as ŠADL is not a party to thePartial Agreement.
4.6 Responsibility forany harm caused to the User in connection with the performance of the PartialAgreement shall lie solely with the relevant Partner Application operator. TheUser acknowledges that ŠADL is not liable for any harm caused to the User inconnection with the performance of the Partial Agreement, as ŠADL is not aparty to the Partial Agreement.
5. Terms of payment
5.1 The Service shallbe provided to the User free of charge. Nonetheless, the User acknowledges thatthe Partial Agreement concluded with the Partner Application operator, theconclusion of which was intermediatedas part of the provision of the Service, shall be for consideration andthe User shall be obliged to pay the relevant Partner Application operator or athird party remuneration in the manner specified in this article of these Termsand Conditions.
5.2 The amount of the remuneration that the User shall beobliged to pay for the performance provided under the Partial Agreement shallbe always determined by the terms and conditions of the relevant PartnerApplication operator. The Partner Application operator shall be responsible forthe correctness of the prices for performance under the Partial Agreements,which are displayed in the Citymove Application.
5.3 Payments for the use of the Liftago Service shall bemade after the Liftago Service is provided pursuant to the relevant PartialAgreement, either in cash or non-cash, directly to the driver who performed thetransportation of the User under the relevant Partial Agreement.
5.4 Payments for the use of the Freebike Service shall bemade after the Freebike Service is provided (in case of payment per minute ofuse of the Freebike Service) or before the Freebike Service is provided (in thecase of payment per day use of the Freebike Service). The payment shall be alwaysmade non-cash directly to the account of the Freebike Application operator and throughthe payment card of the User, the data of which shall be entered by the Userinto the Citymove Application.
5.5 Payments for theuse of the MPLA Service shall be made prior to the provision of the MPLAService non-cash, directly to the account of the MPLA Application operator andthrough the payment card of the User, the data of which shall be entered by the User into the CitymoveApplication.
5.6 Payments for the use of the BeRider Service shall bemade after the BeRider Service is provided (in case of payment per minute ofuse of the BeRider Service) or before the BeRider Service is provided (in the caseof payment for prepaid packages of free minutes for the use of the BeRiderService). The payment shall be always made non-cash directly to the account ofthe BeRider Application operator and through the payment card of the User, thedata of which shall be entered by the User into the BeRider Application.
5.7 The invoice for theperformance provided under each individual Partial Agreement issued by the relevantPartner Application operator shall be delivered to the User in the electronicform to the e-mail specified by the User as his contact e-mail for the use ofthe Citymove Application. In the case of the Liftago Service, the invoice shall beissued by the driver who performed the transport of the User under the relevantPartial Agreement.
5.8 The Citymove Application allows the User to display anoverview of the services of Partner Applications that the User has ordered andthe payments made by the User for the services of Partner Applications ordered.
6.1 The license of the User to use the CitymoveApplication is free of charge, non-exclusive, territorially unlimited, and time-limitedfor the duration of the Service Agreement. This license shall not betransferable and assignable to a third party.
6.2 The User shall not be entitled to sell, license, lease,assign or make available the Citymove Application to third parties.
6.3 All rights to the content of the Citymove Application(including name, codes, trademarks, software, videos, images, graphics, sounds,etc.) and any parts thereof shall be the sole property of ŠADL or the contractingpartner of ŠADL that has been licensed ŠADL to use them.
6.4 The User shall be obliged to use the CitymoveApplication exclusively in a manner corresponding to these Terms and Conditionsand for the purpose of using the Service. The User shall not be authorized togrant licenses, sub-licenses, copy, modify or create collective or derivativeworks from the Citymove Application. The User shall not reverse engineer,decompile, or otherwise attempt to extract the source code of the CitymoveApplication or any part thereof. The User shall not in any way obtain or attemptto obtain any copies of the work (not even for personal use), any materials orinformation relating to the Citymove Application that is not or have not been madepublicly available or provided through servers operated by ŠADL.
6.5 The User shall be obliged to use the CitymoveApplication solely for personal, non-commercial purposes.
7. Availabilityand Maintenance of the Citymove Application
7.1 ŠADL shall not be required to ensure the continued anduninterrupted availability of the Citymove Application.
7.2 The Citymove Application is compatible with Androidversion 6 and above and iOS version 11 and above. The User shall be connectedto the Internet for the Citymove Application to work properly, in the case ofmobile Internet a connection with a speed of at least 3G is required. The downloadof the application is not limited geographically. The use of the Citymove Applicationis remotely monitored through fully anonymized Firebase Analytics tools.
7.3 The User acknowledges that ŠADL shall be entitled tolimit or completely interrupt the Service due to planned server outages becauseof the maintenance of this server. Server downtime for maintenance can beperformed on the first and third Sunday of the calendar month between 21:00GMT+2 and 24:00 GMT+2. Server downtime information for maintenance purposes shallbe always published in Citymove Application in advance.
7.4 To address technical issues that make it impossible ordifficult to use the Citymove Application properly, the Users may contact the CitymoveApplication support either directly through the Citymove Application or by firstname.lastname@example.org.
7.5 ŠADL shall not be responsible for any technicalfailure of the server caused by no fault of ŠADL. ŠADL shall be obliged to makeevery effort to ensure that in case of a technical failure, the Service becomesoperational as soon as possible.
8.1 The User shall be entitled at any time in connectionwith the performance of the Service Agreement to contact ŠADL, or to deliverdocuments to ŠADL, using the following contact details:
ŠKODA AUTO DigiLab s.r.o.
Delivery address: Jankovcova 1603 / 47a, Holešovice,170 00 Prague 7
Contact form at https://www.citymove.app/
8.2 By concluding the Service Agreement, the User declaresand agrees that ŠADL may contact him or deliver documents at any time inconnection with the fulfillment of the Service Agreement to the email specifiedby the User as his contact email for the use of the Citymove Application.
9. Withdrawal fromthe contract
9.1 The User shall be entitled to withdraw from theService Agreement at any time without giving any reason. The User shall beentitled to withdraw from the Service Agreement by uninstalling the Citymove Application.This shall be without prejudice to the statutory right of the User to withdrawfrom the Service Agreement also by sending a model notice of withdrawal fromthe Service Agreement, which forms Annex 1 to these Terms and Conditions. Thelegal relations of the User towards the Partner Applications operators shallnot be affected by the withdrawal from the Service Agreement.
9.2 In the event that the User breaches any obligationstipulated by law or the Service Agreement, ŠADL has the right to restrict theUser from using the Service and / or withdraw from the Service Agreement.
9.3 ŠADL shall be entitled to terminate the ServiceAgreement at any time due to the termination or limitation of the operation ofthe Citymove Application, the notice period shall be two weeks starting on thefirst day following the day on which the termination notice was delivered tothe User.
10. Alternativedispute resolution
10.1 In the event of a dispute between the User and ŠADLarising from the Service Agreement that cannot be settled amicably, the Usermay file a proposal to alternative dispute resolution of such a dispute to adesignated alternative dispute resolution body: Czech Trade Inspection, seatedat Štěpánská 15, 120 00 Prague 2, Czech Republic, email: email@example.com,web: adr.coi.cz. The user may also use the online dispute resolutionplatform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
10.2 The User is entitled to resolve disputes of the Userwith the Partner Application operators in the manner specified in the terms andconditions of the respective Partner Application operators.
11.1 The Parties agree that all legal relationships arisingout of the Service Agreement shall be governed by Czech law.
11.2 In cases where communication in writing is required bylaw, the Service Agreement or these Terms and Conditions, it shall besufficient to send a message by e-mail or other electronic means ofcommunication that do not raise doubts about the content of the message and itssender.
11.3 If any provision of these Terms and Conditions isinvalid or ineffective or inapplicable, or becomes such, the such provisionshall be replaced by a provision whose meaning is as close as possible to theinvalid provision. The invalidity or ineffectiveness or inapplicability of oneprovision shall not affect the validity of the other provisions. Changes andamendments to the Service Agreement or these Terms and Conditions require a writtenform.
11.4 The wording of these Terms and Conditions may bechanged or supplemented by ŠADL. ŠADL shall be obliged to notify the User ofchanges to the Terms and Conditions by e-mail to the address specified in theuser account at least 30 days before the change becomes effective. The User shallbe entitled to reject the change and terminate the Service Agreement in writingwithin 10 days of receiving notice of a change to the Terms and Conditions, andthe notice period is two weeks starting on the first day following the day thenotice of termination was delivered to ŠADL. If the User does not terminate theagreement within the stipulated period, it shall be considered that he agreesto the change of these Terms and Conditions.
Annex No. 1: Modelnotice of withdrawal
- Addressee:ŠKODA AUTO DigiLab s.r.o., Company ID: 05976359, with its registered office atJankovcova 1603 / 47a, Holešovice, 170 00 Prague 7, registered in theCommercial Register maintained by the Municipal Court in Prague under File No.C274001,
electronic delivery is possible through the websitehttps://www.citymove.app/
or to firstname.lastname@example.org
- I hereby announce that I am withdrawing from theCitymove Service Agreement.
- Date of the order:
- Name and surname of the User:
- Address of the User:
- Signature of the User: (only if this form is sent in paper form)