General Terms and Conditions

1. Areas of application and subject matter

1.1. General Terms and Conditions (hereinafter referred to as "GTC") define the terms and rules for end users (hereinafter referred to as "User") regarding the use of the Diecast Parking mobile application (hereinafter referred to as the "Diecast Parking mobile application") and the website www.diecastparking.com (hereinafter referred to as "Diecast Parking web"), as well as all services (hereinafter referred to as "Services") associated with this application, which are owned by the company Brivor d.o.o (hereinafter referred to as the "Company").

By downloading the Diecast Parking mobile application, users accept the GTC and agree to use the Diecast Parking mobile application in accordance with them.

The right to use the Diecast Parking mobile application is a personal right and cannot be transferred in any way to another individual or legal entity, nor is any user authorized to register other individuals or legal entities.

1.2. Unless the context of using the mobile application requires otherwise, the following terms are defined as follows:

"mobile application" refers to a software program owned by the Company or which the Company has the right to use and make available on mobile devices (smartphones) for the purpose of the services the Company provides on the market.

"mobile phone" refers to a smartphone that has the capability to install additional applications and whose operating system meets the technical requirements for using the Diecast Parking mobile application.

"Company" refers to the commercial company Brivor d.o.o. V. Resnik 10a, 10000 Zagreb, Croatia, VAT: HR18456603979.

"User" refers to any person who accesses the mobile application.

"Application user" refers to a person to whom the Company has granted the right to use the mobile application, as well as a person who accesses the mobile application based on the approval of the person to whom the Company has granted the right to use the mobile application.

"User data" refers to the username and password that enable the User to register in the application and use the services of the Company as the owner of the application.

1.3. The Company provides an online service on the mobile network through the Diecast Parking mobile application available for iOS and Android devices.

1.4. Any connection to the system and its use outside the Diecast Parking mobile application without the explicit written approval of the Company is strictly prohibited. This prohibition applies to all parties, including Users and third parties who would like to establish a connection to the system and use it, or have already done so, through their own websites, mobile applications, and/or other technologies.

1.5. Violation of the above-mentioned prohibition of unauthorized use of the Diecast Parking mobile application may lead to the initiation of legal proceedings and/or criminal prosecution against the offender for copyright infringement, trademark rights, or any other form of intellectual property rights.

1.6. The Company reserves the right to immediately disable access to the mobile application in the event of any behavior by Users and/or third parties that violates the above-mentioned prohibition or that the Company, at its sole discretion without the need for explanation, deems unacceptable, as well as in the event of non-compliance with the GTC.

1.7. The Company will not be held liable for any damage that may occur to the User due to its right to disable access to the mobile application. The use of the Services is exclusively governed by these GTC. Terms that deviate from these GTC may exceptionally apply only with the prior written consent of the Company.

1.8. Downloading the Diecast Parking mobile application from other platforms, Apple Store (for iOS devices) or Google Play Store (for Android devices), implies the application of these GTC and the application of the respective platform's terms and conditions.

1.9. The registered office of the Company is in Zagreb, Republic of Croatia. Legal disputes that may arise as a result of using the Diecast Parking mobile application are under the jurisdiction of the competent court in Zagreb and are resolved in accordance with the positive regulations of the Republic of Croatia. By using the Diecast Parking mobile application, the User agrees that any dispute or claim arising from or related to these Terms falls under the jurisdiction of the court in Zagreb.

1.10. The User agrees and accepts that access to the mobile application may sometimes be interrupted, temporarily unavailable, or disabled due to routine maintenance of the Diecast Parking mobile application, mobile networks, as well as for other reasons for which the Company is not responsible. Users can send their inquiries, complaints, and claims in writing (by mail to the Company's registered office address or by email to info@diecastparking.com), and the Company will provide a written response (by mail or email) within the legal deadline.

1.11. The purpose of the Diecast Parking mobile application is to provide easy tracking and managing the user model car collection through the pictures of the cars which they have in their collection, want to have or have for sale.

2. Change of conditions

2.1. The Company reserves the right at any time, if it deems it necessary, to terminate or amend any of the Terms and Conditions specified herein, and such changes shall take effect on the date of publication on the Diecast Parking mobile application and the Diecast Parking web.

Users are therefore advised to re-read the information contained in the Terms from time to time, in order to stay informed about such changes. By continuing to use the Service or by continuing to use any part of its content even after the publication of the new changed Terms, it is understood that the User accepts the changes, i.e. agrees to them.

2.2. The company reserves the right at any time and without prior notice to change, supplement or terminate any business segment, which includes the Diecast Parking mobile application and Diecast Parking web, or any part thereof, services or services provided through them. The right in question includes, but is not limited to, changing the time of availability, content, availability of new data, method of transmission, as well as the right to access or use the Diecast Parking application and Diecast Parking web.

2.3. The company has the right to control the content of the Diecast Parking mobile application and the Diecast Parking web at any time, in order to ensure compliance with these Terms and positive legal regulations.

3. Copyright

3.1. The Diecast Parking system, mobile application and web are the private property of the Company. All mutual communication and interaction that takes place through the Diecast Parking mobile application and the Diecast Parking web must be in accordance with these Terms.

3.2. All materials found on the Diecast Parking mobile application and the Diecast Parking web are the exclusive right and property of the Company or are used with the permission of the copyright holder and trademark and/or design rights holder. Any copying, distribution, transmission, publishing, linking or otherwise modifying the Diecast Parking system, Diecast Parking pages, Diecast Parking web and/or Diecast Parking mobile application without the express permission of the Company is strictly prohibited.

3.3. Violation of these Terms and Conditions may lead to the initiation of legal proceedings and/or to criminal prosecution against the perpetrator for the violation of copyright, trademark or other form of intellectual property rights.

4. Property

4.1. All contents published on the Diecast Parking mobile application and the Diecast Parking web are the property of the Company and may be used exclusively for the purpose for which they are intended.

4.2. The user or third parties may not change any resource (HTML document, multimedia content, data, script, etc.), copy, distribute, duplicate or use in any other way without the prior written consent of the Company.

5. Prohibition of unauthorized disposal

5.1. It is prohibited for third parties to use the software solutions of the Diecast Parking mobile application without the express written authorization of the Company in such a way that:

mediate in the provision of Diecast Parking mobile applications through their software solutions for end users as well as to enable integration into the provision of the Diecast Parking service with their business account and their fee (or in some other way),

develop and distribute their own software solutions for end users that connect to the Diecast Parking mobile application (even without mediation),

unauthorized access and use of the Diecast Parking mobile application (computer resources of the Company) for the purpose of discovering the way the system works and developing their own software solutions,

develop interfaces according to Diecast Parking mobile applications, such as connecting software solutions for end users with a third-party interface and then connecting with the system and the like,

put into circulation or possess a computer program knowing or having reason to believe that they thereby infringe the right of the Company.

5.2. Third parties are prohibited from placing on the market or possessing for commercial purposes any means whose sole purpose is to facilitate the unauthorized removal or thwarting of the operation of a technical device that serves to protect a computer program.

5.3. Acting contrary to the above will result in the submission of appropriate criminal charges and court proceedings in accordance with the applicable regulations of the Republic of Croatia and the Directive of the European Parliament and the Council on the legal protection of computer programs.

6. Conclusion of the contract - user registration

6.1. Only consumers are authorized to use the services that are the subject of these GTC as defined in Art. 5 of the Consumer Protection Act.

6.2. To use the service, the User must download the Diecast Parking mobile application on their mobile device and thereby consent to these TOU, and then launch the mobile application.

In the event that the User has correctly loaded and launched the Diecast Parking mobile application and registered, the User has thus successfully concluded the contract in the English language.

6.3. The Company will charge the User a fee for the use of all services of the Diecast Parkingmobile application. The use of the part of the Diecast Parking mobile application specified by the Company is free for the User.

6.4. Payment for the use of the Diecast Parking application is made through the Apple Store (for iOS devices) or Google Play Store (for Android devices) billing system. The aforementioned billing systems are completely independent of the Company and the Diecast Parking mobile application, and are subject to the same Privacy Policy and Terms of Use of the billing system used by the User.

6.5. The Company does not have any insight into the User's data related to the payment of the fee (card data) through the Apple Store or Google Play Store billing system, nor does the Company have any responsibility for the conditions and method of payment of the fee through the billing system that the User uses to pay the fee for using Diecast Parking mobile applications. The User and/or the billing system used by the User is solely responsible for any damage that may occur to the User based on or as a result of the use of any billing system.

6.6. The company does not bear any responsibility nor is it competent to resolve complaints related to the payment of compensation.

7. Technical prerequisites for using the service

7.1. The basic prerequisite for using the Diecast Parking mobile application is a correct and functional mobile device of the User, which prerequisite is not the subject of the Company's services.

7.2. The User is responsible for the correctness and functionality of the mobile device. In addition, the User's mobile device must have access to the Internet, GPS, and access to the iOS or Android operating system.

The user bears the fee for accessing the Internet network as well as other possible fees according to the tariff of his mobile operator.

7.3. The Company will adjust the Services and the prerequisites for the use of the Service during the entire period of provision of the Diecast Parking mobile application Services.

Due to the adjustment process, Users will not be able to access the Services via mobile devices of an older date or will be able to access only part of the Services.

8. Company Services

8.1. The Company's service that is made available includes the following:

Easy tracking and managing your collection

Wishlist: Keep a list of cars you want to add to your collection.

Share your collection with others.

Sell cars or purchase from fellow collectors with ease

Sales History - See purchased and sold cars with prices, all in one place.

Ranking: compete, show off, and rise to the top among collectors.

Save Space: No duplicates; save phone memory.

9. Responsibility

9.1. The user uses the content of the Diecast Parking mobile application and the Diecast Parking web solely at his own risk.

9.2. The company uses software protection or support that will record every use of the Diecast Parking mobile application, and in accordance with its technological capabilities will provide protection against unauthorized use of resources (HTML documents, multimedia content, data, scripts and other resources) that are available through the mobile application.

9.3. Bearing in mind that mobile applications are publicly available data networks, and that there are persons who possess such professional knowledge and skills that, despite the protection measures applied by the Company, they can perform various unauthorized and illegal actions in relation to the mobile application and the resources published on the mobile application and similarly, the Company cannot guarantee the security and functionality of resources and applications to the User.

9.4. The user is aware of the fact that there are sometimes service interruptions or events for which the Company is not responsible, and accepts that the Company is not responsible for any data loss that may occur during the transfer of information on the Diecast Parking mobile application. The Company is not responsible for any damage that may occur as a result of using or being unable to use the Diecast Parking mobile application, as well as for any damage to the User's equipment that may occur as a result of using the Service.

9.5. In addition to the aforementioned conditions, the Company is not responsible, regardless of the cause or duration, for any errors, inaccuracies, or other defects, inappropriateness or unoriginality of the information found in the Diecast Parking mobile application and on the Diecast Parking web, as well as for any delay or interruption in the transmission of information to the User, for any claims or losses resulting therefrom.

9.6. The User agrees not to hold the Company responsible for damages and expenses, including the costs of legal representation, which may arise from the use of the Diecast Parking service by the User.

9.7. Users are prohibited from publishing or transmitting through the Diecast Parking mobile application any materials or information or data that threaten or in any way violate the rights of others, any material that is by its nature illegal, contrary to morals and public interest, threatening, offensive, defamatory, which violates or threatens privacy, which is vulgar, pornographic, obscene or otherwise objectionable in moderate communication, which encourages illegal activities or otherwise violates any regulation and which, without express, prior, written approval of the Company, contains advertising or the offer of any products and services.

9.8. The user may not use the Diecast Parking application and the Diecast Parking web to advertise or carry out any commercial, religious, political or non-commercial promotion.

9.9. The user expressly confirms that the terms of this chapter refer to the entire content of the Diecast Parking mobile application and Diecast Parking web.

10. Protection of personal data

10.1. The protection of personal data derives from the provisions of the General Data Protection Regulation as well as from the Company's Privacy Policy.

10.2. The use of personal data contrary to the purpose established in these GTC as well as the purpose of their collection is strictly prohibited.

10.3. The Company will make reasonable efforts and resources to ensure the protection of the User's personal data.

10.4. Feedback on the content of the application, praise, comments, criticisms, ideas submitted to the Company by Users of the Diecast Parking mobile application will not be considered confidential information.

10.5. The Company will be able to use, reproduce, distribute and/or process this information, in any form, temporarily or permanently, in whole or in part, without the obligation to pay any compensation to the User.

10.6. The User waives the right to file any claim against the Company in connection with the above.

11. Duration and cancellation of the contract

11.1. The contract of use lasts indefinitely until cancellation.

11.2. The Company and the User may cancel the Agreement at any time without a notice period.

11.3. The user can cancel the contract by deleting the Diecast Parking mobile application from the mobile phone. By deleting the Diecast Parking mobile application, the User waives the right to demand from the Company the return of the paid fee and/or any other additional actions and/or fulfillment.

If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact me at info@diecastparking.com.