Contractual undertaking

 

By consenting to the enclosed General Terms and Conditions (the “T&C”) and making payment for the performance as per the price list which forms an integral part of the T&C, a contract is being made between JITIS CZ s. r.o., identification number 25088378, with its seat at Kukulova 24, 169 00, Praha 6, entered in the Commercial Register with the Prague Municipal Court in Section C, File No. 48579, represented by the managing director of JiTiS CZ s.r.o., for the first part, and the User, for the second part, whereas the subject matter of the said contract are the obligation of JITIS CZ s.r.o. to render the calculation specified further below in the T&C and the obligation of the User to pay for this electronic service.

The User expresses their consent electronically, in the manner set out in the T&C.  Each contract is made for the provision of one single calculation, unless the Parties agree otherwise.  This provision has no bearing on the possibility that the User may be allowed repeated use for obtaining a calculation.

 

 

 

 

 

General Terms and Conditions for Usage of the JiTiS Platform

 

  1. General Provisions
  • These General Terms and Conditions for usage of the JiTiS calculation platform govern the mutual business relationship between JITIS CZ s. r.o. (“JiTiS”) in its capacity as the exclusive operator of the JiTiS platform and owner of all rights pertaining to the software and know-how of the JiTiS platform, including author’s rights (copyright) and intangible rights (the “Platform”) and its User.
  • The General Terms and Conditions for usage of the Platform shall be published (announced) within the meaning of Sec. 1752 of the Civil Code (Act No. 89/2012 Coll. – the “Civil Code”) on blanket statements of consent, by being posted on the websites of JiTiS: jitis.eu and www.jitis.cz.
  • The Platform provides the User with calculations and with a forecast of the future expenses associated with the ownership and operation of a personal car, based on (both freely available and fee-based) data from car manufacturers, the manufacturers and sellers of spare parts, their prices, the market price of fuels and parts, and proprietary expert calculations and estimates. The Platform can be accessed via web services (or otherwise, subject to a special agreement).
  • All values thus calculated are strictly for orientation only, are not meant to give guidance for car maintenance and repairs, and do not constitute binding prices for such maintenance or repairs.
  • Another product of the Platform is the JiTiS TCO Certificate – Total future costs of car ownership and operation (the “Certificate”).
  • The operator draws the User’s attention to the fact that the provided information on the condition of individual cars was made available to the Platform in a way that makes it impossible for JITIS CZ, s.r.o. to verify their accuracy, and that JITIS CZ, s.r.o. is under no obligation to verify or review any such input.
  • JITIS CZ, s.r.o., will on an on-going basis update and supplement algorithms, calculation data, prices, offers for parts, work procedures for car maintenance and repair, the useful life of parts, the quality of parts, the selection of cars, and other calculation parameters. For this reason, calculated values may fluctuate over time.
  • JITIS CZ, s.r.o. reserves the right to add functionalities (services) to the Platform or to shut it down. The User has no right to insist on the performance of suspended services.
  • Users must register in order to be able to use a certain subset of services on the Platform; this registration is free of charge for Users.
  • JITIS CZ, s.r.o. does not warrant that access to, or use of, the Platform (with the exceptions of maintenance and upgrades) will never be impacted by malfunctions or defects which may result in a loss of data, nor does it warrant, with a view to the possibility of technical issues (such as a power cut, hardware or software failure, or technical issues affecting data communication channels), that the functionalities of the Platform will not be temporarily restricted or suspended.
  • JITIS CZ, s.r.o. is not liable for the completeness or accuracy of any data.
  • JITIS CZ, s.r.o. is not liable for damage which the User or a third party may directly or indirectly incur as a consequence of using the Platform (or of using the results provided to the User by the Platform), because the obtained information is not designated for expert transactions and does not qualify as professional advice, so that it is solely at the user’s discretion whether and how it wishes to use the information.

 

  1. Definition of Terms
  • JiTiS is an electronic platform for the provision of various non-physical services.
  • JITIS CZ, s.r.o. is the provider of electronic services via the JiTiS platform.
  • The User is the person using the services of the Platform.

 

  1. JiTiS Calculation Platform
  • This Platform is accessible to users via the Internet at jitis.cz and www.jitis.eu 24 hours a day, with the exception of short intervals of downtime for technical reasons, as needed for regular maintenance of the Platform’s hardware and software.
  • Users enter specific calculation requests by entering a car, its degree of wear and tear, and other parameters and values.
  • Calculations are a paid service pursuant to the current Price List issued by JITIS CZ, s.r.o., which will be published, like the T&C themselves, within the meaning of Sec. 1752 of the Civil Code (Act No. 89/2012 Coll. – the “Civil Code”), by being posted on the websites of JiTiS: jitis.eu and www.jitis.cz
  • The User may use the provided information without restriction, but must not arbitrarily change the calculated values and their interdependencies and present them in their changed form, nor interfere in any way with the code (Platform) of JiTiS or the know-how of JITIS CZ, s.r.o.
  • The JiTiS TCO Certificate is a certificate of record and as such its contents must not be modified in any manner, shape, or form. The wording and content of the JiTiS TCO Certificate constitutes know-how of JITIS CZ, s.r.o. and as such enjoys protection under the law, and is publicly accessible.

 

  1. Users; Access to the Platform
  • The Platform (or, as it were, the way in which it may be used) is divided into a free section and a paid section.
  • The free section is freely accessible to all users and allows them to get a general idea as to the scope of information available for the car for which an enquiry is being made.
  • The paid section provides access to all available calculated information. Access to the paid section is subject to a fee payment as per the Price List.
  • The Platform allows the repeated performance of calculations (up to 10 times) for the entered car – for a period of 10 days (including the day on which the enquiry was entered) from payment of the fee. Selected parameters and the degree of wear and tear of the car may be modified when performing a repeated calculation.

 

  1. Blocking access to the Platform
  • JITIS CZ, s.r.o. reserves the right to block access to the Platform or to restrict calculations on the Platform at its discretion if there exists specific circumstantial evidence that the User is in breach of these T&C for usage of the Platform or of any laws or regulations, or if there exist grounds to suspect abuse of the results of the calculations performed via the Platform.
  • In particular, Users will be blocked if they are suspected of unauthorized usage of calculations provided by the Platform for the provision of commercial services to third parties, or of misappropriation or theft of Platform data and algorithms which enjoy protection as set out above.

 

  1. Scope of information and calculated results
  • The Platform provides users with an array of information on the given car and the calculated future costs in connection with the ownership and operation of the car.
  • The scope, volume, and quality of the output depends on the scope and quality of data entered by the User of the Platform, their personal preferences, and the age and condition of the car.
  • The calculation assumes that the car is fully functional and roadworthy under the applicable laws. It does not take into account future expenses towards the repair of dysfunctional, defective, or accident-damaged parts.
  • The results of the calculation are inevitably subject to change, due to the fact that the car ages, prices and the offer of parts in the market fluctuate, information on the maintenance and repair of individual cars becomes more precise and is being adjusted, statistical data on the proneness of cars to defects becomes available, calculation algorithms are being perfected, and other values with an impact on the result of the calculation change.
  • The results of the calculation may also differ for cars in a different region, cars priced in a different currency, or cars subject to different operating conditions, other market prices, other statutory levies and exchange rates, and other parameters and algorithms that can be set locally.
  • The results may also differ from calculation to calculation depending on the choice of the network of car services, preferred suppliers, preferred quality standard, and other dependent variables.
  • JITIS CZ, s.r.o. reserves the right to change at any time, at its sole discretion and by way of a unilateral decision, the calculation algorithms, configuration parameters, selections of (and preferences for) manufacturers and suppliers of parts, even without notifying users, in that all such changes are made in order to improve the quality of services rendered to users (as opposed to being at their expense).
  • JITIS CZ, s.r.o. is not liable for potential damage caused to the User or to a third party due to a change of algorithms or reconfiguration of calculation parameters, whereas the User acknowledges and agrees that this particular provision of the T&C is not to its detriment.

 

  1. Types of information and calculated results.
  • Free information – The calculation of future costs displayed within the free section of the Platform merely serves the purpose of a preliminary assessment of the Total Operating Expense for the given make and model, taking into account the age and mileage of the car. This information is set to a two-year period on the assumption of 800 driven km per month.  The calculation is based on the assumption that maintenance and all repairs were carried out according to manufacturer’s recommendations and the default useful life of parts. In other words, the following parameters, among others, are not taken into account: the actual state of the car (in that only age and mileage are considered), personal use preferences, and others. All pricing parameters and the setup for choosing the quality of parts, fuel consumption, etc., are determined by JiTiS’s algorithms.  The calculation assumes that the car is fully functional and roadworthy under the applicable laws.  It does not take into account future expenses towards the repair of dysfunctional, defective, or accident-damaged parts.
  • Paid information – The calculation of future costs refer to a specific car and specific owner (as opposed to make and model in general). The paid section allows users to change and configure individualized calculation parameters (i.e., in particular, annual mileage), price preferences, and more specific technical parameters, and to add the actual state of wear and tear and service history and to determine the actual value of neglected maintenance, and thus to specify the future costs with significantly higher precision.  The calculation assumes that the car is fully functional and roadworthy under the applicable laws.  It does not take into account future expenses towards the repair of dysfunctional, defective, or accident-damaged parts.
  • Paid JiTiS TCO Certificate – This certificate of future expenses associated with owning and operating the car represents a calculation of the future costs for the specific car for which the User submitted an enquiry, and does not allow for personalized settings and preferences, but takes into account all values entered by the User in terms of wear and tear of the car and its history of service and repairs. The Certificate assumes that the car is fully functional and roadworthy under the applicable laws. It does not take into account future expenses towards the repair of dysfunctional, defective, or accident-damaged parts.  Given the standardized configuration of operating parameters, the Certificate allows for the comparison of costs across various vehicles.  Upon its issuance, the Certificate becomes a certificate of record whose content represents know-how of JITIS CZ, s.r.o. and is protected by Czech law, and which is publicly accessible (whereas the User, by asking for the issuance of the Certificate, acknowledges and agrees with this fact).

 

  1. Keeping record of, and retrieving, information and calculated results.
  • Each calculation of the Platform is labeled with a unique number – code, or QR code – for that calculation. Paid calculations are archived under that number, and may for a limited period of time be called up (or, as the case may be, verified for continued accuracy).
  • Retrieval – verification of the Certificate based on the calculation code is for free.
  • Retrieval – verification of the Certificate based on the VIN of the car may carry a fee.
  • Paid calculations are made available for retrieval to users who enter the code for the calculation and (where applicable) the login password.
  • Retrieval of other information related to the calculations may be subject to payment of fees according to the current Price List.

 

  1. Origin and trustworthiness of the provided information
  • For the calculation of future costs, JiTiS uses publicly available sources of information on cars, as well as the paid services of suppliers of information and, in the case of the JiTiS TCO Certificate, also information from the certificate issuer.
  • JiTiS is not in a position to always comprehensively verify the thus obtained information and its accuracy; this information may change or be modified or supplemented, both as to their value or over time.
  • All information and calculations provided are purely for information purposes, and therefore are in no case binding rules for car maintenance and repairs, nor binding prices (quotes) for car repairs.

 

  1. Protection of digital content; liability for the content of third-party communication
  • The entire content of the Platform and any and all means of calculation of the Platform are copyrighted in favor of JITIS CZ s.r.o. and protected by trademarks held by JITIS CZ s.r.o. Their unauthorized use, including distribution or interference with the software, constitute an infringement of copyright, property rights, and the right to protection against unfair competition.
  • JITIS CZ s.r.o. accepts no responsibility for the contents of communication or the wording of commercial posts, advertisements, links etc. of third parties who make use from advertising space on the website.
  • JITIS CZ s.r.o reserves the right to remove, at its discretion, any messages or images that are inappropriate or that are in conflict with the law or common decency.
  • With respect to the JiTiS TCO Certificate, JITIS CZ s.r.o. is not liable for the rating of the condition of the car, its maintenance and repairs, or its roadworthiness. This information is solely the responsibility of the issuer of the JiTiS TCO certificate as a third party.

 

  1. Payment for fee-based services
  • The price for services always follows from the latest price list which, like these T&C, will be published (announced) within the meaning of Sec. 1752 of the Civil Code (Act No. 89/2012 Coll.; hereinafter the “Civil Code”) by being posted on the websites of JiTiS: www.jitis.eu and www.jitis.cz.
  • The prices are deemed contractually agreed, and the User expresses consent as to the rates and the obligation to make payment.
  • In order to make payment, the User must agree with the conclusion of the contract, with the General Terms and Conditions for usage of the JiTiS calculation platform, and the amount of the price (fee), by clicking to confirm in the dialog box for payments. If consent is withheld, payment will not go through.  In the opposite case, the contract comes into existence.
  • Payment is only possible electronically, using the types and means of payment made available via the Platform.
  • Payment may be made in any of the available currencies, and is subject to tax in accordance with the then current laws and regulations in the Czech Republic.
  • An electronic receipt (confirmation of payment) will be sent to the User, to the e-mail address which they provided, in the form of a download link.
  • Each payment is identified by a payment identification number and a code – the latter serving to activate the specific calculation which it identifies. JITIS CZ, s.r.o., discharges its contractual obligation by performing the calculation. The period of performance depends on the level of sophistication of the calculation, the quality of the data entered by the User, the speediness with which the User makes payment, and the technical circumstances under which the data is being transmitted.  As a rule, the calculation proper will not take longer than on the order of minutes.
  • The right of consumers to rescind a contract may in this case not be exercised for the future, i.e., after the performance was already rendered.

 

  1. Complaints
  • Complaints may be brought on grounds of not having been provided with a pre-paid calculation or on grounds of the delivery of defective calculation data, by way of a physical letter sent to the address of JiTiS CZ s.r.o., or electronically by way of an e-mail submission to reklamace@jitis.cz. Each complaint will be reviewed, and its results (i.e., as the case may be, the repeat calculation) will be sent electronically to the requested address.
  • Complaints may be brought within 30 days from payment of the fee for the calculation.
  • If it proves infeasible to reconstruct / restore the data for the ordered calculation (for technical reasons on the part of JITIS CZ s.r.o), then the amount already paid for the ordered calculation will be fully refunded (by way of transfer back to the account from which it came).
  • The time period for resolving complaints (and, as the case may be, the refund of the given payment) is 14 days from the receipt of the complaint.

 

 

  1. Processing of Personal Data
  • JiTiS is registered with the Office for the Protection of Personal Data as a data controller and a data processor within the meaning of Act No. 101/2000 Coll., on the protection of personal data, as amended (the “Data Protection Act”). By consenting to entering into the contract, consenting to the Price List, and consenting to the T&C, the User of the JiTiS Platform acknowledges that they have been instructed of the fact that all personal data which they may have made available in connection with their order of any services from JiTiS will be processed (either manually or using automation) by authorized personnel, whereas such data processing will be strictly limited to the purpose of providing services in the line of business of the data processor (i.e., of JITIS CZ, s.r.o.), and will be limited in duration and scope to the minimum necessary for such processing.  The provision of personal data is entirely voluntary, and the consent with the provision of personal data may at any time be revoked (by sending notice to such effect to the address of the Company’s registered seat via registered mail).
  • By providing their personal data, the User (orderor of services) confirms that they were duly instructed of their rights under the Data Protection Act, including the right to access and review their stored personal data, and consents to the collection and processing of their data.
  • The User hereby expressly agrees that the operator may send them commercial messages within the meaning of Act No. 480/2004 Coll., on certain services in the information society, which contain information on news, products, and services offered by JITIS CZ, s.r.o. and which will be sent to the e-mail address provided by the User, whereas the User takes due note of the fact that they may revoke their consent at any time (following the instructions contained in each commercial message).

 

  1. General Provisions
  • Detailed information about us as the operator of the JiTiS platform can be found at jitis.eu
  • The rights and obligations arising from the Contract and from these General Terms and Conditions for the JiTiS platform, as well as any disputes in this respect, are governed by Czech law.
  • If any of the provisions of these General Terms and Conditions become invalid, then this shall have no bearing on the validity of the remaining provisions.
  • JITIS CZ, s.r.o. reserves the right to unilaterally modify and supplement these General Terms and Conditions for usage of the JiTiS platform at any time; however, this must not result in a material deterioration of the User’s legal position.
  • Any changes to the General Terms and Conditions for usage of the JiTiS platform will be made public at jitis.eu. With a view to the immediate discharge of the obligation once the conditions for its acceptance have been met, it is always at the User’s discretion whether or not they wish to sign in for using the services on the JiTiS platform even after the wording of the T&C and the price list have changed.

 

Made in Prague on 1 March 2018

 

 

JITIS CZ s.r.o., Kukulova 24, 169 00, Prague 6, identification number 25 08 83 78

www.jitis.cz, www.jitis.eu, info@jitis.cz, reklamace@jitis.cz

 

 

 

 

 

 

 


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