Common use of Smart Card Clause in Contracts

Smart Card. 4.1. The User who has met the conditions of this Contract may collect a smart card in order to gain access to the use of the CAR4WAY System (hereinafter the “Smart Card”) in any of the Provider’s branches listed on the Provider’s web. The User may collect multiple Smart Cards based on the number of Authorised Persons. The Smart Card can be replaced or supplemented with other electronic means (a smartphone) if such a service is technically operated by the Provider. 4.2. The Smart Card may be issued to the User for the duration of the force and effect of this Contract. The Smart Card enables the User to unlock, use and lock a Car. 4.3. The Smart Card is non-transferrable and is issued by the Provider to the User’s Authorised Person only. The User is not entitled to provide the Smart Card to any person within the User other than the Authorised Person, nor transfer it between the Authorised Person, unless agreed by the Provider, and is not entitled to provide the Smart Card to any third person, especially not to rent, sub-rent, lend or leave the Card for the use of another, whether against payment or free of charge. If these conditions have been breached, the Provider is entitled to terminate this Contract with immediate effect. 4.4. The User is obliged to inform the Provider immediately of the loss, theft or damage of the Smart Card for the purposes of deactivation of the Smart Card by the Provider, otherwise the User will be liable for damage incurred by the breach of this obligation. In case of the loss, theft or damage of the Smart Card, the Provider will issue a replacement Smart Card to the User for the administrative fee of specified in the Pricelist. 4.5. The User is not entitled to examine, modify or intervene in the electronic system of the Smart Card in any way. 4.6. The Provider is entitled to block the User’s Smart Card, disabling the User to use the CAR4WAY System, in case of a material breach of this Contract or General Terms and Conditions of the CAR4WAY System, especially in case of outstanding receivables from the User, until the remedial measure has been taken. If the Smart Card is replaced or supplemented with other electronic means (a smartphone, payment card), the Provider may disable the access and use of the CAR4WAY System similarly in case of a material breach of this Contract or General Terms and Conditions of the CAR4WAY System, especially in case of outstanding receivables from the User, until the remedial measure has been taken.