General terms and conditions

General terms and conditions

MyRoute-app

  1. Article 1: Definitions
    1. In these terms and conditions the following terms are used in the following meaning as stated below, unless otherwise expressly stated or clear from the context:
      1. MyRoute-app: the user of these terms and conditions: MyRouteApp B.V. located at Waterlelie 17 in Nootdorp, registered at the Chamber of Commerce under number 61120405;
      2. User: the natural person who has created an account on the website;
      3. Agreement means the agreement between the user and MyRoute-app to use the service;
      4. Service: the services that are offered online via the (mobile) website or application by MyRoute-app, which the user can use after registration;
      5. Website: the website www.myrouteapp.com;
      6. Content: the content that is posted by the user on the website, such as a GPS route, travel report, photos or videos.
  2. Article 2: General
    1. These terms and conditions apply to the use of the website, all services offered there and any agreement between MyRoute-app and the user to which MyRoute-app has stated to apply these conditions.
    2. Any deviations to these general conditions are only valid if expressed in writing or via email.
    3. The version of these terms and conditions is applicable that was valid during the establishment of the agreement, unless the user has accepted the validity of a revised version of the terms and conditions.
    4. If one or more of the provisions in these terms and conditions are invalid or void, the remaining provisions of these terms and conditions shall remain fully applicable. In that case MyRoute-app has the right to set in its place a not unreasonably onerous provision for the user that resembles the invalid provision as closely as possible.
  3. Article 3: Fair use
    1. It is not allowed to use the services in a way that might hinder other users or that otherwise could affect the proper functioning of the services. It is also not permitted to bypass security or use any other than personal credentials to use closed parts of the services.
  4. Article 4: Offer
    1. The offer of MyRoute-app remains without obligation.
    2. These prices do not automatically apply to future agreements.
    3. MyRoute-app is not liable for obvious errors or mistakes in the offer, publications or on the website.
  5. Article 5: Establishment of the agreement
    1. The agreement comes into effect as soon as the user has registered through the website. In case the user purchases a Gold subscription or a Gold Lifetime subscription through the website, the agreement comes into effect as soon as the user has registered through the website and after the user has clicked on the button “Purchase with payment obligation”.
    2. The agreement can only come about through the website after the user clicked that he agrees to these terms and conditions.
    3. Once the agreement has been concluded through the website, MyRoute-app will send the user an immediate confirmation via e-mail. If the user does not receive a confirmation e-mail from MyRoute-app, the user should contact the online helpdesk of MyRoute-app.
    4. MyRoute-app has the right to refuse the provision of the service if the request for provision of the service is done from an IP address that is the same as the IP address of a former user whose access to the service has been denied by MyRoute-app.
  6. Article 6: The account
    1. The user must create a user name and password, so that he can log on to this website. The user name and password are strictly private and confidential and may not be shared with others. If the user suspects that an unauthorized third party makes use of his logins, the user should contact MyRoute-app as quickly as possible.
    2. The user is not allowed to create multiple accounts.
    3. The account is personal and not transferable.
  7. Article 7: Gold subscription
    1. If the user has purchased a Gold subscription through the website, he will have access to additional features.
    2. The user will be charged for using the Gold subscription. The amount of these costs is clearly stated on the website.
    3. The Gold subscription has a fixed length of one year and cannot be terminated prematurely.
    4. After the expiry of the term, the Gold subscription will end automatically. Before the expiry of the term of the Gold subscription, the user will receive an e-mail with which he can extend his Gold subscription. If the Gold subscription is not renewed by the user, then the Gold subscription is converted into a free subscription. This subscription can be canceled at any time.
  8. Article 8: Gold Lifetime subscription
    1. The user can purchase a Gold Lifetime subscription through the MyRoute-app. In that case, the user will have a right to use the same extra functions as mentioned above in the Gold subscription. Differing from what is mentioned in article 7, this subscription won’t be concluded for the duration of 1 year, but the user will have a right to use the service as long as MyRoute-app supports it and it is online.
    2. For the Gold Lifetime subscription, one-time costs will be charged to the user. The amount of these costs is clearly indicated on the website.
  9. Article 9: The Big Club Deal
    1. A club can participate in the Big Club Deal that MyRoute-app offers. Participation in the Big Club Deal means that members of a club receive 25% discount when purchasing a Gold Lifetime subscription. The club will receive 1 free Gold Lifetime subscription.
    2. In order to participate in the Big Club Deal, the club has to purchase a minimum of 15 Gold Lifetime subscriptions.
    3. A club can sign up for the Big Club Deal by filling in the according request form and sending it to MyRoute-app. The club is obliged to fill in the form completely and truthfully.
    4. The term “user” in these general conditions applies to the club that has signed an agreement with MyRoute-app for its members.
    5. After MyRoute-app has accepted the request to participate in the Big Club Deal, MyRoute-app will send the invoice for the completed subscriptions within 2 working days. The club has to pay the invoice within 1 month of the invoicing date. Within 7 days after MyRoute-app has received the payment of the club, MyRoute-app will send the discount codes, so that members of the club can purchase Gold Lifetime subscriptions with 25% of discount.
    6. In case members of the club have purchased Gold Lifetime subscriptions before participating in the Big Club Deal, the discount that the club receives will be charged as mentioned in article 9.1. This will be clearly indicated in the invoice that the club will receive from MyRoute-app. This charging will only take place in case the club has purchased more Gold Lifetime subscriptions than the number of Gold Lifetime subscriptions that was purchased before participating in the Big Club Deal.
    7. In case the club purchases 30 or more Gold Lifetime subscriptions, the club will have the right to attend a free course organized by MyRoute-app. Courses are only organized by MyRoute-app in the Netherlands. In case a club wishes that MyRoute-app organize a course for its members, the club has to ensure it has a suitable location for the course and to possibly provide goodies.
  10. Article 10: Pricing
    1. Prices include VAT
    2. MyRoute-app has the right to adjust its prices from time to time.
  11. Article 11: Payment
    1. The payment for the Gold subscription or the Gold Lifetime subscription can be made in the following ways:
      1. through the online payment methods of MultiSafepay;
      2. by direct debit.
    2. If the user selects the payment option direct debit, the user receives a discount on the subscription fee for the next few years if he prolongs his Gold subscription.
  12. Article 12: Right of termination
    1. The user has the right to dissolve the agreement for the purchase of the Gold subscription or the Gold Lifetime subscription within 14 days after establishing the agreement. Dissolving the agreement has to happen in writing or by e-mail.
    2. The user can not invoke his right of termination if:
      1. the fulfillment of the agreement began with the express permission of the user; or
      2. if the user has declared to waive his right of termination.
    3. If the user informs MyRoute-app by email that he invokes his right of termination, MyRoute-app will confirm the reception of this e-mail to the user.
    4. In case a user uses his right of withdrawal according to article 12.1, MyRoute-app will pay back the subscription costs for the Gold subscription or the Gold Lifetime subscription to the user within 14 days after dissolving.
    5. In case a user has not given his explicit consent for delivering the service before the dissolving period has passed and hasn’t distanced himself from the right of withdrawal, then MyRoute-app has the right to decide that the Gold subscription or the Gold Lifetime subscription will only come into effect after the dissolving period has passed.
  13. Article 13: User obligations
    1. The user is obliged to inform MyRoute-app through his account in case any changes to his data occur.
    2. The user indemnifies MyRoute-app from any claims of third parties that have suffered damage using the website by the user that is attributable to the user.
    3. The user is not allowed to use the website and / or service in such a way that would affect the proper functioning of computer systems of MyRoute-app or third parties or that hinders other users from using the site.
    4. The user is solely responsible for the content he posts on the website.
  14. Article 14: Terms of use
    1. The user must follow the following rules when using the services:
      1. It it not allowed:
        1. to post photos or images of identifiable individuals on the site that have not given permission for such a posting;
        2. to create, introduce or spread computer viruses;
        3. to place content that contains pornographic, racist, vulgar, threatening, violent or offensive material;
        4. to use the service to violate the privacy of third parties;
        5. to use the service for performing or promoting criminal activities;
        6. to examine or test the vulnerability of a computer system or network without the prior explicit permission by the rights holder to break through security.
      2. The Content may not be harmful in any way for MyRoute-app or third parties. The user is not allowed to post content on the website that damages the reputation of MyRoute-app or third parties.
      3. The user will not share information using the web site that:
        1. is in conflict with national and international law;
        2. is contrary to morality or the spirit of action and conduct in operation on the Internet;
        3. violates the rights of third parties. It is expressly forbidden to post content on the website whose intellectual property rights are held by a third party if that third party has not given permission for the placement of the content;
        4. is (sexually) intimidating, unethical, including in any case, but not limited to material affecting the respectability of minors or including a violation of the right to privacy and / or human dignity as well as material that initiates discrimination;
        5. is confidential and must not be disclosed.
    2. MyRoute-app at all times reserves the right to refuse, modify or delete content.
    3. The services are intended solely for the personal use of individual users and may not be used for commercial purposes. No commercial message may be included in the content.
    4. MyRoute-app has the right to remove content from the website that is not consistent with the objective of the website.
  15. Article 15: Responsibility
    1. MyRoute-app bears no responsibility for the content contributed by users on the website and does not endorse the substance of the content. If information on the website from a user is not correct or complete, MyRoute-app cannot be held liable for this.
    2. MyRoute-app can not be held liable for the consequences of driving a GPS route that has been placed on the website by a user.
  16. Article 16: Blocking the account
    1. The user acknowledges that MyRoute-app has the right to block the account of the user if the user or others abuse the site, if there are other irregularities or technical failures, whatever the cause.
    2. If the user fails to fulfill his obligations according to the agreement, terms and conditions or legislation, then MyRoute-app has the right to terminate the agreement and to block the account.
    3. If the user is guilty of an offense, MyRoute-app will report this to the police.
    4. If the user account is blocked, the user will be informed thereof in writing or via e-mail. Any already paid subscription fees are not refundable.
  17. Article 17: Share & win promotion
    1. The user can participate in the Share & Win action of MyRoute-app every quarter through the website, for this the user has to upload a GPS-route including a video clip of that route through the website. Other users of the website can vote for the uploaded GPS-routes. The user with the most votes will be the winner of the Share & Win action.
    2. The prize of the Share & Win action can differ every quarter.
    3. The prize will be sent to the address provided by the winner.
    4. The prize can not be exchanged for cash.
    5. The outcome of the Share & win promotion is final.
    6. The video of the winner will be edited by MyRoute-app, given an intro and outro, and shared through various online channels such as Facebook and YouTube.
  18. Article 18: Execution of the agreement, disruption and maintenance
    1. MyRoute-app will provide the services to the best of its ability and with due professional care.
    2. For its services, MyRoute-app depends on services or networks of third parties. MyRoute-app is not liable for damages of any kind or for whatever reason, caused by services or networks of third parties, including faults in the networks or infrastructure of third parties.
    3. MyRoute-app is entitled to temporarily shut down the service for maintenance reasons.
    4. MyRoute-app can decide to stop its services at any time. The user will be notified thereof by e-mail. If the user has entered a Gold subscription, then upon termination of the agreement by MyRoute-app, the paid subscription fees will be credited and refunded proportionately.
  19. Article 19: Complaints
    1. Complaints about the service can be reported to:
      MyRouteApp B.V.
      Post box 73
      2640 AB Pijnacker
      E-mail: info@myrouteapp.com
    2. Complaints are handled by MyRoute app within 30 days. If handling of a complaint within the period of 30 days is unfortunately not possible, the user will be informed about the delay.
  20. Article 20: Intellectual property rights
    1. All intellectual property rights, including copyright and database rights, with respect to the website, software, photographs, images, drawings, text, trademarks, trade names, corporate identity and logos, and when it concerns information provided to the user by MyRoute-app reside with MyRoute-app or its licensors. The user acquires non-exclusive usage rights. The user must always respect the intellectual property rights of MyRoute-app and its licensors.
    2. The user is not allowed to share (parts of) the website, the services or content, unless MyRoute-app has given the user the right by including a sharing function on the website.
    3. By giving an order to publish or reproduce within the copyright act or any other legal regulation in the field of intellectual property, which are made available by or on behalf of the user, the user declares that this does not infringe legal requirements and / or protected rights of third parties and shall indemnify MyRoute-app from claims in this regard by thirds or for the direct and indirect consequences, both financial and otherwise, arising out of the publication or reproduction.
    4. By posting content on the website, the user gives:
      1. to MyRoute-app a worldwide, non-exclusive, royalty-free, transferable license to reproduce, use, distribute, edit and show the content for the promotion of the service, the website, the Share & win promotion and the other activities of MyRoute-app through various media channels, such as, but not limited to, social media websites;
      2. to other users of the website a worldwide, non-exclusive, royalty-free, transferable license to reproduce, use and distribute content as far as that is allowed based on the functionality of the website. In case the content concerns a GPS-route, the user gives other users of the website the right to copy this GPS-route to a GPS-system for free.
  21. Article 21: Liability and limitation
    1. A lot of attention is put into the quality of the services. Still, MyRoute-app cannot be made liable for the continuous availability of its services, the correctness of all data on the website and/or the avoidance of unauthorized usage by thirds. The website can contain technical inaccuracies and other mistakes. The website is offered in its current state and as available, without any explicit or implicit guarantee in whatever form.
    2. The user is completely responsible for any usage of the service. MyRoute-app does not accept liability for any damage the user has caused to himself or thirds while taking actions that are mentioned on the website.
    3. MyRoute-app is not liable for damage of any kind that is the result of MyRoute-app assuming incorrect or incomplete data that was provided by the user.
    4. MyRoute-app tries to keep the services accessible 7 days a week and 24 hours per day, but can interrupt access for maintenance, updating and/or any other technical reason, among others.
    5. MyRoute-app does not assume liability for damage to the user as a result of any interruption as mentioned in paragraph 4 of this article, unless the interruption is unreasonably long by fault of MyRoute-app. In this case the amount of compensation that MyRoute-app has to pay per month shall never be higher than 1 month of subscription costs.
    6. MyRoute-app can in no way be made liable for loss of login data used by the user. MyRoute-app can also not be made liable for unauthorized thirds using the login data of the user.
    7. MyRoute-app can never guarantee that the information on the website is correct. MyRoute-app makes all efforts to provide the correctness of these data as consistently as possible. External influences, for instance by hackers, are always possible and may lead to damaged data. MyRoute-app does not assume liability for this damaged data.
    8. MyRoute-app is in no way liable for the suitability of the website for any goal whatsoever.
    9. Using GPS-routes that are placed on the website by other users is completely at risk of the user.
    10. MyRoute-app does not assume liability for the damage to or loss of data that is caused by telecommunication facilities.
    11. MyRoute-app is never liable for indirect damage, including consequential damage, loss of win, loss of savings and damage through business interruption.
    12. In case MyRoute-app might be liable for any damage, the liability of MyRoute-app will be restricted to the yearly subscription costs that the user has been charged for or to a one time compensation in case the liability concerns the Gold Lifetime subscription.
    13. Any demands towards MyRoute-app that have not been transmitted to MyRoute-app in writing within 1 year after coming into existence shall fall under the statute of limitation.
  22. Article 22: Force majeure
    1. MyRoute-app will not be held liable for obligations within the agreeement or for providing services in case it is impeded to doing this as a result of force majeure. Force majeure includes, among others: an unaccountable shortcoming of engaged thirds, the temporary unavailability or not sufficient availability of hardware, software and/or Internet or other telecommunicational connections that are necessary for delivering the services, meteorological effects, government measures, power outage, virus infection or breach of computer peace by thirds, business interruption, as well as any other situation in which MyRoute-app does not have (decisive) control.
  23. Articlel 23: Secrecy and privacy
    1. MyRoute-app and the user are obliged to secrecy for any confidential information they have received within the frame of the agreement from each other. Information will be held as confidential in case this has been communicated by the other party or it is evident from the type of information. The party receiving confidential information shall use this only for the goal for which it was provided.
    2. On request, MyRoute-app can give the user access to any information that MyRoute-app stores of him. Furthermore MyRoute-app will give the user the possibility to correct or delete any incorrect information that MyRoute-app stores of him.
    3. MyRoute-app processes personal data in accordance to the data privacy act.
    4. MyRoute-app won’t pass on the personal data of the user to third parties, unless one of the exceptions mentioned in article 23.5 applies.
    5. MyRoute-app has the right to provide third parties with personal data of the user:
      1. in case the user has explicitly given his agreement to this;
      2. within a legal prescription or a legal procedure;
      3. to protect the rights or the property of MyRoute-app;
      4. to prevent a criminal act or to protect state security;
      5. under the suspicion of fraud or other illegal activities;
      6. in case it's necessary for the implementation of the agreement.
  24. Article 24: Security and the Internet
    1. MyRoute-app makes an effort to protect its systems and the website against the unauthorized use and loss of inserted data. It is impossible to completely exclude unauthorized use and any accidental loss of data. MyRoute-app does not assume liability in case inserted data is affected, lost or used by unauthorized persons in spite of the measures taken.
  25. Article 25: Applicable law and competent judge
    1. Dutch law is applicable to any agreement between MyRoute-app and the user.
    2. Any conflicts that might arise between the parties shall exclusively be judged by the competent judge in the Netherlands whose field of law includes the seat of MyRoute-app. The user has 1 month after MyRoute-app has referred to the clause in writing towards the user in order to choose an authorized judge for the reconciliation of the disagreement.

MyRouteApp B.V.
PO box 73
2640 AB PIJNACKER
The Netherlands

E. info@myrouteapp.com
T. +31(0)646141778
KvK. 61120405
VAT. NL854215980B01