End User Terms and Conditions relating to the izi.TRAVEL Service
1. Definitions and Interpretation
1.1 The capitalized terms listed below have the following meaning in the EU Terms:
Account: the personal environment which is created by the End User when he registers for the izi.TRAVEL Service and to which the End User obtains access after entering his Login Details;
Content: the mobile travel guides containing information on specific objects or places of interest, provided in the form of text, photos, video’s and audio-visual materials and any other form, developed by third parties and made available to the End User by IZITEQ through the izi.TRAVEL Service;
End User: a person that is using the izi.TRAVEL Service with or without an Account, to access the Content and use such Content for entertainment purposes;
Intellectual Property Rights: all intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, moral rights, database rights, neighbouring rights, as well as rights to know-how, logos, domain names, service marks, inventions and sui generis intellectual property rights and all similar rights in any part of the world, including any registration of such rights and applications and rights to apply for such registration;
IZITEQ: IZITEQ B.V., a company with limited liability established and existing under the laws of The Netherlands, registered with the trade register of the Chamber of Commerce under number 53202562;
izi.TRAVEL App: the mobile application izi.TRAVEL, that provides the End User with information concerning objects and places of interest in his environment, based on his current (GPS) location;
izi.TRAVEL Service: the service provided by IZITEQ to the End User, as further specified in article 3;
izi.TRAVEL Website: the URL http://izi.travel and all its top level and sub domains;
Login Details: the izi.TRAVEL and/or Facebook-, Twitter- or Google+- username or e-mail address and password which the End User provides when creating his Account and with which the End User gains access to his Account;
Personal Data: personal data as defined in article 2(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, or a future European regulation which is intended to replace this directive;
EU Terms: these Terms and Conditions applicable to the use of the izi.TRAVEL Service by the End User;
Third Party Provider: the (legal) person, which could also be an application provider, which has entered into an agreement with IZITEQ to gain access to Content to incorporate it in its product(s).
1.2 For practical purpose only the End User is described as masculine in these Terms of Service. Each time the EU Terms include ‘he’, ‘his’ or ‘him’, it must be read as ‘she’ or ‘her’ if the End User is in fact feminine.
2.1 The Terms of Service apply, to the exclusion of any terms and conditions of the End User or third parties, to all agreements between IZITEQ and the End User and to each and every use made by the End User of the izi.TRAVEL Service. These Terms of Service also apply to the use of the izi.TRAVEL Service by third parties via the Account.
2.2 IZITEQ is at all times authorised to amend or supplement these Terms of Service. The most up-to-date Terms of Service can always be found on the izi.TRAVEL Website. The amended or supplemented Terms of Service will be brought to the End User’s attention during the End User’s use of the izi.TRAVEL Service. If the End User continues to use the izi.TRAVEL Service after these Terms of Service have been amended or supplemented, by such action the End User irrevocably accepts the amended or supplemented Terms of Service. If the End User does not agree to the amended or supplemented Terms of Service, the only option open to the End User is to cease using the izi.TRAVEL Service.
2.3 If at any time any provision of these Terms of Service is or becomes illegal, void or invalid for any reason whatsoever, including but not limited to overriding mandatory consumer protection law, such invalidity shall not affect the validity of the remainder of the Terms of Service and such invalid provision shall be replaced by such other provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
3. The izi.TRAVEL Service
3.1 The izi.TRAVEL Service entails the right of the End User to access and use the izi.TRAVEL App and the izi.TRAVEL Website which enables the End User to access Content and use this Content to receive information on a specific object or location of interest for entertainment purposes, determined on the basis of the End User’s current (GPS) location, including the (future) ability to create an Account.
3.2 Additional conditions may apply to the use of the izi.TRAVEL Service by the End User, and in particular the (use of) Content. These conditions shall be made available in the izi.TRAVEL App and/or the izi.TRAVEL Website, to whichever the conditions apply.
3.3 IZITEQ shall perform the izi.TRAVEL Service to the best of its ability. However, the End User accepts that the izi.TRAVEL Service contains only the functionalities that he finds at the moment of use (“as is” basis). Except as expressly provided in these EU Terms, IZITEQ makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, reliability or accuracy of the izi.TRAVEL Service or the Content, or that any part of the izi.TRAVEL Service will be uninterrupted, error-free, timely, secure, nor is it warranted either implicitly or expressly that any content is safe in any manner for download.
4. Access to and availability of the izi.TRAVEL Service
4.1 To use certain advanced features of the izi.TRAVEL Service the End User might be required to create an Account, by following the registration process in the izi.TRAVEL App or on the izi.TRAVEL Website. The End User guarantees that all provided (personal) data is up-to-date, correct and complete. If the (personal) data of the End User is at any point no longer up-to-date, correct or complete, the End User shall adjust or add the data required. The End User is not allowed to create an Account in someone else’s name.
4.2 If the End User is under the age of 18, he must have parent(s)’ or legal guardian(s)’ permission to create an Account and use the izi.TRAVEL Service.
4.3 If the person registering an Account and using the izi.TRAVEL Service does so on behalf of another person, he represents that he has the legal authority to bind that person to these EU Terms.
4.4 During the registration, the End User must supply Login Details. The End User is responsible for maintaining secrecy with regard to the Login Details for his Account. As soon as the End User knows or has reason to suspect that his Login Details have come into the hands of unauthorized persons, the End User must inform IZITEQ of this without delay, without prejudice to his own obligation to immediately take effective action, such as modifying his Login Details.
4.5 The End User accepts and acknowledges that he is at all times responsible and liable for the use of the izi.TRAVEL Service by third parties via the End User’s Account. The End User indemnifies IZITEQ against any and all damage and costs arising from and/or related to the access to or the use of the izi.TRAVEL Service by third parties via the End User’s Account.
4.6 The End User may also log in on the izi.TRAVEL Service using his Twitter-, Facebook-, or Google+-Account. The use of a Twitter-, Facebook-, or Google+- account for the access to or use of the izi.TRAVEL Service is for the risk and responsibility of the End User. IZITEQ is not responsible with respect to the availability and well-functioning of Twitter, Facebook and/or Google+, nor for the correct functioning of the link between the izi.TRAVEL Service and Twitter, Facebook and/or Google+. The End User is not allowed to log into the izi.TRAVEL Service and/or create an Account using the Facebook-, Twitter- or Google+-account of another End User, person or company.
4.7 IZITEQ may at all times (i) make functional, procedural or technical changes or improvements to the izi.TRAVEL Service, including the izi.TRAVEL App, the izi.TRAVEL Website and Content, (ii) (temporarily or permanently) take out (part of) the izi.TRAVEL Service for whatever reason, and/or (iii) take out of service, restrict the use of or terminate Accounts, without becoming liable to the End User.
4.8 The End User is solely responsible for the purchase and/or the proper operation of the infrastructure necessary to use the izi.TRAVEL Service, including any mobile device with functions for (GPS) localization. IZITEQ is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet.
4.9 IZITEQ is in no way whatsoever liable to the End User for any damage or costs arising our of or resulting from (parts of) the izi.TRAVEL Service being (temporarily) unavailable or for failures or outages of the izi.TRAVEL Service.
5. Use of the izi.TRAVEL Service
5.1 Each and every use of the izi.TRAVEL Service by the End User is for the risk and responsibility of the End User.
5.2 The End User is not permitted to:
a. use the izi.TRAVEL Service and/or Content in a way that is contrary to the purpose and morals of the izi.TRAVEL Service;
b. use the izi.TRAVEL Service and/or Content in a way that is discriminating regarding race, religion, gender, culture or heritage or which is otherwise offensive;
c. use the izi.TRAVEL Service and/or Content in a way that calls for violence against and/or harassment of others;
d. use the izi.TRAVEL Service and/or Content in a way that is false and/or misleading, including – but not limited to – the adoption of a false identity and/or making the incorrect suggestion that the End User is in any way commercially connected with IZITEQ or its licensors or licensees;
e. use the izi.TRAVEL Service and/or Content with a (mobile) device which contains viruses, Trojan horses, worms, bots or other software that can damage, disable or delete the izi.TRAVEL Service or makes it inaccessible, or which alters, damages or deletes the Content;
f. violate the EU Terms, the Privacy Statement or any applicable laws and/or regulations;
g. infringe the rights of IZITEQ and/or third parties, including – but not limited to – Intellectual Property Rights and rights that relate to the protection of privacy;
h. harm the interests and reputation of IZITEQ;
i. collect data from End Users through the izi.TRAVEL Service and use this data for other purposes than those that are listed or intended in the EU Terms; j. reproduce, publish or sell the Content which is obtained through the izi.TRAVEL Service;
j. reproduce, publish or sell the Content which is obtained through the izi.TRAVEL Service;
k. use contact information which is provided by End Users for any commercial, non-commercial or charitable communication as well as any other unsolicited communication other than the intended purposes of the izi.TRAVEL Service;
l. use the izi.TRAVEL Service for advertisement purposes, other than with the express permission of IZITEQ;
m. engage third parties to perform any of the abovementioned acts.
5.3 The End User acknowledges and agrees that any personal information (such as reviews, comments etcetera) he makes available through the izi.TRAVEL Service can be used by other End Users. The End User acknowledges that IZITEQ cannot enforce compliance with the EU Terms by other End Users.
6.1 The izi.TRAVEL Service offers End Users various Content. The End User can choose which (type of) information he wishes to receive by accessing specific Content on his mobile device through the izi.TRAVEL App or via the izi.TRAVEL Website.
6.2 Content may be offered under additional terms and conditions, such as –but not limited to- (periodic) payment obligations and restrictions to use, for instance to a certain time limit, or area or from a certain age. In any case the use of Content is limited in accordance with article 8.
6.3 Upon fulfillment of any (payment) obligations in accordance with article 7, to the extent required, the End User may access the Content through his mobile device or computer, whether or not via his Account, subject to the license granted in accordance with article 8.2. The Content shall be available to the End User in his Account, if applicable. The End User may, at any time, delete or remove Content from his Account. Upon removing Content, all rights of the End User to the use of that Content shall terminate, unless otherwise specified by IZITEQ.
6.4 IZITEQ reserves the right to modify, refuse or delete Content or to restrict the use of the Content, or subject the use of the Content to (additional) terms, if there are grounds to do so according to IZITEQ and/or its licensors, without becoming liable to the End User. This right includes the right to have the forementioned actions performed by third parties, such as licensors of IZITEQ.
6.5 The End User accepts that the Content contains only the functionalities and information that he finds at the moment of use (“as is” basis). Except as expressly provided in these EU Terms, IZITEQ and/or its licensors makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, availability or accuracy of the Content. Furthermore IZITEQ does not guarantee that the Content will be available in the language of choice of the End User.
6.6 IZITEQ accepts no liability for (in)correctness, (in)completeness or the (in)actuality of the Content that is made available in the izi.TRAVEL App or on the izi.TRAVEL Website (whether or not this Content originates from third parties).
6.7 If a End User is of the opinion that certain Content infringes his rights and/or the rights of other End Users or a third party the End User should notify IZITEQ immediately by sending an email to firstname.lastname@example.org.
6.8 Some parts or features of the izi.TRAVEL Service may be subject to an age restriction. The End User hereby represents that he is of sufficient legal age to use or participate in such part or feature of the izi.TRAVEL Service.
7. Prices and payment
7.1 For the use of the izi.TRAVEL Service, or a part thereof, a fee might be due. Content may be offered for a fee, or free of charge. The End User will receive the relevant payment details prior to adding the Content to the device or Account. All payments will be in-app payments and take place in the way as described in the izi.TRAVEL App and in conformity with the relevant in-app purchase program for iOS, Android or other operating systems.
7.2 If a periodic payment is agreed and/or no payment by direct debit is possible or agreed, the End User must pay within 30 days after the invoice date, unless explicitly agreed otherwise in writing.
7.3 If IZITEQ has not received (full) payment after the expiration of this term, the End User will immediately be in default, without any advance demand or notice of default being required. From the time of default, the End User owes interest equal to the statutory interest.
7.4 If the End User remains in default of payment of the claim after a reminder or notice of default, IZITEQ may decide to refer the debt for collection. In that case all costs incurred by IZITEQ in connection with late payments are charged to the End User.
7.5 The End User is not entitled to suspend any payment obligation.
8. Intellectual Property Rights
8.1 The Intellectual Property Rights in relation to the izi.TRAVEL Service, including the information made available via the izi.TRAVEL Service such as the Content, texts, look-and-feel, templates, video-, audio- photo-material and the website of IZITEQ, are held by IZITEQ or its licensors.
8.2 Under the conditions set out in these EU Terms, IZITEQ will grant the End User a limited, personal, revocable, worldwide, non-exclusive, non-sublicensable and non-transferable right to access and use the izi.TRAVEL Service, including the Content, insofar as is necessary for the non-commercial use of the izi.TRAVEL Service. This license does expressly not entail the right for the End User to publish, reproduce or make available the izi.TRAVEL Service and/or the Content in another medium or for any third party.
8.3 Nothing in these EU Terms is intended to transfer any Intellectual Property Rights to the End User. The End User shall refrain from any act that infringes the Intellectual Property Rights of IZITEQ or its licensors, including – but not limited to – the registration of domain names, trademarks or Google Adwords that are identical or similar to any object to which IZITEQ or its licensors holds Intellectual Property Rights, as well as the reproduction, modification, reverse engineering or publishing of the izi.TRAVEL Service, including the Content, for other purposes than those listed in the EU Terms, unless permitted by applicable mandatory law.
8.4 The End User is not permitted to remove, make illegible, hide or modify notifications or statements with regard to Intellectual Property Rights.
9. Personal Data
9.1 IZITEQ processes Personal Data of the End User [using the Account] in the course of providing the izi.TRAVEL Service, including but not limited to information entered when creating the Account, information provided when using the izi.TRAVEL Service and information collected on the use of the izi.TRAVEL Service.
9.2 To the extent necessary, the End User agrees in advance to all processing by or on behalf of IZITEQ of the Personal Data referred to under article 9.1 for the purposes of:
a. developing and offering the izi.TRAVEL Service, the izi.TRAVEL App and the izi.TRAVEL Website;
b. communicating with the End User about IZITEQ and its products and services;
c. generating statistical data (including by means of Google Analytics);
d. protecting IZITEQ's information systems.
9.3 To the extent necessary, the End User agrees in advance to IZITEQ providing access to any Third Party Provider to the Personal Data referred to under article 9.1, excluding the Login Details and all subsequent processing by or on behalf of this Third Party Provider of this Personal Data, for the purposes of:
a. developing and offering its products;
b. communicating with the End User about the Third Party Provider and its products;
c. generating statistical data (including by means of Google Analytics);
d. protecting the Third Party Provider's information systems.
9.4 IZITEQ shall implement appropriate technical and organizational measures to protect the Personal Data referred to in article 9.1 against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
9.5 Under European data protection law, a legal basis is required for the processing of Personal Data. This legal basis can be the granting of permission, as set out in this article 9, but there are also other legal bases. For the avoidance of doubt, the permissions granted to IZITEQ and the Third Party Providers under this article are without prejudice to any other legal basis IZITEQ and the Third Party Providers might have for the processing referred to in this article.
10. Indemnities and warranties
10.1 The End User warrants and guarantees that he is entitled to use the Service and that he will act in accordance with the EU Terms.
10.2 The End User agrees to indemnify, defend and hold harmless IZITEQ, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, actions, proceedings, damages, obligations, losses, expenses and costs, including reasonable attorneys’ fees and other litigation expenses, resulting from (i) an attributable breach of the EU Terms by the End User, (ii) any use the End User makes of the izi.TRAVEL Service, including Content, or (iii) an unlawful act performed by the End User, or (iv) any third party claims resulting from the above.
10.3 The Service may contain links to third party websites that are not owned or controlled by IZITEQ. IZITEQ has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites.
11.1 IZITEQ accepts no liability for damage that result from the provision of the izi.TRAVEL Service, an unlawful act, or any other cause, to the extent that is permitted under mandatory law.
11.2 When IZITEQ is nevertheless liable to the End User for any damage arising from any cause whatsoever, this liability will at all times be limited to the direct damage up to an absolute maximum of EUR 1.000,-- per event (a sequence of events will be regarded as one event).
11.3 Direct damage is understood to mean exclusively:
a. damage to property, however this damages shall not be compensated if the agreement is rescinded (“ontbonden”);
b. reasonable costs incurred to prevent or limit direct damage which could reasonably be expected to result from the event on which is the liability is based;
c. reasonable costs incurred to determine the direct damage and liability.
11.4 Any liability of IZITEQ for damage other than direct damage (“indirect damage”) as specified in article 11.3, including – but not limited to – consequential damage, loss and/or damage of data, loss in connection with claims, materials, services and/or software of third parties, loss of profits, loss of reputation and lost sales, is excluded.
11.5 The limitations and exclusions of liability mentioned in the preceding paragraphs of this article shall not apply if and in so far as the damage is the result of intentional or willful recklessness on the part of IZITEQ.
11.6 The existence of any right to compensation is always conditional on the End User reporting the damage to IZITEQ in writing a soon as possible after he has become aware of the damage. Any claim for compensation vis-à-vis IZITEQ will lapse simply by the expiry of twelve (12) months after the damage first arose.
12. Force majeure
12.1 Neither party to this EU Terms is liable to perform any obligation, including any warranty obligation agreed between the Parties, if prevented there from by force majeure.
12.2 Force majeure is taken to mean inter alia: illness of employees and/or absence of key employees needed for IZITEQ, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers or licensors of IZITEQ, shortcomings by third parties which were engaged by IZITEQ, disruption of the internet connection, hardware failures and failures in (telecommunication) networks.
13. Duration and termination
13.1 With respect to the izi.TRAVEL App the agreement between the End User and IZITEQ comes into effect at the moment the End User accepts these EU Terms when installing the izi.TRAVEL App on his mobile device. With respect to the izi.TRAVEL Website the agreement between the End User and IZITEQ comes into force at the moment the End User visits the izi.TRAVEL Website [and starts using the izi.TRAVEL Service].
13.2 The End User is at any moment entitled to discontinue the use of the izi.TRAVEL Service and to terminate his Account for convenience (“opzeggen”).
13.3 If there are grounds to do so, without any further notification being required and without becoming liable to pay compensation, IZITEQ reserves the right to terminate the End User’s Account (temporarily or permanently) or to delete Content, specifically in but not limited to cases in which the End User, in IZITEQ’s opinion, has breached any of the provisions in these EU Terms, without prejudice to IZITEQ’s right to take further legal action and/or its entitlement to compensation.
13.4 IZITEQ points out that the End User cannot invoke the statutory cooling off period of 14 days (article 6:230o of the Dutch Civil Code) because IZITEQ provides the izi.TRAVEL Service immediately with the consent of the End User (as mentioned article 6:230p section d subsection 1 of the Dutch Civil Code).
13.5 In the event of termination for cause (“ontbinding”) of the agreement for the use of the izi.TRAVEL Service, no reversal will take place of that which IZITEQ has already delivered and/or performed and the End User has paid. Where applicable, amounts invoiced by IZITEQ before the termination in connection with that which IZITEQ has already properly performed or delivered in the implementation of the agreement will continue to be owed with due observance of the provision in the preceding sentence and will become immediately due and payable in full at the time of the termination.
13.6 Upon termination of the agreement for the use of the izi.TRAVEL Service for any reason whatsoever, the End User’s right to use the izi.TRAVEL Service terminates immediately. Upon termination for any reason whatsoever, IZITEQ will remove the End User’s Account. However, IZITEQ remains entitled to use the Personal Data in accordance with article 9.
14.1 The EU Terms and the use of the izi.TRAVEL Service are subject to Dutch law. The applicability of the Vienna Sales Convention 1980 is expressly excluded.
14.2 To the extent that national or international rules of law do not prescribe mandatory conditions to the contrary, any and all disputes arising from or related to the izi.TRAVEL Service, the Content or the EU Terms will be brought before the competent court in Amsterdam.
14.3 IZITEQ may transfer rights and obligations arising from these EU Terms to third parties and will notify the End User of this. When the End User does not accept the transfer of rights and obligations he may discontinue the use of the izi.TRAVEL Service and terminate his Account.