Terms & Conditions

BIKE CITIZENS TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“EULA”)

Dated and applicable from October 1st 2017.

The following terms of Service and end user license agreement (“Agreement”) constitute a binding legal Agreement between you and Bike Citizens Mobile Solutions GmbH, trading as Bike Citizens, and/or its affiliates and subsidiaries (“Bike Citizens”, “Us”, “We” or “Our”). This Agreement governs your use of the Bike Citizens or BikeNatureGuide application (“App”) with respect to all product versions and version updates until further notice, as defined herein below (together, the “Service”) and the Software enabling the use thereof (the “Software”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SERVICE OR SOFTWARE.
Your use of the Service or Software is also subject to the terms of use and privacy policy found at http://www.bikecitizens.net (the “Site”). In the event of conflict between the said terms and conditions and this Agreement, the provisions of this Agreement shall control.
THE SOFTWARE IS LICENSED, NOT SOLD. If you do not accept the terms of this Agreement do not install, use or access the Service or Software.

General terms of use

You agree to use the Service or Software for your personal use and accept that such use is entirely at your own risk. You agree not to transfer or resell the Service or Software, in whole or in part, to any third party, or allow unauthorized access to the Service or Software, by any third party.

Changes

We reserve the right to modify the terms of this Agreement in our sole discretion from time to time and at any time, with or without a release of a new version of the Software. We may notify you electronically, for example, by presenting a banner on the Service when we have amended this Agreement or the privacy policy so that you may access and review the changes prior to your continued use of the Service. You may choose to accept or decline the change. By continuing to use the Service, you are deemed to accept that change. Bike Citizens reserves the right without prior notice for any reason to change the content, design or layout of the App or to discontinue some or all of the functionality of the Software or Service at any time, or to deny you access to same especially for a violation of the terms of this Agreement.

Access

Our Software and Service are provided on an “AS IS” and “AS AVAILABLE” basis and are only available to individuals who are legally capable and legally permitted to access and use them. You are responsible for obtaining, maintaining, and ensuring the compatibility of any device, equipment or other services needed to connect to or access the Site and Services.

License

Subject to this Agreement and your compliance hereof, Bike Citizens hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Software for your personal use on the mobile product that you own or control. The Software is being licensed to you and is not being sold to you. You hereby acknowledge that no title or ownership in the Software is being transferred or assigned to you.

The term of your license under this Agreement shall commence on the date of your acceptance and installation or an otherwise use of the Software or Services. Your license(s) shall end on either your disposal of the Software or termination of this Agreement. Your license terminates immediately if you violate any provision of this Agreement.
Bike Citizens retains all right, title and interest in and to the Software and Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, whether registered or not and all applications thereof. The Software and Service are protected by applicable laws and treaties throughout the world. You may not copy, modify, reproduce, publish, distribute, license, rent, lease, sell, lend, transfer rights to or otherwise commercialise, in whole or in part, in any manner, the Software or Service or any information associated with same, without our prior written consent. All rights not expressly granted to you herein are reserved by Bike Citizens.

You may not use the Software or Service in any manner that could impair the rights of Bike Citizens or others in any way or interfere with any party’s use or enjoyment of the Software or Service including but not limited to attempting to circumvent any technical protection measures used in connection with the Software of Service. You agree not to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software.

You must use the Software and Service only in accordance with all applicable laws and regulations.

Privacy

Any information you provide in using the Software or Service will be used in accordance with our privacy policy which may be viewed on the site. Amendments to this privacy policy will be posted on the site and will be effective when posted. Your continued use of the Service or Software following the posting of any amendment, modification or change to this privacy policy shall constitute your acceptance thereof.

Global Positioning System (GPS) tracking

The App and Service contain features that rely upon device-based location information. The App will allow you to capture, track and record certain time and location data (collectively, the “Information”). To provide such features, you consent to the collection, use, transmission, processing and maintenance of your location data when using the App, including the real-time geographic location of the device used to access the App. Such information may include, but is not limited to your device identification, device type and real-time geographic location of your Device at time of use. At any time you may disable or turn off the tracking features of the App. By doing so you may use GPS functionality without sharing any of your location data with our servers. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other information displayed by the Service or the Software including the App.

INTELLECTUAL PROPERTY

‘Bike Citizens’, ‘BikeNatureGuide’, the logos and all other trademarks, Service marks, icons and logos used in connection with the Service and Software including the Apps are trademarks or registered trademarks (collectively “the Marks”) of Bike Citizens Mobile Solutions GmbH, Bike Citizens. The Marks may not be copied, imitated or used, in whole or in part, without our prior written permission. All text, graphics, designs, logos, icons, images, audio and video clips, data compilations and information contained in the Service and Software is owned or controlled by Bike Citizens, its licensors or its content suppliers and is protected by Austrian and international copyright laws. Maps data is provided by the OpenStreetMap project as open data under the Open Data Commons Open Database License (ODbL). All intellectual property rights of any nature, including all applications, renewals, extensions and restorations, in the Service and the Apps, including all the overall appearance which is Bike Citizens sole and exclusive property, are protected by copyright, trademark, patent, trade secret, international treaties, laws and/or other proprietary rights. You may not adapt, translate, modify, prepare derivative works from, disassemble, decompile, reverse-engineer, or otherwise attempt to derive source code from the Software or the Service and you will not remove, obscure or alter Bike Citizens copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by these Service or Software.

DISCLAIMER

BikeCityGuide makes no guarantee that Service or Software is suitable for your intended use, error-free, reliable, timely, reliable, entirely secure, virus-free or available. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. USE IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THIS SOFTWARE. THE SERVICE AND SOFTWARE ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE COMPATIBLE WITH YOUR DEVICE OR THAT THEY SHALL BE PROVIDED WITH SIMILAR FEATURES OR FUNCTIONALITY (2) THE SERVICE SHALL BE PERFORMED BY BIKECITYGUIDE IN A MANNER WHICH IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTIONS RESULTING FROM OR ARISING OUT OF (I) THE SERVICE OR SOFTWARE (II) THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE (III) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE SERVICE OR SOFTWARE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR SOFTWARE, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS (VI) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT CONTAINED IN THE SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE WHICH ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR STATUTORY RIGHTS REMAIN UNAFFECTED.

Indemnity

You agree to defend and indemnify BikeCityGuide from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Service or Software or otherwise from your violation of this Agreement.
Severance and Waiver

In the event any provision of these Terms is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired. In such event, you agree that any such invalid provision shall be validly reformed by the court to as near as possible to the original intent of the provision, and if not reformable, shall be severed and deleted from these Terms.

Conflicting Provisions

In the event of conflict between our Terms of Use and this Agreement, this Agreement shall control.

Termination

This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you shall cease all use of the Service and Software and delete or destroy all copies of the App from your device. In the event of the termination of this Agreement, where a breach by you is involved, you shall pay to BikeCityGuide all fees (including lawyers’ fees and costs) and related expenses expended or incurred by BikeCityGuide in the enforcement of its rights hereunder.

Governing Law & Language

This Agreement shall be governed by and construed in accordance with the laws of Austria without regard to the conflict of laws provisions thereof. Austrian courts will have exclusive jurisdiction over any claim arising from, or related to, this Agreement although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. These Terms are drafted in the English language and if translated into another language the English version shall prevail.

CONTACT US

If you have a concern regarding this Agreement, please contact us by email at info@bikecitizens.net

Bike Citizens Shop – Terms and Conditions

Please read these Terms and Conditions carefully. By using the website getfinn.com and/or by placing an order, you agree to be bound by these Terms and Conditions (“Terms”) which constitute a legally binding agreement between you and Bike Citizens Mobile Solutions GmbH (“We”, “Us” or “Our”). These Terms apply to your use of this website (the “Site”) and the products we offer. If you do not agree with these Terms you may not use this Site and must discontinue use and exit immediately.

Eligible Use

You may use this Site and/or place an order only if you are legally capable and legally permitted to do so. To place an order you must be at least 18 years of age and if younger, you must obtain the prior permission of your parent or legal guardian. It is your responsibility to ensure that your use of the Site and/or Services complies with all applicable laws.

Placing orders

All orders are subject to availability. All prices are quoted in Euros (€) and include Value Added Tax (VAT). Unless otherwise indicated, the prices on this website exclude, where applicable, import duties, postage, packaging, shipping and handling. Prices and product availability are subject to change without prior notice. Prices may be changed up to the time of delivery.
To place an order you must provide your name and current email, billing and delivery address. You must ensure that you provide accurate, complete and correct information including complete billing and delivery information. By placing an order, you represent and warrant that you will be able to accept delivery of the product(s) at your specified delivery address.
We will confirm receipt of your order when received. Orders will be processed within 48 hours from receipt. Your order constitutes a contractual offer for us to sell and supply the product(s) to you. A contract will come into force between you and us in accordance with these Terms when we accept your order and the products are dispatched to the address you provide.

Payment

You agree to pay for the product(s) you order. Acceptable payment methods are indicated on this website. We may withhold the product(s) and/or cancel the contract between us if full payment is not received from you. You are responsible for any applicable bank, transfer or payment service provider charges.

Delivery of Products

Delivery will be by post or courier within 30 days of the Shipping Confirmation (subject to any events that are beyond our reasonable control). Ordered products shall be delivered to the address you specify as the delivery address. Please ensure this is complete and accurate. If paying by Paypal, the delivery address should be the registered PayPal account address.
We use best efforts to ensure delivery in a timely manner. Delivery method will depend on the dispatch address. We shall keep you informed as to delivery status. However, we cannot guarantee delivery by a specific date and delivery time shall not be essential to these Terms. If you do not accept delivery of the product(s) or provide incomplete or incorrect delivery instructions, we may cancel your order and retain the product(s) in which case you will remain liable for delivery and other incurred charges.

Shipping and Handling
All parcels are sent via post or courier. Costs per order are:
Europe: Standard EU – Free shipping
Rest of the world: Standard International – Euro 3,–

Cancellation, Replacements & Refunds

You may cancel your order any time before they are dispatched to you. You may also cancel your order up to 14 working days after delivery of your product(s).
If you wish to cancel an order you must:
Notify us in writing by emailing info@bikecitizens.net, return the product(s) to us within 30 days of receipt, in the same condition as delivered to you. This means the product(s) must be returned in its original packaging and must not have been damaged, soiled, used or altered by you.
If you wish to cancel your order after the 14 day period described above, you must email us a photo of the product(s) and explain why you would like a refund. Such refunds shall be subject to our discretion.

All returns must be sent to:

Bike Citizens Mobile Solutions GmbH GmbH
Kinkgasse 7
8020 Graz
Austria

Once the above procedure is followed we will provide a full refund to you including the outbound delivery cost to you. Products must be returned at your expense.

Prohibited Use

You agree not to do any of the following which strictly prohibited:

  • provide any information that is false, misleading, inaccurate, or incomplete upon placing an order,
  • interfere with the enjoyment of others of this website,
  • copy, adapt, modify, alter, port, reverse engineer, decompile, or disassemble, frame any portion of this website,
  • disrupt or interfere with the operation of or the servers or networks that host this website,
  • use bots, spiders or other automatic device, process or method to access this website,
  • data-mine, collect or harvest information or data about users of this website without their express consent,
  • use this Site for any illegal, unlawful or unauthorized purposes.

We reserve the right to suspend or terminate your access to this website for any reason at any time but especially for violation of the above and these Terms as a whole.

Your Data

Any information you provide to us will be used in accordance with our Privacy Policy which may be viewed on our website.

Force majeure

We shall not be responsible for our failure to perform or any delay in performance of any obligation by us hereunder due to events beyond our control, including but not limited to labour disturbances, accidents, fires, floods, earthquakes, telecommunications or internet failures, strikes, blocking of means of transport or supply, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond our reasonable control. The time for performance shall be extended by the period of such delay. We shall take all reasonable steps to mitigate the effects of the any force majeure event.

Trademarks & Intellectual Property

‘Finn’, the Bike Citizens logo, the Bike Citizens brand and all other trademarks, service marks, graphics and logos used in connection with this website are trademarks or registered trademarks of Bike Citizens Mobile Solutions GmbH or its subsidiaries (collectively the “Marks”). The Marks may not be copied, imitated or used, in whole or in part, without our prior written permission. All text, graphics, designs, logos, icons, images, audio and video clips, data compilations and information contained on this website is owned or controlled by Bike Citizens Mobile Solutions GmbH and is protected by Austrian and international copyright laws. For the avoidance of doubt, all rights in GetFinn.com are owned by us. All rights reserved.

Disclaimer & Liability

We make no guarantee that this website is suitable for your intended use, error-free, reliable, timely, reliable, entirely secure, virus-free or available.
We will do our best to get all orders dispatched as quickly as possible. We have no liability to you for any delay in the delivery of any product(s) ordered by you.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THIS WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THIS WEBSITE.
YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OR RELATED TO THE USE OF THIS WEBSITE, THESE TERMS OR THE PRODUCTS WE OFFER, INCLUDING BUT NOT LIMITED TO, DAMAGE TO PROPERTY, LOST INCOME, LOST PROFITS, ECONOMIC OR COMMERCIAL LOSSES AND THIRD PARTY CLAIMS.

Our aggregate liability to you under the terms of sale will not exceed the greater of the total amount paid or payable by you to us under these Terms. Your statutory rights shall not be affected.

No Third Parties

We offer products on this website for sale to persons dealing as consumers only. Products may not be resold without our prior written approval. No contractual rights shall be conferred on third parties. Your statutory rights shall not be affected.

Indemnity

By using this website you hereby indemnify and hold us (our parents, subsidiaries, affiliates, directors, officers and employees) harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, that arise from or relate to your use or misuse of, or access to this website or otherwise from your breach of these Terms. This indemnification obligation will survive these Terms.

Assignment

You may not assign, change or dispose of these Terms or your obligations under these Terms without our express written prior consent. We reserve the right to assign, transfer, subcontract, charge and otherwise dispose these Terms or any or all of our rights and obligations under these Terms.

Changes

We reserve the right to modify these Terms at any time in our sole discretion by posting the updated Terms on this website. Please check this space regularly for any such changes. You shall be responsible for reviewing and becoming familiar with any such changes. Continued use of this website constitutes your acceptance of these Terms as updated. The Terms posted on this website as at the date you place your order will govern your order request.

Severance and Waiver

In the event any provision of these Terms is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired. In such event, you agree that any such invalid provision shall be validly reformed by the court to as near as possible to the original intent of the provision, and if not reformable, shall be severed and deleted from these Terms.

Governing Law & Language

This Agreement shall be governed by and construed in accordance with the laws of Austria without regard to the conflict of laws provisions thereof. Any dispute between us will be resolved exclusively in the Courts of Austria. These Terms are drafted in the English language and if translated into another language the English version shall prevail.

Contact Us

If you have any questions or comments, please contact us at info@bikecitizens.net
 
Date: October 1st 2017