Terms of use - Mobile app

Last revision: 20-08-2019 – eRoutes is part of Imagine Run BV. Therefore, the terms of use of Imagine Run BV apply to the use of eRoutes.

IMAGINE RUN BV (“IMAGINE RUN” or “IMAGINE”) is the provider of the “eRoutes App” (“App”). The eRoutes App offers routes of the user’s desired distance anywhere in the world. The routes can be navigated at your own pace, walking or running. The eRoutes App accompanies the user in familiar and unfamiliar environments via audio and takes the user back to the starting point. With the eRoutes App the user can virtually participate in running events by indicating the same distance as the event in the app.
These terms of use describe the conditions under which the app and the Subscription may be used.

1. Definitions

1.1. Subscription: the subscription necessary to use the App.
1.2. App: eRoutes app.
1.3. User: the natural person who uses the App in any way.
1.4. Terms of Use: these terms of use.

2. Applicability

2.1. These Terms of Use apply to (the use of) the app and the Services provided with it and the Subscription.
2.2. The Terms of Use also apply to all information, data, images, video and audio clips or other content that is supplied, read or otherwise distributed for the benefit of/or from/in the app
2.3. By using the app (including downloading and installing it), the User accepts these Terms of Use.
2.4. Only these Terms and Conditions of Use apply, regardless of any (previous) reference by the User to his own or other terms and conditions. IMAGINE expressly rejects any terms and conditions that the User may have declared applicable.
2.5. Before the app can be used, the User must read and accept the Privacy Statement separately.
2.6. The Privacy Statement and the Terms and Conditions of Use can also be consulted, downloaded, saved and printed at www.eroutes.com.
2.7. Where the app makes use of the services of third parties, the general terms and conditions and the privacy and/or cookie policy of the third party or parties concerned also apply. IMAGINE is not responsible for the services, the general terms and conditions and the privacy and cookie policy of third party/parties.
2.8. If additional services are purchased via the app and/or if IMAGINE participates in any (promotional) offers, additional terms and conditions of IMAGINE may apply. If and insofar as these additional conditions conflict with the Terms of Use, these additional conditions will prevail.

3. Use

3.1. Users can download the app free of charge from www.eroutes.com, Google Android Market, AppStore and Windows Store.
3.2. After the User has downloaded the app, the User must register via the app. The processing of personal data via the app is subject to IMAGINE’s Privacy Policy and Cookie Policy.
3.3. If the User is younger than 16 years of age, he/she must have the consent of his/her parent(s) or his/her legal representative(s) to use the app. By accepting these Terms and Conditions of Use, the User guarantees that he or she is 16 years of age or older or has the consent of his or her parents or legal representative(s).
3.4. In order to be able to use the app, the User must provide the necessary hardware, system software and (internet) connection at his own expense.
3.5. The responsibility for the responsible use of the applies with the User. In the event of any doubt as to the physical health of the User, IMAGINE recommends that a doctor be consulted before using the App. He or she can advise on an exercise plan appropriate to the User’s current condition. Important: Users 40 years of age or older with a history of stroke or heart disease (in the family) or other medical conditions or health problems should always consult a physician(s) for exercise advice.

4. Right of Use

4.1. By downloading the app, the User acquires a non-exclusive, non-transferable, personal and revocable right to use the app for noncommercial use on a smartphone or other portable device.
4.2. IMAGINE does not provide technical support and therefore cannot guarantee that the app will function (faultlessly) on the device.
4.3. The User is not allowed to: distribute and/or make the app available to a third party in any way; connect to a network through which other devices could use this app; disassemble, decompile, or subject the app to reverse engineering.
4.4. The User is not permitted to use the app improperly or in a manner that may be detrimental to IMAGINE.
4.5. Nor may the User remove or bypass any technical features intended to protect the app or have them removed or bypassed.
4.6. The password must be kept strictly confidential by the User. If a password has become known to a third party, the User must change the password immediately or – if he/she is no longer able to log into his/her user account – contact eRoutes via the Website.

5. Termination of right of use

5.1. The right of use is for an indefinite period of time, but the User may terminate the use of the app at any time by uninstalling or uninstalling the app from his/her mobile device.
5.2. IMAGINE has the right to terminate the right of use in writing with immediate effect and without being liable to pay any compensation, including in the event of misuse or unauthorized use of the App. At the time of termination of the right of use, the User will no longer use the App and remove it from his/her mobile device.
5.3. IMAGINE has the right at any time to modify or delete the App, to change or delete data, to restrict the use of the App or to deny the User access to the App in whole or in part, temporarily or permanently.
5.4. IMAGINE may provide an upgrade to the app. The upgrade then qualifies as an app within the meaning of the Terms of Use.
5.5. The User is obliged to ensure that the use of the app and the Subscription does not violate these Terms and Conditions of Use, statutory provisions or the rights of third parties. In addition, when using the app, the User will not in any way cause hindrance or damage, or cause damage to be caused by IMAGINE or third parties, nor use the app in such a way as to disrupt the proper functioning of the Services and/or the app.
5.6. Use of the app is at the User’s own expense and risk.
5.7. IMAGINE is not liable for damage or injury resulting from the use of the app and Services.
5.8. The User indemnifies IMAGINE against all possible claims by third parties as a result of the use of the app and/or the Services. The User will reimburse IMAGINE for all reasonable damage and costs (including but not limited to judicial and extrajudicial costs) that IMAGINE suffers as a result of such claims.
5.9. The User may indicate in the app whether his telephone number or email address may be used by IMAGINE and other companies within IMAGINE to contact the User for offers of similar products and/or services. The User may revoke his/her consent at any time and only via the app. For more information on this, please refer to the Privacy Policy.
5.10. Except in the case of intent or gross negligence, IMAGINE is not liable for any damage of any nature whatsoever relating to the temporary unavailability, incorrect availability or incomplete availability of the app and the (full) functioning of the (mobile) connection of the User, IMAGINE or third parties, as a result of which the Services cannot be provided (in full).

6. Responsibility of IMAGINE

6.1. All intellectual property rights and/or similar rights relating to the (content of the) Services, the app, including the underlying software, images, video, and audio clips, are vested exclusively and exclusively in IMAGINE, its licensors, or the manager of the app.
6.2. The app has been compiled with the greatest possible care. However, IMAGINE cannot guarantee that the app will always be available or work without interruption, errors or defects and that the information provided is complete, correct or up-to-date. IMAGINE makes every effort to ensure that the app functions properly and to solve any problems as soon as possible.
6.3. IMAGINE may (unannounced) temporarily or permanently decommission the app for the User(s), without the User(s) being able to derive any rights from it.
6.4. IMAGINE is not responsible for damages arising from improper use of the Subscription. The User uses the App and the Services at his/her own risk.
6.5. IMAGINE is not responsible for damage caused by the User selecting an unsuitable password for his or her user account or failing to keep the password secure, or for damage caused by a third party for whom the User has enabled access to the Services.

7. Amendments to these Terms of Use

7.1. IMAGINE is entitled to amend or supplement these Terms and Conditions of Use unilaterally from time to time, although the User can always consult the most recent version via the app. The user of the app is advised to check the content of these Terms and Conditions of Use regularly for changes. If there are substantial changes to these Terms of Use, a clear notification will also follow, for example via a banner on this website or notification via the app or by e-mail.
7.2. By continuing to use the app after the Terms of Use have been amended and/or the notification has been made, the User agrees to the applicability of the amended Terms of Use. Any amendments to the Terms and Conditions of Use will take effect within fourteen (14) days of their publication via the app, the website www.eroutes.com or by e-mail, unless another term is explicitly stated.
7.3. If the User does not agree with any changes to these Terms and Conditions of Use, the User must terminate the use of the app. To the extent that amendments to the Terms and Conditions of Use result in material changes to the services to be provided by IMAGINE under the user agreement concluded with the user for the use of the app, the user will be given the opportunity to terminate this user agreement by contacting www.eroutes.com.

8. Final provisions

8.1. If any of the foregoing conditions are or become invalid, this shall not affect the validity of the remaining provisions.
8.2. For all disputes arising from and relating to the App, Services and/or the Subscription, Dutch law shall exclusively apply and the Dutch court shall have jurisdiction, to the exclusion of other (foreign) courts, to take cognizance of a dispute.