IMAGINE RUN BV (“IMAGINE RUN” or “IMAGINE”) is the provider of eRoutes. eRoutes offers routes of the distance desired to run or walk by the user. The routes can be taken at your own pace, walking or running, anywhere in the world. eRoutes guides the user in known and unknown environments via audio (via the download gpx file) and via downloadable routes for printing. It brings the user back to the starting point with a circular route.
1.1. Subscription: the subscription needed for the use of eRoutes.
1.2. eRoutes: the route planner
1.3. User: the natural person who in any given way makes use of eRoutes
2.5. Before eRoutes can be used, the User needs to separately take note of the content of the Privacy Statement and subsequently needs to accept it.
3.1. The User can use eRoutes for free at www.eroutes.nl/planner.
3.3 The User can start with a free trial version of eRoutes which offers three free routes for an indefinite period. This only requires registration of a personal account.
3.4 After the trial version, the User can expand his account with the purchase of a single route, a monthly subscription (can be canceled monthly) or an annual subscription (can be canceled annually).
3.5. The use of the single purchase or subscription is possible immediately after payment and available worldwide.
3.7. In order to make use of eRoutes, the user has to take care at his/her own expense for the necessary equipment, system programs, and (Internet)connection.
3.8. The User uses eRoutes and the Services at his/her own risk. The responsibility for the sensible use of the Applies with the User.
3.9. Further explanation about purchasing a subscription.
To be able to pay a subscription fee, you must provide or provide information about your preferred payment method (for example, credit card, online payment service, a third party or any other payment method made available by IMAGINE RUN) (the “Payment Method”). If you provide your payment information, you authorize us and certain external service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You can switch to a different payment method or update your information by visiting your account at www.eroutes.com. IMAGINE RUN will not refund any money other than set out in these terms and conditions. If your payment service provider determines that your account has been subject to fraudulent transactions as a result of using your payment method for the services, you must contact us immediately at www.eroutes.com.
To gain access to certain functions of the services, you may have to pay a subscription fee. Subscription fees can be paid monthly or annually. All subscription fees must be paid in advance. If members switch from a monthly to an annual subscription, the annual rate will take effect from the following billing date. If you upgrade your subscription or add new service categories to your account, these changes may lead to a new billing date. You agree to pay the subscription fees and other costs that are charged in connection with your IMAGINE RUN account, whether on the basis of a single agreement or on the basis of a subscription. IMAGINE RUN reserves the right to increase the subscription fees and associated tax contributions at any time and after timely prior notice, or to set new fees.
Subscription fees are billed automatically at the start of a monthly or annual installment, as applicable. These costs are automatically renewed until your subscription has been changed or canceled. Your membership costs are the same as your initial costs unless you have been informed otherwise in advance. You can cancel your IMAGINE RUN membership at any time in the following way.
If you live outside the United States, you may be entitled to a cooling-off period of fourteen (14) days (the “Cooling Off Period”) and a full refund of the amount you paid, provided that you have not registered with the services and has not used it as an IMAGINE RUN member during the cooling-off period.
Cancellation of IMAGINE RUN membership.
If you have registered for IMAGINE RUN, you can cancel your subscription by going to your account page or by contacting us at www.eroutes.com. Cancellation of a subscription takes effect at the end of your current billing period. If your IMAGINE RUN membership ends, your account will continue to exist and become a free membership. You can renew your subscription at any time without opening a new account. However, it is possible that the IMAGINE RUN subscription costs have been increased in the meantime. You can delete your account at any time.
4. User rights
4.1. By using eRoutes the User obtains a non-exclusive, non-transferable, personal and revocable right for the non-commercial use of eRoutes on a smartwatch or another portable device.
4.2. IMAGINE does not offer technical assistance and can therefore not guarantee that eRoutes will function flawlessly on the device.
4.3. The User is not allowed in any way, shape or form to distribute eRoutes or make eRoutes available to third parties, to connect eRoutes to a network enabling other devices to use eRoutes, to disassemble or decompile eRoutes or subject eRoutes to reverse engineering.
4.4. The User is not allowed to use eRoutes in an improper manner or in a manner that may adversely affect IMAGINE.
4.5. The User is also not allowed to remove, have removed, to circumvent or to have circumvented the technical provisions meant to protect eRoutes.
4.6. The User needs to treat the password on a strictly confidential basis. In case the password becomes known to a third party, the User has to change the password immediately or – in case he/she can not access his/her user account – has to contact IMAGINE via the website.
5. Termination of User rights
5.1. User rights apply indefinitely, but the User can terminate the use of eRoutes at any given moment by canceling the monthly or yearly subscription.
5.2. IMAGINE has the right to terminate the user rights with immediate effect in writing without being liable to pay any compensation in case of – amongst others – abuse or unauthorized use of eRoutes. At the moment of termination of the user rights, the User will no longer use eRoutes and will remove his/her account.
5.3. IMAGINE has the right at all times to adapt eRoutes, to change data, to limit the use of eRoutes or to partially, temporarily or completely deny the User access to eRoutes.
5.6. The use of eRoutes is for the own account and risk of the User.
5.7. IMAGINE is not liable for damage or injury resulting from the use of eRoutes and the services.
5.8. The User safeguards IMAGINE for all possible claims from third parties as a result of the use of eRoutes and/or the services. The User will pay for any reasonable damages and expenses (including but not limited to (extra)judicial costs) IMAGINE suffers as a result of such claims.
5.10. Except in the case of intent or gross negligence, IMAGINE is not liable for damages in any way, shape or form for temporary no, no correct or not complete availability of eRoutes and the not (fully) functioning of the (mobile) connection of the User, of IMAGINE or of third parties, as a result of which the services cannot be (completely) provided.
6. Responsibility of IMAGINE
6.1. All intellectual property rights and/or similar rights concerning the (content of the) Services, eRoutes, including the software behind it, images and video- and sound fragments are solely and exclusively vested with IMAGINE, or her licensors or the administrator of the eRoutes.
6.2. eRoutes has been built with the largest possible care. However IMAGINE cannot guarantee that eRoutes will always work without interruptions, errors or defects and that the information provided is always complete, correct and up to date. IMAGINE is committed to providing a well-functioning eRoutes and to solve any possible problem as quick as possible.
6.3. IMAGINE can put eRoutes temporarily or permanently out of order for the User(s), (without any notice) and without the User(s) being able to derive any rights.
6.4. IMAGINE is not responsible for any damages resulting from improper use of the Subscription. The User uses eRoutes and the Services at his/her own risk.
6.5. IMAGINE is not responsible for any damages resulting from the User having chosen an unsuitable password for the user account, or from unsafe saving of the password, or for any damages caused by a third party for who the User has enabled access to the services.
8. Final provisions
8.1. In case one or some of the aforementioned stipulations are or will be invalid, the validity of the other stipulations is not affected.
8.2. Dutch law exclusively applies to all disputes resulting from or in connection with eRoutes, the Services and/or the Subscription. With the exclusion of other (foreign) courts, the Dutch court has the jurisdiction to take note of a dispute.