The Terms & Conditions of Usage of City App Tour

The Services of are offered as Software-as-a-Service. Terms & Conditions of Usage are linked to the use of Services and Digital products. To use the Services and Digital products, you must agree with these conditions. Deviating from these Terms & Conditions of Usage is binding only if the Provider has accepted this in writing.

Article 1 - Definitions
● Provider: registered in the Chamber of Commerce under number 87895013.
● GDPR: General Data Protection Regulation.
● App: The mobile application for taking digital city tours of the Provider.
● Manager: A User with administrator rights who is appointed by the Provider as a Manager of the Administrator Portal by means of his/her own account.
● Administrator Portal: The dashboard environment of the Provider in which the Manager(s) can control all the settings and statistics.
● Services: The Provider provides a mobile application for taking digital city tours using the Software-as-a-Service, further specified in Article 2 of the Terms & Conditions for Usage.
● Digital products: The city tour with digital guide, which is operated by means of a mobile application.
● Third parties: Parties other than the Provider, Customer and Users.
● End User: The actual (natural) person who uses the Services and/or is logged in as a User of the Services.
● User(s): The actual (natural) person who uses the Services. This is both the End User and the Manager.
● Terms & Conditions for Usage: these conditions.
● Underlying Agreement: the agreement concluded between the Provider and Customer with regard to purchasing the Services (purchase confirmation).
● In writing: In Writing also includes in these Terms & Conditions for Usage communications by e-mail or via the Services, as long as the identity of the sender and the integrity of the message is sufficiently established and the integrity of the message is not affected.

Article 2 - Description of the Services and Digital products

  1. The Services and Digital products of the Provider:
    ▪ An App for taking a digital city tour
  2. The Digital products of the Provider:
    ▪ The content of the digital city tour
  3. The Services are supplied by the Provider upon the joint or individual order of End User.

Article 3 - Usage

  1. The End User can download the App for free from the Google Play Store and the Apple Appstore.
  2. Once the End User has downloaded the App, the End User must register via the App or login using the login data.
  3. The purchased digital city tour via the website of the Provider or purchases via partners can be retrieved via a QR Code or a link in the purchase confirmation. The purchased product can be used immediately via the App.
  4. In order to use the App, the End User must make sure that he/she has their own necessary devices, system programme and internet connection (at one's own expense).
  5. The Provider grants the End User a non-exclusive user right for the mobile application.
  6. The Customer and End User is not permitted to license the Services to other people or to make the Services available to Third Parties by means of leasing, Software-as-a-Service constructions or any other means.
  7. The End User is free to use the Services in any way he/she wishes within the limitations of these Terms & Conditions for Usage and the law.
  8. The usage right for the Digital product expires:
    ▪ due to the fact that the Underlying Agreement expires;
    ▪ 24 hours after activating the Digital product, ultimately 30 days after purchasing the product.
  9. The usage right for the Services expires:
    ▪ due to the fact that the Underlying Agreement expires;
    ▪ by means of a written notice from the User to the Manager that he/she no longer wishes to use the Services;
    ▪ by deactivating or removing the User account by the User;
    ▪ by deactivating or removing the User account by the Provider; and
    ▪ because the User is no longer connected to the Provider.

Article 4 - Registration

  1. The End User registers on the website and/or the mobile application of the Provider.
  2. Following the registration, the End User is personally responsible for further setting up and commissioning the Services.
  3. The Provider assumes that when Services are used, these actions are taken by an End User who has registered.
  4. The End User knows that the use and possible misuse of his/her login details are on the account and risk of the end user. End Users are advised to keep their login details as secretely as possible. If an End User gives his/her login details to a third party, the End User is fully liable for potential consequences of this.
  5. If an End User suspects that his/her login details have fallen into the hands of an unauthorized person, the End User must change his/her password as soon as possible or to notify the Provider of this so that the Provider can take the appropriate measures.
  6. In case an End User breaches the Terms & Conditions of Usage, the Provider can deactivate or remove the account.
  7. At the time when the usage right ends (or is ended), the account of the End User is removed. From that moment on, the End User no longer has access to the Services. Ultimately after 12 months, the details of the End Users will be destroyed by the Provider.

Article 5 - Usage Rules

  1. It is forbidden to use the Services for operations that infringe upon Dutch law or other applicable legislation and regulations. This includes, among others, storing or spreading via these Services, information that is defamatory, harassing or racist.
  2. In particular, it is forbidden to use the Services for spreading documents that are in violation of relevant copyright laws. It is also explicitly forbidden to publish the login details of accounts or download codes of documents. In case of a business account, the latter prohibition does not apply to colleagues.
  3. If the Provider or Manager ascertain that an End User breaches the aforementioned conditions, or a complaint has been received on this matter, the Provider or Manager shall warn the End User. If this does not result in an acceptable solution, the Provider or Manager can intervene in order to end the breach. In urgent or severe cases, the Provider can intervene without a warning.
  4. If in the assessment of the Provider, hindrance or damage or another form of danger occurs with regard to the functioning of the computer system or the network of the Provider, End Users or Third Parties and/or of the services via the internet, in particular due to excessive sending of e-mails or other data, leaks of personal data or activities related to viruses, trojans and similar software, the Provider is authorized to take all measures that are reasonably necessary to avert or prevent this danger.
  5. The Provider is entitled at all times to submit a declaration of detected criminal offences.
  6. The Provider can recoup the damage resulting from violations of these conduct rules from the End User. The End User indemnifies the Provider of any liabilities of Third Parties related to the damage as a result of infringing this user rules.

Article 6 - Intellectual property
The Services, the related application as well as all information, translations, tradename, logos and illustrations on the website(s) with regard to«CompanyShortName», is the intellectual property of the Provider. These may not be copied in any way or used without the separate written consent of the Provider, except in cases where this is legally permitted.

Article 7 - Confidentiality

  1. The Provider and End Users shall use the information that they exchange with each other through the use of the Services in a confidential manner, if this information is marked as confidential or if the receiving party knows or should in all reasonableness suspect that the information was meant to be confidential.
  2. The Provider shall not examine the private data that the End User has stored and/or has spread through the use of the Services, unless this is necessary for providing good service or the Provider is obliged to do so pursuant to a legal provision or by court order. In that case, the Provider shall try to limit the examination of the data as much as possible for as far as it is in his power to do so.

Article 8 - Privacy and security

  1. The Services process personal data. The processed personal data falls under the GDPR. This personal data will be processed in compliance with the privacy & cookies statements of the Services found on the website:
  2. The Provider shall ensure an appropriate security level, considering the risks involved in the processing and the nature of the protected personal data. However, this will occur only if and in so far that the personal data is located in the systems or infrastructure of the Provider.
  3. The Provider has established agreements regarding the processing of personal data and the security measures that are taken in a processors agreement. The personal data shall be processed according to this processors agreement.
  4. If the End User, for example based on the GDPR, wishes to inspect, change or remove personal data stored in the systems of the Provider, then the Provider shall fully cooperate in all reasonableness.
  5.«CompanyShortName» cannot bear any responsibility related to the processing of personal data of End Users by these applications and/or websites. The privacy rules of the applications and/or websites concerned are applicable.

Article 9 - Access and use

  1. offers only the use of the App. is never responsible for and/or never has influence on the execution of the services offered by any advertisers in the App.
  2. All information (translated info), videos, illustrations and numbers on the App are subject to spelling and typing errors.
  3. All data, which indicate to be necessary or which the End User should reasonably understand is necessary for access and/or for the use of the«CompanyShortName» App, are provided by the End User to«CompanyShortName» well in time.
  4. is not liable for damage, regardless of its nature, that occurs because has assumed data supplied by the End User and which turned out to be incorrect and/or incomplete, unless this incorrectness or incompleteness was known to

Article 10 - Support and maintenance

  1. The Provider make all efforts to keep the Services continuously available.
  2. The Provider shall provide a reasonable level of security via the website and/or e-mail (or via other channels that will be disclosed to the End User). However, the Provider cannot provide any guarantee that all the problems sent or requests made by the End User will be handled.
  3. The Provide actively maintains the Services. If the expected maintenance leads to limited availability, then the Provider shall execute this if the use of the Service is relatively low. If possible, maintenance will be announced in advance. However, maintenance related to incidents can happen at any moment and will not be announced in advance.
  4. The Provider may adjust the functionality of the Services from time to time. In that case, feedback and suggestions are welcome, but ultimately the Provider will be the one to decide which adjustment will be implemented.

Article 11 - Guarantees and liability

  1. The Provider makes every effort to have the Services run undisturbed and flawlessly. However, there are no guarantees for this. The Provider shall do his best to investigate any reported defects to the Services as soon as possible (or have these investigated) and to repair these (or have these repaired) or to find a workaround for the problem. The Provider may delay the repair of defects with limited impact until the next planned update.
  2. The End User is aware that the Service depends on a stable internet connection at the location where the End User wishes to use the Services. The Provider cannot exercise any influence on the internet connection, network or the device of the End User. The End User is responsible for the maintenance of the internet connection, network and device.
  3. Users accounts in the Services are used at the user's own risk. The Provider is not liable for any adverse consequences from the authorized or unauthorized use of the account and/or password.
  4. The Provider is not responsible for the generated and shared content by End Users when using the Services, including messages in linked social media accounts.
  5. The Provider is not responsible or liable for the content, changes, updates of and for links in websites and services of Third Parties. The Provider provides the links and access to websites and services of Third Parties only for the convenience of the End User.
  6. Except in case of intent or wilful recklessness, the Provider is not liable, on any grounds whatsoever, for any damage related to the Services (including the loss of data). Any compensation is limited to the sum that the Customer has paid in the three months preceding the moment of the event that caused damage, unless imperative law prescribes otherwise.
  7. The condition for entitlement to damage compensation is always that the End User reports the damage In Writing to the Provider as soon as possible, yet ultimately within thirty (30) days after the damage occured.
  8. The Provider is explicitly not liable for indirect damage, consequential damage, lost profit, missed savings and damage as a result of business interruption.
  9. In case of force majeure, the Provider can never be held liable for compensation for damage occuring to the End User due to force majeure. Force majeur applies, among other things, to disturbances or failure of the internet, telecommunication-infrastructure, power cuts, domestic disturbances, mobilization, war, obstruction in transport, strikes, closures, industrial disturbances, delay in supply, fire and floods.

Article 12 - Fee for the Services
There is a fee related to the use of the Digital Products and this is specified in the Underlying Agreement.

Article 13 - Length and changes in the Terms & Conditions for Usage

  1. The Terms & Conditions for Usage apply as long as the End User uses the Services.
  2. The Provider may change the Terms & Conditions for Usage at any time. The Provider shall notify of any changes or amendments so that the Customer and End Users can examine these.
  3. Using the Services after the date that changes/amendments come into effect is considered acceptation of the changed/amended conditions.

Article 14 - Other provisions

  1. Dutch law applied to the Terms & Conditions for Usage.
  2. Unless otherwise stipulated by the rules of imperative law, all disputes related to the Services are submitted to the competent Dutch court of the district in which the Provider is located.
  3. The version of communication or information as stored by the Provider is considered the correct one unless the End User provides a rebuttal concerning this.
  4. If a provision in these Terms & Conditions for Usage appears to be void, it shall not affect the validity of the entire Terms & Conditions for Usage.
  5. The Provider is entitled to transfer its rights and obligations specified in the Terms & Conditions for Usage to a third party that takes over the role as Provider or the business activity concerned.