- 1. General
- 2. Applicability, changes and severability
- 3. Code of Conduct JoinApp
- 4. Use of the JoinApp
- 5. JoinAccount
- 6. Liability
- 7. Our Rights
- 8. Intellectual Property
- 9. Medical disclaimer
- 10. Privacy
- 11. Term and termination
- 12. Applicable law and disputes
- 13. Questions, more information or complaints
1.1 These general user terms and conditions (hereinafter: “Terms”) are used by JOIN Sports B.V., a company with limited liability under the laws of the Netherlands with its registered offices in Amsterdam, at (1114BC) MediArena 12, Amsterdam-Duivendrecht, the Netherlands and registered in the trade register of the Chamber of Commerce under registration number 61607258 (hereinafter: “Join” or “we”). These Terms apply to the use of the application for social cycling and training ‘Join’, all further services as performed by Join in connection thereto (hereinafter ”JoinApp”) and the use of an account for the use of JoinApp (hereinafter: “JoinAccount”).
1.2 The JoinApp enables you to enter a social community of cyclists and cycling enthusiasts. We offer you convenient ways to connect with cycling friends, create cycling events, discover new routes and follow a training plan. Within the JoinApp, you have various possibilities to share your passion for cycling by sharing pictures of your latest achievement or uploading a short video. To plan your next challenge, we allow you to create groups of cyclists and to invite them to join you. JoinApp makes cycling social: have fun!
1.4 Join can be reached by e-mail via firstname.lastname@example.org
1.5 The VAT-number of Join is: NL-854411227.
1.6 Should you want to make use of any means of alternative dispute resolution, you may contact Join to this end via email@example.com . For more information on online dispute resolution, please be referred to the ODR-platform of the European Commission.
2. Applicability, changes and severability
2.1 These Terms apply to any use by you of the JoinApp. If you cannot agree to these Terms, you cannot use the JoinApp and you should discontinue using it and remove the JoinApp from your device. By registering for a JoinAccount you explicitly agree to be bound by these Terms. In case you cannot agree to these Terms, you should not register for a JoinAccount.
2.2 We reserve the right to make changes to the JoinApp and these Terms at any time. You will be subject to the Terms in force at the time that you use the JoinApp and have agreed to the new Terms. Not agreeing to new Terms could mean that you are not able to use the JoinApp anymore.
2.3 If any of the provisions within these Terms are deemed invalid, void or for any other reason unenforceable, that provision will be replaced by a provision that is valid and serves the purpose of the earlier provision and respects the purpose of these Terms. The unenforceability of such a provision will not affect the validity and enforceability of any remaining provisions.
3. Code of Conduct JoinApp
3.1 Any conduct by you that in our sole discretion restricts or inhibits any other user from using the JoinApp will not be permitted. You agree to use the JoinApp solely for lawful purposes. You are prohibited from using the JoinApp for any other purpose than making use of the JoinApp as intended by Join.
3.2 You are prohibited from using the JoinApp for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable conduct of any kind, including but not limited to any conduct that would constitute a criminal offense, a breach of intellectual property rights of Join or any third party, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the JoinApp, use of the JoinApp, or access to the JoinApp unless you first obtain our express written consent to do so. You agree that you will not use any deep-link, page-scrape, robot, spider or any other automatic or automated instrument, program, algorithm or methodology or any other similar or equal manual process to gain access to any part of the JoinApp, including but not limited to your JoinAccount, or to acquire, copy and/or store or reproduce such content in any way whatsoever, or to circumnavigate the navigation structure or presentation of the JoinApp in order to obtain information that is not deliberately and easily made available through the JoinApp. We explicitly reserve the right to block any such activity and to suspend or terminate your JoinAccount and refuse you any and all current and future use of the JoinApp or registration for a new JoinAccount.
3.4 You agree not to access the JoinApp by any means other than through the interface that is provided by us for use in accessing the JoinApp, furthermore you agree that you will not access the JoinApp, including any part or element thereof, or any connected systems or networks, nor any of our other servers without proper authorization by hacking, cracking, mining of passwords or any other unlawful means.
3.5 You are not permitted to investigate, scan, test the vulnerability of the JoinApp or any connected network, or to infringe any security or authentication measures implemented on the JoinApp or any connected network. You are not permitted to (reverse) search for information on other users of the JoinApp or any of our customers, including but not limited to any JoinAccount that is not your JoinAccount or to track the source of any such information or to exploit any such information with the purpose to disclose it, including, but not limited to, personal data.
3.6 You agree not to undertake any action that presses an unreasonable or disproportionate burden on the infrastructure of the JoinApp, our systems and/or networks and or any system or network connected with our systems and networks.
4. Use of the JoinApp
4.1 The JoinApp is free to use. JoinApp is optimized for use on smartphones and thin clients operating iOS or Android. The JoinApp is available through the AppStore and Google Play.
4.2 You enter into an agreement with Join when you have downloaded and installed the JoinApp on your device, have accepted these Terms for your use of the JoinApp and created a JoinAccount. Join will only enter into an agreement with you in the English language.
4.3 Join solely allows consumers to use the JoinApp for their own personal purposes. No commercial use of the JoinApp is allowed.
4.5 When you enter into an agreement with Join, such as but not limited to an agreement to use the JoinApp and your JoinAccount but you discover that you have provided us incorrect or undesired information you may at all times cease your registration. When you discover that you have provided us incorrect or undesired information after your registration has taken place or receipt of the confirmation email, please correct such information yourself in your JoinAccount.
4.6 We expressly reserve the right to involve third parties to perform (parts of) any agreement that you enter into with Join, such as but not limited to the storage of data as necessary for the functioning of the JoinApp. Please be hereby informed that the terms and conditions of such third party apply when we informed you of the involvement of such party.
5.1 Creating a JoinAccount is mandatory for your use of the JoinApp.
5.2 You may not create an account unless you are 18 years of age or older. If you are a parent or guardian of a child under 18, then you may create an account and allow your child to access that account and the services under your direct supervision. You will be solely responsible for all access to and use of the Services and that account by your child.
5.3 In consideration of your use of the JoinApp, you represent to us that: (1) you meet any age restrictions for the JoinApp, and (2) information you have provided is true, accurate, current and complete information about yourself as prompted by the JoinAccount registration form for your JoinAccount information.
5.5 You agree to inform us of any unauthorized use of your account information, including but not limited to your password or any other security breach. We explicitly reserve the right to hold you liable for any damage whatsoever resulting from any unauthorized use of your JoinAccount by a third party. The credentials you choose for your JoinAccount are confidential. We expect you to keep these details to yourself and not share them with anyone else, for example to log into your JoinAccount.
6.1 The JoinApp is provided "as is". We do not guarantee the accuracy or completeness of the JoinApp or any information on it or that it is free of defects or viruses.
6.2 We perform all services to you with all reasonable accuracy that may be expected of us, but cannot guarantee that you will always be happy and completely satisfied with the JoinApp.
6.3 Through the JoinApp, you are (inter alia) able to organise cycling events, team up for a challenge and meet new people to cycle with. Please note that Join is, under no circumstances, responsible or liable for any event taking place pursuant to the use of the JoinApp. Always be aware of the fact that discovering routes you do not know or meeting with new people may cause a risk. You are, at all times, responsible for the choices and decisions you make pursuant to the use of the JoinApp.
6.4 While performing sports fits in a healthy lifestyle, you should be aware of possible health risks involved in such. You are at all times responsible for your own health and the decisions you choose to make concerning your health and fitness. Join is, under no circumstances, responsible for your health or physical condition.
6.5 Any liability of Join, whether direct, indirect, immaterial or consequential, including but not limited to loss of profit, resulting from the use of the JoinApp, is excluded to the fullest extent permitted by law, unless such damage is the result of intent or gross negligence on our side.
6.6 We will not be liable to you or to any person for any loss or damage of any kind that may arise from the unauthorized use of the JoinApp and the use of any information contained within the JoinApp. Furthermore we shall not be held liable for any third party information that is linked or otherwise referred to on the JoinApp and that is not maintained and controlled by us.
6.7 We will use reasonable endeavours to ensure that the JoinApp is and stays fully operational. Due to the nature of the Internet, we cannot guarantee that the JoinApp will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the JoinApp is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information.
6.8 We take precautions to protect all (personal) data collected through the JoinApp and via your JoinAccount but in the event that unauthorized third parties infiltrate our system we will not accept any liability for any resulting misuse of the (personal) data.
6.9 The JoinApp may include (hyper)links and other references to third party files, websites and locations. We have not verified the content of such files, websites and locations and therefore only offer the possibility to get further information, if and insofar this is desired by you. A reference to any third party information cannot be considered any recommendation for such information, neither explicit nor implied. We can therefore not give any guarantee for the accessibility or content of such third party files, websites or locations and cannot accept any liability for the operation of such files, websites or locations, nor for any damage, whether direct or indirect, resulting from accessing such files, websites or locations. The sole fact that we have included a reference to any third party website or application does not imply that we endorse its contents.
6.10 Without prejudice to the provisions set out above, we will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the JoinApp.
6.11 From time to rime, Join may issue an update of the JoinApp. Join is, under no circumstances, responsible or liable for consequences of the use of older versions than the most recent version of the JoinApp.
7. Our Rights
7.1 We may elect to electronically monitor areas of the JoinApp and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the JoinApp; or (iii) to protect our rights or (intellectual) property or the rights of our users, customers or suppliers.
7.2 We may terminate your access, limit or suspend your access to all or part of the JoinApp, without notice, among others for any conduct that we, in our sole discretion, believe is in violation of any applicable law, these Terms, or is harmful to the interests of another user, a third-party or us. We may also at any time and without notice limit your access to those parts of the JoinApp or to certain functionality where such access or functionality is, in our sole discretion, not needed by you.
8. Intellectual Property
8.1 We reserve all rights of intellectual and industrial property with respect to the JoinApp, JoinAccount and Join, including but not limited to copyright, trademark rights, trade name rights, database rights and rights to knowhow. We reserve the right to further exploit, improve, test, delete and alter the JoinApp. Nothing in these Terms shall constitute the assignment of any intellectual property from Join to you.
8.2 You are not permitted to remove any mark or sign on intellectual property rights from any of our material or the JoinApp or to reproduce, duplicate or copy any of our material or the JoinApp. Any re-sale of such material is expressly prohibited.
8.3 When using the JoinApp we enable you to upload your own content in your JoinAccount. When you choose to share your content with us, you grant Join a worldwide, non-exclusive, royalty-free, right of use of all content, designs, text, photos, graphics and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all information that you choose to provide to Join or generate through the (use of) JoinApp, Join Account or any other way.
8.4 We reserve the right to use the above mentioned material for purposes of marketing, analysing, storage, reproduction, and any other (commercial) activity, including commercial activity with third parties, as may be necessary to provide you with the best service and to further improve and market the JoinApp and Join in general.
8.5 You are responsible for all text, images and photos that you choose to provide to us. You are to take into account the possibility that such material is copyrighted to third parties, in which case you are responsible for gathering their prior permission to enter their material into the JoinApp and/or a JoinAccount and to make such subject of the performance of our services. You hereby indemnify Join from any claims or allegations from third parties concerning any infringement of copyrights or other intellectual property rights as performed by you or made possible by you.
8.6 In case you infringe or repeatedly infringe the copyrights or other intellectual property rights of Join or other users, we reserve the right to terminate any agreement we have with you and / or deny any access to the Website, JoinApp or your JoinAccount.
8.7 When you feel that your intellectual property rights are violated please inform us of such infringement by providing to us all relevant information we may need to protect your rights.
9. Medical disclaimer
9.1 Any fitness information, evaluation or training advice generated by us should not be considered by you as a replacement for a medical consultation, evaluation or treatment by an appropriately licensed medical practitioner or health services provider. You should (and are urged to) seek the advice of an appropriately qualified medical practitioner in relation to any physical activities that you carry out, and in relation to the use of the JoinApp. Should you have any healthcare related questions, please see or call you physician. No staff of JoinApp are, or purport to be, licensed or registered medical practitioners.
9.2 If you have a pre-existing medical condition, then you should seek professional medical advice prior to making use of the JoinApp.
9.3 Should you have an emergency, call your physician immediately. You should never disregards medical advice or delay in seeking medical advice because of any content presented in the JoinApp, and you should not use our content for diagnosing or treating a health problem.
11. Term and termination
11.1 These Terms are effective until terminated by Join. If you no longer agree to be bound by these Terms, you must cease your use of the JoinApp and can no longer use the JoinApp.
11.2 Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the JoinApp with or without notice. You agree that any termination of your access to the JoinApp may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your JoinAccount and all related information and files in your account and bar any further access to such files, the JoinApp or JoinAccount. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the JoinApp or JoinAccount.
12. Applicable law and disputes
12.1 The laws of the Netherlands exclusively apply to these Terms and all agreements and legal relationships between you and Join, such with the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980).
12.2 Any disputes relating to or arising from the use of the JoinApp will only be submitted to the competent court in the district of Amsterdam, location Amsterdam, the Netherlands.
13. Questions, more information or complaints
13.1 Should you have any further questions, need more information or would want to launder a complaint, please contact Join via e-mail firstname.lastname@example.org or reach us at MediArena 12, 1114 BC Amsterdam – Duivendrecht, 020 589 4000 .