1. TERMS OF SERVICE
Accessing and using the Website, downloading and using the Applications, implies that the User has read, fully accepts and agrees to be bound by these Terms. BudvaTrails may modify these Terms at any time, so we recommend that you review them regularly. The date at the beginning of these Terms indicates the date of the last revision of these Terms, which shall apply from the date of its publication.
Some of the Services may be subject to specific conditions or instructions provided by BudvaTrails or by the third parties that provide them, which will complete or, if they are contrary to the provisions herein, will replace the content of these Terms, and which must be accepted by the User before starting the provision of the corresponding Service.
1.1 PURPOSE OF SERVICES
Through the Services, the User may create, save, publish, share, send, search and download GPS routes and points of interest (hereinafter, the “Tracks and Waypoints“) as well as information and content in relation thereto.
1.2 AUTHORISED USE OF THE WEBSITE
The User is authorised to use the Services only if he/she is a natural person and in accordance with these Terms. The User undertakes to use the Services only for domestic and private purposes. The use of the Services by the Users for any purpose other than their personal use, such as commercial, for-profit or business purposes, is not authorised. Except for those accounts expressly authorized by BudvaTrails for such purposes (such as, but not limited to, the Geopromotion Packs and the BudvaTrails ORG accounts).
The User undertakes not to use the Services in bad faith, in a negligent manner, for fraudulent purposes or with the purpose of infringing the Law. Likewise, the User undertakes not to engage in any conduct that may damage the image, interests and rights of BudvaTrails or third parties.
The User understands that the Platforms and the Services should not be relied upon in any life or death situation. The User also understands and accepts the risks associated with voluntarily allowing others to view your location in real time while using the Live Tracking functionality, in accordance with section 2.1 of these Terms.
The User will not interfere with the functioning of the Website, the Applications or the Services and in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website, the Applications or the Services, which may impact the security of the Website, the Applications or the Services or which may in any way interfere with the Services offered by BudvaTrails. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website, the Applications or the Services in anyway which is contrary to the ordinary and personal use of the Website without the express prior authorization from BudvaTrails, or unjustifiably harm BudvaTrails’s interests, without BudvaTrails’s prior express authorization. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website or the Applications (including User Content, as defined below) by any means or techniques other than those which are customary or those expressly authorized by BudvaTrails.
n any case, the use of the Services through the Platforms by a User is presumed to be abusive and unauthorized when (i) the use of a specific service is higher than the use made by 99% of the Users in a specific period and (ii) BudvaTrails considers that it may affect the quality or security of the service for the other Users. BudvaTrails will proceed to block the access to Users who make an abusive or unauthorised use. The possibility of blocking malicious Users is the only way to ensure that BudvaTrails offers a reliable Service to all legitimate Users.
It is the responsibility of the User to verify, prior to use, that the Services are suitable for his or her needs.
In order to use certain Services, the User must register by creating a username and password and activating an account. To this end the User must provide a valid email address at which the User will receive notifications related to the Services.
The User agrees to provide the mandatory information which is required for registration and also acknowledges that such information is true, complete and up to date. It is the User’s responsibility to keep such information updated. Should the User provide false, outdated or incomplete information, or should BudvaTrails have reason to suspect as such, BudvaTrails reserves the right to suspend or cancel the User’s account.
The User must protect and keep confidential the account password without disclosing it to third parties. The User must not allow other Users access through the User’s account nor use the account of another User.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he should immediately inform BudvaTrails.
BudvaTrails may suspend or cancel the account of the User if it considers that the User has not adhered to these Terms.
1.4 CONTENT-RELATED RULES
The Services allow Users to:
- Create, save or share their Tracks and Waypoints through the Website or the Applications and allow others to follow their tracks and access their location on a map.
- Save and publish photos, videos or additional information related to the Tracks and Waypoints either through the Website or the Applications or with links to a third-party such as Panoramio (“Photos and Videos“).
- Express opinions and comments on Tracks and Waypoints in the Forum(“Comments“).
By publishing Tracks and Waypoints, Photos and Videos, Comments or any other information or content (“User Content“), the User agrees to be bound by the following rules:
- The User Content must be relevant, without infringing the rights of third parties, the law, or public order and must comply with these Terms. The Users must take into consideration that through the Services he/she may publish User Content in a public forum and thus take responsibility for content saved and published through the Website and the Applications.
- The User must be the owner of the intellectual property rights of the shared User Content whether by being the author, original owner or by holding the relevant rights.
- Where User Content contains the image, voice or name of another person, or any other confidential or private information, the person in question must have provided authorization to publish such Content.
- The User Content must not include advertising or promotional material, nor be used to disseminate advertising or for profit, except in those cases where BudvaTrails specifically authorises such use, such as, but not limited to, the Geopromotion Packs and the BudvaTrails ORG accounts.
- The User’s Content must be free from viruses, worms or any kind of code of a destructive nature.
- The User Content must comply with the conditions and technical requirements established from time to time by BudvaTrails.
Without limitation, the User undertakes that the User Content shall comply with the BudvaTrails Principles and Good Practices, specifically regarding the respect to the general or third party property, rights and interests. In this regard, it must be highlighted the need to respect private property rights and to avoid accessing and tracking through third party properties which may infringe rights or cause damages to third parties.
BudvaTrails only hosts the User Content. Consequently, BudvaTrails does not edit, select, screen, examine, control, guarantee, approve or identify with the User’s Content, in particular and without limitation, BudvaTrails does not guarantee that the User’s Content is accurate, current, legal, suitable for a specific purpose or Users or that it does not breach any applicable law or infringe any third party’s rights, being the responsibility of the User to ensure that its use does not entail a risk or the performance of an illegal activity. In particular, in accordance with the regulations applicable to information society service providers, BudvaTrails, as a provider of information society services through the Platforms, neither supervises the User’s Content nor can it judge the contents included therein. If you have any queries regarding the User Content or believe that it infringes any rights, does not comply with these Terms or is inappropriate, you may do so as follows:
- If your enquiry relates to a Track or Waypoint, we advise that you use the options available within the Website to contact the author of the relevant Track or Waypoint. The author is the owner and the only person responsible of the User Content and therefore it is the author who must assess your request in relation to a Track or Waypoint. In any case, you can directly include a comment on the route with the data and clarifications you consider relevant that will have the same dissemination as the route itself alerting any potential user of the appropriate issues; and
- In all other cases, by contacting BudvaTrails at the email address indicated at the end of these Terms.
Notwithstanding the fact that BudvaTrails is not under an obligated to supervise the User Content, BudvaTrails may modify or delete (partially or totally) at anytime, any User Content which, BudvaTrails deems to have breached these Terms or may be deemed to be offensive, illegal or in violation of the rights of third-parties.
The User acknowledges and accepts that use of the Website, the Applications and the Services is at the User’s own risk and under the User’s responsibility and therefore BudvaTrails does not accept any responsibility for misuse or use in breach of these Terms.
The User will be responsible for any damages to BudvaTrails resulting from the User’s use of the Website, the Applications and the Services in breach of the Terms and accepts to indemnify BudvaTrails and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.
BudvaTrails does not guarantee the availability and continuity of the operation of the Website, the Applications and the Services (in particular, to the extent that they depend on third parties), nor their reliability, accuracy or correctness or their usefulness for a specific purpose or activity. To the maximum extent permitted by applicable law, BudvaTrails excludes any liability for damages of any kind that may arise from the foregoing.
As way of example and without limitation, BudvaTrails shall not be liable for any damages that may result from:
- Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not BudvaTrails’s responsibility.
- Delays or unavailability of the Website, the Applications and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
- Delays or unavailability of the Website, the Applications and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
- Third party actions.
- Unavailability of the Website, the Applications and the Services due to maintenance or software updates.
- Anything which is beyond BudvaTrails’s direct control.
Except in cases of wilful misconduct, and those cases in which due to the particular circumstances of the User or the object, a mandatory liability regime is applicable, the use of the Website, the Applications and the Services is at the sole and entire risk of the User and BudvaTrails shall not be liable for any damage or loss of any nature caused to the User by the use of the Website, the Applications or the Services.
Pursuant to Section 1.4. above, in relation to the User Content, BudvaTrails acts exclusively as a provider of the service consisting in providing the Website and the Applications as a space through which the Users may store and publish such User Content. The responsibility for the storage or publication through the Website and the Applications of the User Content and of all information, data, texts, sounds, photos, graphics, videos, news or other materials included therein, is the sole responsibility of the User who stores or publishes it, except in the cases expressly provided for by law.
The insertion of links in the Services does not imply any relationship, recommendation or supervision by BudvaTrails with the destination website and, therefore, BudvaTrails does not accept any responsibility for its content, except in the cases expressly provided by Law.
1.6 INTELLECTUAL PROPERTY
All intellectual property rights over the Website, the Applications, the Services, its design, and source code, and all intellectual property rights over any content included in the same (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to BudvaTrails.
In particular, and without limiting the foregoing paragraph, BudvaTrails holds a sui generis right as the owner of the database comprising all the content of the Website and the Applications in accordance with the terms set forth in the Intellectual Property Act. By virtue of such right, BudvaTrails prohibits the extraction and/or re-utilisation of all or a substantial part of the content of the Website and the Applications, evaluated qualitatively or quantitatively. Likewise, BudvaTrails prohibits the repeated or systematic extraction and/or re-utilisation of non-substantial parts of the content of the Website and the Applications when such extraction and/or re-utilisation would be contrary to a normal exploitation of such basis or would cause unjustified damage to BudvaTrails’s legitimate interests.
The User is only authorised to access and use the Website, the Applications and the Services and to download the contents thereof for personal and non-commercial or collective use, except for the cases expressly authorised by BudvaTrails. Except in those cases where expressly authorized, the User is expressly prohibited to reproduce or distribute for other purposes, as well as to transform, create derivative works of any kind, communicate to the public, make available, extract, reuse or otherwise use the Website, the Applications or the Services or any part thereof.
The User shall remain the owner of the rights to the User Content that it stores or publishes via the Services in accordance with Section 1.4 above. In particular, the User Content stored or published by the User in connection with a Route or a Point of Interest owned by the User shall constitute a unit of content, which is offered together and inseparably (except for GPS downloads, or the grouping of Routes and Points of Interest of different Users on the same route that can be joined together for practical reasons or for the convenience of the Users), and the intellectual property rights therein belong to the User.
When storing or publishing any User Content, the User grants BudvaTrails, which accepts, a non-exclusive licence, free of charge, with the right to sub-license to any third party, with a worldwide territorial scope, during the entire term recognised to them under the applicable regulations, to:
- Access, use, host, reproduce, modify, transform, update, translate, publish, distribute, delete, incorporate or make available the User Content, in whole or in part, through the Website, the Applications or the Services or through third party sites with which BudvaTrails agrees to publish and make available the User Content.
- The adaptation and creation of derivative works based on the User Content.
- The use of the User Content in connection with other content.
- The performance of any technical or maintenance activities necessary to comply with the foregoing.
The User warrants that it is has all necessary rights over the User Content for storing and publishing through the Services and for the granting of the license referred to above or that it has obtained from the necessary rights, licenses and consents from third parties.
Additionally, when upon registration or at any other time accessing the “your settings page” the User has opted to allow BudvaTrails, to publish and use certain of his/her information included in his/her account, then the User authorizes BudvaTrails to proceed on the basis of the options marked by the User. The User acknowledges that his/her chosen username will be publicly available in relation to all Users.
1.7 APPLICATION END USER LICENSE AGREEMENT
BudvaTrails only authorizes the User to download and use the Applications in accordance with this license. BudvaTrails reserves all rights related to the Applications not expressly granted to the User under this license. The terms of this license will govern any upgrades provided by BudvaTrails that replace and/or supplement the original Applications, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
BudvaTrails grants the User a non-exclusive and non-transferable license to download and use the Applications, in object code only, on a device owned or controlled by the User and only for the purposes and uses authorised by these Terms or as authorised in writing by BudvaTrails in each case. This license does not permit the User to use the Applications on any device not owned or controlled by the User.
The User shall not distribute or make the Applications available to the public over networks where they can be used by multiple devices at the same time. The User shall not rent, sell, distribute, distribute, communicate to the public or sublicense the Applications or the Services. You will not copy (except to the extent expressly authorised by this licence), decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Applications, any updates to the Applications or any part thereof (except and only to the extent such restriction is prohibited by applicable law or the licence terms governing any of the open source components included in the Applications). Any attempt to do so is a violation of the rights of BudvaTrails and its licensors.
The User agrees that BudvaTrails may collect and use technical data and related information (including but not limited to technical information) about the device of the User, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to the User (if any) related to the Applications. BudvaTrails may use this information, as long as it is in a form that does not personally identify the User, to improve its products or to provide services or technologies to the User.
The license is effective until terminated by the User or BudvaTrails. User’s rights under this license will terminate automatically without notice from BudvaTrails if the User fails to comply with any term(s) of this license. Upon termination of the license, the User shall cease all use of the Applications, and destroy all copies, full or partial, of the Applications.
To the maximum extent permitted by applicable law, the Applications are provided “as is” and “as available”, with all faults and without warranty of any kind, and BudvaTrails hereby disclaims all warranties and conditions with respect to the Applications, either express, implied or statutory, including, but not limited to, warranties and/or conditions of merchantability, of satisfactory quality or of fitness for a particular purpose. Should the Applications proved to be defective, the User assumes the entire cost of all necessary servicing, repair or correction, to the maximum extent permitted by applicable law.
The User acknowledges that the license to use the Applications is solely between the User and BudvaTrails, and in no case with the owners of the application markets where the BudvaTrails Application has been downloaded (for example, for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play shop operated by Google Inc.)
1.8 MODIFICATION OR TERMINATION OF SERVICES
BudvaTrails may, at any time and without incurring any liability, vary the content of the Website, the Applications or the Services, interrupt the provision of all or some of the Services and functionalities or deactivate or delete all or some of the accounts, without any limitation other than those established by the applicable laws regarding the obligation to keep records of certain transactions during the corresponding legal periods.
1.9 GENERAL AND CONTACT INFORMATION
The use of the Website, the Applications and the Services is governed by Spanish law, except for mandatory provisions that may be applicable due to the User.
In the event that any of the provisions contained in these Conditions are declared null and void, they will be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the rest of the provisions contained in these Conditions.
Furthermore, in accordance with the provisions of Article 14 of Regulation (EU) 524/2013, you are informed that the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.
2. SPECIAL TERMS OF THE SERVICES
2.1 Conditions for BudvaTrails Live Tracking
The User understands through the Live Tracking function they can invite another party to visualize their current track and last known location on a map. On acceptance of the invitation the User will be notified that the invitee “is following you”. The User understands and accepts that BudvaTrails does not in anyway guarantee that the invitee continues to follow the User’s location and that the User will not be notified if the invitee ceases to follow you. Likewise the User accepts that the User’s location is approximate in terms of position and time and while BudvaTrails endeavors to update the location regularly, BudvaTrails cannot be held responsible for the accuracy of the User’s location nor for the availability of third party telecommunication services upon which this functionality relies to transmit data. The Application and Services including without limitation BudvaTrails Live Tracking are not a security measure and should not be used for any life or death situations. Further the User accepts and understands the risks associated with sharing their location with other parties.
2.2 Special Terms for Offline Maps and its Styles
The Maps are free to all BudvaTrails users when used in the Applications. It is prohibited, without written permission from BudvaTrails, to link directly to the Maps on BudvaTrails’s servers, to include the Maps in products or applications or any other commercial use that has not been expressly authorized in writing by BudvaTrails.
2.3 Special Terms for the translation service
The Website and the Applications offer a translation service so that Trails and Waypoints and other User Content are available in additional languages. Such service is supplied for your convenience only and using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to Users of the Website and the Applications, and are provided “as is.” No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The original language of the translated content is that in which it has been published by the User who is its author in the Website or in the Applications. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translation, please refer to the original version of the content published by the User who is its author in the Website or in the Application.
This Service includes Google Translate translation. Google disclaims any warranty in relation to translations, whether express or implied, including any warranty of accuracy, reliability or any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
2.4 Special terms for the printing of information of trails including QR codes
Users registered in the Services may enjoy a feature consisting in downloading a PDF file with information about trails available in the Services, accessible through a QR code and with the identification of the User that carries out the download.
The User will be solely responsible for the use made of the aforementioned file, and must avoid its printing, distribution and dissemination in any way that violates any regulation applicable or infringes any right of BudvaTrails or third parties.
From BudvaTrails we encourage Users to make responsible use of this functionality and avoid any type of activity that generates inconvenience to third parties.
3. Terms of Sale
These terms and conditions of sale (hereinafter, the “Terms of Sale“) govern the marketing by BudvaTrails of certain services (hereinafter, the “Paid Services“) through the Website or on the Applications. In particular, it governs the marketing of the following categories of Paid Services:
- Subscription to BudvaTrails Premium: this allows you to enjoy all the features of the Website and the Applications, such as outdoor navigation, search by waypoint, and live tracking…
- Geopromotion Packs: this is a type of subscription available for companies, which allows businesses to advertise on the maps of routes available on the Website close to their business.
- BudvaTrails ORG Service: allows getting higher visibility within the BudvaTrails community, as well as to promote Routes and Points of Interest.
These Terms of Sale govern the relationship between BudvaTrails and the User (hereinafter, the “User“) for the purchase of the Paid Services.
The User agrees to read these Terms of Sale before placing any order. We will consider that, by completing the purchase process, the User will have read and accepted, without any objection, these Terms of Sale.
BudvaTrails may modify these Terms and Conditions of Sale at any time, which will be available during the purchase process. Each purchase is governed by the Terms of Sale applicable on the order date. The date at the beginning of these Terms of Sale indicates the date of their last revision, which will be applicable from the date of their publication.
These Conditions of Sale are available to the User prior to placing any order and may be stored or reproduced on a durable medium.
3.1 PAYMENT SERVICES
The Paid Services available for sale are offered, as applicable, on the Website or on the Applications, where the information regarding such Services is included.
BudvaTrails may decide from time to time the offer of Services, by offering new Services (to which, unless otherwise stated, these Terms of Sale are applicable) or by ceasing to offer any of the Services offered until then.
If the User wishes to purchase a Paid Service, he/she only has to follow the indications that appear, as appropriate, on the Website or in the Applications, and any condition or term that is shown during the process of contracting the specific Service shall be applicable to him/her.
3.2 PRICES AND INVOICING
Prices for the Paid Services are displayed, as applicable, on the Website or in the Applications, in Euros (unless another currency is specified in relation to a transaction) and include, where applicable, the Value Added Tax applicable to the transaction depending on the place of delivery and residence of the User.
BudvaTrails reserves the right to modify the prices of the Paid Services at any time, but will apply the price in force at the time the order is placed by the User.
Before confirming the order and finalizing the order process and making the payment, the User will be informed of the full final price, including the applicable fees.
To make an order, the User shall log in as a Website or Application user, with his/her user name and password. If the User is not a user of the Website or of the Application, he/she shall first register in order to be able to purchase through the Store. Afterward the User shall provide the additional information requested during the purchasing process such as delivery/invoicing address and tax identification number, as per the instructions that will appear on the screen.
The User may pay for the Paid Services he/she wishes to purchase with the means of payment, accepted according to each type of Paid Service, which is established in the purchase process. To make the payment, the User must follow the instructions that appear on the screen.
If the User pays by credit card, the User must provide the card details. Payment by credit card is made through the “Secure Socket Layer” security system, which encrypts your bank details when they are transmitted over the Internet. The Payment Services will not be activated until payment has been received or authorized by the relevant financial institution. The management of payment information will be carried out directly between the third-party platforms, no intervention or access to bank data of the Users by BudvaTrails will take place.
3.5 CONFIRMATION AND INVOICING
At the end of the order, a summary of the order will be provided so that it can be reviewed by the User before acceptance. Once the order has been accepted by the User, a screen or email will confirm the correct processing of the order.
BudvaTrails will automatically send a purchase receipt to the User by email. In any case, any User may request the corresponding invoice in the following ways, depending on the way the order was placed and the type of Payment Service:
- Paid Service consisting of subscription to ORG State Accounts and Geopromotion Packs, purchased from the Website: Users will be able to access the invoice directly for the purchase of the Paid Services in their BudvaTrails User profile, in the “Products” section
- Paid Service consisting of subscriptions to BudvaTrails Premium:
- In the event of subscriptions purchased through the Apps. The application markets (App Store for Apple users or the Google Play shop for Android users) through which the purchase was made will provide a copy of the invoice that the User will receive directly to the email address with which he/she has registered in the application market.
- In the case of subscriptions purchased through the Website. If the User wishes to receive an invoice, he/she may request it through his/her BudvaTrails User profile, in the section “Products”.
3.6 WITHDRAWAL FROM THE CONTRACT AND REFUNDS
The User has fourteen (14) working days from the start of the Paid Service to withdraw from the purchase, without any justification or penalty. In order to do so, the User must notify BudvaTrails of his withdrawal by email (to the address indicated in the General and Contact Details section below), identifying in the subject “Withdrawal”, and indicating in the email, simply, his intention to withdraw from the contract, his contact details and the identification of the order. The User must then follow the instructions indicated. After verifying the fulfillment of these conditions, BudvaTrails will proceed to reimburse the amount, in the payment method used by the User.
Please note that, in accordance with the applicable law, the right of withdrawal shall not apply to the Paid Services if the Paid Services have been fully executed before the expiration of the withdrawal period. The User consents to the commencement of their execution as from their purchase and accepts and acknowledges the non-application of the right of withdrawal in relation to the purchase of BudvaTrails Services. The cancellation of a subscription shall take effect at the end of its current billing cycle. for the purchase of BudvaTrails Paid Services in the aforementioned cases.
The foregoing is without prejudice to the legal guarantees set forth in the Royal Legislative Decree 1/2007.
3.7 GENERAL AND CONTACT INFORMATION
In the event that any of the provisions contained in these Conditions of Sale are declared null and void, they shall be withdrawn or replaced. In any case, such declaration of invalidity shall not affect the validity of the remaining provisions of these Conditions of Sale.
Furthermore, in accordance with the provisions of Article 14 of Regulation (EU) 524/2013, you are hereby informed that the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.
4. SPECIAL TERMS APPLICABLE TO THE TERMS OF SALE
4.1 Special Terms for BudvaTrails Premium Subscription
These special terms govern and apply to the purchase of any Premium subscription (hereinafter, the “Subscription”) through the Website or the Applications. Through the Subscription, the User can access extra functionalities, which are not available in the free version of the BudvaTrails service.
In order to purchase a Subscription, the User must complete the subscription procedure and follow the steps and instructions provided for such purpose. BudvaTrails provides Users with three ways to purchase their Subscription: (i) through the Website (using a secure payment platform), (ii) through Google Play or the (iii) Apple Store.
The available Subscriptions are offered on the Website and on the Applications where the information regarding the Subscriptions and their terms and conditions (including, without limitation, their duration), as well as the price, are included. BudvaTrails may at any time change the offer of Subscriptions, by offering new Subscriptions (to which, unless otherwise stated, these Terms apply) or by ceasing to offer any Subscription.
The Subscription may include a free trial period that allows the User to access and use the extra functionalities free of charge during that period. At the end of the trial period, with effect from the following day, the Subscription will come into effect at the applicable rate and the corresponding amounts will be charged.
The User shall pay for his or her Subscription under the terms and conditions indicated as applicable. Payment on the Applications shall be made through the Google Play or Apps Store platforms through which the Application is provided and on the Website through a secure payment platform. The terms of service set out in the aforementioned platforms (hereinafter referred to as the “Platform Terms”) shall also apply to the Subscription. By ordering the Subscription, the User authorizes BudvaTrails to charge the corresponding price through the chosen payment method. The Subscription will not be active until the payment has been received or has been authorized by the relevant financial institution. From that moment, the Subscription will remain in force for the period of time contracted by the User.
The Subscriptions will be renewed automatically, at the applicable price, and successively upon expiration of their term, in accordance with the provisions of the Platforms’ Terms, until the Subscription is canceled by the User, or BudvaTrails decides to remove a Subscription which, in its opinion, breaches these Terms or may be offensive, illegal, or infringe third parties rights.
BudvaTrails may change the price of the Subscription applicable to the renewal, provided that it notifies the User at least one month prior to the date of application.
The Subscriptions are personal and may not be transferred to third parties or be used by third parties other than the User (including, for these purposes, third parties related to or belonging to the same group of companies), except in the cases expressly authorized by BudvaTrails.
4.2 Special Terms for purchasing the interactive points of interest service (Geopromotion Packs).
These special terms govern the contracting between the User and BudvaTrails of the interactive points of interest service through the Website (“Geopromotion Pack Service“). The contracting of the Geopromotion Pack Service allows the User to advertise its products, services, or activities (the “Advertising“) to the Users of the Website.
The Geopromotion Pack Service is not available to persons acting as consumers or end users and therefore, by using the Geopromotion Pack Service, the User acknowledges that he/she is not a consumer or end user. In order to contract the Geopromotion Pack Service, the User must be registered as a BudvaTrails user and be fully and legitimately entitled to represent the business that is the object of the Advertisement.
BudvaTrails may modify or remove the Geopromotion Pack Service at any time.
The Geopromotion Pack Service shall consist of:
Display an icon, in the position identified by the User during the contracting process of the Geopromotion Pack Service, which will be visible on the maps of the BudvaTrails routes for the Users of the Website (provided that the BudvaTrails User has previously activated the option to view that category of service in his/her preferences);
The icon will be interactive, opening a form when clicking on the icon which will allow the BudvaTrails User to contact the User providing the service, product, or activity through the contact details provided by the User during the process of contracting the Geopromotion Pack Service;
Advertising is not accessible to the Users of the Applications.
To contact the Geopromotion Pack Service, the User must complete the contracting form on the Website and follow the steps and instructions established for this purpose.
BudvaTrails will confirm the contract and its terms by sending an email to the address provided by the User.
The User may download the invoice from his/her User Profile on BudvaTrails.
Unless otherwise stated, the prices shown to the User prior to the contracting of the Geopromotion Pack Service will include the VAT applicable at any given time and depending on the residence and circumstances of the customer. BudvaTrails may request any information it deems appropriate in order to accredit any relevant information for the application of VAT in the invoices issued. It is the sole responsibility of the User to know and pay the corresponding taxes and duties in his/her country of residence or origin.
The User can pay for the Geopromotion Pack Service that he/she wishes to acquire by Visa or Mastercard credit card or by PayPal.
The User guarantees that:
The Advertising does not and will not infringe the rights of third parties (in particular, rights of image, honor or privacy, intellectual or industrial property rights, or industrial secrets) nor does it or will it breach any applicable regulations, in particular, advertising regulations or those relating to unfair competition, consumer and user protection, personal data protection, the right to honor, privacy and one’s own image and the protection of minors and children.
Advertising shall not be contrary to morality or public order. Advertising shall not include the personal information of any third party.
Advertising refers to a business that complies with all applicable regulations and that has the corresponding permits and authorizations.
BudvaTrails may reject at any time and for any reason the Advertising, if in BudvaTrails’s opinion, it goes against the letter or spirit of these Terms, however, BudvaTrails shall have no obligation to control or supervise the content of the Advertising and therefore this power does not limit in any way the warranties granted by the User under this Clause.
BudvaTrails does not guarantee the success and profitability of the Geopromotion Pack Service.
The User is civilly and criminally liable for the Advertising and for the contracts entered into with BudvaTrails’s users as a consequence thereof. The User undertakes to indemnify and hold BudvaTrails harmless from all expenses, costs, damages, and losses of any kind (including lawyers’ and attorneys’ fees, even if their intervention is not mandatory) incurred by BudvaTrails as a consequence of any claim from any BudvaTrails user who hires the User’s services. Likewise, the User shall hold BudvaTrails harmless from any liability arising from a breach of the warranties regarding the Advertising or any other obligation set forth in these Terms.
The User acknowledges and accepts that it is his/her sole responsibility to check the functionalities of the Geopromotion Pack Service prior to contracting it, as well as its suitability to meet his/her needs.
BudvaTrails’s maximum liability under the contract with the User shall be the refund to the User of the remuneration received from that User in relation to the Geopromotion Pack Service.
Except in cases of wilful misconduct, BudvaTrails shall not be liable for any damages of any nature arising to the user in connection with the promotion pack service, except as expressly set out in this clause.
BudvaTrails may unilaterally cease to provide the Geopromotion Pack Service if it considers that, in any way, the Advertising breaches these Terms and Conditions, by simply notifying the User. The User accepts that BudvaTrails shall not incur any liability as a result of the termination of the provision of the Geopromotion Pack Service under these Terms.
4.3 Special Terms applicable for the BudvaTrails Org Service.
These special terms govern the contracting between the User and BudvaTrails of the service through which BudvaTrails establishes a space for the User’s own routes (Basic ORG Plan) with the option of promotion (Local ORG Plan and Regional ORG Plan), hereinafter referred to as the( “BudvaTrails ORG Service“). The contracting of the BudvaTrails ORG Service allows the User, under the terms set forth in these Terms, to promote its routes to the BudvaTrails Users (the “Promotion“).
In order to contract the BudvaTrails ORG Service, the User must comply with all the conditions established during the contracting process regarding the activities or legal nature of the User and the requirements of the routes that are the object of the Promotion (e.g. minimum number and content of the routes).
The BudvaTrails ORG Service is not available to persons acting as consumers or end users and therefore, by using the BudvaTrails ORG Service, the User acknowledges that he/she is not a consumer or end user.
BudvaTrails may modify or remove the BudvaTrails ORG Service at any time. In the event of termination of the BudvaTrails ORG Service, the User shall not be entitled to any indemnity or compensation other than the refund of any amounts paid in advance and not consumed by the date of termination.
The BudvaTrails ORG Service will consist of:
An own space that will be identified with the name of the User’s ORG account in which the routes that the User decides to include will be available.
A space where statistics of the activity generated by the Users on the routes of the ORG account will be presented.
In the case of a Regional ORG or Local ORG plan, the ORG account will be highlighted in the search results according to the user’s search criteria and the proximity of the geographical area, there will be a limitation on the number of times the account will be highlighted depending on the price plan and the periodicity contracted.
In order to subscribe to the BudvaTrails ORG Service, the User must complete the subscription form on the Website and follow the steps and instructions established for such purpose.
The User expressly accepts that BudvaTrails shall not be obliged to make available to the User the information prior to the contracting or to confirm the receipt of the acceptance provided for in Articles 27.1 and 28.1 of Law 34/2002, of 11 July, on information society services and electronic commerce (“LSSI”) pursuant to Articles 27.2 and 28.3 of LSSI.
BudvaTrails will confirm the contract and its terms by sending an email to the address provided by the User.
The User may download the invoice from his/her user profile on BudvaTrails.
Unless otherwise stated, the prices shown to the User before the contracting will include the VAT applicable at any given time and depending on the residence and circumstances of the customer. BudvaTrails may request any information it deems appropriate in order to accredit any relevant information for the application of VAT in the invoices issued. It is the sole responsibility of the User to know and pay the corresponding taxes and duties in his/her country of residence or origin.
The User can pay for the BudvaTrails ORG Service by Visa or Mastercard credit card or by PayPal and in the case of annual services also by bank transfer.
The User warrants that:
The Promotion does not and will not infringe any third-party rights (in particular, image rights, honor or privacy rights, intellectual or industrial property rights, or industrial secrets) and does not and will not breach any applicable regulations, in particular, advertising regulations or those relating to unfair competition, consumer and user protection, personal data protection, the right to honor, privacy and self-image and the protection of minors and children. The Promotion shall not be contrary to morality or public order.
The Promotion shall not include the personal information of any third party without their express consent.
In contracting the BudvaTrails ORG Service, the User complies with all applicable regulations and has the corresponding permissions and authorizations.
BudvaTrails may reject the Promotion at any time and for any reason, if in BudvaTrails’s opinion, it goes against the letter or spirit of these Terms, however, BudvaTrails shall have no obligation to control or supervise the content of the Promotion and therefore this power does not limit in any way the warranties granted by the User under this Clause.
BudvaTrails does not guarantee the success or the economic profitability of the BudvaTrails ORG Service.
The User acknowledges and accepts that it is the sole responsibility of the User to check the functionalities of the BudvaTrails ORG Service prior to contracting it and its suitability to meet the User’s needs.
BudvaTrails’s maximum liability under the contract with the User shall be the refund to the User of the remuneration received from the User in relation to the BudvaTrails ORG Service.
Except in cases of wilful misconduct, BudvaTrails shall not be liable for any loss or damage of any nature whatsoever caused to the user in connection with the BudvaTrails org service, except as expressly set out in this clause.
BudvaTrails may unilaterally cease to provide the BudvaTrails ORG Service if it considers that, in any way, the Promotion is in breach of these Terms and Conditions, for which mere communication will suffice. The User accepts that BudvaTrails shall not incur any liability as a result of the termination of the provision of the BudvaTrails ORG Service under these Terms.