Terms of use appArcheo Route Limburg
1. Definitions
The following definitions apply to these Terms of Use:
Provider: VVV Hart van Limburg, established in Roermond and registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 12067980.
App: the Archeo Route Limburg 2.0 mobile application, including all functionalities, routes, texts, images, illustrations, audiovisual content, augmented reality applications and other information contained therein.
User: any natural person who downloads, installs, opens or uses the App.
2. Applicability
These Terms of Use apply to all use of the App.
By downloading, installing or using the App, the User agrees to these Terms of Use, insofar as permitted by applicable law.
The Provider may amend these Terms of Use where there is a reasonable ground for doing so, for example due to changes to the App, technological developments or changes in laws and regulations. If an amendment affects the rights or obligations of Users, Users will be informed accordingly in an appropriate manner.
If any provision of these Terms of Use is wholly or partially void, voidable or otherwise unenforceable, the remaining provisions shall remain in force. Where possible, the provision concerned shall be replaced by a valid provision that reflects the purpose and intent of the original provision as closely as possible.
3. Use of the App
The App is intended to provide Users with information about archaeological sites, routes, stories, places of interest and other tourism and leisure-related topics in Limburg.
The App is intended exclusively for personal and non-commercial use.
The User may not use the App in any way that violates the law, these Terms of Use or the rights of third parties.
Without the prior consent of the Provider, it is not permitted to commercially exploit, copy, distribute, modify, automatically extract data from or otherwise use the App or any part thereof beyond the purpose for which the App is made available, unless such use is permitted under mandatory law.
The User is responsible for having a suitable mobile device, a suitable mobile connection and any other technical facilities required to use the App.
4. Information, routes and locations
The information in the App is compiled with care. The Provider aims to keep the information as accurate, complete and up to date as possible. Nevertheless, inaccuracies, omissions or outdated information may occur.
Information regarding, for example, routes, locations, accessibility, opening hours, accessibility for persons with disabilities and facilities may change. Conditions at a location may also differ from the information provided in the App, for example due to construction work, temporary closures, weather conditions, changes to the landscape or other circumstances.
The App uses GPS and other location services on the mobile device. The location and navigation displayed may therefore differ from the actual situation. The User must always take account of the conditions at the location itself.
The User remains responsible for assessing whether a route, location or activity is suitable and safe. The User must comply with traffic regulations, signage, warnings, access restrictions and instructions issued by site managers and competent authorities.
Information in the App never replaces official traffic signs, safety instructions or instructions issued by competent authorities.
The Provider takes the utmost care and attention regarding the safety of the landmarks (spearheads or paving stones) installed at the locations. The aim is to provide visitors with a safe way to experience the story at each location. However, the landmarks are located in public spaces. The Provider therefore cannot be held responsible for accidents occurring at the landmarks in public spaces.
Before using the App at a location, check whether your surroundings are safe. Viewing the story in the App may distract you from your surroundings. The landmark is made of Corten steel and has corners and edges. Take care not to bump into the landmark when approaching it too closely. The Provider is not responsible for accidents in which you sustain injuries at the landmarks.
5. Rewards
Users can earn rewards in the App by visiting three new eligible locations. The App uses the available location data to determine whether this requirement has been met.
Once a User has earned a reward, the User may choose from the rewards available in the App at that time. The selected reward can be redeemed with the provider specified in the App and only for the offer and subject to the conditions stated for the relevant reward in the App. A validity period may also be specified. Once the validity period has expired, the User will no longer be entitled to claim the reward.
Rewards cannot be exchanged for cash and do not entitle the User to full or partial payment in cash. Any unused portion of a reward will not be paid out in cash.
The range of rewards may change and is partly dependent on availability from the relevant provider. If a reward is no longer available after it has been earned, the Provider will make reasonable efforts, where reasonably possible, to offer a suitable alternative.
A reward is intended solely for the User's personal use and may not be sold or otherwise commercially traded.
In the event of misuse, fraud or manipulation of the App, location data or reward system, the Provider may, insofar as reasonable and permitted under applicable law, decide not to award a reward or to invalidate a reward.
6. Availability and changes to the App
The Provider aims to ensure that the App operates properly and remains available but cannot guarantee that the App will always be available without interruption, in full or free from errors.
The App may be temporarily unavailable in whole or in part, for example due to maintenance, updates, technical failures or circumstances beyond the Provider's control.
The Provider may modify, improve or expand the App and the information and functionalities contained therein or, where there is a reasonable ground for doing so, discontinue all or part of the App. In doing so, the rights granted to Users under applicable laws and regulations will be taken into account.
To ensure the proper and secure operation of the App, the User may be required to install updates. The Provider cannot guarantee that older versions of the App will continue to function indefinitely.
7. Liability
The Provider takes due care in the development, management and content of the App. The User remains responsible for their own use of the App.
To the extent permitted by law, the Provider shall not be liable for damage resulting from the use of or reliance on inaccurate, incomplete or outdated information in the App.
To the extent permitted by law, the Provider shall also not be liable for damage resulting from temporary unavailability or malfunction of the App, problems with the User's device or internet connection, GPS or location inaccuracies, or third-party services and systems.
The Provider is not responsible for changes to routes, sites, traffic situations, opening hours, accessibility or other local circumstances that are beyond the Provider's control.
Nothing in these Terms of Use limits or excludes liability to the extent that such limitation or exclusion is not permitted under mandatory applicable law.
8. Intellectual property rights
The App and the texts, photographs, images, illustrations, videos, audio, designs, maps, databases, software, logos and other materials contained therein may be protected by copyright, database rights, trademark rights and other intellectual property rights.
These rights belong to the Provider, Provincie Limburg and/or other rights holders.
The User may view and use the content of the App for personal, non-commercial purposes within the limits of applicable law.
Without the prior written consent of the relevant rights holder, protected parts of the App may not be reproduced, made public, commercially exploited, distributed or otherwise used, unless permitted by law.
The names, word marks, figurative marks and logos of Archeo Route Limburg, VVV, VVV Hart van Limburg, Provincie Limburg and any other parties may not be used without the consent of the relevant rights holder in a manner that goes beyond what is permitted by law.
9. Third-party services, information and websites
The App may contain information provided by third parties or references and links to third-party websites, locations, platforms, services or other sources of information.
The Provider does not always have control over the content, availability and operation of these third-party services and information. The Provider therefore cannot guarantee that third-party information is complete, accurate or up to date.
The terms and privacy policies of the relevant third party may apply to the use of third-party websites, platforms and services.
The App is made available through, among others, the Apple App Store and Google Play. The terms and conditions of Apple and Google respectively may also apply to the downloading and use of these platforms.
10. Privacy
Personal data may be processed when using the App. For information about which personal data is processed, for what purposes, on what legal basis and which rights the User has in this regard, please refer to the Archeo Route Limburg Privacy Policy.
Where the User's consent is required for certain functionalities, for example for the use of location data, such consent will be requested in accordance with applicable laws and regulations.
11. Governing law and disputes
These Terms of Use are governed by Dutch law.
If the User is a consumer residing in another country and is entitled to mandatory consumer protection under the laws of that country, this choice of law shall not affect that protection.
Disputes concerning the use of the App or these Terms of Use shall be submitted to the court having jurisdiction under the applicable statutory rules.