Terms of
Service

Last modified: April 2, 2019

1. General

1.1 These general user terms and conditions (“Terms”) are used by Guberni, Lda. (“Guberni, “we”), a limited liability company registered at the Coimbra Commercial Registry Office under registration and tax number 507348028, with fully subscribed and paid-up share capital of € 20.000 with its registered offices at Instituto Pedro Nunes, Edifício D, Rua Pedro Nunes, 3030-199 Coimbra, Portugal. These Terms apply to the use of the mobile and desktop application WALK-RUN-RIDE, all further services as performed by Guberni in connection thereto ( ” WALK-RUN-RIDE app”) and the use of an account for the use of WALK-RUN-RIDE app (“WALK-RUN-RIDE account”). You may contact us at [email protected]

1.2 The WALK-RUN-RIDE app allow you to find new experiences and people with whom you can walk, run and cycle.

1.3 By using the WALK-RUN-RIDE App, you should be aware of the fact that you make personal information available to users of the WALK-RUN-RIDE app. This means that you share that information with people you may not know. Guberni takes all reasonable steps to allow you to share information in a safe and secure way. We have described exactly how we do this in our Privacy Policy https://walk-run-ride.com/en/privacy-policy . Please, however, be aware that you are responsible for choosing which personal details you choose to share via the WALK-RUN-RIDE app.

2. Applicability, changes and severability

2.1 These Terms apply to any use by you of the WALK-RUN-RIDE app. If you cannot agree to these Terms, you cannot use the WALK-RUN-RIDE app and you should discontinue using. By registering for a WALK-RUN-RIDE account you explicitly agree to be bound by these Terms. In case you cannot agree to these Terms, you should not register for a WALK-RUN-RIDE account.

2.2 We reserve the right to make changes to the WALK-RUN-RIDE account and these Terms at any time. You will be subject to the Terms in force at the time that you use the WALK-RUN-RIDE account and have agreed to the new Terms. Not agreeing to new Terms could mean that you are not able to use the WALK-RUN-RIDE account 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

3.1 Any conduct by you that in our sole discretion restricts or inhibits any other user from using the WALK-RUN-RIDE app will not be permitted. You agree to use the WALK-RUN-RIDE app solely for lawful purposes. You are prohibited from using the WALK-RUN-RIDE app for any other purpose than making use of the WALK-RUN-RIDE app as intended by Guberni.

3.2 You are prohibited from using the WALK-RUN-RIDE app 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 Guberni 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 WALK-RUN-RIDE app, use of the WALK-RUN-RIDE app, or access to the WALK-RUN-RIDE app 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 WALK-RUN-RIDE app, including but not limited to your WALK-RUN-RIDE account, 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 WALK-RUN-RIDE app in order to obtain information that is not deliberately and easily made available through the WALK-RUN-RIDE app. We explicitly reserve the right to block any such activity and to suspend or terminate your WALK-RUN-RIDE account and refuse you any and all current and future use of the WALK-RUN-RIDE app or registration for a new WALK-RUN-RIDE app account.

3.4 You agree not to access the WALK-RUN-RIDE app by any means other than through the interface that is provided by us for use in accessing the WALK-RUN-RIDE app, furthermore you agree that you will not access the WALK-RUN-RIDE app, 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 WALK-RUN-RIDE app or any connected network, or to infringe any security or authentication measures implemented on the WALK-RUN-RIDE app or any connected network. You are not permitted to (reverse) search for information on other users of the WALK-RUN-RIDE app or any of our customers, including but not limited to any WALK-RUN-RIDE account that is not your WALK-RUN-RIDE account 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 WALK-RUN-RIDE app, our systems and/or networks and or any system or network connected with our systems and networks.

4. Use of the WALK-RUN-RIDE account

4.1 The WALK-RUN-RIDE app is free to use. The WALK-RUN-RIDE app desktop version is available through the WALK-RUN-RIDE website ( https://walk-run-ride.com). The WALK-RUN-RIDE app mobile version is available through AppStore and Google Play.

4.2 You enter into an agreement with Guberni when you have accepted these Terms for your use of the WALK-RUN-RIDE app and created a WALK-RUN-RIDE account. Guberni will only enter into an agreement with you in the English language.

4.3 Guberni solely allows consumers to use the WALK-RUN-RIDE app for their own personal purposes. No commercial use of the WALK-RUN-RIDE app is allowed.

4.4 You may view the agreement for the use of the WALK-RUN-RIDE app (the Terms) and your WALK-RUN-RIDE account in your WALK-RUN-RIDE account. We expect you to store a copy of all relevant agreements and documents, such as these Terms and the Privacy Policy and print such documents when you deem such necessary. You may view these documents at any time on this page https://walk-run-ride.com/en/terms-of-service and this page https://walk-run-ride.com/en/privacy-policy

4.5 When you enter into an agreement with Guberni, such as but not limited to an agreement to use the WALK-RUN-RIDE app and your WALK-RUN-RIDE account 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 WALK-RUN-RIDE account.

4.6 We expressly reserve the right to involve third parties to perform (parts of) any agreement that you enter into with Guberni, such as but not limited to the storage of data as necessary for the functioning of the WALK-RUN-RIDE app. 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. WALK-RUN-RIDE Account

5.1 Creating a WALK-RUN-RIDE account is mandatory for your use of the WALK-RUN-RIDE app.

5.2 In consideration of your use of the WALK-RUN-RIDE app, you agree to provide true, accurate, current and complete information about yourself as prompted by the WALK-RUN-RIDE account registration form for your WALK-RUN-RIDE account information.

5.3 Account information and certain other information about you is subject to our Privacy Policy https://walk-run-ride.com/en/privacy-policy . You are not permitted to register for a WALK-RUN-RIDE Account on the name of any other person or party or register or use the WALK-RUN-RIDE app when you are a minor.

5.4 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 WALK-RUN-RIDE account by a third party. The credentials you choose for your WALK-RUN-RIDE account are confidential. We expect you to keep these details to yourself and not share them with anyone else, for example to log into your WALK-RUN-RIDE account.

6. Liability

6.1 The WALK-RUN-RIDE App is provided "as is". We do not guarantee the accuracy or completeness of the WALK-RUN-RIDE app 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 WALK-RUN-RIDE app.

6.3 Through the WALK-RUN-RIDE app, you are (among other things) able to organize and join walking, running and cycling activities, and meet new people with whom you can walk, run and cycle. Please note that Guberni is, under no circumstances, responsible or liable for any activity taking place pursuant to the use of the WALK-RUN-RIDE app. Always be aware of the fact that discovering routes/tracks 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 WALK-RUN-RIDE app.

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. Guberni is, under no circumstances, responsible for your health or physical condition.

6.5 Any liability of Guberni, whether direct, indirect, immaterial or consequential, including but not limited to loss of profit, resulting from the use of the WALK-RUN-RIDE App, 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 WALK-RUN-RIDE app and the use of any information contained within the WALK-RUN-RIDE app. Furthermore we shall not be held liable for any third party information that is linked or otherwise referred to on the WALK-RUN-RIDE app and that is not maintained and controlled by us.

6.7 We will use reasonable endeavours to ensure that the WALK-RUN-RIDE app is and stays fully operational. Due to the nature of the Internet, we cannot guarantee that the WALK-RUN-RIDE app will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the WALK-RUN-RIDE app 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 WALK-RUN-RIDE app and via your WALK-RUN-RIDE account 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 WALK-RUN-RIDE app may include 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 WALK-RUN-RIDE app.

6.11 From time to rime, Guberni may issue an update of the WALK-RUN-RIDE app. Guberni is, under no circumstances, responsible or liable for consequences of the use of older versions than the most recent version of the WALK-RUN-RIDE app.

7. Our Rights

7.1 We may elect to electronically monitor areas of the WALK-RUN-RIDE app 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 WALK-RUN-RIDE app; 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 WALK-RUN-RIDE app, 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 WALK-RUN-RIDE app 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 WALK-RUN-RIDE app, WALK-RUN-RIDE account and Guberni, 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 WALK-RUN-RIDE app. Nothing in these Terms shall constitute the assignment of any intellectual property from Guberni 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 WALK-RUN-RIDE app or to reproduce, duplicate or copy any of our material or the WALK-RUN-RIDE app. Any re-sale of such material is expressly prohibited.

8.3 When using the WALK-RUN-RIDE app we enable you to upload your own content in your WALK-RUN-RIDE account. When you choose to share your content with us, you grant Guberni 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 Guberni or generate through the (use of) WALK-RUN-RIDE app, WALK-RUN-RIDE account or any other way.

8.4 We reserve the right to use the above mentioned material for purposes of marketing, analyzing, 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 WALK-RUN-RIDE app and Guberni 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 WALK-RUN-RIDE app and/or a WALK-RUN-RIDE account and to make such subject of the performance of our services. You hereby indemnify Guberni 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 Guberni or other users, we reserve the right to terminate any agreement we have with you and / or deny any access to the Website, WALK-RUN-RIDE app or your WALK-RUN-RIDE account.

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. Privacy

9.1 We respect the personal privacy of all users of the WALK-RUN-RIDE app and will at all times seek to comply with the General Data Protection Regulation (“GDPR”) or any (national) laws or regulations that may be applicable to the processing of personal data by Guberni. The personal data we collect through the Website and WALK-RUN-RIDE app shall be carefully and adequately processed in accordance with our Privacy Policy https://walk-run-ride.com/en/privacy-policy .

10. Term and termination

10.1 These Terms are effective until terminated by WALK-RUN-RI app. If you no longer agree to be bound by these Terms, you must cease your use of the WALK-RUN-RIDE app and can no longer use the WALK-RUN-RIDE app.

10.2 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 WALK-RUN-RIDE app with or without notice. You agree that any termination of your access to the WALK-RUN-RIDE app may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your WALK-RUN-RIDE account and all related information and files in your account and bar any further access to such files, the WALK-RUN-RIDE app or WALK-RUN-RIDE account. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the WALK-RUN-RIDE app or WALK-RUN-RIDE account.

11. Applicable law and disputes

11.1 The laws of Portugal govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. You and Guberni irrevocably consent to the exclusive jurisdiction and venue of the courts located in Coimbra, Portugal for all disputes arising out of or relating to these Terms.

12. Questions, more information or complaints

12.1 Should you have any further questions, need more information or would want to launder a complaint, please contact Guberni via e-mail [email protected] or reach us at Instituto Pedro Nunes, Edifício D, Rua Pedro Nunes, 3030-199 Coimbra, Portugal.

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