Details of app and contact:
The Mallorca Cycling Information app is operated by Mallorca Cycling Information (“we” or “us”). To contact us, please email firstname.lastname@example.org.
Terms and conditions of using our app
By using our app, you accept and confirm that that:
You have read and agree to these Terms of App Use (including without limitation the Release); and you agree to comply with them. If you do not agree to these terms, you must not use our app. It is recommended that you print a copy of these terms for your own future reference.
Other terms that may apply to you
These Terms of App Use refer to the following additional terms, which also apply to your use of our app:
These terms are subject to change
Our terms are amended every so often. Each time you use our app, please check these terms beforehand to ensure you understand the terms that apply at that time, as they are legally binding on you. Some of the provisions contained in these Terms of App Use may also be superseded by provisions or notices published elsewhere on our app.
Our app is subject to change
We may update and change our app from time to time to reflect changes to our products and services, our users’ needs and our business priorities. Where possible, we will try to give you reasonable notice of any major changes (for the avoidance of doubt and without limitation, this does not include updates to content).
We might suspend, withdraw, make premium or restrict our app
Our app is currently made available free of charge. We do not guarantee that our app, or any content on it, will always be available or be uninterrupted. We do not guarantee that our app, or any content on it, will always be free of charge.
We may suspend or withdraw or restrict the availability of all or any part of our app for business and operational reasons. Where possible, we will try to give you reasonable notice of any suspension or withdrawal (for the avoidance of doubt and without limitation, this does not include suspension or withdrawal of content).
You are also responsible for ensuring that all persons who access our app through your internet connection are aware of these Terms of App Use and other applicable terms and conditions, and that they comply with them.
Our app is mainly directed at UK and European users
Our app is mainly directed to people residing in the United Kingdom and Europe. We do not claim that content available on or through our app is appropriate for use or available in other locations.
If you create an account, keep your account details safe and secure
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of App Use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at our email address, email@example.com
The ways in which you can use our app
You may use our app only legally. You may not use our app illegally for the following purposes:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards which are set out below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree and confirm that:
Not to reproduce, duplicate copy or re-sell any part of our app in contravention of the provisions of our Terms of App Use.
Not to access without authority, interfere with, damage or disrupt any part of our app; any equipment or network on which our app is stored; any software used in the provision of our app; or any equipment or network or software owned or used by any third party.
How you may use material on our app
We are the owner or the licensee of all intellectual property rights in our app, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our app for your personal use and you may draw the attention of others within your organisation to content posted on our app.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our app must always be acknowledged.
You must not use any part of the content on our app for commercial purposes without obtaining a licence to do so from us or our licensors. You may not reproduce in any format (including on another App) any part of our app (including content, images, designs, look and feel) without our prior written consent.
If you print off, copy or download any part of our app in breach of these Terms of App Use, your right to use our app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You must not rely on the information on our app
The content on our app is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our app.
Although we aim to update the information on our app regularly, we make no representations, warranties or guarantees, whether express or implied, that the content on our app is accurate, complete or up to date. Any of the material on our app may be inaccurate or out of date at any given time, and we are under no obligation to update such material.
We therefore disclaim all liability and responsibility arising from any reliance placed on the information and content on our app by any visitor to the app, or by anyone who may be informed of any of its contents.
You understand that you download from, or otherwise obtain content or services through our app at your own discretion and risk.
We will not be held accountable for any user generated content
This App may include information and materials uploaded by other users of the app, including to comments, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our app do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on firstname.lastname@example.org
Loss or damage suffered by you
Please note that we only provide our app for domestic and private use. Without prejudice to that, the following terms apply.
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Supply.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our app or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our app; or
use of or reliance on any content displayed on our app.
In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you are a consumer user:
You agree not to use our app for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to a) correctly follow installation instructions or b) to have in place the minimum system requirements advised by us or c) to have in place suitable virus protection software.
Rules about uploading content to our app
Whenever you make use of a feature that allows you to upload content to our app, or to make contact with other users of our app, you must comply with our Content Standards.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our app will be considered non-confidential and non-proprietary, and we have the right to use, copy, modify, adapt, distribute, publish and disclose to third parties any such material for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our app constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our app.
We have the right to remove any posting you make on our app if, in our opinion, your post does not comply with these Terms of App Use including without limitation our Content Standards. You are solely responsible for securing and backing up your content.
Do not introduce viruses to our app; we are not responsible for viruses
We do not guarantee that our app, including without limitation .gpx files you download from it, will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our app. You should use your own virus protection software.
You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack our app via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app will cease immediately.
Linking to our app – rules
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our app in any app that is not owned by you.
Our app must not be framed on any other app, nor may you create a link to any part of our app other than the home page.
We reserve the right to withdraw linking permission without notice.
The App in which you are linking must comply in all respects with the Content Standards.
If you wish to link to or make any use of content on our app other than that set out above, please contact email@example.com
We are not responsible for Apps or websites we link to
Where our app contains links to other apps and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Apps or information you may obtain from them.
We have no control over the contents of those apps or resources.
Operating interactive services
We may from time to time provide interactive services on our app, including, without limitation:
Allowing users to comment on blog posts, articles and guides.
Allowing users to submit blog posts, articles and guides to the app.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our app, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our app, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Rules for user contributed content
The following content standards apply to any and all material which you contribute to our app (“contributions”), and to any interactive services associated with it (“Content Standards”).
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trademark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We may suspend or withhold your use
The following terms of our Terms of App Use Policy constitute our Acceptable Use Policy:
We may make changes to these terms
Ways you may and may not use our app
How we operate interactive services
Rules for content you contribute to our app and any interactive services
Why we may suspend or terminate your use
We will determine, in our discretion, whether there has been a breach of our Acceptable Use Policy through your use of our app. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with our Acceptable Use Policy constitutes a material breach of the Terms of App Use Policy upon which you are permitted to use our app, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our app.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our app.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of our Acceptable Use Policy.
The actions and responses described above are not limited, and we may take any other action we reasonably deem appropriate in respect of breach of our Acceptable Use Policy or our Terms of App Use Policy.
Waiver and release of liability
In consideration of Mallorca Cycling Info providing the app in connection with activities including, but not limited to cycling and route planning (the “Activities”), you agree to the terms of this Mallorca Cycling Info Waiver and Release of Liability (“Release”) set out below.
You fully understand and acknowledge the following:
The Activities have inherent risks, dangers, and hazards;
Your participation in the Activities carries with it the potential for property loss and serious injury or illness, including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability;
The risks and dangers arising out of or related to the Activities may be caused by negligence of yourself, the owners, employees, officers or agents of Mallorca Cycling Info, the negligence of sponsors, manufacturers, manufacturers, bike dealers, highways authorities, drivers of vehicles, promoters, clubs, agencies, personal trainers, participants, or other parties, as well as accidents, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, those caused by terrain, darkness, altitude, temperature, weather, condition of participants, equipment, inadequate safety equipment, vehicular traffic, actions of other parties, fixed or moving objects, lack of hydration, and such other risks, dangers, and hazards that are integral to the Activities in an outdoor or recreational environment; and
You assume all risks and dangers relating to the Activities and all responsibility for any losses and/or damages. You are also solely responsible for whether you will or will not wear a helmet or other protective gear or equipment.
Further, to the fullest extent permitted by law, you on behalf of yourself, your personal representatives and your heirs voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Mallorca Cycling Info, and its owners, agents, officers and employees from any and all claims, actions or losses which may arise out of your use of Mallorca Cycling Info services arising out of or relating to the Activities; and
specifically understand that you are releasing, discharging, and waiving any claims or actions that you may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Mallorca Cycling Info.
If part of these terms becomes invalid
If any provision or part-provision of these Terms of App Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of App Use.
Which country’s laws apply to any disputes
If you are a consumer, please note that these Terms of App Use, their subject matter and their formation, are governed by Spanish law. You and we both agree that the courts of Spain will have exclusive jurisdiction.
If you are a business, these Terms of App Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Spanish law. We both agree to the exclusive jurisdiction of the courts of Spain.