Terms of use


Background
These Terms of Use, together with all other documents referred to herein, describe the terms under which you can use the website https://www.biketowork.be/ and the Application Bike to Work ("Our Site and App"). Please read these Terms of Use carefully, and ensure you understand them. Your consent to comply with and, to be bound by these Terms of Use, is deemed to occur upon your first use of Our Site and App and you shall read and accept these Terms of Use when you sign up for an Account. If you do not agree to comply and be bound by these Terms of Use, you should immediately stop using Our Site and App.

1. Definition and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account”
means an account required for a User to access and/or use certain parts of Our Site and App, as described in Section 4;
“Content”
means all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on ,or is part, of Our Site and App;
“User”
means a user of Our Site and App;
“User Content”
means all content submitted by Users on Our Site and App, including, but not limited to, all User's personal data required for the creation of an Account, all tracking data recorded through use of Our Site and App, all notices regarding the bike routers, etc.; and
“We/our”
means Fietsersbond, a non-profit association (vzw) registered in Belgium under the number BE0455.348.880, whose registered office is Oude Graanmarkt 63, 1000 in Brussels.

2. Information about us

2.1 Our Site and App are owned and operated by Fietsersbond, a non-profit association (vzw) registered in Belgium under the VAT number BE0455.348.880, whose registered office is Oude Graanmarkt 63, 1000 in Brussels.

3. Access to Our Site and App

3.1 Access to Our Site and App is completely free of charge.
3.2 It is your responsibility to make all necessary arrangements to access Our Site and App.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

4.1 Certain parts of Our Site and App may require an Account to access them.
4.2 When creating an Account, the information you provide must be accurate and complete. If your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date.
4.3 We recommend that you choose a strong password for your Account, consisting of a combination of lower case and upper-case letters, numbers and symbols. It is your responsibility to keep your password safe. You may not share your account with anyone else. If you believe that your account will be used without your permission, please contact us immediately at info@biketowork.be. We are not liable for any unauthorized use of your account.
4.4 You may not use anyone else's Account.
4.5 Any personal information provided in your Account will be collected, used and stored in accordance with your rights and Our obligations under applicable law.
4.6 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your personal information. Your registered transport data will be stored anonymously (i.e. without any link to your personal information). Closing your Account will also remove access to all areas of Our Site and App that require an Account for access.

5. Intellectual property rights

5.1 With the exclusion of User Content, the Content of the Site and App belongs to or is licensed to Us, unless specifically provided otherwise. The Content is protected by intellectual property rights, including, but not limited to copyright. All Content (including the User Content) is protected by applicable Belgian intellectual property laws.
5.2 You may not reproduce, copy, distribute, sell, rent, sub-license, store or otherwise re-use any Content from Our Site and App unless given express written permission to do so by Us.
5.3 You may:
5.3.1 Access, view and use Our Site and App in a web browser (including any web browser capability built into other types of software or apps);
5.3.2 Download our Site and App (or any part of it) for caching;
5.3.3 Print one copy of one or more pages of Our Site and App;
5.3.4 Download extracts from pages on Our Site and App; and
5.3.5 Save pages of Our Site and App for later and/or offline viewing.
5.4 Our status as owner and author of the Content on Our Site and App (or those of identified licensors, as the case may be) must always be acknowledged.
5.5 You may not use any Content stored or downloaded from Our Site and App for commercial purposes without first obtaining a licence from Us (or Our licensors, as the case may be) to do so. This does not prohibit normal access to, viewing and use of Our Site and App for general information purposes, whether by business users or consumers.

6. User Content

6.1 User Content on Our Site and App includes (but is not necessarily limited to) all of the
User's personal data required for the creation of an Account, all of the tracking data recorded through the use of Our Site and App, all notices regarding the bike routers, etc.
6.2 An Account is required if you wish to submit User Content. See article 4 for more information.
6.3 You agree that you are solely responsible for your User Content. In particular, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, as described below in Section 12.
6.4 You agree to be liable to Us and to indemnify Us, to the fullest extent permitted by law, against any breach of the warranties you give under these Terms of Use. You are responsible for any loss or damage that we suffer as a result of any such breach.
6.5 You (or your licensors, if any) retain ownership of your User Content and all intellectual property rights therein. When you submit User Content, you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, publish, transmit, adapt, edit, reproduce, distribute, create derivative works from, display, perform and sub-license your User Content for the purpose of operating and promoting Our Site and App. In addition, you have the opportunity to grant other Users the right to view your User Content.
6.6 If you wish to remove User Content from Our Site and App, such User Content will be removed at your first request. Please note, however, that caching or references to your User Content cannot be made immediately unavailable (or made unavailable at all if outside of Our reasonable control).
6.7 We may reject, reclassify or remove any User Content from Our Site and App if, in Our sole opinion, it violates with Our Acceptable Use Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7. Links to Our Site and App

7.1 You may link to Our Site and App provided that:
• You do this in a fair and legal manner;
• you do not do so in a way that suggests that there is some form of association, endorsement or approval on Our part, if it does not exist;
• you do not use any logos or trademarks displayed on Our Site and App without Our express written permission; and
• you do not do so in a manner designed to damage Our reputation or to take unfair advantage of it.
7.2 You may link to any page of Our Site and App.

8. Links to other sites

Links to other sites may be included on Our Site and App. Unless expressly stated, these sites are not under Our control. We accept neither responsibility nor liability for the content of third-party sites. The inclusion of a link to another site on Our Site and App is for information purposes only and does not imply any endorsement by the sites themselves or by those in control of them.

9. Our Liability

9.1 To the extent permitted, We cannot be held liable for indirect and consequential damages. Unless excluded by mandatory law, We shall only be liable for damages caused by our failure to comply with our obligations, if and to the extent that such damages are caused by our wilful and serious misconduct. We are not liable for other errors.
9.2 If you use Our Site and App as an employer to register the commuting of your employees, we do not accept any liability for :
• loss of profits, sales, business or income;
• loss of business opportunity, goodwill or reputation;
• loss of anticipated savings or business interruption.
• accidents on the road caused by following a route advised by Us. We cannot be held liable for the correctness and safety of routes advised by Us. The User is personally responsible for observing the traffic rules and checking the route to be followed.
9.3 We take all reasonable steps to ensure that Our Site and App is free of viruses and other malware. However, we accept no liability for any loss or damage caused by any virus or other malware, any distributed denial-of-service attack, or any other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site and App (including downloading the Content from the Site and App) or any other site referred to on Our Site and App.
9.4 We do not accept any responsibility or liability arising from any disruption or unavailability of Our Site and App due to external causes, including, but not limited to, ISP equipment failures, host equipment failures, communications network failures, natural events, acts of war or legal restrictions and censorship.
9.5 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

10. Viruses, malware and security

10.1 We take all reasonable steps to ensure that Our Site and App are secure and free from viruses and other malware.
10.2 You are solely responsible for protecting your hardware, software, data and other material from viruses, malware and other Internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site and App.
10.4 You may not attempt to gain unauthorised access to any part of Our Site and App, the server on which Our Site and App is stored, or any other server, computer or database connected to Our Site and App.
10.5 You may not attack Our Site and App by means of denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub Clauses 10.3 to 10.5 you may be committing a criminal offence under the Criminal Code. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

11. Acceptable Use Policy

11.1 You may only use Our Site and App in a manner that is lawful and complies with the
provisions of these Terms of Use. In particular:
• You must ensure that you fully comply with all local, national or international laws and/or regulations;
• You may not use Our Site and App in any way, or for any purpose, that is unlawful or fraudulent;
• You may not use Our Site and App to knowingly send, upload or otherwise transmit data containing any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
• You may not use Our Site and App in any way, or for any purpose, that is intended to harm a person or persons in any way.
11.2 When submitting User Content on Our Site and App (or otherwise communicate by using Our Site and App), you must not submit, communicate or otherwise do anything that:
• sexually explicit;
• is obscene, deliberately offensive, hateful or otherwise inflammatory;
• promoting violence;
• promotes or assisting any form of unlawful activity;
• discriminating against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
• intended to threaten, harass, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or is otherwise likely to deceive;
• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
• is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
11.3 We reserve the right to suspend or terminate your access to Our Site and App if you materially breach the provisions of this Clause 11 or any other provision of these Terms of Use. In particular, we may take one or more of the following actions:
• temporarily or permanently suspend your Account and/or your right to access Our Site and App;
• remove any User Content submitted by you in violation of this Acceptable Use Policy;
• issue you with a written warning;
• take legal action against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
• take further legal action against you as appropriate;
• disclose such information to law enforcement authorities if required or if we reasonably believe it is necessary; and/or
• any other actions that we reasonably consider appropriate (and lawful).
11.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

12. Privacy and Cookies

12.1 The use of Our Site and App is also subject to Our Cookie and Privacy Policy.

13. Changes to the Terms of Use

13.1 We may amend these Terms of Use at any time. In that case, the details of the changes will be highlighted at the top of this page. Such changes will be communicated to you, but we encourage you to check this page from time to time.
13.2 In the event of any conflict between the current version of these Terms of Use and one or more earlier versions of these Terms of Use, the current and applicable provisions shall prevail unless expressly stated otherwise.

14. Contact details

14.1 To contact Us, please send an e-mail to info@biketowork.be or use one of the methods provided on Our contact page at https://www.biketowork.be.

15. Our Communication

15.1 If We have your contact details (e.g. if you have an account) we may from time to time send you important notices by email. Such notices may include, but are not limited to, changes to the Service, changes to these Terms of Use, Our Terms of Sale and changes to your Account.
15.2 If you have any questions or complaints about communications from Us (including, but not limited to, marketing emails), please contact Us at info@biketowork.be or at https://www.biketowork.be.
15.3 All personal data we use will be collected, processed and stored in accordance with the provisions of EU Regulation 2016/679, also referred to as 'GDPR'.
15.4 For full details on the collection, processing, storage and retention of personal data, including, but not limited to, the purpose(s) for which the personal data is used, the legal basis or principles for its use, information on your rights and how to exercise them, and the sharing of personal data (if applicable), please refer to our Privacy Policy and the Cookie Policy.

16. Applicable law, dispute resolution and jurisdiction

16.1 These Terms of Use and the relationship between you and Us shall be governed by and construed in accordance with Belgian law.
16.2 All disputes and claims relating to these Terms of Use, or the relationship between you and Us, shall be subject to the jurisdiction of the courts of Brussels.
16.3 You may also bring a dispute over these Terms of Use before an independent body. More information can be found at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

 

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On www.biketowork.be you will find a good cycling route to work. From now on you can choose from three route profiles: the commuter route, the fastest route and a safe route.