A Bit Further VoF

Terms of Use

Version 1.0 – 1st of July 2019

1. INTRODUCTION

1.1 Welcome to our mobile application, ABF (App). The App is published by A Bit Further VoF, a company registered in the Netherlands under Chamber Of Commerce number 56717903 with an office at the Westerdoksdijk 673, 1013 BX, Amsterdam, the Netherlands.

1.2 This page (together with the documents referred to in it) sets out the terms and conditions (Terms) in accordance with which you may make use of the App. Please read these Terms carefully before you start to use the App.

1.3 In these Terms reference to ABFweusour and ours means A Bit Further VoF.

1.4 By downloading or otherwise accessing the App you agree to be bound by these Terms. If you have any queries about the App or these Terms, you can contact us by any of the means set out in paragraph 14 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

2. USING THE APP

2.1 You must be 18 years or older to download and use the App. By downloading the App you confirm that you are not less than 18 years of age.

2.2 Before using, and in order to use, the App you must register your ABF account. As part of the registration process we will ask for personal information from you. You must ensure that the personal information you provide is correct. The App’s effectiveness relies on you providing the correct personal information. If we find, or have reason to believe, that you have provided incorrect personal information, we may at our sole discretion decline you access to the App, delete the account and/or any other such steps in order to prevent your further use of the App. You can login to and use the App as soon as you have completed the registration process.

2.3 You are solely responsible for the security of your account. This means it is your responsibility to protect your username and password from unauthorized use. An ABF account is personal and may not be shared with or transferred to others. If we find that an ABF account is being or has been misused, we may at our sole discretion decline you access to the App, delete the account and/or any other such steps in order to prevent your further use of the App. You may be liable for any loss or damage incurred as a result of misuse of your account.

2.4 You may not have more than one ABF account. If we find or have reason to believe that you are operating or have operated more than one account, we may at our sole discretion decline you access to the App, delete the account and/or any other such steps in order to prevent your further use of the App.

2.5 We recommend that you ensure that you use the latest version of the App. Use of older versions and/or more than one version simultaneously may result in presentation of incorrect information and/or affect your use and/or enjoyment of the App. We will not be liable in the event of any of the foregoing, therefore you should regularly check for updates.

2.6 You acknowledge that, unless we are aware of and have consented to use of your ABF account by someone else, we will assume that you are the only user on your ABF account and that all activity has been yours.

2.7 The App uses your personal information. We do everything we can to ensure compliance with current EU privacy and data protection laws. Please see our privacy and cookies policy for more information.

3. GENERAL RULES RELATING TO CONDUCT

3.1 The App is made available for your own, personal use. The App must not be used for any commercial purpose other than it was created for whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable EU laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

3.2 You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to: (a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or

(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

3.3 You hereby indemnify us and our group companies in full and on demand from and against any loss, damage, costs or expenses which we or they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

3.4 If you use of the App otherwise than in accordance with these Terms or Applicable Laws, we may at our sole discretion:

(a) report you to such authorities as we see fit;

(b) provide personal information relating to you including your name, address, IP address, and other identifying information to any third party who registers a formal complaint about an activity of yours which we consider plausible in our reasonable opinion; and/or

(c) decline you access to the App, delete your ABF account and/or take such other steps as we deem necessary in order to prevent your further use of the App.

4. AVAILABILITY AND MAINTENANCE

4.1 We do our very best to ensure that the App is available for you at all times, however we cannot avoid altogether interruptions, mistakes, flaws and/or information which is not up to date.

4.2 We carry out maintenance on the App from time to time to ensure optimum service. We make every effort to schedule maintenance at times when user traffic is low. We will notify you in advance of scheduled maintenance whenever possible. Maintenance in response to unforeseen disruption may be required at any time, and for this kind of unscheduled maintenance we will not be able to notify you in advance.

4.3 We may from time to time modify, alter or otherwise change the functionality of the App. During such modifications it is possible that information within the App may be altered and/or deleted. In such circumstances we will not be liable for any loss, direct or indirect, suffered by you in connection with such modifications.

4.4 We welcome your feedback about how our maintenance of the App affects you and suggestions about how you think we could improve it. For feedback and suggestions please use the email address provided in these Terms.

5. SERVICE SUSPENSION

ABF reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

6. CONTENT AND INTELLECTUAL PROPERTY

6.1 The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“ Material“) is owned by or licensed to ABF or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without ABF’s express permission.

6.2 The trademarks, service marks, and logos (“Trade Marks “) contained on or in the App are owned by ABF or its group companies or third-party partners of ABF. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of ABF or the relevant group company or the relevant third-party partner of ABF.

6.3 Information that you enter into or save on ABF is and remains your property. If you use the App, you are deemed to grant ABF an irrevocable license to publish such information on the App and for any publicity of ours relating to the App or ABF (the “License”).

7. ADVERTISERS IN THE APP

7.1 We may from time to time carry advertising on the App, which enables us to make the App available to download for free. We accept no liability for or in relation to advertisements within the App. If you agree to purchase goods and/or services from any third party which advertises in the App, you do so at your own risk. The advertiser, rather than ABF, is liable for such goods and/or services.

7.2 You will not block the advertisements in the App and if you have ad-blocking software installed on your Device you will disable it before using the App. If you breach this clause 9.2, we may at our sole discretion decline you access to the App, delete the account and/or take any other such steps in order to prevent your further use of the App.

7.3 Our privacy policy follows entirely the European GDPR, which you can find on https://gdpr-info.eu.

8. LINKS TO THIRD PARTIES

The App may contain links to websites operated by third parties (“Third Party Websites “), which we may monetize through third party affiliate programs. Notwithstanding such affiliate programs, we have no influence or control over such Third-Party Websites and, unless otherwise stated, we are not liable for any Third-Party Websites or their content.

9. PRIVACY AND DATA PROTECTION

We take your privacy very seriously. We will only use your personal information in accordance with these terms and the European GDPR. By downloading the App you acknowledge and agree that you have read and accept these terms.

10. LIMITATION OF LIABILITY

10.1 USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ABF EXCLUDES ALL LIABILITY TO THE FULLEST EXTENT PERMITTED UNDER LAW, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN ABF AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

10.2 We will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

10.3 IF ABF IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) Five EUROS €5.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.

10.4 Nothing in these Terms shall be construed as excluding or limiting the liability of ABF or its group companies for death or personal injury caused by its negligence or for any other liability, which cannot be excluded by Dutch law.

11. DURATION AND TERMINATION

11.1 Your agreement with us comes into effect immediately when you first download the App and continues until terminated by either you or us in accordance with these Terms.

11.2 You can terminate this agreement at any time by deleting your ABF account.

11.3 We will terminate this agreement if your paid for license period expires.

11.4 We may continue to store your personal information following the closure of your ABF account howsoever arising. We may use your personal information for market research. After two years we may delete or anonymously and securely store your personal information in our database.

11.5 If you would like ABF to delete your personal information, you should notify us by e-mail using the e-mail address at the end of these Terms.

12. CHANGES TO THESE TERMS

12.1 We reserve the right to update these Terms from time to time. If we do so, the updated version will be effective immediately upon publication on the App. You can always access our current Terms via a link in the App. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them. No other variation to these Terms will be effective unless in writing and signed by an authorized representative on behalf of ABF.

12.2 We will endeavor to notify you in advance of any amendments to these Terms.

12.3 If you do not accept an amendment to these Terms, you must delete your account immediately. If you do not you will be deemed to have accepted such amendment.

12.4 These Terms will apply retrospectively so that if you have registered and/or created an ABF account without being asked to accept them, these Terms will apply to you.

13. GENERAL

13.1 These Terms (as amended from time to time) constitute the entire agreement between you and ABF concerning your use of the App.

13.2 These Terms shall be governed by and construed in accordance with Dutch law and you agree to submit to the exclusive jurisdiction of the Dutch Courts.

13.3 If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

13.4 ABF’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ABF in writing.

13.5 Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favor of any person other than you, ABF and its group of companies.

13.6 ABF may at any time assign or deal in any other manner with any or all of its rights and/or obligations under these Terms, provided that it gives prior written notice of such dealing to you.

14. CONTACT US

You can contact us by contacting through e-mail; info@abitfurther.com or telephone; 0031207704152, A Bit Further VoF