TERMS AND CONDITIONS OF USE

European Youth Card Association Euro<26, Centre Dansaert, 7/11 Rue d’Alost, 1000 Brussels, Belgium with registered seat at Amsterdam, the Netherlands („EYCA“) provides a software which allows the user to track European Youth Card discounts that are near to their location within a territory of a member organisation of EYCA (the „App“). These Terms and Condition of Use (these „Terms“) govern the access and use of the App. By downloading or installing the App you agree to be bound by these Terms and our Privacy Policy.

1. LICENCE: Subject to the terms and conditions hereof, during the Term EYCA hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license to use the App for your own personal uses. It is prohibited to you the App for any commercial purpose whatsoever or for any illegal or unauthorised purpose.

You agree when using the App 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 unauthorised 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.

 

2. PERSONAL INFORMATION: In order to use the App, you will be required to fill personal information. You must provide all information as requested by the App in the registration process, and you represent and warrant that all such information shall be accurate and complete. You shall keep such information up-to-date. You shall immediately notify EYCA if there is a security breach of your account. The collection and use of personal information is an integral element of the App, and you expressly consent to such collection and use of personal information in accordance with our Privacy Policy, as may be amended from time to time in our sole discretion. By using the App you acknowledge and agree that you have read and accept the terms of our app Privacy Policy and these Terms.

 

3. CONTENT: The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by EYCA or its member organisations or third party partners of EYCA. You must not use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of EYCA or the relevant member organisations or the relevant third party partner of EYCA.

 

4. FEEDBACK: Giving your feedback regarding the discounts and the App is voluntary. Notwithstanding the foregoing, if you provide EYCA with any feedback regarding the discounts and the App, EYCA may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback. Nothing herein shall be interpreted to provide you any rights in the App except the limited license to use the App as set forth herein.

 

5. AVAILABILITY OF THE APP: EYCA makes no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, EYCA may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. EYCA may change or update the App and anything described in it without notice to you. If the need arises, EYCA may suspend access to the App, or close it indefinitely.

 

6. ACCURACY OF INFORMATION: EYCA makes no representation or warranty, express or implied, that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, EYCA does not accept any liability for any errors or omissions. This shall not affect any obligation which EYCA may have under any contract that EYCA may have with you to provide you with products.

 

7. SUSPENSION: Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. EYCA may also impose restrictions on the length and manner of usage of any part of the App for any reason. If EYCA imposes restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.

 

8. SECURITY: EYCA does not warrant that the App will be compatible with all hardware and software which you may use. EYCA shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. EYCA shall also not be liable for the actions of third parties.

 

9. DISCOUNTS: EYCA accepts no responsibility for goods and/or services on which are provided discounts contained within the App. If you agree to purchase goods and/or services from any third party who provides discounts in the App, you do so at your own risk. The solely discount provider is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the discount provider.

 

10. THIRD PARTY WEBSITE: The App may contain links to websites operated by third parties (“Third Party Websites“). EYCA does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

 

11. INDEMNIFICATION: You agree to indemnify and hold EYCA and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the App and/or any violation of the terms of this Agreement. EYCA reserves the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with EYCA in the defense of any such demand, claim, action, and settlement or compromise negotiations, as requested by EYCA.

 

12. LIMITATION OF LIABILITY: you assume all responsibility and risk with respect to your use of the app. The app is available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, EYCA disclaims all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. EYCA does not warrant use of the site will be uninterrupted or error-free or that errors will be detected or corrected. EYCA does not assume any liability or responsibility for any viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the app. EYCA has no duty to update or modify the app and EYCA is not liable for our failure to do so. In no event, under no legal or equitable theory (whether contract, strict liability or otherwise), shall EYCA or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the app, the use of the app concerning the app, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if EYCA has been advised of or should have known of the possibility of such damages.

If EYCA is liable to you directly or indirectly in relation to the app, that liability (howsoever arising) shall be limited to the sums paid by you upon purchasing the app, or any in-app spend, including subscriptions, whichever is greater.

 

13. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and EYCA concerning your use of the App. EYCA reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of EYCA.

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

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.

EYCA’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 EYCA in writing.

 

14. CONTACT US: You can contact the EYCA team at +32 288 06 843 or at mail@eyca.org

Last updated: November, 2016

 

 

PRIVACY POLICY

1. Introduction

This is the Privacy Policy of the Youth Card App (hereinafter as „the App “). The owner of this App is European Youth Card Association (hereinafter as „EYCA“, „we“, „us“ and „our“).

We care about the protection of your on-line privacy while using this App.

In this Privacy Policy we explain what kind of information we collect and why and how we use it or disclose it.

By submitting you personal information to us through the registration to the App, you agree with this Privacy Policy and you give your consent to the collection and the use of your personal information in accordance with this Privacy Policy.

 

2. What kind of information we collect and why

We may collect your personal or other information.

Personal information is the information which can be associated to the specific person, such as: name, date of birth, etc.

Other information is the information which can not identify you specifically, such as the gender.

In order to use the App, you will be required to register and to provide us with the following personal and other information:

  • your name
  • your date of birth
  • your email adress
  • your gender
  • your geolocation (if you consent to providing it).

We may also collect additional information on you, for example other demographic information, mobile application usage data or information on the device you use.

 

3. How we use your information

We use your personal and other information to:

  • register you to your account
  • administer your account
  • measure your discount usage
  • compile and analyse the statistics of the usage of the App
  • improve our services and create new features in the future
  • receive and respond to your potential complaints to us
  • communicate with you.

We may retain your personal information for as long as our services are provided to you.

 

4. Who has access to your personal information

We may transfer your personal information to the member organisations of EYCA in other countries inside or outside European Union.

We may transfer your personal information to our app developer company and other third party service providers which help us to create and develop the Application for the sole purpose of providing these services.

In the event of a reorganisation, sale or other disposition with EYCA, you agree that any personal information you submitted to us may be transferred to that re-organised entity or third party.

We may disclose your personal information if required to do so by applicable law, including law outside the country of your residence. We may disclose it upon the request of the public authorities, subpoenas or any other legal processes, in order to protect rights or privacy of any person.

 

5. How we protect your personal information

Your personal information that you submit via the App is stored on a secure server located in the Netherlands.

The safety of your personal information is very important us. We follow generally accepted industry standards to protect the personal Information submitted to us. Our security and privacy policies are periodically reviewed. However, you should bear in mind that no transmission of the personal information through Internet is entirely secure.

 

6. How to manage your personal information

In order to update or to correct your personal information submitted to us, you can use the Edit Profile section of the App. Please note that, for security reasons, you can only change/correct your name and date of birth 2 times.

 

7. Cookies and other track technologies policy

We want to make it easy for you to use the App. Therefore we may use cookies or other track technologies. Cookies are small files which are issued to your mobile device and which store and sometimes track the information about your use of the App.

You can visit www.allaboutcookies.org to learn more about cookies.

We may use cookies mainly to remember you when you return to the App or to customise the elements of the content of the App.

 

8. Third Parties links

The App may contain links to other websites. If you choose to visit these websites and submit your personal information to those website, your personal information is subject to their privacy policies.

 

9. Changes of the Privacy Policy terms

We reserve the right to change this Privacy Policy and we recommend you to check this Privacy Policy on a regular basis. Your continued use of the App after the publication of our changes indicates your acceptance of any changes made.

 

10. Governing law

This Privacy Policy is governed by the law of Netherlands.

This Privacy Policy was originally executed in the English language. After the translation to any other language, in case of any disputes in the interpretation, the English language version shall prevail.

 

11. Contact us

If you have any questions or concerns about personal information privacy issues, you may contact us at mail@eyca.org or at +32 288 06 843