End-user license for Toogethr
Extent of user right
1. Toogethr grants a user right for the Toogethr App (hereafter App) via the subscription. This user right is limited to a number of users and is therefore person-related. The App may only be used on the device it has been downloaded and installed upon.
2. The user gives permission to Toogethr for downloading the App to communicate with the user about the services of the App, but also for communication with the user about Toogethr itself and its services, including but not limited to newsletters, competitions and awards.
3. The aim of the App is to provide a service for the business market. Users are of course free to use Toogethr in any way they see fit, within the limits set out in these terms and conditions and of the law.
4. It is not permitted to:
- Reverse-engineer the source code of the App or to decompile the App, unless this is permitted by the provision of mandatory law or applicable open source license;
- Transfer a copy of the App to third parties;
- Sublicense the App or make it available to third parties through leasing, Software-as-a-Service constructions or otherwise;
- Make alterations to the App, unless this is permitted by provision of mandatory law;
- Remove or make illegible indications of Toogethr as the rightful claimant to the App or parts thereof.
5. You are permitted to make a backup copy of the App. This backup copy may, however, not be used independently or be made available or sold other than in combination with the original App.
6. Next to the provisions included below, Apple’s App store can set conditions for acquiring and using the App and matters related to it.
7. Next to the provisions included below, Google Play can set conditions for acquiring and using the App and matters related to it.
8. Please refer to the user terms and conditions and privacy statement of Apple’s App store, Google Play and any applicable terms and conditions on the website of the relevant provider.
Transport agreement between Driver and Passenger
- When you agree to share a ride with another User via Toogethr, a direct Transport agreement between you and that other User is made. You agree that the “Transport Arrangements” (P2P Transport agreement) always apply to this/these Transport agreement(s) between you and the other User.
- All rights to the App, the corresponding documentation and all changes and extensions lie and rest with Toogethr. You will solely acquire the user rights and authorisations arising from the effect of this agreement or granted in writing and you may not use, copy or publish the App in any other way.
- All (intellectual) property rights on any information that is a part of this website of Toogethr, are at all times vested in us or our licensors. This also includes data placed by users
- The App includes third party open source software. Their respective owners grant you a user right under the relevant open source licenses. You will find these in the manual. This end user license does not apply to open source packages, and nothing in this end user license can be taken to imply any restriction of a right granted to you under an open source license.
- The user right is granted based on a subscription.
- From time to time, Toogethr issues updates which can remedy faults or improve the performance of the App.
- Available updates for the App will be made known through notification via Apple’s App store, Google Play, where it is your responsibility up with these notifications. The updates are also performed via this platform and this requires an active internet connection.
- Installation of updates is done with your separate consent. Toogethr relies upon the availability of Apple’s App store and Google Play, which is beyond the control of Toogethr, for a proper performance of the updates. Toogethr is neither responsible nor liable for a correct performance of the updates. No liability is assumed for damages as a result of errors that have been eliminated in a non-installed update.
- An update may impose conditions that deviate from the provisions of this agreement. You will always be notified in advance and are allowed to refuse the update. By installing such an update you consent with these deviating terms and conditions, which will then become a part of this agreement.
- You are responsible for the installation and commissioning of the App and the corresponding web service.
- Contact our helpdesk via firstname.lastname@example.org if you need assistance with creating your Toogethr-account. Check the website for availability and opening hours of the Toogethr helpdesk.
- If you have any questions or complaints about a Transport agreement, then please contact us via email@example.com. We will strive to resolve your complaints as soon as possible. We cannot, however, guarantee to resolve all complaints.
- Feedback about the App can be given via Apple’s App store and Google Play, after which Toogethr will assess if support is needed. If necessary, Toogethr will contact you.
Duration user right
- These provisions enter into effect at the commissioning of the App and shall remain in force until the day the user right ends because the agreement upon which the user right is based ends.
- After termination of the agreement (for whatever reason), each user should cease and desist further use of the App. All copies (including backup copies) of the App should then be removed from all the user’s systems.
- Toogethr only offers the service for driver and passenger to ride together; it is in no way liable for the performance thereof nor for (consequential) damages arising from riding together.
- This end user license is governed by Dutch law.
- Unless otherwise stipulated by the rules of mandatory law, all disputes that may arise from this agreement will be submitted to the competent Dutch court in the district where Toogethr is located.
- If any provision from this agreement should appear invalid, this shall not in any way affect the validity of the remaining provisions. Parties shall in that case lay down (a) new provision (s) by way of replacement, which will approximate the intent of the original provisions as much as legally possible.
- Toogethr may transfer its rights and obligations from this agreement to a third party that takes over or performs the relevant business activities or copy rights of Toogethr.