General terms and conditions Fish Track app: version June 2020
Fish Track app – Terms and conditions
– Welcome to the Fish Track app
o Fish Track app is a product of BOSSS bv
located at Doelweg 6, 2990 Loenhout, Belgium.
Company number: 0645.700.294
VAT number: BE 27 7390 1249 1173
E-mail address: support@FishTrackApp.com.
o These are the general terms and conditions of the Fish Track app, which can be downloaded from Google play and the App Store.
o By using the Fish Track app, you agree to these terms and conditions. If you do not accept these terms and conditions, you are not entitled to use the Fish Track app.
o If you have any questions, complaints or suggestions regarding the Fish Track app, or if you would like to contact us, please send a message to support@FishTrackApp.com.
– Who is eligible?
o You are eligible to use the Fish Track app if you meet the following conditions: you are over 18 years of age and are not legally incapacitated; you have a valid e-mail address; you have a mobile device with internet access and GPS signal and we have confirmed the activation of your personal Fish Track app account.
o Use of the Fish Track app is not free of charge and is subject to these terms and conditions. In our sole discretion, we may refuse to activate a personal Fish Track app account in case of violation of these terms and conditions or misuse of the Fish Track app.
– Activating your personal Fish Track app account
o To activate the Fish Track app, you must first download the app from Google Play or the App Store.
o To activate your personal account, you must provide us with your e-mail address via the app. Once we have confirmed the activation of your personal Fish Track app account, your Fish Track app and account will be ready for use.
– What are the minimum requirements to use the app?
o A very recent, well-functioning smartphone with the latest updates.
o A completely filled-in profile with the correct data.
o Smartphones must be switched on, have sufficient battery and be connected to a provider.
– Using your Fish Track app
o With the Fish Track app you can monitor and save the following:
Your performance/catch
Date and time
Total duration
Species of fish
Location
Length and weight of the fish caught
Kind of bait
Depth of the water
Fishing licence
Overall fishing experience
In addition, you can also:
Share your location with other Fish Track app friends
Invite your friends and track their performance
View your past Fish Track app achievements
Upload photos
o You are solely and exclusively responsible for all aspects of your fishing performance, including compliance with all the rules relating to your fishing location, environment, legislation, permits, insurance and anything else that may apply to you as a (sports) fisherman. These rules may vary from country to country. It is your own responsibility to check whether you comply with all legal, safety and traffic regulations in this respect.
o You are responsible for and hereby agree to have your contacts/friends use your personal data, such as your name, photo, e-mail address and phone number, in the Fish Track app.
o You are responsible for and hereby consent to the use of your personal information, such as your name, photo, e-mail address and phone number, in the Fish Track app.
o The correct data is crucial for the proper functioning of the app.
o You will bear the cost of using your Fish Track app, including any fees related to your mobile device, internet connection, Fish Track app subscription, upgrades, features, etc.
Title of auto-renewing subscription: Fish Track App Basic Version & Fish Track App Premium Version.
o The Basic version of the Fish Track app costs 1.99 euros per month and 14.99 euros per year. Length of subscription: User can choose between monthly or yearly subscription.
o The Premium version of the Fish Track app costs 2.99 euros per month and 21.99 euros per year. Length of subscription: User can choose between monthly or yearly subscription.
o The Fish Track app does NOT use SMS, but e-mail notification messages for the welcome e-mail as stated in our Fish Track app privacy policy. Your personal data will be processed in accordance with our data protection policy.
o The Fish Track app does not (or may not) work if:
The subscription has not been paid for
Wrong data have been entered
It has been incorrectly configured
There is no connectivity/range
The smartphone has not downloaded the latest version of the app
The smartphone is more than 3 years old
The smartphone has malfunctioned
– Liability
o The Fish Track app is provided “as is” without warranty, neither express nor implied, of quality, accuracy, correctness, relevance, merchantability, fitness for a particular purpose or non-infringement.
o We make no representations or warranties of any kind, neither express nor implied, with respect to the availability of the Fish Track app at any particular time and place, or its compatibility with your hardware, or its uninterrupted use, continuity, absence of viruses, bugs or other defects, and any remedies; the Fish Track app content, including user content and links to third-party apps/content/services.
o The owners of the Fish Track app cannot be held liable for the unauthorised access to personal customer information by third parties, for example, the unauthorised access of so-called “hackers” to the database of the Fish Track app and or BOSSS.
o The owners of the Fish Track app cannot be held liable for the functioning of your smartphone, nor for any misconfiguration of the app or any other factors that may affect the proper functioning of the app.
o The owners of the Fish Track app are not responsible for the data provided and/or entered in any form or function.
o To the fullest extent permitted by the applicable law, we cannot be held liable for any damages arising from (the use of or inability to use) the Fish Track app and our products and services, except in the case of wilful misconduct.
o In any event, our liability is expressly excluded for indirect damages such as loss of income, hospital, medical and other specialist fees, loss of productivity, loss of data, viruses, hacking, damage to equipment on which the Fish Track app has been downloaded, lawyers’ fees or moral damages, including (but not limited to) reputational damage.
o The limitation of liability in the paragraphs above shall apply to the fullest extent permitted by the applicable law, regardless of the applicable liability regime and even in the case of gross negligence.
o If, notwithstanding the provisions above, the owners of the Fish Track app are held liable for any particular damages, their liability is in any event limited to the price you paid for the Fish Track app products in question or to the amounts actually paid to the owners of the Fish Track app by their insurance company for the compensation of the damages in question, whichever is higher.
– Intellectual property
o If you comply with these terms and conditions, we offer you a non-exclusive, non-transferable, limited and revocable right to use the Fish Track app for non-commercial purposes as described in this document.
o The Fish Track app and all content that we make available to you, including software, images, graphics, logos, documents, text, slogans, user content and other information (“content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property or the property of their respective owners.
o You may not copy, display, reproduce, translate, offer, transmit or distribute in any way any part of the Fish Track app or the content except as expressly permitted by these terms and conditions or otherwise expressly authorised in writing by us and the respective owners.
– Content
o The Fish Track app can and may place links to third-party apps/content/services for information purposes.
o The Fish Track app may use the data generated by you for artificial intelligence purposes to modify and/or enhance the features, services and ease of use of the Fish Track app.
o The Fish Track app may and may also allow users to post content such as photos, reviews, descriptions, comments, questions and other information (“user content”), which are the property of the user concerned, on the internet/website/social media.
o You agree not to post user content for any commercial or professional purpose, or user content that is unlawful, harmful, abusive, offensive, defamatory, libellous, infringing, harassing, invasive of privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any user content that, in our sole discretion, violates these terms and conditions.
o By posting user content on the Fish Track app and other social media, you grant us a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide and irrevocable licence to use, modify, translate, reproduce, publish and distribute your user content on the Fish Track app and any other of our services and the services of our affiliates. In addition, you grant each user of the Fish Track app a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide and irrevocable licence to use, modify, translate, reproduce, publish and distribute your user content on the Fish Track app and any other of our services and the services of our affiliates.
-Force majeure
o If we cannot fulfil any of our obligations towards the Fish Track app user due to force majeure, these obligations will be suspended.
o The following are regarded as cases of force majeure: all circumstances that fall outside our will and control, as a result of which the fulfilment of our obligations is made entirely or partially impossible. Such cases include strikes, fire, interruption of energy supplies or telecommunication networks or communication systems, delayed delivery or lack of delivery by suppliers or other third parties.
o If you have any complaints about the Fish Track app products, feel free to contact us via the contact details listed above.
o These terms and conditions are exclusively governed by Belgian law, regardless of where you live. Only the courts of the location of our registered office have jurisdiction to settle any disputes relating to these terms and conditions, without prejudice to the applicable mandatory law which provides that the courts of your place of residence have jurisdiction.
General provisions
o The Fish Track app can contribute to a safer feeling for users and emergency contact(s) BUT every fishing trip still entails a certain degree of danger. The app certainly does NOT take away the risks that are inherent to the activity.
o If, for any reason, a provision in these terms and conditions is found to be invalid, void or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the parties undertake to replace the provision found to be invalid, void or unenforceable with a new provision that comes as close as possible to the objectives of the parties, in line with the spirit of these terms and conditions.
o These conditions may be amended from time to time by the owners of the Fish Track app. When this happens, you will receive a message as a short pop-up in the app. By using the app after such notice, you confirm that you accept the amended terms and conditions without reservation.
o You confirm that you have understood that from time to time we may release updated or improved versions of the Fish Track app and automatically and electronically update or upgrade the version of the Fish Track app you use on your mobile device. You agree that such automatic updates or upgrades will be installed on your mobile device and you agree that these terms and conditions will apply to such automatic updates or upgrades.
o The user is responsible for the accuracy of the data entered at the time of registration and at the time of any subsequent orders and payments.
o Fish Track app/BOSSS reserves the right to block a customer’s access to the Fish Track app/BOSSS service if the customer uses the service in violation of the law or violates the obligations laid down in these general terms and conditions. The blocked access for the aforementioned reasons does not change the payment obligation of the blocked customer with regard to the service(s) already ordered. No compensations shall be paid and/or no other payments already made to Fish Track app/BOSSS shall be refunded.
o These conditions do not affect your rights as laid down by law.
o Default or negligence to comply with a provision does not imply that such a provision is invalid.
o The original agreement was written in Dutch. Where a translated version of the terms and conditions differs from the Dutch version, the Dutch version shall prevail.