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Tourstart Terms & Conditions

Sunday, August 23, 2020 @ 09:44

Acceptance of Terms and Conditions

REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING TOURSTART Website or Applications further referred as Services. By accessing this website, we assume you accept these Terms and Conditions in full. Do not continue to use Tourstart Services if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Policy and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing our Services. Tourstart is sometimes referred to herein as "we," "us" or "Our".

Tourstart may modify these Terms and Conditions at any time by updating this page. You should therefore visit this page periodically to review these Terms and Conditions. Your continued use of the Tourstart Services after a modification signifies your agreement to the modification.

Your use of the Services is subject to these Terms and Conditions and Tourstart's Privacy Policy (further "Agreement"). This legal Agreement is between you and Tourstart ApS for the use of Tourstart Services. The Agreement will also be applicable to the use of the Services on a trial or free basis. By using the Services, You signify Your irrevocable acceptance of this Agreement. The Content of Tourstart Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

 

Description of Services

The Tourstart Services include, and are limited to, a service, web site, or mobile application that allows You access to and use of a Tourstart Account. "Tourstart" referred to herein means a cross platform service for creating tours, sharing, navigation and tracking.

Our Services may contain text data, photographs, videos, comments, etc. Subject to these Terms and Conditions is a non-transferable license to use Content solely for purposes of using the Services. The usage of the Content for any other purposes is prohibited without prior written permission from us. “Content” also includes all User Content.

A "Tourstart Account" or "Account" referred to herein means a service, web site, or mobile application, provided by Tourstart, where You may use such Tourstart Services as route planning, tracking, navigation, sharing, commenting, adding tour description, etc ("User Content").

Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Agreement. You agree not to access the Services by any means other than through the interfaces that are provided by Tourstart ApS for use in accessing the Services. Tourstart ApS will provide the Services in accordance with this Agreement. Tourstart ApS may at its sole discretion modify the features of the Services from time to time without prior notice.

 

Registration

In order to use some additional benefits of the Services, You must have a valid Account. To acquire an Account for the Services, You must provide Tourstart with an electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Tourstart of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Tourstart cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Services, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Services’ registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Tourstart assumes no duty to verify such information as further detailed in the CONTENT OF THE SERVICES section of these Terms and Conditions. If You provide any information that is untrue, inaccurate, not current or incomplete, or Tourstart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tourstart has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof). By using the Services (and registering an Account on the Services), You represent and warrant that You are at least 13-16 years of age. No one under the age of 13-16 may use the Services. Tourstart may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

 

Payment terms

Additional features may be added to the Services and made available to You as a paid upgrade ("Tourstart Pro"). If You choose to subscribe to Tourstart Pro, Tourstart Premium and any other purchased services, You shall pay fees to Tourstart. Upon selection of Tourstart Pro, You will provide Our third parties (s5, NordPay, App Store In-App Payments, Google Play In-App Payments) with the billing information ("Billing Data").

Credit and debit cards are the payment mechanism for payment of a monthly or yearly subscription fee ("Subscription Fee") for Tourstart Pro. The currency references are in U.S. dollars, Danish krone or euros. Tourstart Pro can be paid as a yearly or monthly automatic or manual renewable Subscription Fee.

A current, complete and accurate Billing Data must be provided if you select Tourstart Pro. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and if Your Payment Method is changed (for example, in case of loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password You have to notify Tourstart . If You fail to provide any of the foregoing information, You agree that You may be continued charged for any use of the Tourstart Pro under your Billing Data unless You have terminated Your Tourstart Pro as set forth herein.

 

·         Monthly subscription
If You select the Monthly Fee, the credit/debit card that You provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each Month. You agree that s5, NordPay, App Store In-App Payments, Google Play In-App Payments may charge to Your credit/debit card all amounts due and owing for Your Account on that monthly basis or upon cancellation (see "Termination, Breach, Suspension and Cancellation" and "Refund").

As long as Your Account remains active and in good standing, You will be automatically charged the Subscription Fee even if You never use the Services. You may, however, cancel Your Tourstart Pro at any time but minimum 5 days prior renewal.

 

·         Yearly subscription
If You select the Yearly Fee, the credit/debit card that You provide as part of the Billing Data will be automatically and immediately billed upon expiry of the active paid subscription period. You agree that You may be charged to Your credit/debit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account (see the "Termination, Breach, Suspension and Cancellation" and "Refund" sections of these Terms and Conditions).

As long as Your Account remains active and in good standing, You will be automatically charged the Subscription Fee even if You never use the Services. You may, however, cancel Your Tourstart Pro at any time but minimum 5 days prior renewal.

 

Tourstart may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the Tourstart website and/or electronic mail. You agree that in the event Tourstart is unable to collect the fees owed to Tourstart for Your Account through Your Subscription Fee, Tourstart may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Tourstart in connection with such collection activity, including collection fees, court costs and attorneys' fees.

 

Automatic recurring payment of the Subscription

The User will be charged on a monthly or yearly fee for the Subscription.

The User is entitled to terminate the Agreement, at any time during the Subscription period.

If the User has not terminated the recurring payment within the due date of paying for the new Subscription Period, the Payment will be done automatic. The user will receive a confirmation email at the conclusion of each Period at the email address specified for each of you. You will not receive any advance notice of a payment but You will receive post-payment confirmation by email.

The automatic recurring payment will continue until cancelled.

The User can at any time stop the automatic recurring payment on their Profile page within the cancellation period defined for the specific Subscription.

 

Automatic recurring payment failure

Payment will be processed one time.

If Your automatic recurring payment is declined or fails for any reason, You will be contacted via email at the address provided for You and your Subscription deactivated when expiry of the last valid Subscription.

You may log in at any time prior to your account being deactivated to correct or change the payment information on the Billing Page.

 

The Sale of Goods Acts

Tourstart always follows the requirement of the Danish Sale of Goods Act.

 

Delivery and risk of loss

·         Tourstart will endeavor to deliver or activate the Product instantly of order acceptance. If multiple Products are ordered, Tourstart reserves the right to deliver or activate each Product separately.

·         Software products will be delivered electronically. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to you.

·         If you refuse or neglect to take delivery of the Products, Tourstart reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made.

·         If delivery to you should fail for any reason outside of Tourstart’s control, Tourstart reserves the right to cancel the agreement and refund any monies paid.

·         If Tourstart delivers a Product to you or activates a Product on your device by mistake, you shall immediately inform Tourstart of its mistake by email via info@tourstart.org and you shall, at Tourstart’s request, immediately arrange for the return of the Product (the costs of which shall be met by Tourstart), de-install or destroy the Product.

·         Acceptance of a non-ordered Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with Tourstart.

 

Links to Other Sites

Tourstart Services may contain links to third party Websites that are maintained by others. Any such links are provided solely as a convenience to You and not as an endorsement by Tourstart of the contents on such third-party Websites. Tourstart is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Websites or the privacy practices of such third parties. If you decide to access linked third-party Websites, you do so at your own risk.

 

Termination, Breach, Suspension and Cancellation

If Your Subscription Fee payment is overdue, Tourstart will disable Your access to the features provided by Tourstart Pro. Tourstart may, at its sole discretion, at any time and for any reason, terminate the Services, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and Tourstart may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Tourstart may also withdraw and at its discretion reallocate the public web address of Your Account. If You terminate Your Account, via means provided for cancellation on the Tourstart website or electronic mail to Tourstart, and You request that Tourstart delete Your User Content and files contained in Your Account, Tourstart will make all reasonable efforts to do so.

 

Refund

Tourstart Pro/Premium cancellation in Applications is provided by App Store and Google Play Market services. To get more information about App Store Refund Policy and how to request a refund, follow the link https://support.apple.com/en-us/HT204084. On how to get a refund on Google Play you can read here https://support.google.com/googleplay/answer/2479637?hl=en

Tourstart Pro cancellation for Web purchases are not possible after the purchase.

 

Intellectual Property Rights

Tourstart and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Tourstart’s or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.

 

Export Restrictions

You acknowledge that the Services, or portion thereof may be subject to the export control laws of Denmark. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

 

Injunctive Relief

You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Tourstart, its affiliates, suppliers and any other party authorized by Tourstart to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Tourstart, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

 

Proper Use

Tourstart does not claim ownership over any User Content submitted on or through the Services. Your User Content belongs to You. However, by uploading any User Content to the Services, You agree that Tourstart may store and display (only to You, to the extent that You make such User Content private) Your User Content solely as necessary in connection with the Services. To the extent You choose to share any of Your User Content with other users of the Services, You agree to allow these users (i.e., only the users you specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content.

You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Tourstart, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. Tourstart does not control the User Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such User Content.

You understand that by using the Services, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Tourstart be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services. You acknowledge that Tourstart does not pre-screen User Content, but that Tourstart and its designees shall have the right (but not the obligation) in their sole discretion to refuse, modify or move any Content that is available via the Services. Without limiting the foregoing, Tourstart and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by Tourstart or submitted to Tourstart. You acknowledge and agree that Tourstart may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

·         comply with legal process;

·         enforce the Agreement;

·         respond to claims that any Content violates the rights of third-parties; or

·         protect the rights, property, or personal safety of Tourstart, its users and the public.

If Tourstart discloses User Content to comply with legal process or respond to claims that any User Content violates the rights of third-parties, to the extent permitted by law, regulation or legal process, Tourstart agrees to provide You with prompt notice of any such legal or governmental demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.

You understand that the technical processing and transmission of the Services, including Your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Tourstart’s sole discretion as to what action should be taken. You agree that You will not:

·         use this website to create an electronic database or otherwise that includes material downloaded or otherwise obtained from the website;

·         upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

·         harm minors in any way;

·         impersonate any person or entity, including, but not limited to, a Tourstart official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

·         forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;

·         upload, post or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

·         upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

·         upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", including but not limited to (a) sending mass email to recipients who haven't requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;

·         upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

·         interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

·         intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the EU and the U.S.

·         "stalk" or otherwise harass another;

·         promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices.

·         offer for sale or sell any item, good or service that (i) violates any applicable law or regulation, (ii) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Tourstart determines, in its sole discretion, is inappropriate for sale through the Services provided by Tourstart;

·         exceed the scope of the Services that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people's comments or User Content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, Tourstart retains the right to terminate such account at any time without further warning.

 

Apple and Android Devices and Application Terms

If you are accessing the Services via an application on a device provided by Apple, Inc. (“Apple”) or Google Inc. or an application obtained through the Apple App Store or Google Play Market (each an “Application”), the following shall apply:

·         Both You and Tourstart acknowledge that these Terms and Conditions are concluded between you and Tourstart only, and not with Apple or Google, and that Apple or Google is not responsible for the Application or the Content;

·         The Application is licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for Your private, personal, non-commercial use, subject to all the terms and conditions of these Terms and Conditions as they are applicable to the Services;

·         You will only use the Application in connection with an Apple or Android device that You own or control;

·         You acknowledge and agree that Apple or Google has no obligation whatsoever to furnish any maintenance and support Services with respect to the Application;

·         In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, You may notify Apple or Google of such failure; upon notification, Apple’s or Google’s sole warranty obligation to You will be to refund to you the purchase price, if any, of the Application;

·         You acknowledge and agree that Tourstart, and not Apple or Google, is responsible for addressing any claims You or any third party may have in relation to the Application;

·         You acknowledge and agree that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, Tourstart, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

·         Both You and Tourstart acknowledge and agree that, in Your use of the Application, You will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

·         Both You and Tourstart acknowledge and agree that Apple and Apple’s subsidiaries, Google and Google subsidiaries are third party beneficiaries of these Terms and Conditions, and that upon Your acceptance of these Terms and Conditions, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as the third party beneficiary hereof.

·         Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play is a trademark of Google Inc.

 

General Practices Regarding Use and Storage

You agree that Tourstart has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Services. You acknowledge that Tourstart may establish general practices and limits concerning use of the Services and may modify such practices and limits from time to time. Tourstart retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.

You agree that You will not:

·         upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

·         interfere with or disrupt our Services or networks connected to our website or through the use of our Services, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Services, or otherwise interfere with our Services in any way, including through the use of JavaScript, ActiveX or other coding;

·         take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

·         copy, reproduce, alter, modify, or publicly display any information displayed on the Services (except for Your User Content), or create derivative works from our website (other than from Your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Tourstart, except with the prior written consent of Tourstart.

 

Content of The Services

Tourstart takes no responsibility for any third-party Content or User Content (including, without limitation, any viruses or other disabling features), nor does Tourstart have any obligation to monitor such third-party Content. Tourstart reserves the right at all times to remove or refuse to distribute any Content on the Services, such as Content which violates these Terms and Conditions. Tourstart also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms and Conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Tourstart, its users and the public. Tourstart will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

If Tourstart discloses such information to satisfy any applicable law, regulation, legal process or governmental request or to respond to user support requests, to the extent permitted by law, regulation or legal process, Tourstart agrees to provide You with prompt notice of any such demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.

 

Cookies

We employ the use of cookies. By using Tourstart's website you consent to the use of cookies in accordance with Tourstart’s Privacy Policy. Most of the modern interactive web sites use cookies to enable to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

 

International Use

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from Denmark or the country in which You reside.

 

No Resale of The Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express permission by Tourstart.

 

Your Representations and Warranties

You represent and warrant that (a) all of the information provided by You to Tourstart to participate in the Services is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms and Conditions and to perform the acts required of You hereunder.

 

No Warranties or Representations by Tourstart ApS

You understand and agree that the Services are provided "as is" and Tourstart, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Tourstart servers. Tourstart, its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Services, the security of the Services, or that the Services will meet any user's requirements. Use of the Services is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Services. The entire risk arising out of use, security or performance of the Services remains with You. No oral or written information or advice given by Tourstart or its authorized representatives shall create a warranty or in any way increase the scope of Tourstart’s obligations. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Tourstart, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.

 

Indemnity

You agree to indemnify, defend and hold harmless Tourstart, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Services, Your use of Your Account, Your violation of these Terms and Conditions or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Services (including without limitation Your User Content) or other right of any person or entity.

 

Modifications to Services

Tourstart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that Tourstart shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Services.

 

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Tourstart Software is intended or created by these Terms and Conditions.

 

Limitation of Liability

In no event will Tourstart or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Services, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Tourstart, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, Tourstart’s, its affiliates', suppliers' and Resellers' maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Services (if any) in the previous twelve (12) months.

 

Waiver and Severability

Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

 

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Tourstart Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Choice of Law and Forum

This Agreement and any other legal issues on Tourstart and the conditions shall be governed by the laws of Denmark. The courts of Denmark shall have exclusive jurisdiction to settle any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder. You agree to submit to such jurisdiction.

 

Prevailing version

The English text prevails.

 

Copyright Policy

The copyright and all other rights in the material on this web site are owned by us or are included with the permission of the owner of the rights. As a visitor to this website, you may download a single copy of the material on this website on a single computer or PDA for your own private viewing purpose only. Single copies of pages from this website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying of distribution of material on the website for commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of this website is permitted without our prior written consent except as may be reasonably necessary to use the website. Subject to this paragraph, all rights in material on this website are reserved to Tourstart.

 

Entire Agreement/General Provisions

This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Tourstart may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Tourstart upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Tourstart, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Services may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Services.

 

All notices or other correspondence to Tourstart under this Agreement must be sent to the following electronic mail address for such purpose: info@tourstart.org

 

Or the following physical address:

Tourstart ApS
Løvet Møllevej 6
DK - 8740 Brædstrup
 

 

How to contact us

If you have any questions, please contact us:

Tourstart ApS
CVR 3054 3645
D-U-N-S® Number 312 454 775
info@tourstart.org

Løvet Møllevej 6
DK - 8740 Brædstrup
+45 42 550 660

 

Last version

23/8 2020
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