Terms & conditions
General Conditions of SIDEWAYS
These Conditions regulate
the use of SIDEWAYS, and,
any other related Contract or legal relationship entered into with the Holder in a legally binding manner. Capitalized words are defined in the specific corresponding section herein.
Users should read this document carefully.
Although the contractual relationship relating to these Products in its entirety is solely between the Owner and Users, Users acknowledge and agree that, where SIDEWAYS has been provided to them through the Apple App Store, Google Play Store. Google/Apple may enforce these Terms as a third party beneficiary.
Nothing in these Terms and Conditions creates an employment, agency or partnership relationship between the parties involved.
SIDEWAYS is offered by:
Óscar Álvarez Sánchez
Am Jesuitenhof 1
53117 Bonn, Germany
Holder's contact e-mail: contact@thesideways.app
"SIDEWAYS" refers to:
this website, including its subdomains and any other website through which the Owner provides its Service;
applications for mobiles, tablets and other smart device systems;
the Service;
any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
What the User should know at a glance
Please note that certain provisions of these Terms and Conditions are only applicable to certain categories of Users. In particular, certain provisions shall only apply to Consumers or to Users who do not fall into the category of Consumers. Such limitations are always expressly mentioned in each of the clauses to which they refer. In the absence of any such mention, the clauses shall apply to all Users.
That it is necessary to have the AGE OF MAJORITY.
The right of withdrawal at SIDEWAYS applies to all Users, including those Users who do not fall into the category of Consumers.
TERMS AND CONDITIONS OF USE
Unless otherwise stated, the terms of use detailed in this section shall apply generally to the use of SIDEWAYS.
In specific situations, individual or additional conditions of use or access may apply and in such cases they will be additionally indicated in this document.
By using SIDEWAYS, Users confirm that they meet the following requirements.
There are no restrictions regarding Users in the sense that they are either Consumers or Professional Users;
The user is OF AGE according to the different national regulations.
Users must not be located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist-supporting" country;
Users shall not be included in any list of prohibited or restricted parties prepared by the U.S. Government;
Account registration
To use the Service, Users may register or create a User account, providing all the required data or information in a complete and reliable manner.
Users are responsible for the safekeeping of their access credentials with guarantees of confidentiality and security. For this reason, Users must also choose passwords that meet the highest standards of strength permitted by SIDEWAYS.
By registering, Users agree to assume full responsibility for all activities that take place under their username and password.
Users must inform the Owner immediately and unambiguously, using the contact details provided herein, if they believe that their personal information, including but not limited to User accounts, access credentials or personal data, has been compromised, improperly disclosed or stolen.
Conditions for the registration of accounts
Registration of User accounts with SIDEWAYS is subject to the conditions set forth below. By registering, Users consent to abide by such conditions.
Accounts registered by bots or any other automated method are not allowed.
Unless otherwise specified, each User shall register only one account.
Unless expressly authorized, User accounts may not be shared with other persons.
Account cancellation
Users may cancel their accounts and stop using the Service at any time as follows:
Communicating to the Holder, through the means and channels established in these terms and conditions; and the Holder will cancel it in a preventive time based on the volume of requests and/or claims that the Holder must manage at the time of the communication.
However, cancellation of the account will not be possible until the subscription period paid by the User has expired.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without notice, if it deems them inappropriate, offensive or in breach of these Terms.
Suspension or deletion of User accounts shall not entitle Users to claim any compensation, damages or reimbursement.
Suspension or deletion of accounts due to causes attributable to the User shall not exempt such User from paying the applicable fees or prices.
Content in SIDEWAYS
Unless otherwise specified or clearly recognizable, all content available on SIDEWAYS is owned or provided by the Owner or its licensors.
The Owner undertakes to act with the utmost diligence to ensure that the content provided on SIDEWAYS does not infringe any legal provision or violate the rights of third parties. However, it may not always be possible to achieve this objective.
In such cases, without prejudice to the legal prerogatives available to Users to enforce their rights, Users are requested to report complaints in this regard using the contact details provided herein.
Rights related to the contents in SIDEWAYS
The Proprietor reserves all intellectual property rights over all such content.
Accordingly, Users may not use such content in ways that are not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works of the content available on SIDEWAYS, nor allow any third party to do so through the User or its device, even without the User's knowledge.
Where expressly stated in SIDEWAYS, the User may download, copy and/or share any content available through SIDEWAYS solely for personal, non-commercial use and provided that copyright and all other acknowledgements requested by the Owner are properly made.
The limitations or exceptions to copyright established by law shall not be affected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to SIDEWAYS.
By providing content to SIDEWAYS, Users confirm that they are entitled to do so and that they are not infringing any legal provision and/or violating the rights of third parties.
Additional information on acceptable content can be found in the section of these Terms detailing acceptable uses.
Users acknowledge and agree that by providing their own content on SIDEWAYS they grant to the Owner a non-exclusive, worldwide, fully paid-up, royalty-free, irrevocable, perpetual (or valid for the full term of protection), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, publicly communicate, stream, transmit or otherwise exploit such content for the purpose of providing and advertising its Service in any medium or in any form.
To the extent permitted by applicable law, Users waive all moral rights in relation to the content they provide to SIDEWAYS.
Users acknowledge, accept and confirm that all content they provide through SIDEWAYS will be provided in accordance with the same general terms and conditions set forth for content on SIDEWAYS.
Responsibility for the contents provided
Users shall be solely responsible for the content they upload, post, share or provide through SIDEWAYS. Users acknowledge and agree that the Owner does not screen or moderate such content.
However, the Owner reserves the right to remove, delete or block such content at its sole discretion and to deny, without prior notice, access to SIDEWAYS by the User who has uploaded such content:
If you become aware of any (alleged) violation of these Terms, the rights of third parties or applicable law based on such content;
If a notice of infringement of intellectual property rights is received;
If you receive notice of a breach of a third party's privacy, including your privacy;
Following an order issued by a public authority; or
When the Holder is informed that the contents, while still accessible through SIDEWAYS, may pose a risk to Users, to third parties and/or to the availability of the Service.
The removal, deletion or blocking of content shall not entitle Users who have provided such content or who are responsible for such content to claim any compensation, damages or reimbursement.
Users agree that they will hold the Owner harmless from any liability arising from any claims that may be made and/or damages that may arise due to the content they have provided to or through SIDEWAYS.
Removal of content from parts of SIDEWAYS that are available through the App Store/Play Store.
If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided such content will be banned from using the Service.
Access to external resources
Through SIDEWAYS, Users may access external resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The terms and conditions applicable to resources provided by third parties, including those applicable to any potential grant of rights in the content, are derived from the terms and conditions of such third parties or, in the absence of such terms and conditions, from applicable law.
In particular, on SIDEWAYS, Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed through SIDEWAYS. If Users click on any such advertisements, they will be interacting with the third party responsible for such advertisement.
The Registrant shall not be liable for any matter arising from such interaction with third parties, including any occurrence resulting from visiting third party websites or use of third party content.
Acceptable uses
SIDEWAYS and the Service may only be used within the scope for which they are provided, subject to these Terms and applicable law.
Users shall be solely responsible for ensuring that their use of SIDEWAYS and/or the Service does not violate any laws or regulations or infringe any third party rights.
Accordingly, the Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to SIDEWAYS or the Service, terminating contracts, reporting inappropriate conduct carried out through SIDEWAYS or the Service to the competent authorities - such as judicial or administrative authorities - whenever Users perform or are suspected to have performed any of the following activities:
Violations of laws, regulations and/or these Conditions;
Infringement of third party rights;
Cause considerable damage to the legitimate interests of the Holder;
Offend the Holder or any third party.
Software license
All intellectual or industrial property rights, as well as any other exclusive rights to the software or technical applications embedded in or related to SIDEWAYS are owned by the Proprietor and/or its licensors.
Subject to Users' compliance with any provision of these Terms to the contrary and notwithstanding any such provision, the Owner solely grants to Users a revocable, non-exclusive, non-sublicensable, non-sublicensable and non-transferable license to use the software and/or any other technical means integrated into the Service within the scope and for the purposes of SIDEWAYS and the Service offered.
This license does not grant Users any right of access, use or disclosure of the original source code. All techniques, algorithms and procedures contained in the software and any documentation relating thereto are the exclusive property of the Proprietor or its licensors.
All rights granted to Users by the license shall terminate immediately upon termination or expiration of the Agreement.
Notwithstanding the foregoing, under this license, Users may download, install, use and run the software on the number of devices permitted, provided that such devices are common and up-to-date in terms of their technology and market standards.
The Contractor reserves the right to release updates, bug fixes and further development of SIDEWAYS and/or related software. Users may be required to download and install such updates in order to continue using SIDEWAYS and/or related software.
However, to obtain access to brand new versions or releases of the software, Users may have to purchase a separate license.
Users will be able to download, install, use and run the software on an unlimited number of devices.
However, it may not be allowed to run the software on more than one device at a time.
Notwithstanding the foregoing, Users agree to immediately delete any copy of the software upon expiration of the license under which such software has been provided to Users.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products provided on SIDEWAYS, as part of the Service, are provided in exchange for consideration.
The rates, duration and conditions applicable to the purchase of such Products are described below and in the specific SIDEWAYS sections.
To purchase the Products, the User must register or log in to SIDEWAYS.
Product description
Prices, descriptions or availability of Products are detailed in the corresponding sections of SIDEWAYS and may be subject to change without notice.
Although the Products on SIDEWAYS are presented as faithfully as technically possible, the representation on SIDEWAYS by any means (including, as applicable, graphical materials, images, colors or sounds) are intended for reference purposes only and do not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the chosen Product will be described during the purchase process.
Purchasing process
All the steps taken from the selection of a product to the shipment of the order are part of the purchase process.
The purchase process includes the following steps:
Users must choose the Product they want and check their purchase selection.
After having reviewed the information shown in the purchase selection, Users will be able to place the order by sending it.
Order shipment
When Users place an order, the following clauses apply:
The placing of an order determines the conclusion of the contract and, therefore, obliges the User to pay the price, taxes and all possible commissions and additional expenses, as indicated on the order page.
In the event that the Product purchased requires an action on the part of the User, such as providing personal information or data, specifications or special wishes, the placing of the order shall oblige the User to cooperate in this regard.
Once the order has been placed, Users will receive a voucher confirming receipt of the order.
All notifications relating to the purchase process described above will be sent to the e-mail address provided by the User for this purpose.
Prices
Users will be informed, during the purchase process and prior to shipment of the order, of all commissions, fees and costs (including, if applicable, shipping costs) to be paid.
Prices in SIDEWAYS are displayed:
either including or excluding all applicable commissions, fees and costs, depending on the section being consulted by the User.
Offers and discounts
The Owner may offer discounts or make special offers for the purchase of Products. All such offers or discounts shall in all cases be subject to the eligibility criteria and terms and conditions set forth in the relevant section of SIDEWAYS.
Offers and discounts are always granted at the Holder's sole discretion.
Repeated or recurring offers or discounts shall not create any action or right that Users may exercise in the future.
On a case-by-case basis, discounts or offers will only be valid for a limited time or while stocks last. If an offer or discount is limited in time, the time parameters shall refer to the time zone of the Holder, as indicated in the Holder's location data herein, unless otherwise stated.
Coupons
Offers or discounts may be based on Coupons.
In the event of a breach of the conditions applicable to the Coupons, the Holder may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions set forth below, any additional or divergent rules applicable to the use of the Coupon that appear on the corresponding information page or on the Coupon itself shall prevail in all cases.
Unless otherwise stated, the following rules shall apply to the use of Coupons:
Each Coupon will be valid only when used in the manner and within the time period specified on the website and/or on the Coupon;
Only one Coupon may be applied, in its entirety, at the time of purchase - no partial use is permitted;
Unless otherwise stated, Single Use Coupons may only be used once per purchase and therefore may only be applied on a single occasion even in cases where they relate to purchases based on installment payments;
Coupons may not be applied cumulatively;
Coupons may be redeemed only within the period specified in the offer. After this period, the Coupon will automatically expire, preventing any possibility for the User to claim the corresponding rights, including their redemption for cash;
Users shall not be entitled to any credit/refund/compensation in the event of a difference between the Coupon value and the redeemed value;
The Coupons are intended for non-commercial use only. Any reproduction, counterfeiting and marketing of the Coupons, along with any illegal activity related to the purchase and/or use of the Coupons is strictly prohibited.
Methods of payment
Information regarding accepted payment methods will be provided during the purchase process.
Some payment methods will only be available subject to additional conditions or fees. In such cases, information regarding these can be found in the specific SIDEWAYS section.
All payments are processed independently through third party services. Therefore, SIDEWAYS does not collect any payment information - such as credit card details - but only receives a notification once payment has been successfully completed.
If the payment through the available methods fails or is denied by the payment service provider, the Holder shall have no obligation to execute the purchase order. If a payment fails or is denied, the Holder reserves the right to claim from the User all costs or damages related thereto.
Purchase through the App Store
o Specific products for sale on SIDEWAYS must be purchased through a third party app store. To access such purchases, Users must follow the instructions provided in the applicable online store (such as the "Apple App Store" or "Google Play"), which may vary depending on the particular device being used.
Unless otherwise specified, purchases made through third party online stores shall also be subject to the terms and conditions of those third parties which, in the event of any inconsistency or conflict, shall always prevail over these Terms and Conditions.
Therefore, Users making purchases through such third-party online stores must read these terms and conditions of sale and accept them.
Retention of rights of use
Users shall not acquire any right to use the purchased Product until the Holder has received the purchase price in full.
Delivery
Provision of services
The contracted service will be rendered or provided within the time frame specified in SIDEWAYS or as communicated prior to shipment of the order.
Cancellation
Subscriptions may be cancelled by sending the Registrant a clear and unambiguous cancellation notice using the contact details indicated herein, or - if applicable - using the corresponding controls within SIDEWAYS.
Cancellation of indefinite subscriptions
Indefinite subscriptions may be cancelled at any time by sending the Registrant a clear and unequivocal cancellation notice using the contact details indicated herein, or - if applicable - using the corresponding options within SIDEWAYS.
Cancellations will be effective 0 days after the Holder receives the cancellation notice.
User Rights
Right of withdrawal
Unless an exception applies, Users may withdraw from the contract within the period indicated below (generally 14 days), for any reason and without justification. Users may obtain further information on the conditions of withdrawal in this section.
To whom is the right of withdrawal applicable?
The right of withdrawal is a right created for European Consumers in the case of distance contracts (because the User cannot see or test the Products before concluding the contract). The withdrawal from the contract terminates the obligation of the contracting parties to perform the contract.
At SIDEWAYS the right of withdrawal applies to all Users, without prejudice to more specific rights available to Users under applicable law and/or this document.
Unless one of the exceptions mentioned below is applicable, if applicable, Users have the right to withdraw from the contract within the period indicated that is applicable to their specific case, for any reason and without justification.
Exercising the right of withdrawal
To exercise the right of withdrawal, Users must send to the Holder an unequivocal statement of their intention to withdraw from the contract.
For this purpose, Users may use the model withdrawal form provided in the "definitions" section of this document. However, Users are free to express their intention to withdraw from the contract by making an unequivocal statement in any other appropriate manner. In order to meet the deadline within which this right must be exercised, Users must send the notice of withdrawal before the withdrawal period expires.
When does the withdrawal period end?
With regard to the contracting of a service, the withdrawal period shall expire 14 days from the day on which the contract is concluded, unless the User has waived his right of withdrawal.
Effects of withdrawal
The Holder shall reimburse Users who properly withdraw from a contract for all payments made to the Holder, including, if applicable, those used to cover shipping costs.
However, additional costs arising from the choice of a particular shipping method other than the least expensive standard shipping method offered by the Holder will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Holder is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, refunds shall be made using the same means of payment used to process the initial transaction. In any case, the User will not incur any costs or fees as a result of such reimbursement.
...on the contracting of services
When a User exercises the right of withdrawal after having requested that the service be provided before the expiration of the withdrawal period, the User shall pay the Proprietor an amount that is proportional to the part of the service that has been provided.
Such payment shall be calculated on the basis of the rate agreed upon in the contract and shall be proportional to the part of the service that has been rendered up to the moment the User desists, as compared to the full coverage of the contract.
Common provisions
No waiver
Failure to exercise any right or to invoke any provision under these Terms shall not constitute a waiver of such right or such provision. No waiver shall be deemed to constitute a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible level of service, the Proprietor reserves the right to interrupt the Service for maintenance work, system upgrades or any other changes, adequately informing the Users.
Within the limits of the law, the Proprietor may also decide to suspend or stop providing the Service altogether. If the Service ceases to be provided, the Proprietor shall cooperate with Users to allow them to remove Personal Data or information and shall respect Users' rights regarding continued use/continued use of the product and/or compensation, as provided by applicable law.
Also, the Service may be unavailable due to reasons beyond the reasonable control of the Holder, such as "force majeure" (e.g. infrastructure breakdowns or power outages, etc.).
Service Resale
Users shall not reproduce, duplicate, copy, sell, resell or exploit any part of SIDEWAYS and its Service without the prior express written permission of the Owner, granted either directly or through a legitimate reseller program.
Privacy Policy
For more information about the use of their Personal Data, Users may refer to the SIDEWAYS privacy policy.
Intellectual property rights
Notwithstanding any more specific provisions of these Terms, intellectual property rights, such as copyrights, rights derived from trademarks, patent rights and design rights relating to SIDEWAYS are the exclusive property of the Proprietor or its licensors and are protected by applicable trademark laws and related international treaties.
All trademarks - whether word or graphic - and any other trademarks, trade names, service marks, word signs, illustrations, images or logos appearing in connection with SIDEWAYS are and shall remain the exclusive property of the Proprietor or its licensors and are protected by applicable trademark laws and related international treaties.
Changes to these Conditions
The Proprietor reserves the right to change or otherwise modify these Terms at any time. In such cases, the Holder will adequately inform Users of such changes.
Such changes will only affect the relationship with Users as of the date communicated to Users.
Continued use of the Service will indicate acceptance by Users of the modified Terms. If Users do not wish to be bound by these changes, they should cease using the Service and may terminate the Agreement.
Continuous use shall mean the use of the SIDEWAYS service on two or more occasions.
The applicable prior version will govern the relationship prior to User acceptance. Users may obtain any previous version from the Holder.
If required by law, the Registrant shall notify the Users in advance of the date on which the modified conditions will become effective.
Assignment of the contract
The Proprietor reserves the right to transfer, assign, dispose by novation or subcontract any of the rights or obligations established under these Conditions, taking into account the legitimate interests of the Users.
The provisions relating to changes to these Conditions shall apply mutatis mutandis.
Users may not assign or transfer their rights or obligations under these Terms in any way, except with the written permission of the Owner.
Contact
All communications regarding the use of SIDEWAYS should be sent using the contact details indicated in this document.
Possibility of separating a layout
In the event that any provision of these Conditions shall be declared or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect.
European Union users
In the event that any provision of these Conditions is void, invalid or unenforceable, or is declared as such, the parties shall use their best efforts to amicably agree upon valid and enforceable provisions to replace the void, invalid or unenforceable portions.
In the event that such an agreement cannot be reached, the null, invalid or unenforceable provisions shall be replaced by the applicable provisions established by law, if the applicable law so permits or so provides.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of a particular provision of these Conditions shall not invalidate the Contract as a whole, unless the provisions that are severed are essential to the Contract, or are of such importance that the parties would not have concluded the Contract if they had known that such provisions would be invalid, or in cases where the remaining provisions would give rise to unacceptable hardship for either party.
Authentic version of these Conditions
These Terms and Conditions have been drafted and revised in ENGLISH. Other language versions of these Terms and Conditions are provided for information purposes only. In the event of any discrepancies between the various language versions, the original version shall prevail in all cases.
Applicable Law
These Terms and Conditions are governed by the laws of the Kingdom of Spain, as stated in the relevant section of this document, without regard to principles of conflicts of laws.
Primacy of national law
However, without prejudice to the foregoing, if the law of the country in which the User is located establishes higher applicable consumer protection standards, such higher standards shall prevail.
Jurisdiction
The exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms and Conditions shall be the exclusive jurisdiction of the courts of SPAIN and on the basis of its substantive and procedural laws, as indicated in the corresponding section of this document.
Jurisdictional exception for Consumers located in Europe
The above provisions shall not apply to Users who fall into the category of European Consumers, nor to Consumers resident in the United Kingdom, Switzerland, Norway or Iceland.
Conflict resolution
Amicable dispute resolution
Users may raise any dispute with the Holder, who will try to resolve it amicably.
Although Users' right to take legal action shall not be affected at any time, in the event of a dispute relating to the use of SIDEWAYS or the Service, Users are requested to contact the Owner using the contact details provided herein.
The User may formulate his/her complaint including a brief description and, if relevant, the details of the order, purchase or account to which it refers, by sending them to the e-mail address of the Holder specified herein.
The Holder shall process the complaint without undue delay and within 3 days of receipt, unless the complexity (at the discretion of the holder) of the case requires it; then the period shall amount to 15 BUSINESS days, extendable for another 15 days (total of 30 BUSINESS days), duly justifying the reason for the extension.
Online Dispute Resolution for Consumers
The European Commission has established an online platform for alternative dispute resolution that provides an out-of-court method for resolving disputes relating to or resulting from online sales and service contracts.
Consequently, any European Consumer or Consumer located in Norway, Iceland or Liechtenstein may use this platform to resolve disputes arising from contracts concluded online. The platform is accessible via the following link.
Definitions and legal references
SIDEWAYS (or this Application), SIDEWAYS - GPS Rally Navigator
The property/owner that allows the provision of the service.
Contract
Any legal or contractually binding relationship established between the Owner and the User, governed by these Conditions.
Professional user
Any User who does not fall into the category of Consumer.
European (or Europe)
It is applicable when a User, regardless of nationality, is located in the EU.
Model withdrawal form
*To the attention of:
Am Jesuitenhof 1
53117 Bonn, Germany
I/We hereby give notice of my/our intention to withdraw from my/our contract for the purchase/sale of the following goods/for the provision of the following service:.
_____________________________________________ (insert a description of the goods/services to which the corresponding waiver refers)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name(s) of consumer(s):_____________________________________________
Consumer(s) address(es):_____________________________________________
Fecha: _____________________________________________
(sign if communicating this form in paper format)
Titleholder (or We)
Reference to the natural or legal person that provides SIDEWAYS and/or the Service to Users.
Product
A good or service available for purchase or hire through SIDEWAYS, such as tangible goods, digital files, software, booking services, etc.
The sale of Products may be part of the Service, as defined above.
Service
The service provided by SIDEWAYS as described in these Terms and SIDEWAYS.
Conditions
All provisions applicable to the use of SIDEWAYS and/or the Service as described herein, including all other related documents or agreements and as updated from time to time in effect.
United Kingdom (or UK)
It is applicable when a User, regardless of nationality, is located in the United Kingdom.
User
Individuals or legal entities using the Service.
User (or You)
Designates any natural or legal person who uses SIDEWAYS.
Consumer
A consumer is any User who is so deemed under applicable law.
