Terms and Conditions

 

Below you will find the Terms and Conditions of Service. Your privacy is very important to us and we take all the measures to protect it. Please also read our Privacy Policy.

 

Manner and scope of the Cycling Project services and application of this Terms of Service

Cycling Project is a service for viewing tours with detailed information (such as height profile, length of the track, textual route descriptions, photographs or videos of the tour as well as recommendations such as bars, restaurants, viewpoints and other waypoints).

Cycling Project is an individual route planner and offers users the ability to select routes tailored to the user using the Cycling Project technology and also view selected detailed route information (such as height profile, length of the track, textual route descriptions, photographs or videos of the tour as well as recommendations such as bars, restaurants, viewpoints and other waypoints).

The user can use the offered export functions to print out associated data of necessary parts of the selected individually planned tour or export them to a target device and / or to a mobile device equipped with a chip for positioning. The user is explicitly prohibited to export, distribute or publish tours in other ways than with the offered export function.

By using the services of Cycling Project the user agrees to the following Terms of Service and the Privacy Policy of Cycling Project. The foregoing applies regardless whether the user uses the services of Cycling Project directly on the website or any third party services which have integrated services of Cycling Project and its services are thereby also available there.

Partners of these Terms of Services

The user closes this agreement for the usage of services with Cycling Project, 49, Carrer Major, Baix, 03730 Xàbia, Spain.

Costs of using the services of Cycling Project, connection fees

Cycling Project provides the user some part of its services free of charge. When the user wishes to use paid service, it will be specifically mentioned and confirmed explicitly by the user within a purchase process. The prices may be found within the package overview.

The fees for the paid services have to be paid immediately for the entire period with invoicing. Payments can be made using the various debiting procedures, especially with the accepted credit cards or using the available on-line payment systems. 

Users of paid services are responsible to inform the change the email address, billing address or payment information at hello@old.cyclingproject.cc. For the purpose of payment processing payment data will be stored at our payment provider Siteground for a maximum of 12 months.

Accomplishment of the usage agreement

The user accepts the Terms of Service, these general terms and conditions by using Cycling Project and information obtained in the process. 

To have access to the circuits, save own tours and other data requires a registration. The following information must be specified (“Mandatory Information”)

[1] Personal e-mail address;

[2] Username;

[3] A password (will be provided by email after the registration);

[4] Statement of the user about his agreement with the validity of these Terms and Conditions.

The aforementioned information is not visible to other visitors or users of Cycling Project or third parties.

Each user may register only once and only create one user profile. The use of the profile is exclusively personal and can not me used nor transferred to third parties. Cycling Project can create a profile for a group of users, in that case Cycling Project will explicitly allow the use of the profile for a determinate number of users. 

By the successful completion of the initial registration process, the user makes an offer to enter the agreement to use the services of Cycling Project. Cycling Project accepts this offer by activating the membership for the services.

All of our customers located in the European Union have the right to cancel any purchase within the first fourteen (14) days, starting from the day on which the contract is concluded.

You can exercise your right of cancellation by contacting us by email or letter to confirm your cancellation. You do not have to provide any reason for your cancellation. If you wish to exercise your right of cancellation in this way, you should contact us at:

Cycling Project, 49, Carrer Major, Baix, 03730 Xàbia, Spain.

Email: hello@old.cyclingproject.cc

In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. 

The user’s right of cancellation expires prematurely if the contract is completely fulfilled by both parties at the express request of the user, before he has exercised his right of withdrawal.

Modification of the scope of Cycling Project

Cycling Project has the right to extend the site and / or change of the solutions offered at any time that might affect content, graphical and / or functional. The same applies to the services offered by Cycling Project.

Disclaimer

The platform, the website and all content and services accessed through or via the website, are provided “as is”, “as available”, and “with all faults”.

Whilst Cycling Project uses reasonable endeavours to correct any errors or omissions in the platform as soon as practicable once they have been brought to our team’s attention, Cycling Project makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the website, the apps, the services or any part or parts thereof, any content, or any linked services or other external services. 

Cycling Project does not warrant that your use of the platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the platform or any part or parts thereof, the content, or the servers on which the platform operates are or will be free of viruses or other harmful components. 

Cycling Project does not warrant that any transmission of content uploaded to the platform will be secure or that any elements of the platform designed to prevent unauthorised access, sharing or download of content will be effective in any and all cases, and does not warrant that your use of the platform is lawful in any particular jurisdiction.

Cycling Project and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability and fitness for a particular purpose.

Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.

This service may contain translations powered by google. google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non infringement.

Limitation of liability

Cycling Project and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for

any loss or damage arising from:

(a) your inability to access or use the platform or any part or parts thereof, or to access any content or any external services via the platform;

(b) any changes that Cycling Project may make to the platform or any part thereof, or any temporary or permanent suspension or cessation of access to the platform or any content in or from any or all territories;

(c) any errors or omissions in the platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;

(d) your failure to provide Cycling Project with accurate or complete information, or your failure to keep your username or password suitably confidential; any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and/or any loss of profits, or any loss you suffer which is not a foreseeable consequence of Cycling Project breaching these terms of use. losses are foreseeable where they could be contemplated by you and Cycling Project at the time you agree to these terms of use, and therefore do not include any indirect losses, such as loss of opportunity.

(e) any claim or cause of action arising out of or related to your use of the platform must be notified to Cycling Project as soon as possible.

(f) for any death or personal injury caused by its or their negligence, for any form of fraud or deceit, for any damages caused wilfully or by gross negligence. 

Technical limitation of certain functions

Certain functions of the system Cycling Project are limited in their scope. This applies, for example to the number of photos added to a particular tour of the user. Limitations of this kind can be determined by Cycling Project its sole discretion and at any time changed again.

Retrieval and modification of personal data by the user

On the website of Cycling Project under “www.old.cyclingproject.cc” in the section “Log in” the user has the possibility to access stored personal data regarding his/her roadmap. In addition, the user can change his access (mandatory data) and its aforementioned profile information at any time under the aforementioned section on the site of Cycling Project. 

However, the user cannot delete itself irreversibly aforementioned data in the above mentioned way. If the user wants to achieve the deletion of all data related to his person, he has to terminate the contract in accordance with Cycling Project license agreement.

Obligations of the user

Confidentiality of access:

The user shall keep access confidential and not disclosed to third parties. Each profile is exclusively personal and access to third parties other than the user is not allowed unless explicitly authorized by Cycling Project. 

Private and commercial use:

The user agrees to use the platform and the services of Cycling Project exclusively with the options described within the package overview and solutions. He/she assures to use Cycling Project only legally, proper and in accordance with these terms and conditions and related terms and conditions, applicable policies or guidelines and contained purposes. 

Therefore the user may not use content and features in any other way except those described. 

Careful selection of a tour by the user, the ownership principle

The user is aware that he/she has to make a careful decision in terms of his personal skills and equipment as well as the prevailing weather conditions whether, and if so, which tours provided by Cycling Project he selects from for his activities. Accordingly Cycling Project takes no responsibility or liability for that: 

a) the user has a sufficient (physical) capability to commit or to ride the tour selected by him/her;

b) the user equipment is suitable for the commission or the driving of his chosen tour;

c) weather conditions are suitable to commit or to ride the tour selected by the user without a significant risk exposure for the life, body and health of the user.

d) information on the route and information on the current site is error-free.

The user is also aware that some of Cycling Project proposed tours may be liable — for whatever reason — to temporary or prolonged closures (e.g. due to roadworks). Instead, it is solely the liability of the user to pay enough attention to local (regulatory) arrangements about the blocking of a tour and warnings (eg, the Internet, radio and TV about any dangers) and to align his conduct.

Privacy, permanent storage of data in certain cases

Cycling Project electronically processes the information provided by the user for purposes arising from the concluded contract for the services of Cycling Project. Accordingly, the disclosure of data by Cycling Project to third parties is done only in the context of the contract.

By agreeing to these terms and conditions, the user declares his consent at the same time that:

a) Cycling Project uses the personal data of the user in terms of its accessibility and profile data in the sense of the preceding paragraphs and its personal usage data as defined in the above paragraphs: 

b) to provide personalized information in the form of a newsletter general and / or tailored to their personal interests, unless the user has explicitly given his consent. The user has the option at any time to limit the above-described use of his personal data or to stop, especially unsubscribe via email hello@old.cyclingproject.cc

c) Cycling Project uses the personal data of the user and / or the content (especially text, photos, video, graphics) posted by him/her on the platform of Cycling Project to safeguard overriding interest in disclosing the possible misuse of the platform or the system of Cycling Project or for prosecution of the date of termination of the process between the affected users and Cycling Project signed usage agreement beyond, uses, stores, transmitted to law enforcement authorities and / or injured third parties whose rights unless and Cycling Project to documenting actual evidence of such abuse by the user / or present the setting of illegal content by the user.

The user may revoke his consent to the processing of projecting his personal data at any time with effect for the future against Cycling Project. The user has to submit its notice of withdrawal to Cycling Project  mailed to the business address of Cycling Project (Cycling Project, 49, Carrer Major, Baix, 03730 Xàbia, Spain.).

Termination of License Agreement, cancellation, refund of fees paid in advance

The registered user is entitled at any time to terminate the contract with Cycling Project without specifying a reason and without a deadline to meet. For such termination of the user, it is sufficient that he/she contact by email to hello@old.cyclingproject.cc and expressly mentions his/her intention to “delete account” under “www.old.cyclingproject.cc”. Alternatively, the user can send his resignation letter to Cycling Project also via mail to the business address of Cycling Project (Cycling Project, 49, Carrer Major, Baix, 03730 Xàbia, Spain.).

The duration of the paid services is listed for the user on the current package list. Unless the minimum period of use of paid services is not explicitly mentioned in the purchase process, the period of use is limited to one year. The moment where the user receive the credentials to access to his/her platform will be understood as the beginning of the duration of the services and contract between user and Cycling project. 

There is no automatic renewal of the paid services. Once the period of the services comes to an end, the user will have to contract again the services. 

The user can cancel the paid services without notice for any reason without limit, but has to take into account the technical possibilities. The termination can be done in writing by email or letter to Cycling Project or the user. Cycling Project will cancel the services in less than 48 hours after the reception of the communication by the user. The user can not transfer the services he/she has contracted to third parties. 

With the termination of the agreement Cycling Project deletes all data related to the user. 

In the following case the claim for repayment of already prepaid fees of the user is excluded: the user terminates the contract; the claim of the user on a reimbursement of any advance payments shall however not be excluded when the user terminates for an important reason, which originates from the area of responsibility of Cycling Project.

Final provisions

Cycling Project reserves the right to change these terms at any time without giving reasons, unless an amendment is unreasonable to the user. Cycling Project will notify the user of changes to the terms and timely. If the user does not contradict the validity of the new terms within six (6) weeks after notification, the amended terms shall be deemed accepted by the user. Cycling Project will alert the user to the notification of his right, and the relevance of the objection deadline.

Unless otherwise agreed, the user may submit all notices to Cycling Project by e-mail or by letter. Cycling Project may send notices to the user by e-mail or letter to the addresses that the user has specified as the current contact data in his account.

If any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected.

Place of fulfillment is the place of business of Cycling Project

Spanish law applies with the exclusion of international private law and Disputes concerning this Privacy Policy fall under the exclusive jurisdiction of the courts and tribunals in Denia.

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