Terms of Use

September 2015

The website available at https://www.wikiloc.com and all sub domains, or sections ("Website") and any of the mobile applications ("Applications") published by Wikiloc Outdoor, S.L. ("Wikiloc") are operated by Wikiloc.

These terms of use ("Terms") govern the access, browsing and use of the Website; the downloading and use of the Applications by their users ("User" or "Users", as applicable) as well as the services provided through the Website or the Applications ("Services").

Accessing the Website or the downloading or use of the Applications, implies that the User has read and accepts to be bound by these Terms without exception. Wikiloc may modify the Terms at any time and thus we recommended that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms. Any revised Terms will be applicable from the date of publication.

Some Services may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by Wikiloc or by third parties. Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must acknowledge to have read and accepted such specific conditions.

Likewise, in respect of gathering and processing personal data, the Privacy Policy will apply.

1. PURPOSE OF SERVICES

Through the Services, the User can create, save, publish, share, send, search and download, GPS tracks and waypoints (hereinafter referred to as "Tracks and Waypoints) as well as related information and content.

2. AUTHORISED USE OF THE WEBSITE

The User is only authorized to use the Services if he/she is an individual and always in accordance with the Terms. The User agrees to use the Services in good faith and for personal use only. Using the Services for any purpose other than personal use, such as, commercial, business, or use with a view to make profit is not authorized.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of Wikiloc or third parties.

The user understands that the Application and Services should not be relied upon in life or death situations. The user understands and accepts the risks associated with allowing others to visualize their location while using the Live Tracking functionality.

The User will not interfere with the functioning of the Website, the Applications or the Services and in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website, the Applications or the Services, which may impact the security of the Website, the Applications or the Services or which may in any way interfere with the Services offered by Wikiloc. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website, the Applications or the Services in anyway which is contrary to the ordinary and personal use of the Website without the express prior authorization from Wikiloc. Likewise, it is prohibited to obtain or attempting to obtain the contents of the Website or the Applications (including User Content, as this term is defined below) using any method or system not expressly authorized by Wikiloc or which is not the ordinary method of accessing the Website.

In any case, it is presumed an abusive and unauthorized use of the service when (i) use of the service exceeds the use of the 99% of users in a specific period and (ii) Wikiloc believes it may affect the quality or safety of the service for other users. Wikiloc will proceed to block access to users who abuse or make an unauthorized use of the service. The possibility to lock out malicious users is the only way to ensure that we can provide a reliable service for all legitimate users.

It is the User’s responsibility to ensure prior to using the Services that the features of the Services meet the User’s needs.

3. REGISTRATION

In order to use certain Services, the User must register by creating a username and password and activating an account. To this end the User must provide a valid email address at which the User will receive notifications related to the Services.

The User agrees to provide the mandatory information which is required for registration and also acknowledges that such information is true, complete and up to date. It is the User’s responsibility to keep such information updated. Should the User provide false, outdated or incomplete information, or should Wikiloc have reason to suspect as such, Wikiloc reserves the right to suspend or cancel the User’s account.

The User must protect and keep confidential the account password without disclosing it to third parties. The User must not allow other Users access through the User’s account nor use the account of another User.

The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he should immediately inform Wikiloc.

Wikiloc may suspend or cancel the account of the User if it considers that the User has not adhered to these Terms.

4. CONTENT

The Services allow Users to:

  1. Create, save or share their Tracks and Waypoints through the Website or the Applications and allow others to follow their tracks and access their location on a map.
  2. Save and publish photos, videos or additional information related to the Tracks and Waypoints either through the Website or the Applications or with links to a third-party such as Panoramio ("Photos and Videos").
  3. Express opinions and comments on Tracks and Waypoints in the Forum ("Comments").

By publishing Tracks and Waypoints, Photos and Videos, Comments or any other information or content ("User Content"), the User agrees to be bound by the following rules:

  1. The User Content must be relevant, without infringing the rights of third parties, the law, or public order and must comply with these Terms. The Users must take into consideration that through the Services he/she may publish User Content in a public forum and thus take responsibility for content saved and published through the Website and the Applications.
  2. The User must be the owner of the intellectual property rights of the shared User Content whether by being the author, original owner or by holding the relevant rights.
  3. Where User Content contains the image, voice or name of another person, or any other confidential or private information, the person in question must have provided authorization to publish such Content.
  4. User Content must not include any advertising or promotional material of any kind, nor be used to distribute advertising material or for commercial purposes.
  5. The User Content must be free from viruses, worms or any other type of destructive code.
  6. The User Content must comply with the conditions and technical requirements set out from time to time by Wikiloc.

Wikiloc only hosts the User Content and therefore Wikiloc does not edit, select, check, control, guarantee, approve or necessarily agrees with the User Content including without limitation, Wikiloc can not guarantee that User Content is accurate, current, legal, suitable for a purpose or for specific Users or that doesn't involve a breach of any applicable law or violation of third party rights, it is the responsibility of the User to ensure that their use does not pose a risk or carrying out an illegal activity. In particular, pursuant to Law 34/2002 on Information Society Services and E-commerce, Wikiloc is a provider of services through the Website and does not supervise the contents of the wiki included by the Users. If you wish to make an enquiry related to User Content or if you believe that the User Content violates any rights or does not meet these Terms, or is inappropriate, you can do so as follows:

  1. If your enquiry relates to a Track or Waypoint, we advise that you use the options available within the Website to contact the author of the relevant Track or Waypoint. The author is the owner and the only person responsible of the User Content and therefore it is the author who must assess your request in relation to a Track or Waypoint. In any case, you may also, at any time, select the option “mark as inappropriate” within the Website and/or include any comment in such Track or Waypoint with the details, information or clarifications that you deem appropriate to warn potential users of such Track or Waypoint of any potential issue; and
  2. In all other cases, by contacting Wikiloc at the email address indicated at the end of these Terms.

Notwithstanding the fact that Wikiloc is not under an obligated to supervise the User Content, Wikiloc may modify or delete (partially or totally) at anytime, any User Content which, Wikiloc deems to have breached these Terms or may be deemed to be offensive, illegal or in violation of the rights of third-parties.

5. RESPONSABILITY

The User acknowledges and accepts that use of the Website, the Applications and the Services is at the User’s own risk and under the User’s responsibility and therefore Wikiloc does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to Wikiloc resulting from the User’s use of the Website, the Applications and the Services in breach of the Terms and accepts to indemnify Wikiloc and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.

Wikiloc does not warrant the availability or continuity of the Website, the Applications or the Services, its accuracy, reliability or completeness, or whether they are fit for a particular purpose. To the maximum extent permitted by applicable law, Wikiloc will not have any liability in this regard.

As way of example and without limitation, Wikiloc shall not be liable for any damages that may result from:

  1. Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not Wikiloc’s responsibility.
  2. Delays or unavailability of the Website, the Applications and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
  3. Third party actions.
  4. Unavailability of the Website, the Applications and the Services due to maintenance or software updates.
  5. Anything which is beyond Wikiloc’s direct control.

SAVE FOR WIKILOC’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE, THE APPLICATIONS AND THE SERVICES IS AT THE USER’S SOLE RISK AND WIKILOC SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE, THE APPLICATIONS OR THE SERVICES.

In accordance with section 4 above regarding the User’s Content, Wikiloc acts exclusively as a provider of a service consisting in allowing the Users to store and publish the User Content through the Website and the Applications. Liability for the storing or publishing in the Website and in the Applications of the User Content or any other information, data, text, software, sound files, pictures, graphics, videos, news or other materials included in the Website, lies exclusively in the User who stores or publishes the relevant content, except in the specific circumstances provided by applicable law.

The insertion of links in the Services does not imply any relationship, recommendation or supervision by Wikiloc of the linked website and accordingly, Wikiloc does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.

6. INTELLECTUAL PROPERTY

All intellectual property rights over the Website, the Applications, the Services, its design, and source code, and all intellectual property rights over any content included in the same (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to Wikiloc.

In particular and without any limitation to the general statement included in the paragraph above, Wikiloc owns the "sui generis" right over the Website and the Applications as a database in its capacity as developer of the Website, as provided in sections 133 and subsequent of the Spanish Copyright Act. By virtue of such "sui generis" right, extracting and/or reusing all or a substantial part (in terms of amount of information or relevance of information) of the Website and Applications content is forbidden and would result in an infringement of Wikiloc’s IP rights. Additionally, extracting and/or reusing of a non-substantial part of the Website’s content repeatedly or systematically is also forbidden, when such actions fall outside the ordinary use of the Website and the Applications authorized by Wikiloc or cause any unjustified damage to Wikiloc’s interest.

The User is only authorized to access and use the Website, the Applications and the Services and to download their content for its personal use. Except when specifically authorized, Users are not allowed to reproduce, transform, make any derivative work, distribute, make available, communicate to third parties, extract, reutilize and/or use the Website or any of its contents.

The User remains as owner of the User Content stored, uploaded or published through the Services as provided under section 4 above. In particular, the User Content stored, uploaded or published by the User in connection with its own Track or Waypoint shall constitute a single content unit, offered only as a whole (except for downloading of tracks and way points to GPS enabled devices), and such User shall own all intellectual property rights derived from it.

The User grants Wikiloc, who accepts, a non exclusive, worldwide license, without consideration, and with the right to sublicense to any third party, for the whole term that the User’s rights over the User Content stored or published on the Website lasts according to applicable legislation, for:

  1. Access, use, storage, reproduction, modification, transformation, update, translation, publication, distribution, deletion, making part or all of the User Content available on the Website, the Applications, the Services or websites operated by third parties with whom Wikiloc agrees the publication of the User Content, such as Google Earth.
  2. The adaptation and creation of derivative works based on or incorporating the User Content.
  3. Using the User Content in connection with other contents.
  4. Carrying out technical and maintenance works necessary for completing any of the above.

The User warrants that it is has all necessary rights over the User Content for storing and publishing through the Services and for the granting of the license referred to above or that it has obtained from the necessary rights, licenses and consents from third parties.

Additionally, when upon registration or at any other time accessing the "your settings page" the User has opted to allow Wikiloc, to publish and use certain of his/her information included in his/her account, then the User authorizes Wikiloc to proceed on the basis of the options marked by the User. The User acknowledges that his/her chosen username will be publicly available in relation to all Users.

7. APPLICATION END USER LICENSE AGREEMENT

Wikiloc only authorizes the User to download and use the Applications in accordance with this license. Wikiloc reserves all rights related to the Applications not expressly granted to the User under this license. The terms of this license will govern any upgrades provided by Wikiloc that replace and/or supplement the original Applications, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Wikiloc grants the User a non-transferable license to download and use the Application, in object code only, in a device used or controlled by the User and only for the purposes and uses allowed in these Terms. This license does not allow the user to use the Applications in any device that User does not own or control.

The User shall not distribute or make the Applications available over a network where they could be used by multiple devices at the same time. The User shall not rent, sell, redistribute, communicate to the public or sublicense the Applications. The User shall not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Applications, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Applications). Any attempt to do so is a violation of the rights of Wikiloc and its licensors.

The User agrees that Wikiloc may collect and use technical data and related information (including but not limited to technical information) about the device of the User, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to the User (if any) related to the Applications. Wikiloc may use this information, as long as it is in a form that does not personally identify the User, to improve its products or to provide services or technologies to the User.

The license is effective until terminated by the User or Wikiloc. User’s rights under this license will terminate automatically without notice from Wikiloc if the User fails to comply with any term(s) of this license. Upon termination of the license, the User shall cease all use of the Applications, and destroy all copies, full or partial, of the Applications.

To the maximum extent permitted by applicable law, the Applications are provided "as is" and "as available", with all faults and without warranty of any kind, and Wikiloc hereby disclaims all warranties and conditions with respect to the Applications, either express, implied or statutory, including, but not limited to, warranties and/or conditions of merchantability, of satisfactory quality or of fitness for a particular purpose. Should the Applications proved to be defective, the User assumes the entire cost of all necessary servicing, repair or correction, to the maximum extent permitted by applicable law.

Conditions for Wikiloc Live Tracking

The User understands through the Live Tracking function they can invite another party to visualize their current track and last known location on a map. On acceptance of the invitation the User will be notified that the invitee “is following you”. The User understands and accepts that Wikiloc does not in anyway guarantee that the invitee continues to follow the User’s location and that the User will not be notified if the invitee ceases to follow you. Likewise the User accepts that the User’s location is approximate in terms of position and time and while Wikiloc endeavors to update the location regularly, Wikiloc cannot be held responsible for the accuracy of the User’s location nor for the availability of third party telecommunication services upon which this functionality relies to transmit data. The Application and Services including without limitation Wikiloc Live Tracking are not a security measure and should not be used for any life or death situations. Further the User accepts and understands the risks associated with sharing their location with other parties.

Conditions for the Wikiloc Offline Maps and its styles ("maps")

We’ve crafted the maps as “Collective/Produced Work” with base data from OpenStreetMap, NASA’s Shuttle Radar Topography Mission (SRTM) and viewfinderpanoramas. Maps are copyright Wikiloc, Map data is copyright OpenStreetMap & contributors, SRTM data is in the public domain and data from viewfinderpanoramas is subject to the “Terms of use” stated in their website.

The maps are free for all Wikiloc users when used in the Wikiloc App. Direct links to the maps on wikiloc servers, bundling the maps with any product or app or any commercial use is forbidden without written permission from Wikiloc.

Specific conditions for Apple devices Applications

This license is concluded between Wikiloc and the User only, and not with Apple. Wikiloc, and not Apple, is solely responsible for the Applications and the content thereof.

The Applications must be used in accordance with usage rules set forth in the App Store Terms of Service (the "Usage Rules").

Wikiloc and the User acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Applications.

Apple is not responsible for any product warranties, whether express, implied or statutory. In the event of any failure of the Applications to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the relevant Application to that User; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Wikiloc’s sole responsibility under the conditions and subject to the limitations set forth in these Terms.

The Parties acknowledge that, to the maximum extent permitted by applicable law and subject to the the limitations stated in these Terms, Wikiloc, not Apple, is responsible for addressing any claims of the User or any third party relating to the Applications or the User’s possession and/or use of those Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Parties acknowledge that, in the event of any third party claiming that the Applications or the end-user’s possession and use of the Applications infringes that third party’s intellectual property rights, Wikiloc, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, under the conditions and subject to the limitations set forth in these Terms.

Apple, and Apple’s subsidiaries, are third party beneficiaries of this license, and, upon the User’s acceptance of the Terms, Apple will have the right to enforce this license against the User as a third party beneficiary thereof.

The User represents and warrants that (i) he/she is not 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; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. The User also agrees that he/she shall not use the Applications for any purposes prohibited by United States law.

8. CHANGES OR CLOSURE OF THE SERVICES

Wikiloc may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website, of the Applications or the Services, cease to provide some or all the services and features available or deactivate and delete all or some of the accounts and their corresponding information. However, Wikiloc will comply with its obligations regarding the keeping of records in relation of certain transactions for the relevant period as provided by applicable law.

9. GENERAL AND CONTACT INFORMATION

Use of the Website, the Applications and the Services is governed by the laws of Spain.

If any provision in these Terms is declared to be invalid or null, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.

Wikiloc is registered in the Commercial Registry of Girona, Volume 2709, sheet 155, page number GI 47726, with tax number B-55022115 and domicile at Parc Cientific i Tecnologic of the Universitat de Girona, Edificio Giroempren – Despacho A2-02, C/Pic de Peguera, 15, Girona, Spain. You may contact Wikiloc in the following email address: .

 

 

Terms & Conditions of sale

These terms and conditions of sale (“Terms”) govern the sale by Wikiloc Outdoor, S.L. (“Wikiloc”) of products and/or services through its store (the “Store”) in the website https://www.wikiloc.com (“Website”) including any sale initiated from any mobile application published by Wikiloc.

These Terms govern the contract between Wikiloc and the individual using the Store (the “User”) for the purchase of products and/or services offered in the Store (the “Products and Services”).

The User undertakes to read these Terms before completing any order through the Store. We assume that by completing the buying process through the Store, the User has read and accepted, without qualification, these Terms.

Wikiloc may modify at any moment these Terms. Each purchase will be governed by the Terms applicable on the date the order was placed. The date at the beginning of these Terms indicates the date in which they were last amended.

Unless it is otherwise expressly stated, these Terms do not limit the Terms of Use of the Website which will also apply to the User. Likewise, in relation to the processing of personal data, the Privacy Policy applies.

These Terms are available in English and Spanish.

1. PRODUCTS AND SERVICES.

Products and Services available for sale are offered through the Store within the Website where all the information about the Products and Services, including their price, will be available.

Wikiloc will decide the range of Products and Services available through the Store at every moment, offering new Products or Services (to which, unless otherwise stated, these Terms will apply) or ceasing to offer any Products or Services.

If the User wishes to acquire a Product or Service, he/she shall simply follow the instructions that will be provided within the Store. Any specific information, term or conditions shown or made available to the User during the purchasing process will apply to that particular transaction.

2. PRICES AND INVOICING

Prices for Products and Services shown in the Store are in euros (unless another currency is specified for a specific transaction) and they are inclusive, when applicable, of the relevant VAT based on the residency of the User and delivery location. Prices are exclusive of delivery costs, that will be payable by the User. Delivery costs for each order are calculated in real time depending on parameters such as weight, size, and delivery address. The User will be informed of the final price including delivery costs (shown separately from the price of the Product or Service), prior to making any payment.

Wikiloc reserves the right to change the prices of the Products and Services at any time. However, Wikiloc will always apply the price in force at the time the order was made by the User.

Before confirming the order and completing the purchasing process, the User will be informed of the final price, including any expenses applicable. Nevertheless, the User will be solely responsible to pay any applicable import duty or tax applicable to the transaction. It is the User’s sole responsibility to understand the import duties and taxes that could be applicable before completing any purchase in the Store.

3. REGISTRATION

To make an order, the User shall log in as a Website user, with his/her user name and password. If the User is not a user of the Website, he/she shall first register with the Website in order to be able to purchase through the Store. Afterwards the User shall provide the additional information requested during the purchasing process such as delivery/invoicing address and tax identification number, as per the instructions that will appear on the screen.

4. PAYMENT

The User may pay the Products and Services he/she wishes to acquire using a Visa or Mastercard credit card or by PayPal. In order to complete the payments the User shall comply with the instructions that will appear on the screen.

If the User pays with credit card, the User will have to provide the credit card details. Credit cards payments are made using "Secure Socket Layer", which encrypts the credit cards details that are transmitted over the internet..

If the User pays by Paypal, he/she shall follow the instructions that will appear on the screen.

The Products and Services will not be dispatched until payment has been received by Wikiloc or the transaction has been duly authorised by the corresponding financial intermediary.

5. CONFIRMATION

Once the order is complete, the User will be provided with a summary of the order so that it can be reviewed before he/she accepts it. Once the order has been accepted by the User, a screen or an email will confirm that the transaction has been processed correctly. Additionally, the User may access the record of transactions completed in the Store by accessing the relevant section of your account at the Store or “your settings” page at the Website.

Likewise, as soon as possible and no later than 24 hours after accepting the order from the User, an email to the email address specified by the User will be sent with a receipt of the transaction completed.

In relation to certain transactions, Wikiloc will send the invoice to the User automatically in an email. In other cases a hard copy of the invoice will be included in the delivered Product. In any other case, any User may request an invoice of any transaction completed in the Store, by contacting Wikiloc at the following email address: .

6. DELIVERY OF PHYSICAL PRODUCTS

Delivery of Products and Services which are physical products (“Physical Products”) will only be available in the countries which are identified as available for delivery during the purchasing process. Orders with delivery address outside those countries will not be accepted. If your country does not appear on the relevant list you may contact us at for further information.

Wikiloc undertakes to deliver Physical Products to the address specified in the order within: (i) thirty (30) calendar days from the date of payment, when at the time the order was made, the relevant Physical Products appeared as “in stock” or similar reference; (ii) sixty (60) days in relation to orders for Physical Products that have been clearly identified by Wikiloc during the purchasing process as Physical Products which are not in stock; (iii) the different term which has been expressly accepted by the User during the purchasing process prior to completing the purchase even if it differs from that set out in (i) or (ii) above for each situation.

If a Physical Product in an order is not delivered within the time limits provided above, the User may withdraw from the contract and request the reimbursement of the amount paid.

Upon receipt of the Physical Product, the User must verify that it is in conformity with his/her order and in perfect condition. If he/she is not satisfied with the Physical Product received or its condition, it is paramount that any objections are included in the delivery note from the carrier company. Additionally, the User shall notify Wikiloc of any incident by email () within 24 hours of receiving the Physical Product.

Wikiloc does not accept any responsibility for delays in delivery or misplacement of Physical Products by any person other than the carrier or the User. Likewise Wikiloc does not accept any liability for any event of force majeure.

7. RIGHT TO WITHDRAW FROM THE CONTRACT

In relation to Physical Products, the User may, for whatever reason and without penalisation, withdraw from the contract within seven (7) business days from delivery of the Physical Product to him/her by returning the Physical Product with which the User is not satisfied to Wikiloc. To this end the User shall notify his/her exercise of the right to withdraw in an email sent to , with the subject “Exercise of right to withdraw”, and indicating in the email his/her intention to return the Physical Product, his/her contact details, and the order reference. Afterwards he/she shall dispatch the Physical Product to Wikiloc’s address (below), together with the invoice for the relevant Physical Product. Any delivery costs incurred in returning the Physical Product will be the User’s sole responsibility. The Physical Product returned must be in perfect condition, in its original packaging, and include all accessories and instruction manuals. The User will be responsible for any damage suffered by the Physical Product during transport to Wikiloc following exercise of the right to withdraw. Once Wikiloc is satisfied that the conditions above have been fulfilled, Wikiloc will proceed to reimburse the price of the Product (without any delivery costs) within thirty (30) days. Payment will be made using the same means of payment that the User used in the first place to acquire the Physical Product.

The right to withdraw will not apply to the services for the search and download of tracks and waypoints from mobile devices through mobile apps, to the extent that the provision of the services starts at the moment the service is acquired. Likewise, the right to withdraw will not apply to: personalised or tailor made Products and Services; Products and Services that by their own nature, cannot be returned or may deteriorate quickly or expire; sound or video recordings, disks or software that have been opened by the User; computer files, provided electronically that can be downloaded or copied immediately for their permanent use.

All of the above is without prejudice to any rights the User may have under Legislative Royal Decree 1/2007.

8. GENERAL AND CONTACT INFORMATION

To the extent permitted by applicable law, the sale of Products and Services shall be governed by the common laws of Spain.

If any provision in these Terms is declared to be invalid or null, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.

Wikiloc is registered in the Commercial Registry of Girona, Volume 2709, sheet 155, page number GI 47726, with tax number B-55022115 and domicile at Parc Cientific i Tecnologic of the Universitat de Girona, Edificio Giroempren – Despacho A2-02, C/Pic de Peguera, 11, Girona, Spain. You may contact Wikiloc in the following email address:

9. SPECIAL CONDITIONS APPLICABLE TO THE WIKILOC INTERACTIVE POINT OF INTEREST SERVICE.

October 2012

1. Scope

These terms (“Terms”) govern the purchase by the user (the “User”), within the website operated by Wikiloc Outdoor, S.L. (“Wikiloc”) at https://www.wikiloc.com (together with all its sub domains, or sections, the “Website”), of the interactive point of interest service published and sold through the Website (“Services”). Contracting the Services allows the User to advertise its products, services and/or activities (“Advertisement”) to the users of the Website.

These Terms apply in addition to the Terms of Use and the Privacy Policy. In case of conflict, and in relation to matters specifically regulated in these Terms, these Terms shall prevail. Additionally, any rights granted to the Website users in the Terms of Use which are consumer’s rights and which cannot be waived by agreement will not apply to the User.

The purchase of the Services by the User implies that he has read, accepted and is fully bound by the latest version of these Terms available at the time of completing the purchase. The Services are not available to individuals acting as final consumers, accordingly by purchasing the Services you acknowledge that you do not qualify as a final consumer. In order to purchase the Services, the User must be a user of the Website and must be fully and duly authorised to represent the business to which the Advertisement refers.

Wikiloc may modify or cease to provide the Services at any time.

The Services will consist of:

The Services are not available and the icon will not be accessible through the Wikiloc apps for mobile devices.

Wikiloc may, at its discretion, offer the User for a limited period of time, a widget that may be inserted in the User’s website, where the GPS tracks which are close to the User’s location will be displayed in a map. The widget is provided “as is” without any warranty of any kind and its use will be subject to the liability limitations set out in these Terms.

2. Personal Data collected during the purchasing process of the Services.

During the contracting process, the User must provide data about the location of its business, name, address, tax identification number, web, contact email, telephone and pictures. The purpose of that information is to: (i) allow the Advertisement to be published and allow the Wikiloc users to contact the User advertising the product, service or activity; and (ii) allow Wikiloc to invoice for the provision of the Services. Contact data included by the User will be available to any Wikiloc user.

The User undertakes to provide the information that is required in order to contract the Services and warrants that the information provided it is true complete and updated.

This information will be added to the rest of the information associated with the User and will be available within his/her Wikiloc profile section under the “your products” subsection, and can be modified whenever the User deems appropriate. Except for the specific provisions included in this section the information provided which qualifies as personal data will be subject to the Privacy Policy.

3. Contracting the Services, payment and invoicing terms.

In order to contract the Services, the User must complete the form available within the relevant section of the Website and follow the steps and instructions therein provided.

The User expressly accepts that Wikiloc will not be under an obligation to disclose the pre contractual information nor the confirmation of the acceptance of the contract referred to in articles 27.1 and 28.1 of Law 34/2002, of 11th July, of the Information Society Services and E-commerce.

Wikiloc will confirm the execution of the contract and the contractual terms applicable by sending an email to the email address provided by the User.

The invoice will be available for download at the User’s profile section within the Website.

Price and means of payment

The price for the Services will be specified in the form displayed during the purchasing process. Except as otherwise stated, the prices shall include VAT depending on the residence and other circumstances of the User. Wikiloc may request the information that it deems appropriate in order to confirm any information which is relevant for the purpose of applying the correct VAT rate on any invoices issued. It is the User’s sole responsibility to understand and settle with the relevant authorities any taxes or duties applicable in its country of residency or origin.

The User may pay for the Services acquired by credit card (Visa or MasterCard) or by Pay Pal.

4. Conditions applicable to Advertisement

The User warrants that the Advertisement:

Wikiloc may, at any time and for whatever reason, eliminate any Advertisement, which, in Wikiloc’s opinion, is contrary to these Terms. However, such possibility does not impose an obligation on Wikiloc to control the Advertisement and therefore it does not limit in any way the warranties granted by the User under this section.

Wikiloc does not warrant in any way that the User will achieve any particular result by using the Services.

5. User’s liability

The User is fully and solely liable for the Advertisement and for any contracts entered into with Wikiloc’s users related to such Advertisement. The User undertakes to indemnify and hold Wikiloc harmless of any expense, costs, liability and loss of any kind (including lawyers fees, even if their participation is not strictly required) incurred by Wikiloc as a result of any claim of a Wikiloc user which acquires the services or products offered by the User in the Advertisement. Likewise, the User will indemnify and keep Wikiloc harmless of any liability resulting from any breach of the warranties over the Advertisement provided by the User or any other obligation of the User under these Terms.

6. Wikiloc liability for the Services.

Without prejudice to the liability limitation set out in the Terms of Use, Wikiloc does not warrant that the Services will be permanently available, safe, free of errors, accurate, reliable, or achieve a specific service or quality level nor does it warrant that any error identified will be remedied.

The User acknowledges and accepts that it is the User’s sole responsibility to confirm, prior to entering into the agreement, that the features of the Services are appropriate to meet the User’s requirements.

Wikiloc’s total liability under the contract with the User is limited to the price received from such User for the Services. EXCEPT IN CASE OF WILFUL MISCONDUCT, WIKILOC WILL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND SUFFERED BY THE USER IN RELATION TO THE SERVICES, EXCEPT IN THE TERMS SET OUT IN THIS CLAUSE.

7. Termination

Wikiloc reserves the right to terminate this agreement and cease to provide the Services if it deems that the Advertisement is, in any way, breaching these Terms. The User accepts that Wikiloc will have no liability for termination of the agreement as provided in this section.

10. SPECIAL CONDITIONS APPLICABLE TO THE WIKILOC TOURIST DESTINATION SERVICE.

March 2013

1. Scope

These terms (“Terms”) govern the purchase by the user who meets the criteria set out in these Terms (the “User”), within the website operated by Wikiloc Outdoor, S.L. (“Wikiloc”) at https://www.wikiloc.com (together with all its sub domains, or sections, the “Website”), of a service whereby Wikiloc sets up, within its Iphone and Android mobile apps (“Applications”), a differentiated and identified section for the User to include its own tracks (“Services”). Contracting the Services allows the User, in the terms provided in these Terms, to advertise and increase the visibility of its tracks to the Applications’ users (“Advertisement”).

These Terms apply in addition to the Terms of Use and the Privacy Policy. In case of conflict, and in relation to matters specifically regulated in these Terms, these Terms shall prevail. However, any rights granted to the Website users in the Terms of Use which are consumer’s rights and which cannot be waived by agreement will not apply to the User to the extent the Users are not final consumers.

In order to be able to purchase the Services, the User shall first comply with all conditions displaying during the purchasing process such as the activities or required legal structure of the User and the requirements regarding the tracks which are the subject of the Advertisement (e.g. minimum number of tracks per section, content required, etc.)

The purchase of the Services by the User implies that he has read, accepted and is fully bound by the latest version of these Terms available at the time of completing the purchase and to any terms displayed during the purchasing process. The Services are not available to individuals acting as final consumers, accordingly by purchasing the Services you acknowledge that you do not qualify as a final consumer. In order to purchase the Services, the User must be a user of the Website.

Wikiloc may modify or cease to provide the Services at any time. In case Wikiloc ceases to provide the Services, the User will not be entitled to any compensation other than receiving back any advance payment made by the User which at the time of cessation has not been spent in the provision of the Services.

The Services will consist of:

The Services are only available and are accessible through the Wikiloc Applications and not available for the Website users.

2. Personal Data collected during the purchasing process of the Services.

During the contracting process, the User must provide additional information to what it is necessary to register as Wikiloc user. For instance: name, address, tax identification number, web, contact email, telephone and/or pictures. The purpose of that information is to allow Wikiloc to manage and invoice for the Services.

The User undertakes to provide the information that is required in order to contract the Services and warrants that the information provided it is true complete and updated.

This information will be added to the rest of the information associated with the User and will be available within his/her Wikiloc profile section under the “your products” subsection, and can be modified whenever the User deems appropriate. Except for the specific provisions included in this section the information provided which qualifies as personal data will be subject to the Privacy Policy.

3. Contracting the Services, payment and invoicing terms.

In order to contract the Services, the User must complete the form available within the relevant section of the Website and follow the steps and instructions therein provided.

The User expressly accepts that Wikiloc will not be under an obligation to disclose the pre contractual information nor the confirmation of the acceptance of the contract referred to in articles 27.1 and 28.1 of Law 34/2002, of 11th July, of the Information Society Services and E-commerce.

Wikiloc will confirm the execution of the contract and the contractual terms applicable by sending an email to the email address provided by the User.

The invoice will be available for download at the User’s profile section within the Website.

Price and means of payment

The price for the Services will be specified in the form displayed during the purchasing process. Except as otherwise stated, the prices shall include VAT depending on the residence and other circumstances of the User. Wikiloc may request the information that it deems appropriate in order to confirm any information which is relevant for the purpose of applying the correct VAT rate on any invoices issued. It is the User’s sole responsibility to understand and settle with the relevant authorities any taxes or duties applicable in its country of residency or origin.

The User may pay for the Services acquired by credit card (Visa or MasterCard) or by Pay Pal.

4. Conditions applicable to Advertisement

The User warrants that the Advertisement:

Wikiloc may, at any time and for whatever reason, eliminate any Advertisement, which, in Wikiloc’s opinion, is contrary to these Terms. However, such possibility does not impose an obligation on Wikiloc to control the Advertisement and therefore it does not limit in any way the warranties granted by the User under this section.

Wikiloc does not warrant in any way that the User will achieve any particular result by using the Services.

5. User’s liability

The User is fully and solely liable for all content published within its section in the Applications. The User undertakes to indemnify and hold Wikiloc harmless of any expense, costs, liability and loss of any kind (including lawyers fees, even if their participation is not strictly required) incurred by Wikiloc as a result of any breach by the User of the warranties over the Advertisement provided by the User or any other obligation of the User under these Terms.

6. Wikiloc liability for the Services.

Without prejudice to the liability limitation set out in the Terms of Use, Wikiloc does not warrant that the Services will be permanently available, safe, free of errors, accurate, reliable, or achieve a specific service or quality level nor does it warrant that any error identified will be remedied.

The User acknowledges and accepts that it is the User’s sole responsibility to confirm, prior to entering into the agreement, that the features of the Services are appropriate to meet the User’s requirements.

Wikiloc’s total liability under the contract with the User is limited to the price received from such User for the Services. EXCEPT IN CASE OF WILFUL MISCONDUCT, WIKILOC WILL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND SUFFERED BY THE USER IN RELATION TO THE SERVICES, EXCEPT IN THE TERMS SET OUT IN THIS CLAUSE.

7. Termination

Wikiloc reserves the right to terminate this agreement and cease to provide the Services if it deems that the Advertisement is, in any way, breaching these Terms. The User accepts that Wikiloc will have no liability for termination of the agreement as provided in this section.