Welcome to BatWinnerApp ("BatWinnerApp", "we", or "us" ) and our Website Terms of Use (these "Terms"). These Terms are important and affect your legal rights, so please read them carefully..
By accessing or using batwinner.app, the BatWinnerApp mobile applications and various related services (collectively, the "Site"), you agree to be bound by these Terms and all of the terms incorporated herein by reference. After reviewing these Terms, please indicate your acceptance by providing information regarding yourself, checking the box, and clicking the "I Agree" button, all at the bottom of these Terms.
These general terms and conditions apply to all websites (hereinafter, the Website), mobile applications (hereinafter, the Application) and/or their local versions, published by BatWinner.
BatWinnerApp (Website and Application)
BatWinnerApp Application and Website is run by BatWinnerApp doo with head offices located at Belgrade Serbia.
These General terms and conditions (the GTC) set the legal framework that governs access and use of the Application and the Website. Access and use of the Application and/or Website’s services requires your acceptance of the GTC in force when you access the Application and/or Website, and which are subject to change at any time by BatWinner doo. In this respect, by accessing and using the Application and/or Website, you are automatically bound by these GTC and any amendments made when you access or use the Application and/or Website, and you accept that this agreement has the same value as an agreement in writing. If you do not agree with the GTC, you cannot access or use the Application and/or Website. Please read these GTC carefully, as well as the Confidentiality Policy, before using the Application and/or Website. We recommend that you read the GTC every time you use the Application and/or Website.
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site or any features provided on the Site.
By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.
These Terms may be revised at any time for any reason, and BatWinnerApp may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Site by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site.
The BatWinnerApp Application is a mobile app that allows you to identify the points of interest (POI) - for example service stations, roadside restaurants, parking areas – and to access a POI database on a given map.
The Application has other features: (i) access to News, (ii) export the GPS coordinates of a POI to a navigation application and/or website, (iii) access to POI profiles in the database to view and modify them, (iv) claim a location as your own, (v) review or comment on a POI, (vi) share your position via social media.
These features are only available to users who create a personal account in the Application.
The Website is available to all users. It contains sections that present the Application and the points of interest as well as access to owner accounts (available if you create a personal account in the Application).
The Application can be downloaded from Google Play and Apple Store.
To benefit from our services, you need to create a personal account.
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the BatWinnerApp logo and all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 6), other files and the selection and arrangement thereof (collectively, "Content") are the property of BatWinnerApp or our licensors or users, as applicable, and are protected by Swedish. and international copyright and other laws.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.
Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of BatWinnerApp or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
Authorised use: If you agree to and comply with these GTC, and unless we terminate them, we grant you the non-exclusive, non-transferrable, free and revocable right to access the Application and/or Website and use it in compliance with these GTC strictly for personal use.
Availability and accessibility: We strive to make the Application and/or Website accessible at all times, but we cannot guarantee service at all times without fault.
We reserve the right to modify all or part of the Application and/or Website at any time, including and without limitation, the right to delete, modify and/or alter components, characteristics and features of the Application and/or Website.
You acknowledge that you can only use the Application or Website if your device is connected to the internet. Internet connection costs incurred by using the Application and/or Website are subject to the general terms and conditions of your internet access supplier. You also understand the risks inherent in using the internet, notably including the fact that the Application and/or Website may be temporary unavailable, the risks regarding confidentiality and those affecting transmitted data, virus attacks, etc.
Without prejudice to our rights or remedies, we reserve the right to temporarily or definitively suspend your access to the Application and/or Website at any time without notice if you breach any of the provisions of these GTC.
If we feel that you have made illegal and/or unauthorised use of the Application and/or Website, we reserve the right to take any measures necessary, including terminating the contract without notice and, for illegal use, to take legal action.
The BatWinnerApp logo, and any other BatWinnerApp product or service names, trademarks, logos, or other indicia ("Marks") that may appear on the Site are the property of BatWinnerApp or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of BatWinnerApp or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.
The GTC apply as long as you use the Application and/or Website. We may terminate these GTC at any time and prevent you from accessing the Application and/or Website. If these GTC are terminated for any reason, the rights you have been granted through these GTC will also be terminated and you will no longer be authorised to use the Application and/or Website.
The Application and/or Website and their content are protected by intellectual property rights, in particular royalties and copyright, which remain the exclusive property of our licensors and/or ourselves. These GTC must not be interpreted as transferring ownership of the Application and/or Website to Users. All the rights relevant to the Application and/or Website that are not expressly granted to Users are reserved for us.
The Application and/or Website may feature content created by user (CCU) or third parties, in particular addresses, opening hours, and services. We cannot be held liable for this content, and do not necessarily share the opinions expressed by those who publish the content. You alone are responsible for your CCU and can be held legally liable for it.
The content created by third parties is the responsibility of those parties and their accuracy and integrity cannot be guaranteed. You acknowledge that by allowing you to view and publish content on the Application and/or Website, we accept no liability or responsibility for that content.
BatWinnerApp doo and its directors, employees and shareholders are not obliged to monitor inappropriate or illicit content on the Application and/or Website, and are not responsible for the aforementioned content in any way. This notwithstanding, we reserve the right to block or delete content at any time.
Users are required to publish only licit content that does not breach or limit any rights. In relation to each of your publications, you guarantee that you have all the necessary licenses, rights, consent, and permissions to use and authorise BatWinner to use all copyrights, tradenames, and other property rights for those publications and you have the written consent or permission of all identifiable individuals for each publication, to use the name and image of the individuals in each publication, in accordance with the GTC.
As such, you agree to refrain from the following: submitting content protected under copyright, or trademark or any other property rights, in particular intellectual property and personality rights, unless you hold those rights or have obtained the consent from the holder of those rights to publish the content and grant us the rights mentioned above; publish fake or misleading content that could cause damage to us or to third parties; submit content that is illicit, immoral, obscene, defamatory, threatening, pornographic, paedophile, revisionist (denying the existence of the Holocaust), intimidating, hateful, racist, abusive, inciting political, racial or xenophobic violence, breaching any laws, or otherwise inappropriate; or publish advertisements or commercial canvassing. If you submit multimedia content, BatWinnerApp doo will not publish them elsewhere, except according to the conditions of these GTC, without your consent. Nevertheless, other users may copy or download the content published on the Application and/or Website.
All unauthorised use of the Application and/or Website may result in legal action for damages and interest and/or lead to penal punishment.
BatWinnerApp doo, its directors, employees, and service providers cannot be held liable for any loss or damages resulting from or relating to your use of the Application and/or Website or any information, service or content on the Application and/or Website.
You will be held liable for any damages we incur resulting from you breaching these GTC. You agree to compensate and release BatWinnerApp doo, its directors, employees, shareholders, licensors and insurers of any responsibility for losses, expenses, damages and fees, including reasonable legal fees resulting from your breach of these GTC.
The Application and/or Website is offered "as is", with no guarantee. We cannot guarantee that the Application and/or Website and content will comply with your needs is free of errors or omissions will always be available and accessible uninterrupted. We reserve the right to correct all errors or omissions on the Application and/or Website.
Access to the Application and/or Website is granted on a temporary basis. We can suspend, withdraw, interrupt or modify all or part of the Application and/or Website at any time and without notice. You agree that BatWinnerApp doo cannot be held liable for these suspensions, modifications, or interruptions to the Application and/or Website.
Risks related to using the internet. It is expressly reminded that the internet is not a secure network. We cannot be held liable for any viruses or intrusions by third parties into your device's system, and decline all responsibility for the consequences of your access to the Application and/or Website which cannot be attributed to us.
In particular, we cannot be held liable for any damages for which we are not responsible, caused to your IT equipment and data stored on it, as well as the result of any personal or professional activity.
You are responsible for taking all the appropriate measures to protect your devices and the data stored on them against attacks. You agree that you use the Application and/or Website at your own risk.
Malfunctioning of the internet. We decline all responsibility for malfunctioning of the internet, telephone lines, and other equipment preventing access to the Application and/or Website.
Links to third-party websites. The Application and/or Website may contain links to third-party websites over which we have no control. We are not responsible for the confidentiality and content of these websites.
Whenever you access and use the Application and/or Website, within all legal limits we may collect the personal data that you provide (e.g. your name, email address, telephone number, etc.) or generated by accessing and using the Application and/or Website. For more information on how your personal data is used, please consult our Confidentiality Policy.
BatWinnerApp is committed to processing and protecting the personal data collected through the Site when you use the Site in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data, including, if applicable to you, the European Union General Data Protection Regulation. BatWinnerApp's policy is to retain personal data necessary to provide our services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to "unsubscribe" from further messages from us. This policy applies to personal data that you or others provided to us and personal data generated or inferred from your use of our services. When BatWinnerApp is the data controller, we will decide how your personal data is processed and for what purposes.
Where BatWinnerApp has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Untappd may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.
We implement a number of security features to help guarantee and ensure to the greatest extent possible that your information is safe. We use industry standard technologies when transferring and receiving user data exchanged between BatWinnerApp and third parties to ensure its security. User data may be stored on servers maintained by our third party partners and subject to their security safeguards which are periodically audited, with certifications from accreditation bodies across geographies and verticals. All financial transactions are made securely.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about BatWinnerApp, the Site or the services (collectively, "Feedback"). Feedback is non-confidential and shall become the sole property of BatWinnerApp. BatWinnerApp shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by BatWinnerApp. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. BatWinnerApp reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by BatWinnerApp. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
You shall indemnify, hold harmless, and, at BatWinnerApp's option, defend BatWinnerApp from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred by BatWinnerApp resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site, any User Content that you Transmit to or through the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or any of its features. You further agree that BatWinnerApp shall have control of the defense or settlement of any third party claims, unless BatWinnerApp exercises its option to require you to defend BatWinnerApp. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and BatWinnerApp.
We may update these GTC and modify them at any time to take effect in the future alone. We will inform you of any substantial modifications by placing a visible notification on the Application and/or Website. You will be considered to have agreed to the modified GTC if you continue to use the Application and/or Website. If you do not agree with the modifications or adaptations made to the GTC, you cannot access or use the Application and/or Website.
These GTC form the entire agreement between us with regards to the use of the Application and/or Website, and replace any other communication or advertisements relating to the Application and/or Website. The GTC coexist with and do not replace our Confidentiality Policy.
If one or more of the stipulations of these GTC are declared invalid, in whole or in part, this has no effect on the validity of all other stipulations.
If you or we do not exercise a right resulting from the Application and/or Website, these GTC will not under any circumstances be considered as a renunciation of the exercise of that right.
Nothing in these GTC can be interpreted as directly or indirectly giving third parties any benefit or right to act against us and the third parties are not authorised to oppose us with regards to any of the stipulations of these GTC.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to BatWinnerApp at the following contact: . Any notices to you may be made via either e-mail or postal mail to the address in BatWinnerApps records or via posting on the Site. Please report any violations of these Terms to BatWinnerApp at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.
BatWinner's copyright agent for notice of claims of copyright infringement can be reached as follows:
BatWinner
Ulica
Grad
Serbia
email
These Terms constitute the entire agreement between you and BatWinnerApp relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of BatWinnerApp. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and BatWinnerApp's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.