Cyclewayz App Terms and Conditions of Use
TERMS AND CONDITIONS
- Disclaimer
The content of this App is provided for information purposes only. There is no guarantee that the information contained in this App has not changed since the time that it was originally gathered. This App is intended to supplement your ride and should not be used as a sole alternative to carrying a paper map or guide. No claim or warranty is made as to the accuracy or reliability of the information in this App. We do not accept any liability to any person for the information or advice (or the use of such information or advice), which is provided in this App or incorporated into it by reference. The information on this App is provided on the basis that all persons accessing the ride undertake responsibility for assessing the relevance and accuracy of its content.
Insofar as is permitted by law we do not accept any liability to any person in reference to using this App or responsibility for any loss (whether direct or consequential), claim, damage to equipment, or persons including any injury or death and you agree to indemnify Active Wayz Pty. Ltd. (Active Wayz) in respect to any such loss, damage, claim, injury or death.
- Copyright
Other than the use intended by the App the photographs, route descriptions or any other proprietary information in this App may not be reproduced or used without prior written permission of the copyright holder.
- Safety
We recommend you read the Ride Safely information section found in this App.
- Privacy
We know that your privacy is important to you, so your privacy as you use our App is very important to us. Refer to the “Cycle Wayz and Australian Cycling Holidays Privacy Policy.
- Personally Identifiable Information
In using the App we may be provided with personal information. In order to maintain and improve the App, we may gather some statistical data when you use the App. The exact information we collect may vary. We do not associate this statistical information with your personally identifiable information.
- How We Use Collected Information
We do not rent, sell, transfer or otherwise disclose your personally identifiable information to any third party, except as expressly stated below. As noted, we gather the information discussed above for purposes of providing and improving the App. For example, we may use the information to communicate with you about updates and new features, among other things.
We may employ other companies to perform functions on our behalf, such as providing customer service, sending mail, or other functions necessary for us to provide services to you. We may need to share your personally identifiable information with these companies. However, we will provide them with only the information necessary to perform their functions, and will not allow them to use that information for any other purposes.
In the interest of enhancing our service, we may form partnerships with other services. Some of these partnerships may include the sharing of some of your personal information with our partners in order to extend these services to you. We require that our partners respect your privacy and not disclose your information to other organisations without your consent, but beyond that, our partners’ use of your information is governed by their privacy policies.
If we are asked by subpoena or other legal means to disclose any of your personally identifiable information we will only provide information required by law. We will, if permitted by law, attempt to notify you before we respond to the request.
We may transfer any information, including any personally identifiable information, in connection with a sale of all or most of the assets of the company.
- Changing Your Information
You can change your information by contacting us at contact@activewayz.com .
- Australian Consumer Warranties
If this Agreement constitutes a supply of goods or services to a consumer pursuant to relevant legislation in force in Australian States or Territories (“the Acts”) nothing contained in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy pursuant to which the Acts are applicable or is conferred on the consumer where to do so is unlawful, in which event Active Wayz’s liability (or the liability of any of its affiliates) for any breach of this Agreement, including any liability for consequential loss which the Client may suffer or incur will be limited as Active Wayz may elect in its sole discretion, in the case of services supplied or offered by Active Wayz, to either
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again
- Viruses and/or Bugs
Active Wayz uses its best endeavours to minimise viruses and bugs from infiltrating the App, however from time to time the App may be affected by viruses or bugs. Active Wayz accepts no responsibility for any damage or loss whatsoever which may be caused in relation to same.