BITERUNNER TERMS AND CONDITIONS

 

Introduction

These terms and conditions govern your use of website, known under its URL http://www.biterunner.com, hereinafter referred to as ‘website’ or the BiteRunner mobile phone app, hereinafter referred to as ‘BiteRunner App; by using this website or BiteRunner app, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or BiteRunner app .

This website or BiteRunner app uses cookies. By using this website or BiteRunner app and agreeing to these terms and conditions, you consent to the use of cookies by BiteRunner.

License to use website or BiteRunner app

Unless otherwise stated, BiteRunner and/or its licensors own the intellectual property rights in the website or BiteRunner app and material on the website or BiteRunner app . Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website or BiteRunner app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website or BiteRunner app (including republication on another website or BiteRunner app );
  • sell, rent or sub-license material from the website or BiteRunner app ;
  • show any material from the website or BiteRunner app in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website or BiteRunner app for a commercial purpose;
  • edit or otherwise modify any material on the website or BiteRunner app ; or
  • redistribute material from this website or BiteRunner app except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed.

Acceptable use

You must not use this website or BiteRunner app in any way that causes, or may cause, damage to the website or BiteRunner app or impairment of the availability or accessibility of the website or BiteRunner app; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website or BiteRunner app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website or BiteRunner app without BiteRunner’s express written consent.

You must not use this website or BiteRunner app to transmit or send unsolicited commercial communications.

You must not use this website or BiteRunner app for any purposes related to marketing without BiteRunner’s express written consent.

 

Restricted access

Access to certain areas of this website or BiteRunner app is restricted. BiteRunner reserves the right to restrict access to other areas of this website or BiteRunner app, or indeed this entire website or BiteRunner app, at BiteRunner;s discretion.

If BiteRunner provides you with a user ID and password to enable you to access restricted areas of this website or BiteRunner app or other content or services, you must ensure that the user ID and password are kept confidential.

BiteRunner may disable your user ID and password in BiteRunner’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or BiteRunner app , for whatever purpose.

You grant to BiteRunner a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to BiteRunner the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or BiteRunner or a third party (in each case under any applicable law).

You must not submit any user content to the website or BiteRunner app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

BiteRunner reserves the right to edit or remove any material submitted to this website or BiteRunner app , or stored on BiteRunner’s servers, or hosted or published upon this website or BiteRunner app .

Notwithstanding BiteRunner’s rights under these terms and conditions in relation to user content, BiteRunner does not undertake to monitor the submission of such content to, or the publication of such content on, this website or BiteRunner app .

No warranties

This website or BiteRunner app is provided “as is” without any representations or warranties, express or implied. BiteRunner makes no representations or warranties in relation to this website or BiteRunner app or the information and materials provided on this website or BiteRunner app .

Without prejudice to the generality of the foregoing paragraph, BiteRunner does not warrant that:

  • this website or BiteRunner app will be constantly available, or available at all; or
  • the information on this website or BiteRunner app is complete, true, accurate or non-misleading.

Nothing on this website or BiteRunner app constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

BiteRunner will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or BiteRunner app :

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if BiteRunner has been expressly advised of the potential loss.

  • Personal Safety Notice
    You understand and agree that all your sports / physical activities using the Biterunner services may have inherent, implicit and / or expressed risks of bodily injury or death and / or property damage.
  • You understand and agree that you voluntarily and at your own free will assume all known and unknown risks associated with such sport activities and preparing food even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of BiteRunner or others.
  • You understand and agree that BiteRunner will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services, including but not limited to featured, official or User created recipies, training schedules or any event that utilizes BiteRunner’s Services; Irrespective of any information or Content related to the Services, BiteRunner encourages you to always put safety first, follow applicable traffic regulations, do not change settings on your Device and / or the Software while in motion or in unsafe areas and always be due diligent when exercising.
  • You understand and agree that you download or otherwise obtain the Services at your own risk, and will be solely responsible for your use and any damage to your mobile Device, computer system or other device by which you access the Services, loss of data or other harm of any kind that may occur as a result there of.

Reasonableness

By using this website or BiteRunner app, you agree that the limitations of liability set out in this website or BiteRunner app disclaimer are reasonable.

If you do not think they are not reasonable, you must not use this website or BiteRunner app .

Other parties

You accept that, as a limited liability entity, BiteRunner has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against BiteRunner’s officers or employees in respect of any losses you suffer in connection with the website or BiteRunner app.

You agree that the limitations of warranties and liability set out in this website or BiteRunner app disclaimer will protect BiteRunner’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BiteRunner.

Unenforceable provisions

If any provision of this website or BiteRunner app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website or BiteRunner app disclaimer.

Indemnity

You hereby indemnify BiteRunner and undertake to keep BiteRunner indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BiteRunner to a third party in settlement of a claim or dispute on the advice of BiteRunner’s legal advisers incurred or suffered by BiteRunner arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to BiteRunner’s other rights under these terms and conditions, if you breach these terms and conditions in any way, BiteRunner may take such action as BiteRunner deems appropriate to deal with the breach, including suspending your access to the website or BiteRunner app, prohibiting you from accessing the website or BiteRunner app , blocking computers using your IP address from accessing the website or BiteRunner app , contacting your internet service provider to request that they block your access to the website or BiteRunner app and/or bringing court proceedings against you.

Variation

BiteRunner may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website or BiteRunner app from the date of the publication of the revised terms and conditions on this website or BiteRunner app . Please check this page regularly to ensure you are familiar with the current version.

Assignment

BiteRunner may transfer, sub-contract or otherwise deal with BiteRunner’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and BiteRunner in relation to your use of this website or BiteRunner app, and supersede all previous agreements in respect of your use of this website or BiteRunner app .

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Netherlands, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of The Netherlands.

Registrations and authorisations

BiteRunner is registered as a Ltd. trading corporation in Netherlands (EU), also trading under the name Domus Technica BV.

BiteRunner’s details

The full name of BiteRunner is BiteRunner.com, also trading under the name Domus Technica BV.

BiteRunner.com

Van Pallandtstraat 63

6814 GN Arnhem

The Netherlands

 

You can contact BiteRunner by email to [email protected]

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.