End user licence for Péago
Scope of licence
Mufort BV hereby grants the lawful acquirer of Péago (“You”) a right of use for this App. This licence is personal. The App may only be used on the device on which the App has been downloaded and installed.
The purpose of the App is to provide a service which supports travelling on toll roads in France. Users are naturally free to use Péago as they wish within the constraints of these terms and conditions and the law. The user is required to handle the App in such a way that its use does not cause any inconvenience or danger to himself/herself or others, and in such a way that it does not inconvenience or endanger other road users.
It is prohibited
- to reverse engineer the source code of the App or to decompile the App, unless permitted under any mandatory legal provision or applicable open source licence;
- to make a copy of the App available to any third party;
- to sublicense the App or make it available to any third party by means of leasing, Software-as-a-Service constructions or otherwise;
- to modify the App, unless permitted under any mandatory legal provision;
- to remove, delete or render illegible any designations of Mufort BV as the party holding rights to the App or parts thereof.
You may make a back-up copy of the App. However, you may not independently use or trade in or (re)distribute this back-up copy other than in combination with the original App.
All rights to the App, the accompanying documentation and all modifications and extensions thereto as well as enforcement thereof are and remain vested in Mufort BV. You are granted solely the user rights and authorities and/or permissions ensuing from the effect of this agreement or which are assigned in writing, and you may not otherwise use, reproduce or publicly release the App.
The App contains open source software of third parties. Their respective right holders grant you a right of use under the relevant open source licences. These can be found in the manual.
This end user licence does not apply to these open source packages, and nothing in this end user licence may be construed as a restriction of any right granted to you under an open source licence.
A one-off payment is due on acquisition for the right of use.
You have the possibility to make purchases in the App. Mufort BV relies on the payment system of Apple’s App Store, Google Play and Windows Store, including the underlying payment systems of credit card providers, etc., to enable in-app purchases. Mufort BV is not obliged to effect in-app purchases until this payment system has confirmed payment. You acknowledge that there is no right to cancel an in-app purchase under the Distance Selling Act (Wet Koop op Afstand).
In-app purchases may be intended to expand the functionality of the App. These so-called ‘upgrades’ can be used once only.
The Dutch text of this end user licence takes precedence. Translations of this end user agreement are provided for your convenience only.
Once you have acquired the right to use this App, it will contain the most recent toll charges. New toll charges will be set each calendar year, however. In order to allow continued optimum use of the App, the new toll charges will be made available in the form of an update and against payment.
Mufort BV additionally releases updates from time to time which can rectify errors or improve the functioning of the App. Available updates for the App will be announced by means of notification through Apple’s App Store, Google Play and/or Windows Store, and it is your sole responsibility to monitor these notifications and keep informed about new updates. The updates will also be carried out via this platform; this requires an active internet connection.
You must give separate approval for installation of any updates. Péago relies on the availability of Apple’s App Store, Google Play and Windows Store, over which Mufort BV has no control, for the correct installation of updates. Mufort BV is neither responsible nor liable for the correct installation of updates. Mufort BV is not liable for any loss and/or damage due to errors that have been rectified in an update not installed by you.
An update can stipulate conditions which differ from the provisions in this agreement. This will always be notified to you in advance so that you have the opportunity to refuse the update. By installing such an update, you agree to these deviating conditions, which will then form part of this agreement.
You are responsible yourself for installing and commencing use of the App and the associated web service.
You can provide feedback on the App via Apple’s App Store, Google Play and/or Windows Store, after which Mufort BV will assess whether support is required and contact you, if necessary.
Warranties and liability
Mufort BV guarantees that Péago does not contain any viruses, backdoors or malicious routines; that Péago does not infringe any third-party rights (such as copyrights), which excludes infringements caused by specific use of the App; it will endeavour to investigate any errors or defects reported in the App and repair them or release a workaround for them as quickly as possible (Mufort BV may postpone the repair of defects or errors with a limited impact until the next scheduled update); but makes no guarantees or promises beyond this.
To the extent permitted by law, Mufort BV provides no guarantee that the App will function without error or defect. Mufort BV relies in this respect on services provided by third parties, over which it has no influence or control. When using the App, you acknowledge that errors may occur which are caused by local setting errors and/or errors in the supplied third-party data, including but not confined to errors in toll charges, the road network and loaded points of interest (POI). In particular, although not exclusively, Mufort BV accepts no liability or responsibility for any form of loss and/or damage caused by the aforementioned errors. Nor is Mufort BV liable or responsible for the content of websites and services of third parties, for links in the websites and services of third parties or for changes to or updates of websites and services of third parties, to the extent permitted by law. Mufort BV only offers these links and access to websites and services of third parties for your convenience.
If Mufort BV fails to comply with the aforementioned guarantees, you may report this to the provider of the platform where you acquired the App. While these providers are not liable for any failure by Mufort BV to comply with the guarantees or the functioning otherwise of the App, they can have the purchase amount of the App reversed.
Unless in the event of wilful misconduct or gross negligence or non-compliance with a guarantee provided above, Mufort BV is not liable toward you, on whatever ground, for any loss and/or damage in connection with Péago.
Mufort BV accepts no liability in the event the loss and/or damage is not reported to Mufort BV within due time following its discovery. Mufort BV furthermore accepts no liability in the event the loss and/or damage is due to force majeure.
The App communicates online with a server controlled by a third party for updates of the toll charges so that it can provide these to You. Mufort BV endeavours to ensure these updates are made available, but has no influence or control over the availability of the server and is therefore unable to provide any guarantees in that regard. Mufort BV therefore accepts no liability or responsibility for any failure to communicate with the server concerned, or any failure to make timely or proper communication with the server concerned, as well as for any data that are lost, to the extent permitted by law. From time to time, updates may be carried out on the server, which can result in the server being temporarily unavailable. Mufort BV will do its best to inform you in advance in such case.
Mufort BV accepts no liability in the event this is directly or indirectly attributable to the incorrect functioning of Apple’s App Store, Google Play and/or Windows Store.
Term of the agreement
This agreement comes into effect on commencement of the use of the App and will remain in force for an undetermined period from that moment.
The agreement may be terminated by you as well as by Mufort BV at any moment, subject to one month’s notice. This agreement will end by operation of law in the event you are declared bankrupt, you apply for a moratorium on payments or a general attachment is levied against your assets, in the event of your death, or in the event you go into liquidation, are wound up or dissolved.
Following the termination of this agreement (for whatever reason), you shall cease and desist from all further use of Péago. You must then delete all copies (including back-up copies) of Péago from all your systems.
This end user agreement shall be governed by and construed in accordance with Dutch law.
By using the App, you indicate that you do not live in a country that is subject to a US embargo or in a country that has been designated by the US as a country which supports terrorist activities, and you indicate that your name does not appear on any list of parties proscribed by the US. To the extent not otherwise prescribed by rules of mandatory law, any dispute that may arise in connection with this agreement will be submitted to the competent Dutch court for the district in which Mufort BV has its registered office.
If any provision in this agreement proves invalid, this will not affect the validity of the agreement as a whole. In that case, the parties will decide on a new replacement provision or provisions which will be in line with the intention of the original agreement as far as is legally possible.
Mufort BV may transfer its rights and obligations under this agreement to a third party acquiring the respective business operations or the copyright to Péago from it.
8212 BJ LELYSTAD
Tel: 0031 647900332
CoC reg. no.: 32634313
VAT reg. no.: 18.104.22.168B01
Bank: NL82 KNAB 0722 9047 03