General terms and conditions

General terms and conditions for consumers, users of the website and apps

Thank you for using our products and services.

The services on Fietsnetwerk.nl are provided by Efita B.V., based in Harderwijk, Ceintuurbaan 2-130A, 3847 LG, the Netherlands.

By using our products and services, you explicitly agree to these terms and conditions. You are advised to read the stated terms and conditions carefully.

You can use the services offered on all expressions of Efita B.V. in different ways: you can search for information, share information with other people and you can adapt and create your own content.

When you share data with us in this process, we can improve our services: you will see more relevant search results and advertisements, and the sharing of your specific content becomes faster.

It is also important that you take note of the privacy and cookie policy, as well as the disclaimer and copyright statement of Efita B.V..

Article 1 Definitions

1.1 General Terms and Conditions: these General Terms and Conditions, irrespective of the form in which they are made known.

1.2 User or consumer: the legal entity or natural person making use of the service of Efita B.V., hereafter referred to as: user. The user has thereby entered into a non-transferable agreement with Efita B.V.

1.3 Service: all work and activities that are the subject of the Agreement.

1.4 Intellectual Property Rights: all rights of intellectual property and related rights, such as copyright, trademark rights, design rights, trade name rights, database rights and rights to know-how.

1.5 Failure: the failure in a material sense of the service to meet the functional specifications set out in the agreement.

Article 2 General provisions

2.1 These general terms and conditions are applicable to all offers and agreements, concerning delivery by Efita B.V. of services to the user, regardless of whether these are made or concluded orally, in writing, electronically or in any other form.

2.2 If any of the provisions of these general terms and conditions are null and void or annulled, the remaining provisions of these general terms and conditions will remain in full force and effect.

2.3 Once these general terms and conditions have applied to a legal relationship between Efita B.V. and the user, the user will be deemed to have agreed in advance to the applicability of the general terms and conditions to agreements concluded and to be concluded thereafter.

2.4 Efita B.V. is entitled to amend the general terms and conditions. The amendment will be notified to the user via the website of Efita B.V. or by other means.

2.5 Efita B.V. is at all times entitled to refuse a user or his material on the Services, without this giving rise to any right of participant to compensation towards Efita B.V.. In doing so, Efita B.V. is not obliged to state its reasons in this regard.

Article 3 Performance of services

3.1 Efita B.V. cannot guarantee that no failures will occur. Efita B.V. will do its utmost to remedy the faults with consideration.

3.2 Efita B.V. is entitled to take the service out of operation in order, for example, to improve and adapt the service to the current state of the art and developments in the market, without the User being entitled to any right to compensation or dissolution.

3.3 Efita B.V. has the right to change the requirements and (technical) specifications during the term of the agreement, partly due to the fact that the online possibilities are strongly influenced by the technological progress in the field of software, data and infrastructure for the distribution of content.

3.4 Efita B.V. is entitled to make use of the services of third parties for the implementation of the service.

Article 4 Cooperation by user

4.1 Some of our Services explicitly allow you to add content. User will, as far as reasonably necessary, cooperate in the execution of the agreement.

4.2 User will always comply with any guidelines for the use of the Services provided by Efita B.V. or published on the Efita B.V. website.

4.3 If login details are used by the user as part of the service, the user is liable for using the services of Efita B.V. via his login details.

Article 5 Fee and payment

5.1 User may owe agreed fees for the use of certain services and products. All fees due are, unless explicitly stated otherwise, stated in euros, including VAT and other levies.

5.2 The fees may consist of amounts due once, amounts due annually or otherwise periodically and amounts that depend on the use of the services.

Article 6 Intellectual Property Rights

6.1 The intellectual property rights relating to the Service (including the website and the applications as well as the content thereon) and all results thereof shall remain vested in Efita B.V. During the Agreement, Efita B.V. grants the user the non-exclusive and non-transferable right to use the Service (including the website and the applications as well as the content thereon) for the agreed purpose.

6.2 The intellectual property rights to all materials made available to Efita B.V. by the user under the Agreement (including but not limited to photographic material and other content) will remain vested in the user.

6.3 User grants Efita B.V. the unrestricted right to use these materials within the framework of the performance of the agreement (this includes but is not limited to reproduction, modification or disclosure) whereby Efita B.V. explicitly obtains a worldwide and perpetual "licence free of charge" from the user to use, host, store, reproduce, adapt, create derivative (commercial) works from, communicate, publish, publicly perform, publicly display and distribute such content. Efita B.V. has a worldwide and perpetual "licence for no consideration" to employ and continue to use such content without obligation even after termination of the Agreement.

6.4 The User warrants that the materials made available by it do not infringe any intellectual property rights of third parties and that it is entitled to make such materials available to Efita B.V.. The User fully indemnifies Efita B.V. against all claims and demands for damages from third parties in this respect and also indemnifies Efita B.V. against all costs and expenses incurred by it in connection with these claims and demands.

6.5 The user is not allowed to remove or change any indication concerning copyrights, brands, trade names or other intellectual property rights of Efita B.V. or its licensors.

6.6 The User is not entitled to transfer its rights or obligations under the Agreement to third parties or to grant third parties the right to use the Agreement, unless Efita B.V. has given its express written consent to do so.

6.7 We respond to notifications of alleged copyright infringements and terminate accounts of persons who repeatedly infringe copyrights. We provide information to help copyright holders manage their intellectual property online. If you believe someone is infringing your copyright, you can report it to: support@fietsnetwerk.nl

6.8 All rights of use granted by Efita B.V. to user under the Agreement will expire at the end of the Agreement.

Article 7 Warranties and liability

7.1 Efita B.V. will always endeavour to perform the service to the best of its ability. We provide our Services with a commercially reasonable degree of skill and care.

Other than as expressly set out in these terms and conditions, Efita B.V. makes no specific promises for the Services. For example, we make no promises about the content in the Services, the specific functionality of the Services and the reliability, availability or ability of the Services to meet your needs.

7.2 We provide the Services as is ("as is"). To the extent permitted by law, we exclude all warranties. In particular, Efita B.V. does not guarantee that: the service will work uninterrupted; the service will be free of viruses, defects and/or malfunctions; that defects or malfunctions can be remedied (in a timely manner); that third parties will not (will not) use the systems required for the service unlawfully.

7.3 Our Services display certain content that is not owned by Efita B.V. The entity making the content available is solely responsible for that content. We cannot review content to determine whether it is illegal or violates our policies and we may remove or not display content that we have reasonably determined violates our policies or the law. However, this does not necessarily mean that we review the content. Therefore, please do not assume that we do so.

7.4 Efita B.V. is further not at all liable for omissions or outright errors in any data such as, and not limited to: name and address data, texts, photographs, route points, route routes, cartographic (sub)grounds, roads, cycle paths and footpaths as well as all other (road) structures partly because this data is created by third parties and may or may not be correctly distributed or made freely available to Efita B.V.

7.5 Efita B.V. is not liable for damages to third parties caused by materials placed by third parties (participants, partners and consumers et cetera) with copyright protection on Efita B.V. in any way.

Naturally, Efita B.V. will remove the relevant materials from the website in the event of proven copyright or other infringements.

7.6 Efita B.V. is not liable for any damages suffered by the User. Any liability of Efita B.V. for indirect damages, including and not limited to consequential damages is excluded.

Article 8 Suspensions, additions, deletions and limitations

8.1 Efita B.V. is entitled to suspend the performance of the agreement, in whole or in part and without giving reasons.

8.2 We are constantly adjusting and improving our Services. We may add or remove functions or features. We may also suspend or even discontinue a service completely. You can stop using our Services at any time, but we would be sorry if you left us.

8.3 Efita B.V. may also at any time discontinue the provision of Services to you or add or set new restrictions on our Services.

Article 9 Duration of the Agreement

9.1 The Agreement is entered into for an indefinite period, one year or one month, depending on the form of participation chosen by the user.

9.2 The user has the right to terminate the agreement by unsubscribing. The notice period for the agreement is monthly or annual, depending on the form of participation chosen by the user. For annual participation, the user will receive an e-mail with the option to terminate the agreement one month in advance.

9.3 Efita B.V. reserves the right at any time and without giving reasons to terminate the agreement with immediate effect or to dissolve it out of court, without being liable for damages and without prejudice to its other rights.

Article 10 Final provisions

10.1 Efita B.V. is entitled to transfer the rights and obligations under the agreement (in full or in part) to its subsidiaries or group companies, to a third party without the prior (written) consent of the participant

(e.g. in case of transfer of undertaking) or to subcontract. The agreement shall be governed by Dutch law.

10.2 Any disputes arising from the Agreement will be submitted to the competent court in Amsterdam. Efita B.V. is registered with the Chamber of Commerce under number 57433445.

The General Terms and Conditions were last amended on 6-7-2023.