- TOS for Android -
Last updated: 19.5.2018
These Terms of Service ("Terms") apply to your access and use of the mobile application NAVIZOO (the "App"), website www.navizoo.com, of NAVIZOO s.r.o., Javorová 5741/52, Pezinok 902 01, Slovakia, registered in Corp.reg. Bratislava I, section: Sro, Nr.: 120401/B ("NAVIZOO", "we", "us" or "our")
Please read these Terms carefully before using the App or www.navizoo.com (the "Service") operated by us.
IMPORTANT: We are not official linked or otherways connected to any of featuered ZOO.
Accepting These Terms
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS BELOW. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Changes to these Terms
We reserve the right to change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of the Terms. We encourage you to review these Terms periodically to stay informed about our practices. Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Service after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
Our intelectual property
The App is the valuable property of us and it is protected by copyright and other intellectual property laws and treaties. We own all right, title and interest in and to the App, including all copyright and other intellectual property rights in Services. As between you and us, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by us or is used with permission. Reserves all rights not expressly set forth in these Terms. We are not official linked or otherways connected to any of featured ZOO, therefore we are using only public sources for creating maps, ZOO description, etc. All such sources are accessible free of charge.
Description of the Service
The Service allows users to virtually tour and explore locations of certain ZOO in certain cities by using app. You are responsible for your use of the App. NAVIZOO s.r.o. is not responsible for any of the equipment that you may use to access the App. Also, is not responsible anything you may encounter while using the App (including, but not limited to, physical hazards, traffic, other people, animals …). Accordingly, you must exercise due care when using the App. Always be fully aware of your surroundings at all times while using our App. If you use any of official map, or navigation app for certain ZOO, it takes precedence over this App. We are not official linked or otherways connected to any of featured ZOO, therefore we are using only public sources for creating maps, ZOO description, etc. All such sources are accessible free of charge.
Creating and deleting Accounts
In order to properly use of App, you need to have an account. When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. NAVIZOO reserves the right to deny any account at our discretion.
Right to Use the Service
On the condition that you fully comply with these Terms, we grant to you a limited, nonexclusive, non-transferable and revocable license to access and use the Service for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by NAVIZOO that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service or (f) attempt to gain unauthorized access to the Service or its related systems or networks. All these terms are also part of EULA, accepted during a install process.
Fees and Payment Terms
You can install NAVIZOO with certain ZOO and maps free of charge. We are not official linked or otherways connected to any of featuered ZOO, therefore we are using only public sources for creating maps, ZOO description, etc. All such sources are accessible free of charge.
Some app features are allowed to use only in Premium NAVIZOO membership account.
You can purchase NAVIZOO Membership on a subscription basis. Payment for a NAVIZOO Membership account is due upon purchase of one MONTH or fone YEAR Premium membership. Alternatively, if you select a subscription, payment is due at the beginning of each subscription term. NAVIZOO, at its sole discretion, may modify its pricing during any subscription term and such pricing changes will be effective as of the directly subsequent subscription term. All payments must be made in Euros and by credit/debit card via an authorized NAVIZOO payment processor or via SMS via an authorized processor. You hereby authorize NAVIZOO (or its authorized payment processor) to charge the credit/debit card number provided to NAVIZOO or to be charged via your mobile operator, and you represent and warrant that you are authorized to use and have fees charged to the credit/debit card number provided to NAVIZOO. You may withdraw such authorization by utilizing the cancellation mechanism provided via the Service, or by emailing us at info@NAVIZOO.com. If you will try to use some app features there are not allowed in your membership account, we will let you know by using app screen, which membership you have to purchase in order to use the feature.
You may revoke your consent with respect to NAVIZOO’s collection, use, disclosure and storage of your location information at any time deleting the App from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a period of five years.
NAVIZOO Labs takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
The Service is for your use and to collect your location information. You may not use the Service to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached these Terms, which may subject you to prosecution and damages.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAVIZOO DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE AND ALL THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. NAVIZOO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY NAVIZOO OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NAVIZOO, PARTNERS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING, THE APP AND ANY NAVIZOO ZOO), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF NAVIZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will defend, indemnify, and hold NAVIZOO and its employees, agents, vendors, tour locations, partners, and affiliates harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your NAVIZOO account.
Governing Law; Jurisdiction
These Terms of Service and EULA are governed by the laws of the Slovak republic and EU Law, without regard to any conflict of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to the Service shall be filed only in appropriate court. And you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any suit, action or proceeding arising out of these Terms of Service.
ADDITIONAL TERMS REGARDING GOOGLE
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on your Android device:
You and NAVIZOO acknowledge that these Terms are solely between you and NAVIZOO, and not with GOOGLE, Inc. ("Google"), and that NAVIZOO, not Google, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Google Play ("Google play"). You agree to pay all fees charged by the Google play in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Google play Terms of Service ("Google Usage Rules") as of the date you download the App. In the event of any conflict between the terms and conditions of the Google Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Google Usage Rules will govern if they are more restrictive.
Scope of License
The license granted to you is limited to a non-transferable license to use the App on any Android device that you own or control as permitted by the Google Usage Rules.
Developer Name and Address
Any end-user questions, complaints or claims with respect to the App should be directed to: NAVIZOO s.r.o., Javorová 5741/52, Pezinok 902 01, Slovakia, registered in Corp.reg. Bratislava I, section: Sro, Nr.: 120401/B Email: info@NAVIZOO.com
Third Party Beneficiary
The parties acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof. However, the right of NAVIZOO to terminate, rescind or make any change to these Terms is not subject to the consent of any other person.
Please read EULA for Android: EULA for Android
Navizoo Mobile Content Refund Policy
This Mobile Content Refund Policy (“Policy”) covers refunds for Navizoo app purchased through Paymentwall platform for a mobile device.
We will refund digital purchases you‘ve made for any reason if the request is made within three days of the purchase date and you have engaged with the content for less than thirty minutes.
Even if you don‘t qualify for an automated refund under this policy, you may be able to receive a refund by contacting us on email@example.com. For example, these refund rights are separate from any legal rights you may have if the content supplied is either faulty or misdescribed.
The refund program described in this policy may end at any time for any reason. For users who have made eligible purchases up to and through the last day of availability of this refund program, refund requests under this policy will be considered as if the policy were still in effect, up to three days after the mobile automated content refund program has closed.
What Kind of Mobile Content Is Eligible for Automated Refunds?
You may return Navizoo apps Premium 1 year and Premium FOREVER membership, for any reason, so long as you submit your request within three days of purchase and you have engaged with the content for no more than thirty minutes. We are not able to offer refunds on certain categories of content through our automated systems at this time. If you would like to request a refund for this content, which is outlined further below, please contact us at Customer Support.
What Kind of Mobile Content Is Not Eligible for Automated Refunds?
We do not offer automated refunds on purchases:
- if the refund request is made more than three days after the date of purchase
- if you have interacted with content for more than thirty minutes
- of previously refunded content
Which Device Should I Use to Request a Refund?
To qualify for a refund, you must submit your request from the same device you used to purchase the app. For eligibility, you cannot have cleared your data after purchasing the app, before requesting the refund.
What Happens When I Request a Refund?
When you initiate a refund request, you will lose your access to the Premium memberships in app while we process your request. During that time, you will not be able to interact with Premium memberships in the app or any content or purchases you‘ve made within it. If your refund request is denied, you will regain access to the app.
How Long Do Refunds Take?
It typically takes us no more than 7 days to review, verify, and process refund requests. It may take longer for your statement to reflect the credit. If a refund request is granted, we will credit you through your original payment method(s).
How Do I Request a Refund?
If you would like to request a refund on content, please contact us at firstname.lastname@example.org.
Why Was My Refund Request Denied?
We may deny content refund requests if we detect potential abuse of our systems, such as multiple attempts to return content over a period of time. If you feel that you are otherwise entitled to a refund, please contact us at email@example.com. Nothing in this Policy shall affect your statutory rights.
With NAVIZOO you will
- never feel lost on you ZOO trip -