Terms and conditions for use of the OV-chipkaart app

TRANS LINK SYSTEMS B.V. APP TERMS AND CONDITIONS OF USE

These terms and conditions of use (“Terms and Conditions of Use”) describe the terms and conditions under which the mobile application for the OV-chipkaart of Trans Link Systems B.V. (“App”) can be used.

The App is maintained by Trans Link Systems B.V., registered with the Chamber of Commerce for Gooiland, Eemland and Flevoland under number 30177126 and having its place of business at Stationsplein 151-157, Amersfoort, the Netherlands. If you have any questions about the App or these Terms and Conditions of Use, please visit www.ov-chipkaart.nl.

In these Terms and Conditions of Use, the following terms have the following meanings:

– you, your: the user of the App;

– we, us, our: Trans Link Systems B.V.

1. Applicability

1.1 These Terms and Conditions of Use are applicable to the use of the App.

1.2 Your use of the App – which includes any download and installation of the App – implies your acceptance of these Terms and Conditions of Use, our privacy policy and our cookie policy.

1.3 You may consult, download and print these Terms and Conditions of Use, our privacy policy and our cookie policy via the website www.ov-chipkaart.nl.

1.4 If the App uses third-party services, the terms and conditions of these third parties also apply. We are not responsible for such third-party services or terms and conditions. In the event of any conflict, these Terms and Conditions of Use, our privacy policy and our cookie policy will prevail.

1.5 We are also no party to products offered by companies that accept the OV-chipkaart as means of payment. Examples of such products are a discount arrangement, a subscription or another special offer. If you have any questions about or in connection with these products, please refer to the product terms and conditions of these companies or contact them.

1.6 We may change these Terms and Conditions of Use from time to time.

2. Licence

2.1 We grant you a non-exclusive and non-transferable licence, which may not be sublicensed, for using the App. You are not permitted to use the App for commercial purposes.

2.2 You may not make the App available to third parties, sell, lease or decompile it, subject it to reverse engineering or adapt it without our prior permission, nor may you remove or circumvent any technical features intended to protect the App or procure the same.

2.3 We are entitled at any time to adapt the App, change or delete data, deny you use of the App by terminating the licence, limit the use of the App or deny access to the App in full or in part, temporarily or permanently. We will inform you of this in such manner as we see fit.

3. Use of the App

3.1 You use the App at your own expense and risk.

3.2 If you are below 16 years of age, you must obtain permission from your parent or legal representative to use the App. By accepting these Terms and Conditions of Use, you guarantee that you are 16 or older or have obtained permission from your parent or legal representative. 3.3 If you wish to use all of the App’s functionalities, please register your details at www.ov-chipkaart.nl (“Mijn OV-chipkaart account”). Our privacy policy and our cookie policy apply in this regard. When you use the App, which you have registered by creating a Mijn OV-chipkaart account and by adding an OV-chipkaart number to your Mijn OV-chipkaart account, these details are linked to and with the App. You may change your details in the Mijn OV-chipkaart account, which are then automatically updated for the App.

3.4 If you wish to use the App, you must arrange for the necessary equipment, system software and (internet) connection at your own expense.

3.5 If you supply or are able to supply information, data, images and other content through the App (“Contribution”), you guarantee that the Contribution will have no illegal content under any circumstances or will (otherwise) invade privacy or infringe intellectual property rights or other rights of third parties and you indemnify us from and against all third-party claims resulting from placing a Contribution via the App.

4. Intellectual property rights

4.1 Any and all intellectual property rights and/or similar rights to the App or its content, including the underlying software, data and images, are solely and exclusively vested in us.

4.2 You shall respect our name and reputation as well as that of the OV-chipkaart at all times and ensure that the use of the App does not in any way harm our rights and/or reputation or that of the OV-chipkaart.

5. Liability

5.1 The App was created with the utmost care. However, we cannot guarantee that the App will always be available or will always work without interruption, errors or defects or that the information provided is complete, correct or up to date. This applies in particular to the transaction overview, which relies on various sources. As a result, the data in this overview (to the extent provided) may occasionally be incorrect or incomplete. We reserve the right to discontinue the App – without prior notice – temporarily or permanently, and you cannot derive any rights from this.

5.2 We are not liable for (the accuracy of) information, Contributions and other materials or statements that you or third parties place or provide through the App. We reserve the right to delete – without prior notice – certain information, Contributions or other materials or statements placed on the App.

5.3 We are not liable for any potential claims by third parties resulting from use of the App or failure to comply with statutory or contractual obligations to us or a third party, or the failure to do so correctly. You shall compensate us for all damage and costs we suffer as a result of such claims.

5.4 We will not compensate any damage resulting from the App or use of the App.

6. Termination of use of the App by you

6.1 You may terminate use of the App at any time by removing or deinstalling the App from your mobile device.

7. Applicable law, dispute resolution

7.1 These Terms and Conditions of Use are governed by the laws of the Netherlands.