General terms and conditions

Terms and Conditions of Use for the NAVAWAY® Mobile Application and the navaway.fr / navaway.io websites

Effective date: 15-03-2022

1. PUBLISHER

The website and mobile application are operated by SAS NAVAWAY, registered in the Lyon Trade and Companies Register under number 902055904, whose registered office is located at 23 rue Paupière – 69270 Couzon-au-Mont-d’Or (France) (hereinafter “NAVAWAY”).

Any contact with NAVAWAY must be made at the email address hello@navaway.io or at the postal address of the head office designated above.

2. GENERAL

The navaway.co.uk and navaway.io websites (hereinafter referred to as the “Site”) provide visitors with tourist information about cities, including, but not limited to, suggested itineraries, points of interest, accommodation and practical information.

These are free services available on websites.

The NAVAWAY mobile application (hereinafter referred to as “the Application”) offers users (hereinafter referred to as “Users”) city tours (hereinafter referred to as “Tours”) with navigation, highlighting of points of interest and audio guides (hereinafter referred to as “Services”).

These are free or paid services available on the application.

These general terms and conditions define the rights and obligations of the parties in relation to the use of the websites and the mobile application. The general terms and conditions are accessible at all times and may be supplemented by specific terms and conditions of use, where applicable.

These general conditions also define the conditions of access, use, purchase and subscription to NAVAWAY Services.

Use of the Services is subject to unreserved acceptance of these General Terms and Conditions of Use.

NAVAWAY reserves the right to unilaterally modify, at its sole discretion and at any time, all or part of these terms and conditions. Users will be informed and may or may not accept the new terms and conditions. In the event of non-acceptance, users will be able to request the closure of their account and cancel, if necessary, any current subscription that has not yet expired.

3. DEFINITIONS

“One-off purchase” or “Subscription”: Right of paid access to the Services.
“Audioguide”: Audio track available for listening.
“Account”: Space available in the application for the user to access and modify their personal information and password.
“User”: An individual who can access all the services of the websites and the application.
“Content”: Includes all the textual, visual and audio elements available on the websites and the mobile application.
“Itinerary” or “Tour”: Represents the route that the user can follow on foot using the mobile application and GPS navigation. The route can include points of interest of all kinds with associated content.
“Navigation: Allows users to follow the route on the mobile application, guided by their smartphone. Requires compatible equipment and active geolocation.
“Point of interest” or “POI” or “Discovery”: Any remarkable feature highlighted on the websites or the application, whether it be a monument, a street, a district, a viewpoint, etc. (this list is not exhaustive).
“Device”: Any equipment enabling the application to be used (e.g. Smartphone).

4. ACCESS TO AND USE OF SERVICES

The user is hereby informed that access to the websites and mobile application requires total and unreserved acceptance of these general terms and conditions. Partial acceptance is considered null and void.

To access the websites, you need a computer, tablet or smartphone with a compatible browser (recent version). The mobile application must be downloaded from the Android or Apple store. The application is compatible with recent versions of smartphone operating systems, i.e. at least versions iOS 11 and Android 12.0.

The user is aware that an internet connection is required to access the websites and the application, and that NAVAWAY does not assume any costs related to these connections. The user must first subscribe to a suitable Internet package and inquire with his operator about any additional costs associated with access to websites and mobile application, including roaming or from a foreign country. Users should also find out about each country’s local policy on the use of the internet connection and mobile applications, as well as geolocation. In addition, high-performance connectivity is strongly recommended for use of the mobile application, particularly with a 4G or 5G connection.

A user account must be created to access the mobile application services. It should be noted, however, that some of the information is freely accessible on the websites and on the mobile application. Creating an account is free of charge and enables users to benefit from some of the content free of charge. Access to certain features is subject to a fee.

The websites, the mobile application and all the services are accessible only to natural persons of full age who have full capacity to enter into commitments under these general terms and conditions. Failing this, individuals must access the services with the agreement of their legal representative. A user may only have one account.

The website, mobile application and all services are intended for private individuals only. Professional, commercial, advertising or political use is prohibited.

The creation of an account is subject to the provision of compulsory personal information. Registration allows the user to open an account and access NAVAWAY services. The creation of an account requires unreserved acceptance of these terms and conditions.
The user must enter a unique secure password to guarantee the security of their personal information. The creation of the account with quick access (such as Facebook or Google) is intended to simplify registration and is not mandatory. The user is aware that using third-party services for registration entails the collection of personal data by the services concerned. Users should be aware of the various policies on the use of personal data and the purposes for which it is used, particularly for advertising purposes. In case of creation of an account by third party services, the user agrees that NAVAWAY receives personal information from his profile necessary for the creation of the account.

The user certifies that all personal information provided when creating an account is true and sincere. The user undertakes to update his or her personal information from the account management page if it changes. All of this information serves as proof of the user’s identity.

The user is responsible for his personal information and agrees to inform NAVAWAY in case of loss or theft of access codes, and any breach in security. The user acknowledges NAVAWAY’s right to take all necessary measures in such a case.

Generally speaking, users are solely responsible for the consequences of using their account until it is deactivated.

5. DESCRIPTION OF SERVICES

Users can access a wide range of information from the websites and the mobile application, without having to create an account. Without this list being exhaustive, users will have access to :
Itinerary presentations for cities in France, Europe and the rest of the world.
General audio guides presenting the routes, which can last several minutes.
Photos and illustrations of towns and points of interest.
Maps and other practical information and advice on visiting a city.
Information on activities, accommodation, flights and restaurants.
Lists of points of interest with descriptions.

Once users have created an account, they can access a wide range of additional content from the mobile application, including a GPS plot of the route with navigation, points of interest shown on the map that can lead to information, and statistics on the route taken.

Users can provide any information that may be useful in improving the service and content. Users can also make notes and pass on their comments to the community after their visit.

It is specified that the application must geolocate the user in order to provide GPS navigation.

The services and content are accessible 24 hours a day, 7 days a week, subject to the conditions of access and use set out in these terms and conditions. NAVAWAY reserves the right, without notice or compensation, to temporarily suspend access to services in order to make changes, developments or maintenance of services and content of websites and mobile application, or any technical changes necessary for the proper functioning of services. The user releases NAVAWAY from any liability in this respect and waives any claim and/or proceedings against it as a result.

NAVAWAY reserves the right to change its content and services at any time it sees fit, regardless of the technical and functional means used.

These services are provided free of charge. Additional services are subject to an optional charge.

6. EVIDENCE AGREEMENT

The user is aware and accepts that the data collected on NAVAWAY about him provide evidence of actions taken on the websites and mobile application, and that these data represent a means of evidence accepted between the parties including for any calculation of damages due to NAVAWAY if necessary.

7. UNIT PURCHASE

Users can take advantage of additional services in the mobile application by making one-off purchases.

Unit purchases allow you to permanently unlock all the content linked to an itinerary in a city, including text information and audio guides to points of interest. Additional functions are also available after purchase, such as sharing content with a group. This list is not exhaustive.

Single purchases can only be made via the mobile application in the Android and Apple stores.

8. SUBSCRIPTION

The subscription allows the user to benefit from all the content of the mobile application, for all the routes present, on an unlimited basis for the duration of the subscription, in particular textual information, audio guides to points of interest, as well as the ability to share content with a group. This list is not exhaustive.

The routes and associated content used by the user during the subscription will no longer be accessible at the end of the subscription. The user will therefore benefit, where applicable, from the free content.

The minimum term is 12 months, with no trial period. The subscription is automatically renewable each year, but can be cancelled at any time to avoid automatic renewal for the following year.

In the event of tacit renewal, any price change will be applied in full to the new renewal price, provided that the user has been informed in advance in accordance with the conditions specified in the PRICE article of these general terms and conditions.

Subscriptions can only be taken out via the mobile application on the Android and Apple stores.

9. RIGHT OF WITHDRAWAL

NAVAWAY’s paid services are not subject to the right of withdrawal, in accordance with article L.221-28 of the French Consumer Code on the absence of the right of withdrawal from contracts for the supply of digital content not provided on a tangible medium, the user’s agreement having been expressly given in advance on the waiver of his/her right of withdrawal.

Users who take out a subscription to NAVAWAY’s services therefore waive their right to withdraw from the contract within the 14 clear days stipulated in the French Consumer Code, so that no request for cancellation or reimbursement will be accepted.

10. PRICE

The prices of paid services (unit purchase and subscription) are indicated on the mobile application in the user’s local currency, inclusive of all taxes.

NAVAWAY may change prices and associated services at any time.

For users with an active subscription, any change in pricing conditions will be communicated at least 1 month before it takes effect. The user may, if necessary, cancel the tacit renewal of the subscription. If the user wishes to renew the subscription, the new price will be automatically applied if the notice period is respected.

For the payment of single purchases or subscriptions, the user must be aware of the terms and conditions defined by the payment platforms (Google and Apple depending on the operating systems of the smartphones). The conditions will be accessible at the time of payment.

The user has access to the sharing function when making a single purchase or as part of an active subscription. Sharing enables the user who has made a single purchase or taken out a subscription to give up to 5 other users access to the content linked to the route currently being visited.
All the users (the user who has made the single purchase or taken out the active subscription, as well as the users who have benefited from sharing) must be physically in the same town at the same time for sharing to be active.

12. CANCELLATION OF SUBSCRIPTION

The user may cancel the subscription at any time from the mobile application or directly from the stores. The cancellation will take effect at the end of the minimum subscription period of 12 months, provided that the cancellation request has been made at least 24 hours before the automatic renewal.

If these deadlines are not respected, the subscription will be renewed in full for a further 12 months. Under no circumstances will the user be able to request a refund, and the sums paid for the subscription will be forfeited to NAVAWAY.

13. SUSPENSION OR EARLY TERMINATION

NAVAWAY reserves the right to suspend a subscription or close a user account automatically, without notice or compensation, in the event of non-compliance by the user with the general conditions, intellectual property rights of NAVAWAY or its partners, circumvention or attempted circumvention of technical protection measures, supply of false information by the user at the time of registration or subscription, use of the account by a person other than the user indicated, total or partial non-payment of sums due by the user for purchases or subscription, non-compliance with the laws and regulations in force.

The user may terminate his subscription without notice or compensation to NAVAWAY in the event of a serious breach by NAVAWAY of its main obligations as defined in the general conditions.

14. OBLIGATIONS OF THE USER

When using NAVAWAY services, the user agrees to :

Comply with all applicable laws and regulations, in particular the Highway Code, and not infringe the rights of third parties or public order. The customer remains solely responsible for ensuring that all administrative, fiscal and social formalities are carried out correctly.
Not to engage in illegal or fraudulent activities
Not to break into a computer system or engage in any activity likely to damage, control, interfere with or intercept all or part of a computer system, or to violate its integrity or security.
Use the websites and the application with caution and discernment, the user is solely responsible for his safety when joining and following a route that NAVAWAY proposes. It is recommended to always walk on areas accessible to pedestrians and not on streets and roads used by motor vehicles, even if the application indicates to take such an itinerary. In the event of danger present in the route, false information leading to risks for the safety of users, or any error or bug, the user is invited to inform the NAVAWAY technical team.
Do not endanger yourself or others.
Be physically fit enough to follow the routes suggested on the mobile application.
Do not use the application to be guided from a motor vehicle, as the application is offered strictly for pedestrian navigation.
Not to provide false information at the time of registration, nor to make any use prohibited by these General Terms and Conditions, such as professional, commercial or advertising use.
Make strictly personal use of the Services.
Not to send unsolicited emails or commercial canvassing or solicitations
Not to carry out actions intended to improve the referencing of a third-party site or to distribute information with the aim of redirecting users to a third-party site.
And, more generally, to refrain from any practice that misuses the services for purposes other than those for which they were designed.

The user is aware that external events may modify the visit experience, the directions to be followed and the safety of users, in particular roadworks, accidents, weather conditions, political or social events, etc. The user is therefore informed that the directions in the application may be inaccurate or obsolete. In this respect, users are informed that the information provided in the application may be inaccurate or obsolete.

NAVAWAY in no way guarantees the protection of the user against all the dangers associated with the urban environment. NAVAWAY cannot be held responsible in the event of an accident on the proposed route.

On the websites and in the application, the user will find information on the proposed itinerary, such as approximate visit times, number of kilometres, number of points of interest, or any other statistics. The user is aware that this information is provided for information purposes only and cannot be calculated accurately, as it depends on the user’s behaviour and the conditions present when visiting the city. The user accepts that NAVAWAY cannot be held responsible for the inaccuracy of certain data or information.

The mobile application remains an orientation aid with general information on city tours, but it can in no way replace the judgment of the user who, depending on the actual context, must assess for himself the advisability of not following the recommendations or itinerary proposed by the application. NAVAWAY has no control over user behaviour.

GPS navigation in the application requires that geolocation be activated on the user’s device, and that all the technical conditions are met for proper operation, including optimal access to mobile, satellite or terrestrial networks, proper operation and reception of the device (e.g. smartphone or tablet), suitable weather and atmospheric conditions, and no interference.
The user understands the limitations of the GPS system and the possible limitation of transmissions, and acknowledges that the GPS signal is accurate to within approximately 10 metres and that it is the user’s responsibility to assess the consequences and possible risks of this technical limitation.

The user is aware that the use of the application and services results in significant consumption of the device’s battery.

The user is aware that use of the application and services requires available space on the device and that, consequently, the volume of storage initially available will be reduced. The User may delete data from the application to free up space, but a minimum storage volume will always be required.

The user undertakes to compensate NAVAWAY for any damage it may suffer and to pay all costs, charges and/or penalties it may have to bear as a result of the user’s breach of any of the obligations of these general conditions.

It is strictly forbidden for users to copy and/or divert for their own purposes or those of the concept, technologies, all or part of the data or any other element of the NAVAWAY application and websites.

The following are also strictly prohibited:
Any behavior likely to interrupt, suspend, slow down or prevent the continuity of Services, any intrusion or attempted intrusion into NAVAWAY systems, any diversion of system resources of the Application, any actions likely to impose a disproportionate burden on the infrastructure of the latter, all breaches of security measures and authentication, all acts likely to harm the financial, commercial or moral interests of NAVAWAY or users of its Application, and finally more generally any violations of these terms and conditions.

It is also strictly forbidden to monetise, sell or license all or part of access to the Services or the Application, or to the information hosted and/or shared therein.

In the event of a breach of any of the provisions of these terms and conditions, NAVAWAY reserves the right to take any appropriate action and also to take legal action if necessary.

15. NAVAWAY’S LIABILITY

NAVAWAY undertakes to provide the user with services within the framework of an obligation of means with no obligation of result.

The operation of the websites and the application are based on third party technologies with which NAVAWAY has no means of intervention, so NAVAWAY could not be held responsible for any malfunction or temporary inaccessibility in access to services.

NAVAWAY is in no way responsible for advertisements that may appear on the websites and the application. Inserts relating to activities, accommodation, flights, car hire or restaurants may appear on the websites and the application. This information is managed and offered by third parties as part of affiliation programs. NAVAWAY can not be held responsible in the case of inappropriate display within these inserts, or in case of malfunction or inaccessibility of links to these programs. It is the user’s responsibility to protect against any form of intrusion and / or contamination by malicious programs. NAVAWAY can in no way be held responsible for any damage that may occur to the user’s equipment. NAVAWAY is also not responsible for transactions between the user and any advertiser, professional or merchant (including any partner) to which the user is directed via the websites or the application, and can in no case be responsible for any dispute whatsoever with them concerning the delivery of products and / or services, warranties, representations and all other obligations to which they are bound. Users are reminded that each advertiser has its own terms and conditions of use, to which they should refer as appropriate.

NAVAWAY accepts no responsibility if a breach of any of its obligations is due to a case of force majeure as defined by French law and jurisprudence.

NAVAWAY declines all responsibility for any loss of information accessible in the user’s account. The user must keep a copy of the information and cannot claim any compensation for this.

16. INTELLECTUAL PROPERTY

The websites, mobile application, systems, software, structures, infrastructures, databases, as well as all content (trademarks, photographs, texts, illustrations, videos, audio guides, etc.) used by NAVAWAY as part of the websites, application and any communication, are protected by all intellectual property rights and belong to NAVAWAY and / or its partners who are the sole owners.
Any reproduction, representation, use or adaptation, disassembly, decompilation, decryption, extraction, reuse, copies, and more generally all acts of distribution and use of any of these elements, without the prior permission of NAVAWAY, are strictly prohibited and may be subject to prosecution.
NAVAWAY grants users, on a non-exclusive basis, the right to use the websites and the application, and their content within the limits necessary for the use of services.

In addition, NAVAWAY is a registered trademark in France and Europe. Any use of this trademark must comply with current regulations.

17. NULLITY OF A CLAUSE

In the event that one of the provisions of these General Terms and Conditions is declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change.

18. PERSONAL DATA

NAVAWAY has a policy of protecting personal data, the characteristics of which are accessible to the user from the websites and mobile application.

19. ADVERTISING

NAVAWAY reserves the right to insert on any page of the Application and websites, and in any communication to Users any advertising or promotional message in a form and under conditions to be determined by NAVAWAY.

20. LANGUAGE

If these general terms and conditions are translated into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.

21. APPLICABLE LAW AND DISPUTE

These General Terms and Conditions are governed by French law.

In the event of a dispute, the parties will seek an amicable solution before taking any legal action. If these attempts fail, any disputes relating to the validity, interpretation and/or performance of these General Terms and Conditions must be brought before the competent courts under the conditions of ordinary law.

Users are also informed that they may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.