1.1.Please carefully go through these terms and conditions (“Terms”) and the privacy policy (“Privacy Policy”) available at HikeSJ before You decide to use this application. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and HikeSJ in connection with Your use of the Services (as defined below). The owner of the HikeSJ is Samtskhe-Javakheti Destination Management Organization (legal entity established and operating pursuant to the Georgian legislation).
1.2.This Agreement applies to those services made available by mobile application HikeSJ (Also referred to as the “App”, “We” or “Us”), which are offered free of charge to the Users (Also referred to as the “End-User” or “You”) (“Services”), including the following:
1.2.1. Information about marked hiking trails in the Samtskhe-Javakheti region;
1.2.2. Tracking of waymarked hiking trails;
1.3. The Services may change from time to time, at the sole discretion of HikeSJ, and the Agreement will apply to Your visit and to Your use of the App to avail the Service, as well as to all information provided by You to the App at any given point in time.
1.4.This Agreement defines the terms and conditions under which You are allowed to use the App and describes the manner in which We shall treat Your account while You are registered as a user of the HikeSJ. If You have any questions about any part of the Agreement, feel free to contact us at s.javakhetidmo@gmail.com
1.5. By downloading or accessing the App to use the Services, You irrevocably accept all the conditions stipulated in this Agreement, the Terms and Conditions and Privacy Policy as available on the App, and agree to abide by them. This Agreement supersedes all previous terms and conditions (if any) communicated to You relating to Your use of the App to avail the Services. By availing any Service, You signify Your acceptance of the terms of this Agreement.
1.6. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to You via HikeSJ and You should read the Agreement at regular intervals. Your use of the App following any such modification constitutes Your agreement to follow and be bound by the Agreement so modified.
1.7. You acknowledge that You will be bound by this Agreement for availing any of the Services offered by Us. If You do not agree with any part of the Agreement, please do not use the App or avail any Services.
1.8. Your access to use of the App and the Services will be solely at the discretion of HikeSJ.
1.9. The Agreement is published in compliance of and is governed by the provisions of Georgian legislation.
2.1. You must be 18 years of age or older to register, use the Services, or use the App in any manner. By registering, visiting, and using the App or accepting this Agreement, You represent and warrant to HikeSJ that You are 18 years of age or older and that You have the right, authority, and capacity to use the App and the Services available through the App, and agree to and abide by this Agreement.
2.2. In case the user chooses “remember me” while logging in, he/she will stay logged in , despite closing the App. After 30 days, he will have to re-enter password or log in with FaceID or TouchID, in case he has activated them before.
3.1. END-USER ACCOUNT AND DATA PRIVACY
3.1.1. The terms “personal information” and “special categories of data” are defined under the law of Georgia on Personal Data Protection and are reproduced in the Privacy Policy
3.1.2. The User is expected to read and understand the Privacy Policy, so as to ensure that he/ she has the knowledge of, inter-alia:
3.1.2.1. the fact that certain information is being collected;
3.1.2.2. the purpose for which the information is being collected;
3.1.2.3. the nature of collection and retention of the information; and
3.1.2.4. the various rights available to such Users in respect of such information.
3.1.3. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify HikeSJ of any actual or suspected unauthorized use of the User’s account or password. Although HikeSJ will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of HikeSJ or such other parties as the case may be, due to any unauthorized use of Your account.
3.1.4. If a User provides any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or HikeSJ has reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, HikeSJ has the right to discontinue the Services to the User at its sole discretion.
3.3. LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1. HikeSJ collects, directly or indirectly, and displays in the App relevant information regarding waymarked hiking trails of Samtskhe-Javakheti region. HikeSJ takes reasonable efforts to ensure that such information is updated at frequent intervals. Although HikeSJ screens and vets the information and photos provided by the partners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2. HikeSJ does not provide or make any representation, warranty or guarantee, express or implied about the App or the Services. HikeSJ does not guarantee the accuracy or completeness of any content or information provided by Users on the App. To the fullest extent permitted by law, HikeSJ disclaims all liability arising out of the User’s use or reliance upon the App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the App, or any opinion or suggestion given or expressed by HikeSJ or any User in relation to any User or services provided by such User.
3.3.3. The App may be linked to other application(s) of third parties, affiliates and business partners. HikeSJ has no control over, and is not liable or responsible for the content, accuracy, validity, reliability, and quality of such applications or made available by/through the App. The inclusion of any link on the App does not imply that HikeSJ endorses the linked site. Users may use the links and these services at User’s own risk.
3.3.4. HikeSJ assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of the App or the downloading of any material, data, text, images, video content, or audio content from the App. If a User is dissatisfied with the App, User’s sole remedy is to discontinue using the App.
3.3.5. If HikeSJ determines that You have provided fraudulent, inaccurate, or incomplete information, including through feedback, HikeSJ reserves the right to immediately suspend Your access to the App or any of Your accounts with HikeSJ and makes such declaration on the App alongside Your name as determined by HikeSJ for the protection of its activity and in the interests of Users. You shall be liable to indemnify HikeSJ for any losses incurred as a result of Your misrepresentations or fraudulent feedback that has adversely affected HikeSJ or its Users.
3.4. It is hereby expressly clarified that, the Information that You obtain or receive from HikeSJ, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise in the App is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the App. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
3.5.CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.5.1. The contents listed on the App are:
3.6. HikeSJ authorizes the User to view and access the content available on or from the App solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the App (collectively, ” HikeSJ Content”), are the property of HikeSJ and are protected under copyright, trademark and other respective laws. User shall not modify the HikeSJ Content or reproduce, display, publicly perform, distribute, or otherwise use the HikeSJ Content in any way for any public or commercial purpose or for personal gain.
3.7.REVIEWS AND FEEDBACK
3.7.1. By using this App, You agree that any information shared by You with HikeSJ will be subject to Our Privacy Policy.
3.7.2. You are solely responsible for the content that You choose to submit for publication on the App, including any ratings and. HikeSJ disclaims all responsibility with respect to the content provided by the User including ratings and reviews, and its role with respect to such content is restricted to its obligations as an intermediary.
3.7.3. Your publication of reviews and ratings on the App is governed by Clause 4 of these Terms. Without prejudice to the detailed terms stated in Clause 4, You hereby agree not to post or publish any content on the App that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. HikeSJ, at its sole discretion, may choose not to publish Your reviews and feedback, if so required by applicable law, and in accordance with Clause 4 of the Terms. You agree that HikeSJ may contact You through, emailor any other electronic means of communication for the purpose of:
3.7.3.1. Obtaining feedback in relation to App or HikeSJ’s services;
3.7.3.2. Receiving respective Services; and
3.7.3.3. You agree to provide Your fullest cooperation further to such communication by HikeSJ.
3.7.3.4. To delete your user account, go to your accounts menu and press “remove your account”. However, only Your account and any associated records stored in HikeSJ will be deleted.
4.1. HikeSJ hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
4.1.1. belongs to another person and to which the User does not have any right to;
4.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another`s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
4.1.3. harm minors in any way;
4.1.4. infringes any patent, trademark, copyright or other proprietary rights;
4.1.5. violates any law for the time being in force;
4.1.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
4.1.7. impersonate another person;
4.1.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
4.1.9. threatens the unity, integrity, defense, security or sovereignty of Georgia, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
4.2. Users are also prohibited from:
4.2.1. violating or attempting to violate the integrity or security of the HikeSJ content;
4.2.2. transmitting any information (including job posts, messages and hyperlinks) on or through the App that is disruptive to the provision of Services by HikeSJ;
4.2.3. submitting on the App any incomplete, false or inaccurate information;
4.2.4. making any unsolicited communications to other Users;
4.2.5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App;
4.2.6. attempting to decipher, decompile, disassemble or reverse engineer any part of the App;
4.2.7. copying or duplicating in any manner any of the HikeSJ content or other information available from the App;
4.2.8. framing or hot linking or deep linking any HikeSJ content;
4.2.9. circumventing or disabling any digital rights management, usage rules, or other security features of the software.
4.3. HikeSJ, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 4.1 and 4.2. HikeSJ shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4.4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, HikeSJ has the right to immediately terminate the access or usage rights of the User to the App and Services and/or to remove non-compliant information from the App.
4.5. HikeSJ may disclose or transfer Your personal information in the event it is required to do so by law, supervisory body/authority or law enforcement agency or when HikeSJ, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms.
4.6. HikeSJ respects the intellectual property rights of others. Any violation of any intellectual property rights will not be tolerated.
5.1. HikeSJ reserves the right to suspend or terminate a User’s access to the App and the Services with or without notice and to exercise any other remedy available under law, in cases where:
5.1.1. Such User breaches any terms and conditions of the Agreement;
5.1.2. A third-party reports violation of any of its right as a result of Your use of the App or the Services;
5.1.3. HikeSJ is unable to verify or authenticate any information provided to HikeSJ by a User;
5.1.4. HikeSJ has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
5.1.5. HikeSJ believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for HikeSJ or are contrary to the interests of the App.
5.2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the App by such User.
6.1. In no event, including but not limited to negligence, shall HikeSJ, or any of its owner organization’s Ex. directors, employees, representatives (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, or any type of damages arising from, or directly or indirectly related to, the use of, or the inability to use, the App or the content, materials and functions related thereto, the Services, User’s provision of information via the App, lost business or lost End-Users. In no event shall the Protected Entities be liable for:
6.1.1. provision of or failure to provide all or any service by providers to End- Users contacted or managed through the App;
6.1.2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the App;
6.1.3. any unauthorized access to or alteration of Your transmissions or data; or
6.1.4. any other matter relating to the Service.
7.1. HikeSJ may retain such information collected from Users of the App or Services for as long as necessary, depending on the type of information, purpose, means and modes of usage of such information and according to the Georgian legislation on personal data protection. Computer web server logs may be preserved as long as administratively necessary.
8.1. You agree that this Agreement and any contractual obligation between HikeSJ and User will be governed by the laws of Georgia.
8.2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement, or Your use of the App or the Services or information to which it gives access, shall be determined by respective courts of Georgia.
9.1. If a User has any questions concerning HikeSJ, this Agreement, the Services, or anything related to any of the foregoing, HikeSJ customer support can be reached at the following email address: s.javakhetidmo@gmail.com
10.1. If any provision of the Agreement is held by competent courts of Georgia to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
11.1. No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by HikeSJ. Any consent by HikeSJto, or a waiver by HikeSJof any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
