Easyhunt End User Terms of Use
1. General
1.1 These terms and conditions govern the relationship between you as a customer (the "User"’) and Garmin Nordic Sweden AB ("Garmin") for web subscriptions and related ancillary services regarding Easyhunt.com and/or the Easyhunt mobile app (the "Services"). EasyhuntTM is a Garmin brand.
1.2 The User can be a physical person of legal age or a legal entity.
1.3 This Agreement is between the User and Garmin only, and not Apple, Inc. ("Apple"). Notwithstanding the foregoing, the User acknowledges that Apple and its subsidiaries are third-party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against the User. Garmin, not Apple, is solely responsible for the Services and their content.
1.4 The User represents and warrants that (i) he/she is not located in a country that is subject to U.S. Government embargo or is designated as a terrorist supporting country, and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
2. Plus subscriptions
2.1 For clarification of PLUS subscription services, please refer to the website.
3. Scope of license
3.1 Garmin grants the User a limited, nonexclusive, non-transferable, revocable license to use the Services for the User’s personal, noncommercial purposes. The User may only use the Services on Apple devices that the User owns or controls and only as permitted by the App Store Terms of Service.
3.2 The User grants Garmin an unlimited, non-revocable, transferable, and royalty-free license to use in any way Garmin sees fit all material in any format uploaded or otherwise made available on the Services.
4. Agreement
4.1 The agreement and order are binding in accordance with the current price at the time of purchase.
4.2 The agreement is valid for 12 months and is automatically renewed for another 12 months.
4.3 Termination of the subscription must be made 14 days before the agreement expires. Termination is made via a link on the homepage.
4.4 If the User, or members of the User’s hunting team using the PLUS subscription, violate any of the articles in the agreement, Garmin reserves the right to terminate the agreement with immediate effect without any obligation towards repayment of the price paid.
4.5 Garmin reserves the right to change these terms and conditions at any time.
5. Subscription Fees
5.1 The User must pay the current price in Euro or local currency for the service at the date the transaction takes place. Fees are payable annually in advance. Payment must take place no later than the due date. Garmin is entitled to charge an administrative fee for reminders.
5.2 Reminder fee is 6 Euro or equivalent in local currency.
5.3 Garmin reserves the right to increase the subscription fee if additional members are added to the hunt team.
5.4 The User must promptly notify Garmin in writing if they consider an invoice to be incorrect. If this is not done within 10 days from the invoice date, the User forfeits the right to object.
5.5 Subscription fees will only be refunded in the event of serious service disruption caused by Garmin. Refunded fees will correspond to the duration of service disturbance and be based on applicable subscription fees. Refunds cannot be greater than the most recently paid subscription fee.
5.6 Temporary promotional prices do not affect current contracts.
6. Returns
6.1 The buyer has the possibility to annul the purchase within 14 days after making the buy. Send an email to [email protected] and say that you want to annul the purchase, the name of the team, and your username. Your money will be returned within 30 working days.
7. Transfer of Subscription
7.1 The User can transfer a subscription agreement following consent of Garmin. The transfer and consent must be made in writing.
8. Garmin’s responsibility
8.1 Garmin is not responsible for the User’s content on Garmin’s servers or the User’s usage of the Services.
8.2 Garmin cannot be held liable to pay damages relating to the User’s content on Garmin’s servers or the User’s usage of the Services.
8.3 Garmin shall not be liable or refund the subscription fee for damage caused by the failure of hardware or software on Garmin’s servers or in the case of malicious access of Garmin’s servers to destroy, infringe on, or modify information held within.
8.4 Garmin has the right to delete inactive accounts which have not been logged into for at least 18 months.
8.5 Garmin reserves the right to correct errors in price lists and any other information which may affect the subscription fee.
8.6 Garmin, not Apple, is responsible for addressing any claims by the User relating to the Services or use of them, including, but not limited to: (i) any product liability claim; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
8.7 Garmin provides basic maintenance or support for the Services but are not required to do so to a greater extent that any maintenance or support is required by applicable law. Garmin, not Apple, shall be obligated to furnish any such maintenance or support claims.
8.8 Garmin disclaims all warranties about the Services to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Garmin, not Apple, shall be solely responsible for such warranty.
8.9 Garmin shall not be obligated to indemnify or defend the User with respect to any third-party claim arising out of or relating to the Services. To the extent Garmin is required to provide indemnification by applicable law, Garmin, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Services or your use of them infringes any third-party intellectual property right.
8.10 IN NO EVENT WILL GARMIN OR ANY OF ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE GARMIN’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW. UNLESS NOT EXCLUDED IN THE END USER TERMS AND CONDITIONS SHALL NOT IN ANY CASE EXCEED THE SUM OF THE PRICE PAID BY THE USER THE PREVIOUS YEAR.
9. User Responsibility
9.1 The User agrees to abide by applicable Swedish or local legislation and the policies of Garmin relating to the material contained within and on Garmin’s servers and the purpose they are used for. This includes links to objects which are in violation of these regulations. The User must also abide by the laws of the country they reside in and the destination country for which the material is intended for, plus the regulations for the Internet top domain used.
9.2 The User undertakes not to make unauthorized entry to the servers of Garmin connected to the public internet, nor Garmin as a whole, and not to use more computer resources than allocated under the subscription.
9.3 The User is responsible for all actions carried out via their accounts in the form of correspondence, including improper sending of e-mail and all related activities.
9.4 The User is responsible for all the information published on their websites, held in storage areas and other locations on Garmin’s servers.
9.5 The User may not resell the Services.
9.6 The User must notify Garmin in writing of any change in billing address and telephone number.
9.7 The User must not use the Services in a way that invades the privacy or safety of any person.
10. Internet Policy
10.1 The User must not engage in inappropriate use of the Internet or the Services. Garmin reserves the right to interpret these terms as relating to this contract.
10.2 Garmin reserves the right to determine whether the User’s information held on Garmin’s servers is inappropriate.
10.3 Materials Garmin deems to be inappropriate include pornography, anything that invades the privacy or safety of a person, racism, and other material which could cause offense or harm.
10.4 Garmin is authorized to inspect the User’s information held on its servers. If the User violates the subscriber agreement, Garmin reserves the right to block, remove, or delete any information deemed as inappropriate. If the offense is deemed to be serious, the User can be suspended, in whole or in part, from use of the Services.
11. Disputes
11.1 In case of dispute, the parties must in the first instance try to resolve the dispute by mutual negotiations and agreement. If no agreement is reached, the dispute shall be tried at the Stockholm district court, Stockholm, Sweden.
12. Force Majeure
12.1 Garmin shall be relieved from performance of this contract if Garmin is being prevented or materially adversely affected by any circumstance Garmin could not reasonably control or predict - such as war, government intervention, civil disturbances, and restrictions on energy supply, prohibitions, restrictions, loss condition, accident, or lack of deliveries from suppliers or similar occurrences.
