These Terms and Conditions shall apply to:
By (1) submitting any order for, purchasing or otherwise obtaining a Product, Service, or App, (2) using, and/or accessing any Platform, Service, or App or (3) creating an Account, you accept and are bound by these Terms and Conditions and any amendments and additions to them.
Account: your DashTag account created on a Platform or an App.
App: any mobile apps developed by DashTag, downloadable from a Reseller.
DashTag Content: all information, text, files, scripts, graphics, photos, sounds, music, videos, interactive features, functionalities or other similar materials made available by DashTag.
DashTag Websites: all websites made available by DashTag, which you may access without prior registration or logging in, including:
Mobile Device: any Product which is mobile used to access the internet sold to sold by a third party to you.
Platform: any platforms made available by DashTag through which you can receive Services. Such platforms include but are not limited to:
Product: any hardware, items and accessories including but not limited to:
Reseller: any online or offline reseller that sells Products, Services and Apps including but not limited to third-party (car) dealers and third-party app stores.
Service: any paid or free-of-charge service provided electronically by DashTag either on a subscription, continuous or one-time basis, including but not limited to:
Terms and Conditions: these General Terms and Conditions of DashTag B.V., a corporation organized and incorporated under the laws of the Netherlands, having its principal office address at Bogert 1, 5612 LX, Eindhoven, the Netherlands, with the company number 64487385.
Third-Party Material: content, software codes, data, information, functionality, algorithms and other content licensed or otherwise made available by parties other than DashTag.
User Data: content that you upload on or via an App, a Platform, a Product, or a Service, including communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, music, videos, designs, graphics, sounds, and any other content, except to the extent where intellectual property rights relating to the aforementioned content lie with DashTag, or where the aforementioned content is otherwise owned by DashTag, its affiliates or licensors.
Shared User Data: any User Data contributed to DashTag using Apps, Platforms, Products or Services, but solely where DashTag has the right to use such data according to your approval, the relevant product information, these Terms and Conditions, and/or the DashTag privacy statement made available to you by DashTag.
DashTag offers Products, Apps and Services on DashTag Websites, Platforms and Apps. These Products, Apps and Services may contain or consist of DashTag Content and Third- Party Material.
When you wish to order, purchase or otherwise obtain a Product or Service directly from DashTag, you may do so on a Platform, a DashTag Website or an App.
Any order submitted is subject to acceptance by DashTag. An agreement is concluded upon acceptance by DashTag by way of an order confirmation. DashTag reserves the right to reject any orders in full or in part or to apply a maximum order amount. All orders for Products are subject to stock availability.
Prices indicated for Products, Apps and/or Services on the DashTag Websites and App include applicable taxes and standard shipping costs and handling charges (if any). You are responsible for any local sales taxes, other taxes and government levies, if any, associated with the order. Prices are subject to change at any time (and subject to clause 6.3 "DashTag’s Rights") but will not affect orders for Products, Apps or Services made prior to the date of the change.
Some Services are offered free of charge. DashTag reserves the right to discontinue or cease offering such Services free of charge at any time. DashTag will inform you if a Service is to be offered for a fee in the future. In such event, you may choose to either continue your use of the Services for such fee or to terminate your use of the Service.
DashTag reserves the right to change the prices for Services, (whether provided on a one-time basis or subscription basis) and Apps, subject to giving you reasonable prior notice thereof. If such a change results in higher prices or otherwise negatively affects you, you may - except where the higher prices result from increased government levies or taxes - terminate your subscription up to the date such change takes effect by sending an e-mail to email@example.com.
All orders must be paid for through the payment service as made available by DashTag. In order to submit orders and use the payment service, you must supply details of your preferred payment method, billing and shipping address (if applicable) and/or any other details necessary to complete the order. DashTag does not ship to APO/ FPO addresses.
If, for some reason, collection through the payment service should fail, DashTag will invoice you by mail for the amount payable, which must be paid by check, money order or credit card within 15 days from the date of invoice.
DashTag will aim to deliver the Product within 30 days of order acceptance. DashTag aims to make Services available within 24 hours after order acceptance.
A Product will be delivered to your delivery address. A Service will be downloadable or delivered and/or made available to you electronically. The risk of loss or damage to a Product will pass to you at the moment the Product is delivered to you. The risk of loss or damages to a Service will pass to you at the moment the Service is either made available to you or delivered to you electronically.
If you do not accept delivery of the Product, DashTag reserves the right to charge you for the reasonable costs of storing the Product until delivery can be made.
If delivery to you fails for any reason beyond DashTag’s control, DashTag reserves the right to cancel the order and refund any monies paid.
If DashTag delivers a Product to you by mistake or delivers or makes a Service available to you by mistake, please contact DashTag in order to receive further return instructions (email to firstname.lastname@example.org).
For Products purchased via the DashTag website, you have the right to return the purchase for a period of 30 days commencing the date of delivery. DashTag will refund the purchase price with the exception of the shipping charges. DashTag will carry out such reimbursement using the same means of payment as you used for your initial transaction.
To initiate the return of the Product, you must inform DashTag of your decision by contacting DashTag Customer Support within 30 days of the delivery date by email to email@example.com to obtain an authorization number for the return of your order. Subsequently, you have to return the Product immediately, free of all interests, liens, or any other claims to the address provided to you by DashTag Customer Support.
If you decide to return the Product to DashTag, you will be liable for any diminished value of the Product resulting from any handling beyond what is necessary to establish the nature, characteristics and functions of the Product. Furthermore, DashTag is entitled to charge a restocking fee and charge you for any shipping or postage costs incurred directly associated with returning the Product.
For Services you agree that the performance of Services by DashTag will commence on DashTag's acceptance of your order and that you relinquish your right to cancel upon performance.
For Apps you agree that the performance of the Apps obtained by you will commence immediately – or at least as soon as possible – after you have downloaded the App and that you relinquish your right to cancel upon performance.
You may be required to create an Account and subsequently log into the relevant Platform in order to: i. order a Product, App or Service;
Notwithstanding your right to use a pseudonym (“alias” or “nick name”) when creating an Account, you agree to provide correct information about yourself when registering. Please keep your Account information up to date to and promptly change your Account information if any relevant changes occur.
Services, Apps, and Shared User Data are intended solely for users who are eighteen (18) years of age or older. You represent and warrant that you are 18 or older. Do not create an Account as another individual, group or entity without such party's consent, or sell or transfer your profile or Account.
By creating an Account, you agree that DashTag may communicate with you by electronic means and that certain information about your use of Services and Apps, User Data and/or Shared User Data may be shared with DashTag.
You are responsible and liable for any activity that occurs on or via your Account. You are responsible for your own username and activities related thereto. DashTag is not responsible for any loss that results from the unauthorized use of your Account, with or without your knowledge.
You must notify DashTag immediately in the event you become aware of any access to or use of Services, Apps, User Data and/or Shared User Data by third parties under your Account that you did not authorize or any other possible breach in security.
A Service may be offered on a one-time basis or on a subscription basis. When you have a subscription, the Service will be provided to you either regularly or continuously. Unless agreed otherwise, Subscriptions will be entered into for an indefinite period of time.
In order to terminate your Account and/or subscription, you need to contact DashTag at firstname.lastname@example.org, observing a 30-day notice period. If your subscription is for a fixed period of time, it will automatically expire at the end of such time period.
DashTag can also terminate your Account and/or Subscription for any reason at its sole discretion (and notwithstanding its termination rights under Article 7 (“Termination and Restrictions”) . DashTag endeavors to, by reasonable means, inform you of any imminent termination, and, in any instance, will notify you at least thirty (30) days prior to the actual termination of your Account.
In the event of termination of your Account and/or subscription you must destroy all copies of the DashTag Content and all of its component parts.
After termination of your Account, you will no longer have access to any data. It is your own responsibility to remove any User Data that you wish to keep before the termination of your Account.
DashTag grants you permission to access and use the Services and Apps in accordance with these Terms and Conditions. If you purchase a Service and/or App, the permission to access and use this paid Service and/or App will be granted to you after the purchase has been completed.
Services and Apps will contain DashTag Content. You are granted a license to use the DashTag Content provided to you as part of and/or through your Product, Service or App, according to the terms set forth in this clause.
This license is non-exclusive and non-transferable and does not include any right to obtain future upgrades, updates, supplements, or any support or technical assistance relating to the Service, App or DashTag Content, unless DashTag has specifically indicated that obtaining them is an integral part of the Product, Service or App.
If upgrades, updates or supplements to the Service, App or DashTag Content are obtained, the use thereof will be governed by these Terms and Conditions or such other terms and conditions and may be subject to additional payments. Accordingly, you will be informed and asked to accept them prior to DashTag supplying you with the relevant upgrade, update or supplement.
DashTag grants you permission to upload, use and modify User Data, and to upload and use Shared User Data, all in accordance with these Terms and Conditions.
By uploading any User Data, you retain all rights you may have therein.
By uploading your Shared User Data, you retain all rights you may have therein but you hereby grant DashTag a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, upload, modify, distribute, sublicense, reverse engineer, decompile or disassemble and display such Shared User Data or links thereto in any form and through any media.
If you believe that your User Data and/ or our Shared User Data have been improperly copied and posted on Services, Apps, or DashTag Websites, such that it constitutes infringement, please provide us with the following information: (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the Services, Apps, or DashTag Websites the infringing material is located based on your claim; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give DashTag legally sufficient notice of the infringement. Email copyright infringement complaints to email@example.com.
With respect to Shared User Data of other users, DashTag grants you the right to use and modify and upload such Shared User Data in accordance with these Terms and Conditions.
DashTag does not claim any ownership of User Data or Shared User Data. You warrant that you own or have the necessary licenses, rights, consents, and permissions to upload the User Data and Shared User Data and to grant DashTag all the rights granted in these Terms and Conditions, including the right to grant other users of the Services, Apps and DashTag Websites permission to use and modify and upload your Shared User Data in accordance with these Terms and Conditions.
Other than as permitted by applicable legislation or as expressly permitted through any technology or means made available by DashTag through the Products, Services and Apps, you shall not, and shall not allow any person to alter, distort or modify the Products, Services and Apps or any part thereof to analyze them by means of reverse engineering, to decompile or disassemble the Products, Services and Apps, to make other products derived therefrom, or to break or circumvent encryption or to allow or enable third parties to do so.
Please be informed that DashTag accepts no responsibility for regularly monitoring any of the Services, Apps, and Shared User Data. If you become aware of any misuse of or misuse on the Services, Apps or Shared User Data, please report such misuse to DashTag by contacting DashTag Customer Support at firstname.lastname@example.org.
By accessing or using Services and Apps, and by uploading or using User Data or Shared User Data, you agree to refrain from any improper behavior including but is not limited to the following:
You are solely responsible for your interactions with other people, either online or in person. DashTag is not responsible or liable for any loss or damage as a result from any interaction with other users, persons you meet through Services and Apps or persons who find you because of information posted on, by or through Services and Apps. You agree to take all reasonable precautions in all interactions with other users on Services and Apps, and conduct any necessary investigations before meeting another person. DashTag is no event obliged to become involved with any user dispute but may do so at its discretion.
Services and Apps may include features that promote physical activity. DashTag is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Products, Services and Apps.
DashTag reserves the right, to discontinue, limit, alter, update, upgrade and supplement Services, Apps and Shared User Data provided to you or made available to you through the use of a Product, Services and Apps (either obtained directly from DashTag or from a Reseller), unless the provision of such updates, upgrades or supplements forms an integral part of the Product, Services and Apps, as indicated by DashTag at the time of sale.
DashTag may, at its sole discretion, collect and process user statistics related to the User Data and Shared User Data to improve its Products, Services and/or Apps, provided it has obtained the necessary consent from you.
With respect to User Data, in the event you upload such data, you grant DashTag a worldwide, perpetual, irrevocable, royalty-free license to use and copy such User Data for DashTag’s own use - without displaying the User Data to any third party without your consent - in so far that this use is necessary for DashTag to be able to provide you with the ordered Product and/or requested Service.
With respect to Shared User Data, you hereby grant DashTag the right to grant permission to other users to use, modify and upload any Shared User Data that you may upload through the Services and Apps in accordance with these Terms and Conditions.
DashTag may use such information as it deems fit, anywhere in the world, without obligation for compensation, and free of moral rights, intellectual property rights and/or other proprietary rights to or interests in such information.
When notified that any Shared User Data may violate any part of these Terms and Conditions or infringes any other third-party rights, DashTag may remove such Shared User Data without prior notice. DashTag may terminate your access to and use of Services and Apps for uploading such Shared User Data.
DashTag warrants that the Product will be free from defects in workmanship and materials under normal use for a period of one (1) year from the date the Product was purchased, or from the date of purchase until such date as you breach any of these Terms and Conditions, whichever period is shorter. During this period, the Product will be – at the sole discretion of DashTag – either repaired or replaced by DashTag free of charge for parts and labor. This warranty is not transferable.
This warranty does not cover damage caused by normal wear and tear or as a result of the Product being opened or repaired by someone not authorized by DashTag, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Product, neglect or misapplication. The warranty does not cover physical damage to the surface of the Product either.
Furthermore, this warranty does not cover any Services, Apps, Shared User Data or Third-Party Material that may accompany or be installed on the Product or obtained by you from the Services, Apps or DashTag Websites. The warranty does not cover the installation, removal or maintenance of the Product or any costs related therewith.
DashTag does not provide any commercial or other warranties for the Products other than the warranty stated in these Terms and Conditions.
The provisions of this clause do not affect any of your legal rights under applicable mandatory national legislation, including but not limited to your legal guarantee of conformity for goods.
In order to make a claim under the warranty, you must notify DashTag Customer Care about the defect and explain the defect to DashTag by contacting DashTag within the 1-year warranty period at email@example.com in order to obtain an authorization number to return your order. You must provide valid proof of purchase to verify the 1- year warranty period. The Products must be returned to DashTag as soon as possible, latest within 30 days, following your notification of the defect, along with an explanation of the defect and the authorization number provided to you by DashTag. Return the Products to the address provided by Customer Care when you receive an authorization number to return your order. You must comply with any other return procedures stipulated by DashTag, if any.
DashTag may rely on third parties to provide some (or part of) Services, Apps and Shared User Data.
In particular, you should be aware of the fact that calculation errors may occur when using positioning systems or when using, uploading or modifying applicable positioning systems, for example errors caused by local environmental conditions and/or incomplete or incorrect data.
Services, Apps, Shared User Data or any Third-Party Materials are provided "as is" with no warranties of any kind.
To the fullest extent permitted by law, DashTag does not make any warranties or representations - express or implied- regarding the purchase (either directly from DashTag or from a Reseller), access and use of Services, Apps, Shared User Data or any Third-Party Materials including, but not limited to (i) correctness, errors and accuracy (ii) adequacy, (iii) usefulness, satisfactory quality, and suitability for a particular purpose (iv) reliability, defects, operation and availability (v) implied warranties of title and non-infringement, (vi) security, the risk of interception of information, viruses or anything else harmful, (vii) workmanlike effort, support, information or services, (viii) offensive, threatening, defamatory, unlawful or otherwise objectionable character.
The provisions of this clause do not affect any of your legal rights under applicable mandatory national legislation, including but not limited to any mandatory statutory warranties. If any part of this limited warranty is held to be invalid or unenforceable, the remainder of the limited warranty shall nonetheless remain in full force and effect.
Notwithstanding any other rights, DashTag, at its sole discretion, reserves the right – without prior written notice - to immediately terminate your Account and/or your subscriptions, delete your profile and any of your User Data and/or Shared User Data, and restrict your use of all or any part of your Account, Services and Apps if (i) you fail to comply with or breach any material term of these Terms and Conditions, or (ii) collection of payment for your Services and/or subscriptions should fail after a second attempt. Termination in such events shall not lead to any liability on DashTag.
Upon termination, your licenses and rights as granted to you by DashTag will terminate simultaneously. And, in such event, you must return or destroy all copies of the DashTag Content and all of its component parts.
Neither DashTag nor its suppliers, its subcontractors, its affiliates, officers, directors, employees, or agents shall be liable to you or to any third party for any damages, whether direct, special, incidental, indirect or consequential (including but not limited to damages from the inability to use or access the Products, a loss of data, loss of business, loss of profits, business interruption, etc.) arising out of or related to:
Furthermore, DashTag does not endorse any Shared User Data or any opinion, recommendation, or advice expressed therein, and DashTag expressly disclaims any and all liability in connection with your access to and use of such Shared User Data. DashTag is merely acting as a passive channel for the distribution of Shared User Data and is not undertaking any obligation or liability relating to any Shared User Data or activities of users. Even in the event DashTag chooses to monitor any Shared User Data, DashTag assumes no responsibility for, or any obligation to monitor or remove, such Shared User Data.
In case DashTag is liable for any damage that is in any way related to your (inability to) use and/or access to or the performance of a Products, Services, Apps, User Data, Shared User Data and/or any Third-Party Materials, DashTag’s liability (i) for paid Products, Services or Apps shall be limited to the amount actually paid by you for the Products, Services or Apps in question, and (ii) for free-of-charge Services, Apps, Shared User Data and your User Data, it shall be limited to the amount of EUR 350.00.
Notwithstanding any of the above or anything else contained in these Terms and Conditions, nothing in these Terms and Conditions shall limit either party's liability for death or personal injury resulting from its own negligence.
Applicable mandatory national legislation may not allow the limitations or exclusions of liability set forth in these Terms and Conditions. If prohibited by applicable mandatory national legislation, the above limitation of liability does not affect your rights under said applicable mandatory national legislation.
You agree to indemnify, defend, and hold harmless DashTag, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of and/or your conduct in connection with Products, Services, Apps and/or your Shared User Data and your conduct in connection with other users, or any violation of these Terms and Conditions, any law or the rights of any third party.
Products, Services and Apps may make use of Third-Party Materials. The use of Third-Party Materials included in the Products, Services and Apps may be subject to other terms and conditions. Those are found on the website of the Third-Party.
You hereby agree that by submitting any order, you agree that you have read and accepted the terms and conditions for any Third-Party Materials included in with ordered Products, Services or Apps, if any.
Where DashTag provides links and/or access to third-party websites, and/or Third- Party Materials, it is solely as a convenience to you, and the inclusion of any link or access does not imply an endorsement by DashTag of the third- party site, or Third- Party Materials. DashTag is not responsible for Third-Party Materials or the content of any third- party websites, services or functionalities, any links contained in third- party websites or services, or any changes or updates to third-party websites or services.
Force majeure means circumstances not within DashTag’s reasonable control that impede the fulfilment of DashTag’s obligations under these Terms and Conditions, including late and/or delayed deliveries and incomplete deliveries by DashTag, and temporary or partial unavailability of your Account, Services, Apps, User Data and/or Shared User Data caused by circumstances beyond DashTag’s reasonable control. In the event of force majeure, all of DashTag's obligations shall be suspended. Should the period in which DashTag cannot fulfil its obligations as a result of force majeure extend beyond ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing and DashTag shall be entitled to dissolve the agreement for the Services or Apps with no obligation to pay any compensation whatsoever arising from or in connection with this dissolution.
In order to deliver the Products and Services to you, DashTag needs to use your personal information. DashTag adheres to European Union and other local privacy and data protection laws. Accordingly, DashTag will only use your information for the purpose and duration for which it was obtained. You can find our privacy statement at www.getdashtag.com/privacy-policy
Under applicable legislation, third parties have no rights to rely upon or to enforce any term of these Terms and Conditions, but this does not affect any third-party rights or remedies that may exist or be available outside such applicable legislation.
DashTag reserves the right to make amendments or additions to these Terms and Conditions at any time. You can find the most recent version on the DashTag Websites.
Any provisions in these Terms and Conditions by nature extend beyond the termination or expiration of any sale or license of your Account, Service, App, User Data, and Shared User Data will remain in effect after termination of these Terms and Conditions.
This includes but is not limited to DashTag's license to use, upload, modify, distribute, sublicense, reverse engineer, decompile or disassemble and display Shared User Data generated by you.
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. If any such provisions are found to be invalid, DashTag will present new terms and conditions to replace them. These new terms and conditions shall be interpreted, with regard to their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived therefrom.
To the extent that the terms of any DashTag policies or programs for support services conflict with the provisions of these Terms and Conditions, the provisions of these Terms and Conditions shall apply. If any provision of these Terms and Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
These Terms and Conditions and any disputes related thereto or to the purchase and use of the Products, Services, Apps, User Data, Shared User Data, etc. are subject to the laws of the Netherlands. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from applying to these Terms and Conditions.
The courts of ‘s Hertogenbosch, the Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising from or in connection with these Terms and Conditions (including any non-contractual disputes or claims).