Joyn Joyn Terms of Service
Last Updated: March 22, 2018
Joyn Joyn SCRL (“Joyn Joyn”, “we”, “our” or “us”) welcomes you as users (“User(s)” or “you”) when you visit our website(s) at http://joynjoyn.com and any additional websites owned and operated by Joyn Joyn (the “Site”) or when you use our downloadable mobile application available on Google Play Store or Apple App Store (the “App”) or use our chatbot interface available at https://www.messenger.com/t/joynjoynbot (the “bot”) or when you use our API (the “API”) documented at http://developper.joynjoyn.com , all these usages collectively referred to as the “Service”.
These Terms of Service are a legally binding contract between you and Joyn Joyn regarding your use of the Service.
Additional services provided by Joyn Joyn, such as the usage of our API to develop your own application or service, shall also be subject to additional terms and conditions. In such case such additional terms shall be considered as part of these Terms.
If you do not agree to these terms, please do not use, access, download the service in any manner.
By acceptance of the Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited. You further consent to receive communications from us electronically. We may communicate with you a variety of ways, such as by e-mail, in-app push notifications, or by notices and messages on the Site. You may revoke your consent to any individually targeted communications at any time.
- Joyn Joyn Service
Our Service provides Users with a mobile application platform and/or a chatbot and/or an API web services enabling Users to plan and optimize their transportation trips in Joyn Joyn supported cities. This includes providing Users with public transit related information, including live, offline and online map information, line and station views, routing, estimated times of arrival and service alerts.
Joyn Joyn mostly integrates, provides and collaborates with third party providers to provide, additional transit and transit-related services, including on-demand transit services such as taxi-ride platforms and service providers, bike-sharing services, car-sharing services, car-pooling services, car-on-demand rental services and related payment services.
As part of the Public Transit Information Joyn Joyn also delivers to Users information about such third party transit-related services. Joyn Joyn continuously updates its Service with new offerings of new transportation means and transit related services and features, some of which may be experimental and/or offered in limited locations.
Joyn Joyn collaborates with and provides information on third party transit service providers via the Service. Such third party providers are independent from the Service and Joyn Joyn is in no way responsible, liable for, nor makes any representations on behalf of such third party providers.
You acknowledge and agree that Joyn Joyn shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with the use of the third party service provider.
You may, in your discretion, choose to create an account with Joyn Joyn via your Facebook (“User Account”).
Creating a User Account is needed depending on the usage you will have of the Service:
- The usage of the “Bot” or the “API” does not request you to create a specific user account with Joyn Joyn.
- The usage of the “App” requires to create a user account in order to enjoy specific features of the Joyn Joyn Services.
Creating a User Account for using the App, will allow you to retrieve (e.g. when downloading the Application on a different device) the following information: home address, office address or other favorite destinations are your in-app settings like your different Transit subscription information and payment related information.
You are solely responsible for maintaining the confidentiality of your Account. You agree to accept responsibility for all activities that occur under your Account and if you have reason to believe that your Facebook account, and/or your Joyn Joyn Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
You must be at least twelve(12) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least twelve (12) years of age; and (ii) if the User of the Services is under the age of 12 or is under the age of legal eligibility and capacity in the jurisdiction applicable to such User you hereby confirm that you are the legal guardian of the User and both you and the User have read and agreed to these Terms and approved of the User’s continued use of the Service subject to these Terms; (iii) that you have not previously been suspended or removed from the Service; and (iii) that your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
4. User representations and undertakings
You represent and warrant at all times throughout your use of the Site and/or App and/or the Bot and/or the API that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents it from fulfilling its obligation under this Agreement; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to it and the Service; (iii) your use of the Service has not been previously blocked, suspended or terminated; (iv) you do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of the Terms.
5. Use restriction
There are certain conducts, which are strictly prohibited on and/or with respect to the usage of the Service . Your failure to comply with the provisions set forth below may result (at Joyn Joyn’s sole discretion) in the termination or suspension of your access to the Site and/or App and/or Bot and/or API and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
- copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Service (or any part thereof);
- use the Service and/or in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct;
- interfere with or violate any other User or other third party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any Users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- interfere with or disrupt the operation of the Service, or the servers or networks that host the Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- sell, license, or exploit for any commercial purposes any use of or access to the Service;
- frame or mirror any part of this Site without Joyn Joyn’s prior express written authorization;
- create a database by systematically downloading and storing all or any of the content from the Service;
- impersonate any person or entity or provide false or misleading personal information;
- use the Service for any illegal, immoral or unauthorized purpose;
- use the Service for non-personal or commercial purposes without Joyn Joyn’s express prior written consent.
In the event that User provides Joyn Joyn with any suggestions, comments or other feedback relating to the App, Bot, API or usage of the Third Party Service provider (collectively, “Feedback”), such Feedback is deemed at the incipiency the sole and exclusive property of Joyn and User hereby irrevocably assigns to Joyn Joyn all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback.
Without derogating from the foregoing, User hereby represents and warrants that it shall not provide any Feedback which is subject to any third party rights or any limitations, and, without derogating from the foregoing, shall promptly inform Joyn Joyn as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided.
8. Intellectual property
Design, logos, graphics, icons, images, as well Joyn Joyn’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Joyn Joyn, and are subject to copyright and other applicable intellectual property rights under European laws.
9. Third Party Services
The Service is linked to and/or through certain third party websites and other third party services (collectively, “Third Party Services”). Such Third Party Services are independent from the Service. You hereby acknowledge that Joyn Joyn has no control over such Third Party Services, and further acknowledge and agree that Joyn Joyn is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.
10. Third Party Components
The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components.
These Terms do not apply to any Third Party Components accompanying or contained in the Service and Joyn Joyn disclaims all liability related thereto. You acknowledge that Joyn Joyn is not the author, owner or licensor of any Third Party Components, and that Joyn Joyn makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
11. Additional Services
Joyn Joyn offers as well for paying customers a connection to the Service via an API subject to separate terms and conditions which may be made available from time to time.
The Service availability and functionality depends on various factors, such as communication networks software, hardware, and Joyn Joyn service providers and contractors. We do not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
13. Change of the Service
Joyn Joyn reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Joyn Joyn shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.
User acknowledge by agreeing to the terms herein that Joyn Joyn provides no warranty as to the performance, correctness, functionality or suitability of the service for any particular purpose.
Joyn Joyn does not warrant or make any representation regarding the use, the inability to use or operate, or the results of the use of the content available on the Service.
The Service (and any part of it), including without limitation any content, data and information, is provided on an “As Is” and “As available” basis, without any warranty of any kind, express or implied, including warranties of title or noninfringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
Joyn Joyn, including any of their officers, directors, shareholders, employees, sub-contractors, agent (collectively “Joyn Joyn”), disclaim and make no representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any content, data, results, or any information obtained or generated in connection with your or any user’s use of the Service.
Joyn Joyn does not warrant that the operation of the Service is or will be secure, accurate, complete, uninterrupted, without error, or free of viruses, worms, other harmful components, or other program limitations.
Joyn Joyn may at it sole discretion and without any obligation to do so, correct, modify, amend, enhance, improve and make any other changes to the Service at any time, or discontinue displaying or providing any content or features without any notice to you.
You agree that the use of the Service is entirely, or otherwise to the maximum extent permitted by applicable law, at your own risk.
15. Limitation of Liabilities
In no event shall Joyn Joyn be liable for any damages whatsoever, including direct, indirect, incidental or consequential damages of any kind, resulting from or arising out of the service, use or inability to use the service, failure of the service to perform as represented or expected, loss of goodwill, data or profits, the performance or failure to perform under these terms, and any other act or omission or by any other cause whatsoever including without limitation damages arising from the conduct of any users and/or third party services .
16. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Belgium, and you submit to the non-exclusive jurisdiction courts located in Brussels for the resolution of any disputes.