Användarvillkor Walking Talking
Last updated: 29 September 2020
Walking Talking International AB, reg. no 556787-5421, (“Walking Talking”) provides a digital platform through the mobile application “Walking Talking” and the webb-app available at https://app.walkingtalking.com/walk (the “App”), enabling physical persons (the “Users”) to get in contact with each other and meet up for walk-n-talks of all kinds.
Separate terms and conditions may apply, in addition to these Terms, for specific purchases made by a User within the App.
“App” means the mobile application “Walking Talking” provided by us, available on Android and iOS, and the webb-app available at https://app.walkingtalking.com/walk the purpose of helping our Users to meet up for walk-n-talks of all kinds.
“Walking Talking”, “we”, “us” and “our” means Walking Talking International AB, reg. no 556787-5421, a company incorporated under the laws of Sweden, with registered address at Erstagatan 31, 116 36 Stockholm.
“Terms” means this document including any appendices hereto.
“Upgrades” means upgrades of your User Account offered by us from time to time in the App.
“User”, “you” and “your” means the individual using the App.
“User Account” means the personal account created by you in the App.
“Your Content” means any text, message, picture, video, link, data, and other information that you submit, upload, post, publish, communicate, display or otherwise handle through the App, as well as any such information you authorize us to access from your (i) Facebook or Google account, (ii) Apple ID or (iii) e-mail address.
“Websites” means the websites, owned and developed by Walking Talking, available at www.walkingtalking.se, www.walkingtalkinginternational.com, trainingat.walkingtalkinginternational.com and www.walkingtalking.com and www.walkingtalkingacademy.com (the “Websites”)
- ACCEPTANCE OF TERMS
- In order to register for a User Account and by using the App, you must have read, understood and accepted these Terms. When registering for a User Account, you agree to strictly adhere to these Terms and to be legally bound to the Terms in relation to us.
- We reserve the right to modify these Terms at any time in our sole discretion. The modified Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the App. We will notify you by message in the App and/or by e-mail to the address provided to us upon registration thirty (30) days in advance of any material changes taking effect and your continued use of the App after such notification constitutes your agreement to the updated Terms. If you do not agree to these Terms or any updated version of the Terms, your only remedy is to discontinue using the App.
- You can access the latest version of these Terms at any time in the App or via our Website. We advise you to review the App or our Website periodically for any changes of the Terms.
- A copy of the latest version of these Terms will be sent to you upon your request.
- You may only use the App if you are at least eighteen (18) years old and have legal capacity.
- ACCESS TO THE APP
- In order to get access to the App, you need to login using your Facebook or Google account, Apple ID or e-mail address. When doing so, you authorize us to access certain data from such account, such as name, gender, e-mail address, country of residence and profile picture, to create your User Account for the App. You are responsible for providing accurate, current, and complete information to us when creating the User Account and using the App.
- RIGHT TO USE THE APP
- Upon registration of your User Account and your acceptance of these Terms, we grant you a non-exclusive, non-transferable, revocable, limited license to use the App on your device(s) in accordance with these Terms and any applicable Apple App Store or Google Play Store terms and conditions, for as long as you have a valid User Account with us.
- Except as expressly granted in these Terms, you shall have no other rights to the App. All right, title and interest in and to the App and the content therein (excluding Your Content), not expressly granted, are reserved and retained by us or our licensors and will remain the exclusive property of Walking Talking and/or our licensors.
- LICENSE GRANT AND ACCESS RIGHTS
- You grant us a worldwide, non-exclusive, transferable, and royalty-free right to use, reproduce, modify, transfer, make available to the public, publish, create derivative works from, and publicly display Your Content on and through the App. You shall be solely responsible for Your Content and the consequences of posting or publishing Your Content.
- In order for the App to function properly, you grant us the right to use the processor, mobile data, storage, location service, camera, screen, microphone, accelerator and vibrate function on your device, as well as send you push notifications. Should you no longer wish to receive push notifications, you may adjust the settings in your mobile device.
- UPGRADES OF THE USER ACCOUNT
- When you register for a User Account, you will have access to a limited, free of charge, version of the App. However, we may from time to time offer possible subscription Upgrades of your User Account in the App, which in each event will be subject to your acceptance thereto. Upgrades may be provided free of charge while others are provided for a subscription fee. The fee for each subscription Upgrade of the User Account may vary and are as specifically set out in the offer and/or the separately applicable terms thereto, which you must accept in order to get access to the relevant subscription Upgrade.
- If you accept an Upgrade of your User Account, and if such Upgrade is subject to a monthly subscription fee, you will be charged such fee on a monthly basis unless otherwise specifically set out in the additional terms applicable to the Upgrade.
- Unless otherwise specifically set out in the accepted additional terms applicable to the Upgrade, the first payment for the Upgrade shall be made in connection with your acceptance of the Upgrade. The recurring subscription fee will then be charged monthly in advance.
- Payment for any Upgrades shall be made with one of the payment options available at any given time through the App. Payments are handled either through Google Play Store or Apple App Store, or any other payment service provider available from time to time. For more information regarding the payment services available to you for In-App-Purchases, and the applicable terms and conditions of such payment services, please visit the website of the third-party (Google or Apple) providing the relevant payment service.
- If you have accepted an Upgrade, you can at any time request a downgrade of the User Account to the standard limited, free of charge, version of the App. If you choose to downgrade the User Account to the standard limited, free of charge, version of the App, the current Upgrade will continue to apply until the end of your current billing period. Thereafter, your User Account will be downgraded. No refunds are made. You can manage your subscription and cancel the Upgrade in your User Account settings in the App. In order to cancel your recurring payments for the Upgraded User Account, you must cancel such subscription in either Google Play Store or Apple App Store or any other applicable third party payment service provider available from time to time.
- Unless otherwise expressly stated in writing, you are solely responsible for any taxes and/or fees arising from your use of the App.
- CONSUMER RIGHTS
- The Terms do not exclude, limit or otherwise restrict the rights vested with consumers under applicable consumer law and shall not be construed as such.
- Consumers have a statutory right of withdrawal in accordance with the Distance and Off-Premises Contracts Act (Sw. Lag (2005:59) om distansavtal och avtal utanför affärslokaler). However, Premium subscriptions are digital content not supplied on tangible media. The right of withdrawal vested with consumers does not apply to such digital content. If you as a consumer purchase an Upgrade, you acknowledge and expressly agree that you will lose your right of withdrawal as soon as your User Account has been Upgraded. Google Play Store and Apple App Store or any other payment service providers may have their own terms and conditions which apply to purchases of subscriptions made via such third-party providers, please review such third party’s terms and conditions before making a such purchase of an Upgrade.
- YOUR RESPONSIBILITIES
- When using the App, you undertake to comply with the Terms and any applicable guidelines. Further, you may only use the App in accordance with applicable law or regulation. You may not use the App in a way that causes us, other Users, or any third-party harm. Further, you may not use the App for the transmission of any information that is obscene, libellous, harassing, abusive threatening, invasive of a User’s privacy, or in violation of any other individual’s intellectual property rights.
- Your User Account is for your own use. You may not authorize others to use your User Account and you may not assign or otherwise transfer your User Account to any other person or entity. You are responsible for maintaining the confidentiality of the login credentials used to login in the App and are responsible for any and all activities and postings that are made using your User Account. Further, you are responsible that the information provided to us is accurate, complete, and current at all times.
- You are solely responsible for Your Content communicated or transmitted through the App and your User Account. You may not use, communicate or publish any information (including Your Content) that, for example, but not limited to:
- may violate the integrity of, intimidate or offend another person, or may challenge criminal actions;
- is considered as fraudulent or unlawful behavior;
- restrict or inhibit any other person or User from using the App or any portion of the App, including without limitation by hacking or defacing any portion of the App;
- is intended to bully, scare, defame, abuse, harass, stalk, threaten or otherwise violate other Users or the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users;
- contains or depicts anything that is immoral, intrusive, unethical, or could reasonably be expected to be used for such immoral, intrusive, or unethical purposes;
- contains any material, non-public information about a company without the proper authorization to do so;
- is subject to any third party intellectual property rights that have not been granted to you for this use; or
- is not permitted by any applicable law or regulation (for example discrimination and/or racial agitation).
- You may not use, copy or transfer the App, or parts thereof, other than as permitted under the Terms. You may under no circumstance alter, develop, or create additions to the App. You may not use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate the source code of the App, or create backup copies, except as provided by mandatory law. You may not sublicense, rent, loan or otherwise permit any third party, directly or indirectly, to dispose or otherwise use the App.
- You may not alter or remove any proprietary notices from the App regarding patents, copyright, trademark or other intellectual property.
- You warrant that Your Content is free from any third party dependencies or third party rights and that you have the right to grant us the license herein. Further, you warrant that our use of Your Content will not infringe any third party intellectual property rights.
- You warrant that Your Content is in compliance with the Terms, as well as applicable laws and regulations.
- If you are notified of or otherwise become aware of any claims related to the aforementioned warranties, you shall immediately inform us thereof and shall assist us in any actions that we see fit to take.
- Further, you represent and warrant that the posting and use of Your Content does not violate privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, trade secrets, know-how or any other rights of any person or company, and that the posting of Your Content does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any third party relating to Your Content.
- TERMINATION OF USER ACCOUNT
- You may terminate your use of the App and close your User Account at any time. These Terms will apply until your User Account has been closed. Information on how to close your account can be found in the App. No refunds of the subscription fee are made if you terminate an Upgraded User Account. In order to cancel any recurring payments for the Upgraded User Account or any In App Purchases, you must cancel such subscription and/or payments in either Google Play Store, Apple App Store or any other payment service provider available from time to time. For further information on how to terminate such purchases, please visit the applicable website or contact their customer service.
- We reserve the right, in our sole discretion, to terminate your User Account and your right to use the App without liability for any damages in relation to you.
- We care about your safety and strive to keep the App a safe, respectful, and friendly place. If you want to report any misconducts, or if you suspect that a User is not eligible to use the App, please contact us using the contact details herein, or use the feedback function in the App.
- We do not conduct any criminal background checks or control the identity of Users. When you interact with other Users – especially when you communicate or meet outside of the App – be careful and cautious.
- You should never provide other Users with your passwords, credit card or bank account details, or transfer any money to other Users.
- INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights such as copyrights, trademarks etc. which subsist in the App are owned by us and protected by applicable law. Nothing in these Terms or any additional terms, shall be interpreted as a transfer of such rights (or part of such rights) to a User. You as a User only receives the limited rights to use the App as set out in these Terms.
- The marks and trademarks “Walking Talking”, “Step by step, side by side” and the Walking Talking logo are marks owned by us. Except as may be otherwise indicated, any other trademarks, service marks, logos and/or trade names appearing in the App are the properties of their respective owners. You acknowledge the rights of us and the respective third parties in those marks and that you may not copy or use any of these marks, logos, or trade names without the prior written permission of the respective owner.
- NO WARRANTY
- THE APP AND ANY CONTENT CONTAINED AND MADE AVAILABLE THROUGH THE APP, INCLUDING TEXT, PHOTOS, INFORMATION, LINKS, OR OTHER ITEMS ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE”.
- WE DO NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR THE APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APP. WE DO NOT ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, INFORMATION, OPINION, OR STATEMENT POSTED OR MADE BY ANY USER THROUGH THE APP. WE DO NOT WARRANT THAT YOUR USE THE APP WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.
- LIMITATION OF LIABILITY
- WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APP. YOU EXPRESSLY AGREE TO HOLD US HARMLESS FOR ANY CLAIM, CONTROVERSY, OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES.
- WE WILL NOT BE LIABLE TO THE USER FOR ANY DELAY IN PERFORMANCE OR FAILURE TO PERFORM OUR OBLIGATIONS IN ACCORDANCE WITH THESE TERMS, WHERE SUCH DELAY OR FAILURE IS DUE TO CIRCUMSTANCES BEYOND OUR CONTROL AND UNKNOWN TO US AT THE DATE OF THESE TERMS.
- OUR MAXIMUM AGGREGATE LIABILITY TO YOU IS LIMITED TO SEK 1,000. WE EXPRESSLY EXCLUDE ALL LIABILITY TO ANY THIRD PARTY.
- YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, OR DEMANDS OF LIABILITY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE APP AND/OR YOUR VIOLATION OF THESE TERMS.
- TERMS APPLICABLE IF YOU USE THE APP ON APPLE DEVICES
- You acknowledge and agree that Apple Inc. and Apple’s subsidiaries are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
- Apple Inc. will not provide any support.
- IN THE EVENT OF ANY THIRD-PARTY CLAIM THAT THE APP INFRINGES A THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS, WE, NOT APPLE INC., WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENCE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
- APPLE INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER UNDER THE TERMS.
- We may, at our own discretion and at any time, alter, modify, correct, amend and make all other changes to the App, as well as remove access to or terminate the App, without prior notice or any liability to you.
- We reserve the right to, without prior notice and without compensation, remove any material (including Your Content) that we find obscene, contains inappropriate material and/or in any other way could violate the Terms, Swedish law or any mandatory national law which may apply to the User and/or may infringe someone else’s intellectual property rights.
- You agree that we may communicate with you by sending e-mail to the e-mail address you have registered with us or by providing information to you through our App (including push-notifications), regarding these Terms, the App, customer service matters, or any other communications related to your use of the App. You agree to make sure that the e-mail address you have registered with us is accurate.
- You are not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from us, if not explicitly allowed to under the Terms.
- We have the right, without prior obtaining of approval, to assign the Terms to another company in the same company group as Walking Talking, or a third party in connection with a transfer of all or substantially all of Walking Talking’s assets.
- If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of us to enforce our rights under the Terms shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING INTELLECTUAL PROPERTY RIGHTS, DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE DELETION OF YOUR ACCOUNT.
- The Terms constitute the initial agreement between you and us on all issues to which the Terms relate. However, if you accept an Upgrade of your User Account, separate additional terms will also apply and will together with these Terms form the entire agreement between you and us. In the event of any discrepancy or inconsistency between these Terms and the terms of any such additional agreement, the terms of the additional agreement shall prevail over these Terms.
- LAW AND VENUE
- The Terms shall be construed in accordance with and governed by the laws of Sweden without regard to its conflict of law provisions.
- If you want to make a claim regarding the App, you may contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämden), at Box 174, 101 23 Stockholm, or on their website arn.se.
- Any dispute, controversy or claim arising out of or in connection with the Terms shall be finally settled by Swedish courts, with the Stockholm district court (Stockholms tingsrätt) as the court of first instance.
- CONTACT INFORMATION
- If you have any questions regarding the Terms, or any question, complaint or claim, please contact us at:
Walking Talking International AB,
Reg. no 556787-5421
Address: Erstagatan 31, 116 36 Stockholm