Disclaimer

Gouda Cheese app

The Gouda Cheese app ("App") is provided by the Stichting Gouda Cheese Experience, Agnietenstraat 21, 2801 GZ Gouda, the Netherlands (Cheese Experience) and can only be used in conjunction with a visit to the Gouda Cheese Experience.If and to the extent that you do not have access to the Experience, the App and associated Services will provide only limited functionality. By using or accessing our App, you agree to these terms and conditions. Please read the terms and conditions carefully.

Use our App & Services

You must comply with these terms and conditions and all terms and rules displayed and/or referenced in the App and/or the Services.

You must not abuse our Services and the App. Do not disrupt our App and Services or attempt to access the Services and/or the App by any method other than in accordance with the interface and instructions we provide, or in breach of these terms and conditions. You may only use our Services and App in the manner permitted by law, including applicable laws and regulations relating to export and re-export. We may suspend or cease providing or making available our App and/or Services to you if you fail to comply with our terms and conditions or policies or if we investigate or find alleged misconduct.

Your use of the App and/or our Services does not grant you any (intellectual property) rights to our App and/or Services. These terms do not grant you the right to use the trademarks or logos used in our App and/or Services. You may not remove, obscure or alter any legal information displayed in or near our App and/or Services.

Our App and Services display or make available certain content that is not owned by the Cheese Experience. The entity making the content available is solely responsible for that content. We may review content to determine whether it is illegal or violates our policies, and we may remove or not display content that we have reasonably determined violates our policies or the law. However, this does not necessarily mean that we review content, therefore please do not assume that we do.

Please do not use the App in a way that distracts you or prevents you from complying with applicable traffic or safety rules.

Your access to our App and/or Services

Access to our Services is regulated through the Gouda Cheese App. This App is free to access and there are no charges. No specific user information is used.

Data we use

Our App accesses the following items ("Data") on the device:
- General (network-based) location and detailed (GPS) location
- Motion sensors of the device
- Read content from external storage device
- Full internet access
- Prevent device from going into sleep mode
- Battery usage
- Camera
- Your IP address;
The Services back direct access to the device; the App takes the initiative to retrieve data made available by the Services.

We do not place cookies.

Privacy

The Gouda Cheese App only connects to Services to retrieve the latest state of the required data. The use of the camera only serves to display Augmented Reality content in relation to the real world. Camera images are not stored by the App or transmitted to the Services. No data of the user or the device is recorded by the App or the Services.
You consent to the use and storage of the data on your device.

The App requests your location in the background with the sole purpose of informing you of locations where content can be shown. Location data is not transmitted to the Services.

About software in our Services

Where the App and/or a Service requires or includes downloadable software, this software may be automatically updated on your device when a new version or feature becomes available.
Cheese Experience hereby grants you a personal, worldwide, non-transferable, non-sublicensable and non-exclusive licence to use the App. This licence is granted to you solely to enable you to use and benefit from the App provided by Cheese Experience, in a manner that complies with these terms and conditions. You may not copy, modify, distribute, sell or lease any part of our App or included software, and you may not reverse engineer or attempt to extract the (source code of) such software or this App, unless such restrictions are prohibited by law or you have obtained our written consent. This licence may be terminated by Cheese Experience at any time by means of a notice to that effect, without owing you any compensation or damages.

Certain software used in our App or Services may be provided under an open source licence or subject to the intellectual property rights of third parties. In that case, the open source licence terms or the licence terms of the relevant third party/parties will take precedence over these terms. If and insofar as the App or the Services consist in whole or in part of or are based on software of which Cheese Experince is not the (sole) owner, Cheese Experience will never grant more rights in this respect than it has obtained from its third-party supplier(s).

Customise and end our App / Services

We are constantly adapting and improving our App and Services. We may add or remove functions or features from it. We may also suspend or even terminate your right to use the App (and, if applicable, the Services).

You can discontinue your use of our Services and/or the App at any time. Cheese Experience may also discontinue the provision of Services to you or add or set new restrictions on our App and/or Services at any time.
Cheese Experience may exercise the above powers at its own discretion and at any time it wishes, without owing you any compensation or damages in this regard.

Warranties and reservations

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS OR ADDITIONAL TERMS AND CONDITIONS, CHEESE EXPERIENCE AND ITS SUPPLIERS OR DISTRIBUTORS MAKE NO SPECIFIC PROMISES REGARDING THE SERVICES AND THE APP. FOR EXAMPLE, WE MAKE NO PROMISES ABOUT THE CONTENT IN THE SERVICES, THE SPECIFIC FUNCTIONALITY OF THE SERVICES OR THE APP AND THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APP AND (WHERE APPLICABLE:) THE SERVICES AS IS ('AS IS').
SOME JURISDICTIONS IMPOSE CONDITIONS ON CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED WARRANTIES.
CHEESE EXPRERIENCE DOES NOT GUARANTEE THAT (PUSH) MESSAGES, NOTIFICATIONS AND/OR ALERTS SENT VIA THE SERVICES AND/OR THE APP WILL BE RECEIVED (IN A TIMELY MANNER) BY THE PERSONS AND/OR RECIPIENTS FOR WHOM SUCH MESSAGES, NOTIFICATIONS AND/OR ALERTS ARE INTENDED. CHEESE EXPERIENCE, ITS AFFILIATED COMPANIES AND ITS SUPPLIERS SHALL NOT BE RESPONSIBLE AND/OR LIABLE IN THIS REGARD AND FOR ANY RELATED CONSEQUENCES.
CHEESE EXPERIENCE DOES NOT GUARANTEE THAT MESSAGES YOU RECEIVE OR SEND THROUGH THE SERVICES AND/OR THE APP ARE ACCURATE AND/OR COMPLETE AND/OR RECEIVED IN A TIMELY MANNER. CHEESE EXPERIENCE, ITS SUPPLIERS AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE IN THIS REGARD.

Liability for our App/Services

TO THE EXTENT PERMITTED BY LAW, ALL LIABILITY OF CHEESE EXPERIENCE, ITS SUPPLIERS AND COMPANIES ASSOCIATED WITH CHEESE EXPERIENCE IS COMPLETELY EXCLUDED.
THIS EXCLUSION RELATES (ALSO BUT NOT EXCLUSIVELY) TO:
- DAMAGE CONSISTING OF OR RELATING TO (THE CONSEQUENCES OF) INJURY AND/OR DEATH;
- ANY OTHER FORM OF DAMAGE;
- CLAIMS BASED ON WRONGFUL ACT, CLAIMS BASED ON BREACH OF CONTRACT AND CLAIMS BASED ON ANY OTHER (LEGAL) GROUNDS.

About these conditions

We may update these terms, for example, to reflect changes in the law or changes to our App or Services. You should review these terms regularly. We post notifications of modified (additional) terms in the relevant Services and/or the App. Changes are not applied retroactively and do not take effect until fourteen days after they are posted. However, changes due to new features or changes made for legal reasons will take effect immediately. If you do not agree to the amended terms, you must immediately terminate your use of the Services and the App.

These terms and conditions govern the relationship between Cheese Experience and you regarding the App and (where applicable) our Services. No third party rights can be derived from the terms and conditions.
If you fail to comply with these terms and we do not take immediate action, this does not constitute a waiver of any rights we may have (such as the right to take future action).

If it turns out that a particular condition is not enforceable, this does not affect the other conditions.
These terms and conditions and the use of the App and the Services are governed by Dutch law. Disputes should be submitted in first instance exclusively to the competent court in Rotterdam.