PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE APP OR USING THE SERVICES.
These Terms of Use ("Terms") govern the access or use by you, a physical person, from any country in the world of applications, websites, content, products, and services (the "Services") made available by Citec Ingénieurs Conseils SA, based in 47, route des Acacias, postal box 1711, CH- 1211 Geneva 26, Switzerland ("CITEC") for the abiGO application.
Your access to and use of the Services constitutes your agreement to be bound by these Terms, and thereby establishes a contractual relationship between you and CITEC. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreement or understanding with you. CITEC may immediately terminate these Terms or the Services used by you, or generally cease offering or deny access to the Services or any part thereof, at any time and for any reason.
Additional Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such additional terms will be communicated to you in connection with the applicable Services. The Additional Terms supplement the Terms and shall be deemed to be an integral part of the Terms for purposes of the applicable Services. The Additional Terms shall take precedence over these Terms if they conflict with the applicable Services.
CITEC may amend the Terms relating to the Services from time to time. The changes will be effective upon CITEC's posting of such updated Terms on this site or the amended policies or additional Terms on the applicable Services. If you access or use the Services after such publication, you agree to be bound by the Terms, as modified.
The collection and use of personal information in connection with the Services is in accordance with CITEC's Privacy Policy available at https://www.citec.com/privacy/.
abiGO constitutes a technology application that enables users (drivers) to accept jobs and arrange or schedule transportation and/or logistics services for the Events organized by the Fédération Internationale de Football Association (FIFA), located in Strasse 20, 8044 Zurich, Switzerland.
Subject to your compliance with these Terms, CITEC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. All rights not expressly granted in this Agreement are expressly reserved by CITEC and CITEC's licensors.
You are prohibited from: (i) remove any copyright, trademark, or other proprietary markings from any part of the Services; (ii) reproduce, modify, prepare derivative works of, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by CITEC; (iii) decompile, reverse engineer, or disassemble the Services except as permitted by applicable law; (iv) link to, duplicate, or frame any part of the Services; (v) use or launch any program or script to extract, index, analyze, or otherwise derive data from any part of the Services or unduly burden or impair the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or compromise any aspect of the Services or related systems or networks.
You acknowledge that portions of the Services may be made available by certain of CITEC's subsidiaries and affiliates or Independent Third-Party Providers, including drivers of transportation network companies, chartered transportation permit holders, or holders of similar transportation permits, authorizations, or licenses.
The Services may be made available or accessible in connection with third party services and content, which CITEC does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. CITEC does not endorse such third-party services and content and in no event shall CITEC be liable for the products or services of such third-party providers.
In order to use most features of the Services, you must register for and maintain a personal account for the Services ("Account"). You must be at least 18 years of age or the legal age to drive in your jurisdiction (if other than 18 years of age), to obtain an Account. To register for the Account, you must provide CITEC with certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete and current information in your account. Failure to comply with your commitment to maintain accurate, complete and current Account information may result in your inability to access and use the Services or termination by CITEC of this Agreement with you. You are responsible for all activity that occurs on your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by CITEC in writing, you may only hold one Account.
The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistical services from Third Party Providers unless accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws while using the Services, and to use the Services only for lawful purposes (e.g., you may not transport illegal or hazardous materials). By using the Services, you will not cause annoyance, harassment, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In some cases, you may be required to provide identification to access or use the Services, and you acknowledge that you may be denied access to or use of the Services if you refuse to provide identification.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network messaging and data rates and charges may apply if you access or use the Services from a device with a wireless connection, and you will be responsible for such rates and charges. You are responsible for acquiring and updating any compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. CITEC does not guarantee that the Services, or any part thereof, will work on any specific hardware or devices. In addition, the Services may be subject to malfunctions and delays related to the use of the Internet and electronic communications.
The Services and all rights thereto are and shall remain the property of CITEC, or its respective licensors. Neither these Terms nor your use of the Services transfers or confers on you any rights: (i) in connection with the Services, except for the limited license granted above; or (ii) to use or refer in any manner whatsoever to the company names, logos, product or service names, trademarks, or service marks of CITEC or those of CITEC's licensors.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITEC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET FORTH IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, CITEC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES, OR THE SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CITEC DOES NOT GUARANTEE THE QUALITY, ADEQUACY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING FROM YOUR USE OF THE SERVICES, AND ANY SERVICES OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS WITH YOU, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
CITEC shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, loss of data, personal injury, or property damage, in connection with or otherwise arising out of the use of the services, even if CITEC has been advised of the possibility of such damages. CITEC will not be liable for any damages, liabilities or losses resulting from: (i) the use of or reliance on the services or the inability to access or use the services; or (ii) any transaction or relationships between you and any third-party provider, even if CITEC has been advised of the possibility of such damages. CITEC shall not be liable for delay or failure to perform resulting from causes beyond CITEC's reasonable control.
You acknowledge that third party transportation providers who provide transportation services requested through certain brands may offer ridesharing or peer-to-peer transportation services and may not have professional licenses or permits. In no event shall CITEC's total liability to you in connection with the services for all damages, losses and causes of action exceed the sum of five hundred euros (€500).
The limitations and disclaimer of warranties in this section are not intended to limit liability or modify rights of the consumers which may not be excluded by applicable law.
You agree to indemnify and hold CITEC and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Services or the services or goods obtained through your use of the Services; (ii) your violation of any of these Terms; (iii) CITEC's use of your Content; or (iv) your violation of the rights of third parties, including Third Party Providers.
To access the app and apply for jobs or schedule your shifts you will have access to the personal data of the final users.
Therefore, you undertake to comply for the aspects falling within your competence, with the provisions in force concerning personal data with reference to EU Regulation 2016/679 and subsequent amendments and additions.
Pursuant to and for the purposes of the EU Regulation 679/2016, accepting these Terms and Conditions you give your consent to the processing of your personal data concerning, for the purposes related to the execution of this agreement and the fulfillment of the legal and contractual obligations deriving from it.
In particular, you acknowledge that your personal data will be processed (both manually and using IT means) by observing suitable security measures to guarantee the confidentiality of the data. The data will be processed for the entire duration of the contractual relationships established as well as, also subsequently, for the fulfillment of legal obligations and for future commercial purposes.
You have the rights referred to in art. 15 of EU Regulation 679/2016 and, in particular, the right to know your data, to have them integrated, modified, canceled for violation of the law and / or to oppose their treatment.
Except as otherwise provided in these Terms, these Terms shall be governed by and construed exclusively in accordance with the laws of Switzerland.
The 1980 Vienna Convention on the International Sale of Goods (CISG) will not apply.
Any dispute arising out of the execution and/or interpretation of this Agreement shall be decided by the Tribunal of Geneva.
CITEC may send you notice by means of a general notice about the Services, by electronic mail to the email address in your Account, or by written notice sent to your address as provided in your Account. You may send notice to CITEC by written communication to CITEC's address at support@citec.ch.
You may not assign or transfer these Terms, in whole or in part, without CITEC's prior written consent. You give your consent to CITEC to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of CITEC's capital, business or assets; or (iii) a successor upon merger. No joint venture, partnership, dependency, or agency relationship exists between you, CITEC, and any Third-Party Provider as a result of this agreement between you and CITEC or your use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof, to the extent required, shall be deemed not to form part of these Terms, but the legality, validity and enforceability of the other provisions of these Terms shall not be held to be ineffective or invalid. In such event, the parties will replace the illegal, invalid or unenforceable provision, or part thereof, with a legal, valid and enforceable provision, or part thereof, that is, to the maximum extent possible, similar in effect to the provision (or part thereof) found to be illegal, invalid or unenforceable, having regard to the contents and purpose of these Terms. These Terms constitute the entire Agreement and understanding of the parties with respect to its subject matter and succeed and supersede and derogate from all prior or contemporaneous agreements or undertakings relating to the same subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to".