General Terms and Conditions for Online Sales
of 
MyPoi World B.V.
Lübeckstraat 7, 7575 EE, The Netherlands
(“MyPoi World”)

1. Scope

a) These Terms and Conditions shall apply to all purchase orders submitted or to be submitted by you for any item or service offered for sale or use on or via the MyPoi World website, (referred to in these Terms and Conditions as the “Products”) including, but not limited to, (i) software, including, but not limited to, pre-installed software on any (navigation) devices (“Software”), (ii) services provided by MyPoi World, including Internet-based services, data services, real time information services, or the provision of other data, information, functionality or content (“Services”). MyPoi World reserves the right to make amendments or additions to these Terms and Conditions at any time without prejudice to the purchase orders already submitted.
b) By submitting an order, you accept and are bound by all the Terms and Conditions herein and any amendments and additions to it. 

2. Orders

a) Any purchase order submitted is subject to acceptance by MyPoi World. Only upon acceptance by MyPoi World by way of an order confirmation is the sale concluded.
b) MyPoi World reserves the right to reject any orders in full or in part or to apply a minimum or maximum order amount.

3. Price and payment

a) Sales prices indicated on the website are including VAT. Shipping and handling charges (if any) will apply in addition to the sale price indicated on the website. 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 but will not affect purchase orders made prior to the date of the change.
b) All purchases must be paid for through the payment service as made available by MyPoi World (“Payment Service”). 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 any other details necessary to complete the purchase.
c) If, for whichever reason, payment through the Payment Service should fail MyPoi World will remind or invoice you by email for the amount payable, which must be paid by cheque, postal order or credit card within 15 days from the date of invoice.

4. Delivery and risk of loss 

a) MyPoi World will endeavor to deliver boxed Product within 30 days of order acceptance. If multiple Products are purchased, MyPoi World reserves the right to deliver each Product separately. Download Products are available upon email notification to you which email will be sent out upon confirmation of your payment by the Payment Service..
b) Products will be delivered either to your delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to you.
c) If you refuse or neglect to take delivery of the Products, MyPoi World reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made.
d) If delivery to you should fail for any reason outside of MyPoi World’s control, MyPoi World reserves the right to cancel the purchase agreement and refund any monies paid.

5. Cancellation Policy

a) MyPoi World allows you to cancel a purchase agreement for any reason provided that the Product has not yet been used and is in its original packaging for boxed products with the seal intact at any time during the 7 working days following the date of delivery to your delivery address, and will refund the purchase price actually paid. If you choose to cancel the purchase agreement you must contact MyPoi World during the 7 working days following delivery by email via www.mypoiworld.com. MyPoi World may charge you for any directly associated shipping or postage costs incurred for return of the Product.
b) Purchases of Software may be cancelled in accordance with clause 5(a) provided that the seal has not been broken. Downloading, installing or activating Software are all considered as breaking the seal.
c) You agree that the supply of Services by MyPoi World will commence immediately on MyPoi World’s acceptance of your purchase order. You will not be able to cancel the purchase agreement after supply of the Services commences, unless MyPoi World fails to provide the Services with reasonable care and skill.

6. Licence, Copyright & Confidentiality

a) You are granted a licence to use the Products on the terms set out in this clause 6 (“License”).

b) The Products, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other are licensed, not sold, to for use only under the terms of this License. This License is non-exclusive and non-transferable and does not give your rights to any possible future upgrades of the Products unless this is expressly stated. The terms of this License will govern any Products’ upgrades provided by MyPoi World that replace and/or supplement the original Products, unless such upgrade is accompanied by a separate license agreement in which case the terms of that license agreement will govern. 

c) MyPoi World and its Licensors retain full ownership to the MyPoi World Software and the data contained by the MyPoi World Software itself including any updates of the MyPoi Software. MyPoi World B.V. reserves and retains all rights (including copyrights) not specifically granted to you.

d) This License allows you to install and use the Products on one single computer that is connected to one single personal navigation device. You may not make the Products available over a network where it could be used by multiple computers at the same time or use the Products with, or load data with the Products onto, multiple personal navigation systems. You may make one copy of the Products in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. 

e) Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Products or any part thereof. 

f) THE MYPOI WORLD SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE MYPOI WORLD SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 

g) Without prejudice to any other rights, MyPoi Worldmay immediately terminate the Licence if you fail to comply with any material term of these Terms and Conditions which shall be understood to include articles 6 and 7. In such event, you must destroy all copies of the Products and all of its component parts as well as any data content. 

h) Copyright and other intellectual, industrial and/or proprietary rights to the Products  and to any copies made of it are owned by MyPoi World and/or its suppliers. MyPoi World permits you to use the Software and Content only in accordance with these Terms and Conditions. 

i) You acknowledge and agree that the Products were developed at considerable time and expense by MyPoi World and are confidential to, and a trade secret of, MyPoi Worldand/or other third parties. You undertake to maintain the Products in strict confidence and not to disclose or provide access to the Product to any third party.

7. Other Restrictions

Renting, leasing, lending, sublicense, public presentation, performance or broadcasting or any other kind of distribution of the Products is prohibited. Other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the Products or any part thereof, to analyse it by means of reverse engineering, to decompile or disassemble the Products, to break or circumvent encryption or to allow or enable third parties to do so.

8. Third Party Licences

MyPoi World Products may make use of third party software codes, data, information functionality, other content and algorithms (“Third Party Materials”). The use of Third Party Materials included in the Products  may be subject to other terms and conditions. The official copyright notices and specific licence conditions of these Third Party Materials are included in the products and are available on our website www.mypoiworld.com. You hereby agree that the submission of any purchase order implies that you have read and accepted the terms and conditions for any Third Party Materials included in the Software and Content ordered.

9. Limited Warranty

a) MyPoi World warrants the media on which the Products is recorded and delivered by MyPoi World to you to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at MyPoi World’s option, a refund of the purchase price of the Products or replacement of the Products which are returned to MyPoi World with a copy of the original purchase receipt and proof of payment. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE OF THE PRODUCTS  FROM MYPOI WORLD SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING

b) MYPOI WORLD DOES NOT GUARANTEE AND CANNOT GUARANTEE THAT THE MYPOI WORLD PRODUCT IS WITHOUT ERRORS AND WILL OPERATE ERROR FREE. ERRORS MAY OCCUR DURING THE USE OF THE SOFTWARE AND/OR THE HARDWARE IN A NAVIGATION SYSTEM FOR EXAMPLE CAUSED BY LOCAL CONDITIONS, CHANGES OR ERRORS OR INCOMPLETE OR ERRONEOUS DATA. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MYPOI WORLD PRODUCTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. 

c) EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MYPOI WORLD PRODUCTS ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MYPOI WORLD  AND MYPOI WORLD'S LICENSORS (COLLECTIVELY REFERRED TO AS "MYPOI WORLD" FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MYPOI WORLD PRODUCTS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 

d) MYPOI WORLD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MYPOI WORLD PRODUCTS, THAT THE FUNCTIONS CONTAINED IN THE MYPOI WORLD PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MYPOI WORLD PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MYPOI WORLD OR AN MYPOI WORLD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MYPOI WORLD PRODUCTS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

10. Limitation of Liability

a) The Products may contain information regarding the location of speed cams. You acknowledge that the use of said speed cam data might be prohibited in certain countries and that use of such data on a navigation system might not be allowed and carries a fine or penalty. The use of the Products containing speed cam location data for loading said speed cam data on your navigation system is solely at your  own choice, risk and responsibility. Fines, confiscation of your navigation device or any other sanctions or penalties imposed on you by the authorities for use of speed cam location data on your navigation device are for your own account. MyPoi World will not be held liable for any costs resulting from these sanctions and levied on you by the authorities or any other entity.

b) The Products may contain certain information related to, but not limited to, locations, companies or other entities. While every effort is taken to ensure the accuracy of the information provided with the Products, no liability can be accepted by MyPoi World B.V. for any loss, damage or injury caused by errors in, or omissions from, the information provided.

c) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MYPOI WORLD B.V. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, TRAFFIC TICKETS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MYPOI WORLD B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

d) MYPOI WORLD IS ALSO NOT LIABLE FOR ANY DAMAGES CAUSED BY (A) FAILURES DUE TO INCOMPATIBILITY, INCLUDING BUT NOT LIMITED TO USE OF THE PRODUCTS WITH NON SPECIFIED HARDWARE AND SOFTWARE ENVIRONMENTS, (B) FAILURE TO USE THE PRODUCTS IN A MANNER FOR WHICH IT WAS NOT INTENDED AND/OR DESIGNED AND (C) UNAUTHORIZED USE OF THE PRODUCTS.

e) IN NO EVENT SHALL MYPOI WORLD’S B.V.’S TOTAL LIABILITY TO YOU FOR ALL YOUR DAMAGES EXCEED THE AMOUND OF THE ORIGINAL PURCHASE PRICE OF THE MYPOI WORLD SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Force Majeure

Force majeure means circumstances that impede the fulfillment of MyPoi World’s obligations under these Terms and Conditions which are not within MyPoi World’s reasonable control, including late and/or delayed deliveries and incomplete deliveries by MyPoi World caused by circumstances beyond MyPoi World’s reasonable control. In a force majeure situation all of MyPoi World’s obligations shall be suspended. Should the period in which MyPoi World cannot fulfil its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.

12. Privacy

MyPoi Worldwill not disclose information regarding your personal details, account or transactions to any third party other than in accordance with its Privacy Policy as indicated on MyPoi World’s website www.mypoiworld.com. You hereby agree that you have read and accepted the Privacy Policy. 

13. Links to Third Party Websites

MyPoi World is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where MyPoi World provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by MyPoi Worldof the third-party site or service.

14. Third Party Rights

Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation. 

15. Survival

Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.

16. Severability

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. You and MyPoi World are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards 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 from them.

17. Governing law

This agreement will be governed by and is construed in accordance with the laws of the Netherlands. You will be responsible to comply with any export regulations that might govern the export of the Products. The Vienna Sales Convention of 1980 is not applicable. Disputes between you and MyPoi World will be addressed in the Dutch court, venue Amsterdam, The Netherlands.

18. Questions 

Should you have any questions, suggestions or complaints concerning your order, your purchase, these Terms and Conditions, or if you desire to contact MyPoi World for any reason, please do so by sending an e-mail to legal@mypoiworld.com.