Last updated on October 16, 2009
0) Contractual partner
In case you are a resident of Switzerland this is a legal agreement between
you, the end user, and ROUTE 66 International GmbH, Poststrasse 5, 8808 Pfäffikon, Switzerland.
In case you are NOT a resident of Switzerland this is a legal agreement between you,
the end user, and ROUTE 66 Switzerland GmbH, Poststrasse 5, 8808 Pfäffikon, Switzerland.
Both companies are referred to as "ROUTE 66".
1) Scope
a) These Terms shall apply to all purchase orders submitted or to be submitted
by you for any item or license offered for sale or use on or via the ROUTE 66
website ("Products"), including, but not limited to, (i) hardware devices,
accompanying items and accessories and any devices, items or accessories
containing pre-installed software ("Hardware"), (ii) software, including
pre-installed software on any of the devices, items or accessories ("Software")
and (iii) services provided by ROUTE 66, including ROUTE 66 Internet-based
services, real time information services such as traffic information and
weather forecasts, data services, information services or information obtained
through the information services ("Service"). ROUTE 66 reserves the right to
make amendments or additions to these Terms and Conditions at any time.
b) Due to legal restrictions, ROUTE 66 does not provide information about
safety camera locations in Switzerland. The use of safety camera information
may also be illegal in some other countries. Therefore, please check the
current legislation regarding the use of such information before purchasing
and downloading it. ROUTE 66 disclaims all liability arising out of any
download and use of this safety camera database. Furthermore, ROUTE 66 shall
not be liable for the accuracy and integrity of the information contained in
the safety camera database.
c) 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 ROUTE 66. Only upon
acceptance by ROUTE 66 by way of an order confirmation the sale is concluded.
b) ROUTE 66 reserves the right to reject any orders in full or in part or to
apply a maximum order amount.
c) All orders for Hardware are subject to
stock availability.
d) All purchases are paid for through the payment service as offered on the ROUTE
66 website. In order to submit orders you must supply details of your preferred
payment method, billing and shipping address and any other details necessary to
complete the purchase.
3) Price and payment
a) The amount payable shall be collected prior to conclusion of the sale in
case of payment through bank transfers or after conclusion of the sale in case
of payment through any other payment method.
b) Shipping 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.
c) If, for whichever reason, payment should fail ROUTE 66 will invoice you for
the amount payable, which must be paid for within 15 days from the date of
invoice.
4) Delivery and risk of loss
a) ROUTE 66 will endeavour to deliver the Product within 30 days of order
acceptance. If multiple Products are purchased, ROUTE 66 reserves the right to
deliver each Product separately.
b) Products will be delivered either ex-warehouse or electronically. The risk
of loss or damage will pass to you at the moment the Products are delivered to
your delivery address or possession.
c) If you refuse or neglect to take possession of the Products, the Products
will be stored at your expense.
d) If delivery to you should fail, ROUTE 66 reserves the right to dissolve the
purchase agreement and refund any monies paid.
5) Cancellation Policy
a) ROUTE 66 allows you to cancel a purchase agreement for Hardware that has not
yet been used and to return such Hardware after obtaining an RMA number (Return
Materials Authorization) until 7 working days following the date of delivery to
your delivery address ("Cancellation Period") for a refund of the purchase
price actually paid. If you choose to cancel the purchase agreement for
Hardware, you must contact ROUTE 66 during the Cancellation Period by email via
support@66.com to obtain an RMA number and
return the Hardware in its original packaging, free of all liens, claims, or
encumbrances, to the address provided by ROUTE 66. ROUTE 66 may charge you for
any associated shipping costs.
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 breaking as the seal.
c) Purchases of Services will not be eligible for cancellation.
6) Software License, Copyright
& Confidentiality
a) You are granted a license to use the Software and Services ("License") for
internal use only. You may install the Software on only one computer or
Hardware device at any time and in combination with only one navigation system.
You may not provide the Software or Services or information obtained through
the Services to others, directly or indirectly. This License is non-exclusive
and non-transferable. This License does not grant any rights to obtaining
future upgrades, updates or supplements to the Software. If upgrades, updates
or supplements to the Software are obtained, however, the use of such upgrades,
updates or supplements is governed by these Terms and Conditions and any
amendments that may accompany them and may be subject to additional payments
and conditions.
b) ROUTE 66 reserves the right, with or without notice, to discontinue update,
upgrade and supplement services provided to you or made available to you
through the use of the Software.
c) Without prejudice to any other rights, ROUTE 66 may immediately terminate
the License if you fail to comply with any of these Terms and Conditions. In
such event, you must destroy all copies of the Software and all of its
component parts.
d) Copyright and other intellectual, industrial and/or proprietary rights to
the Software and to any copies made of it are owned by ROUTE 66 and/or its
suppliers. ROUTE 66 permits you to use the Software only in accordance with
these Terms and Conditions. All rights not specifically granted in these Terms
and Conditions are reserved by ROUTE 66. You may either (a) make one copy of
the Software solely for backup or archival purposes, or (b) transfer the
Software to a single medium provided the original is kept solely for backup or
archival purposes. Product manual(s) or written materials may not be copied,
except for your own use. You may not copy, download, upload or in any other way
reproduce information obtained through the Service, except for creating one copy
solely for backup or archival purposes. You do not acquire ownership of the
Software or information obtained through the Service.
7) Third Party Software Licenses
ROUTE 66 products may make use of third party software or information. The use
of third party materials included in the Software may be subject to other terms
and conditions. The official copyright notices and specific license conditions
of these third party software codes, information and algorithms are to be found
in or via the ‘Third Party Software Licenses’-folder on the CD/SD/ROM/HardDisk.
You hereby agree to the terms and conditions for such third party software or
information.
8) Other Restrictions
a) Renting, lending, 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 analyze it by means of
reverse engineering, to decompile or disassemble the Products, or to make
products derived from it.
b) You acknowledge and agree that the Products were developed at considerable
time and expense by ROUTE 66 and are confidential to, and a trade secret of, ROUTE
66 and/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.
9) Limited Warranty
a) ROUTE 66 does not and cannot warrant that the Products operate error-free
nor that any information provided is always accurate. Calculation errors may
occur when using Software and/or Hardware in a navigation system such as those
caused by local environmental conditions and/or incomplete or incorrect data.
b) ROUTE 66 warrants that the Software or Hardware will be free from defects in
workmanship and materials under normal use ("Defects") for a period of two (2)
years from the date the Software or Hardware was purchased ("Warranty Period").
Notwithstanding the Warranty Period, should you breach any of these Terms and
Conditions, the Warranty Period will end on the date of breach. During the
Warranty Period, the Software or Hardware will be repaired or replaced
("Limited Warranty") without charge for either parts or labour. If the Software
or Hardware is repaired after the Warranty Period has expired, the Warranty
Period for the repair will expire six (6) months after the date of repair. ROUTE
66 does not give a warranty to the Service.
c) This Limited Warranty does not apply to normal wear and tear, does not apply
when the Software or Hardware is opened or repaired by someone not authorized
by ROUTE 66, and does not cover repair or replacement of any Software or
Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or
exposure to heat and accident, abuse, non-compliance with the instructions
supplied with the Software or Hardware, neglect or misapplication. The Limited
Warranty does not cover physical damage to the surface of the Hardware.
d) Except for this Limited Warranty, and to the maximum extent permitted by
applicable law, ROUTE 66 and its suppliers provide the Products "AS IS AND WITH
ALL FAULTS", and hereby disclaim all other warranties and conditions, whether
express, implied or statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of satisfactory quality, of fitness for a
particular purpose, of reliability or availability, of accuracy or completeness
of responses, of results, of workmanlike effort, of lack of viruses, and of
reasonable care and skill, all with regard to the Products, and the provision
of or failure to provide support or other services, information, software, and
related content through the Products or otherwise arising out of the use of the
Products. Also, there is no warranty or condition of quiet enjoyment, quiet
possession, or non-infringement with regard to the Products. This exclusion
does not apply to (i) any implied condition as to title and (ii) any implied
warranty as to conformity with description.
e) In order to make a claim of a Defect, you must contact ROUTE 66 by email
during the Warranty Period via support@66.com
to explain the Defect and to obtain an RMA number if necessary. The Software or
Hardware must be returned during the Warranty Period, along with an explanation
of the Defect, to the address provided by ROUTE 66. If a defect arises and a
valid claim under this Warranty is received by ROUTE 66 after the first one
hundred and eighty (180) days of the Warranty Period, ROUTE 66 is entitled to
charge you for any reasonable shipping and handling costs made in connection
with the repair or replacement of the Hardware. You must comply with any other
return procedures stipulated by ROUTE 66, if any.
f) This Limited Warranty is the only express warranty made to you and is
provided in lieu of any other express warranties or similar obligations (if
any) created by any advertising, documentation, packaging, or other
communications.
g) This Limited Warranty does not affect any legal rights under applicable
national legislation governing the sale of consumer goods.
h) This Limited Warranty is not transferable.
10) Limitation of Liability
a) Neither ROUTE 66 nor its suppliers and subcontractors shall be liable to you
or to any third party for any damages either direct, indirect, incidental,
consequential or otherwise (including in each case, but not limited to, damages
for the inability to use or access the Products, loss of data, loss of
business, loss of profits, business interruption or the like) arising out of
the use of or inability to use the Products, even if ROUTE 66 has been advised
of the possibility of such damages.
b) Notwithstanding any damages that you or any third party might incur for any
reason whatsoever (including, without limitation, all damages referenced herein
and all direct or general damages in contract or anything else), the entire
liability of ROUTE 66 and any of its suppliers arising from or related to the
use of the Products shall be limited to the amount actually paid by you for the
Products concerned.
c) ROUTE 66 shall not be liable for (i) any fraud on the part of its employees
and/or agents; or (ii) any fraudulent misrepresentation on the part of its
employees and/or agents.
d) Notwithstanding any of the above or anything else contained in these Terms
and Conditions, neither party’s liability for death or personal injury
resulting from its own negligence shall be limited.
11) Force Majeure
Force majeure is understood to mean circumstances that impede the fulfilment of
ROUTE 66’s obligations under these Terms and Conditions which are not
attributable to ROUTE 66. In any event, force majeure is understood to include
late and/or stagnation of deliveries and incomplete deliveries by ROUTE 66
caused by circumstances that cannot in fairness be attributed to ROUTE 66. In a
force majeure situation all of ROUTE 66’s obligations shall be suspended.
Should the period in which ROUTE 66 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
ROUTE 66 will not disclose information regarding your personal details, account
or transactions to any third party unless in accordance with its Online Privacy
Policy as indicated on the website Online Privacy Policy.
13) Links to Third Party Websites
ROUTE 66 is not responsible for the contents of any third-party sites or
services, any links contained in third-party websites or services, or any
changes or updates to third-party websites or services. Where ROUTE 66 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 ROUTE 66 of 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 ROUTE 66 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
These Terms and Conditions and any disputes related to these Terms and
Conditions or to the purchase and use of the Products or otherwise are subject
to Swiss law. The United Nations Convention on Contracts for the International
Sales of Goods is hereby excluded from application to these Terms and
Conditions. All disputes arising out of these Terms and Conditions shall be
settled by the courts of Zurich (Switzerland), which will have exclusive
jurisdiction in respect of any such disputes.
18) Translations
The English version of these terms and conditions are the prevailing version.
Any translations are provided for convenience only.
Should you have any questions concerning these terms and conditions, or if you desire to contact ROUTE 66 for any reason, please visit ROUTE 66 on the World Wide Web at http://www.66.com.