This agreement applies as between you, the User of the Application and Pliroforiki Metaforon, the owner(s) of this Application. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Application. If you do not agree to be bound by these Terms and Conditions, you should stop using the Application immediately. By downloading, installing and using this software or any portion thereof, you agree to the following Terms and Conditions.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
• "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Application;
• "Pliroforiki Metaforon" means VoiceWeb & S. Paraskevopoulos General Partnership.
• "Service" means collectively any online facilities, tools, services or information that Pliroforiki Metaforon makes available through the Application either now or in the future;
• "System" means any online communications infrastructure that Pliroforiki Metaforon makes available through the Application either now or in the future.
• "User" / "Users" means any third party that accesses the Application and is not employed by Pliroforiki Metaforon and acting in the course of their employment;
• "Application" Means the iPhone application "i-ktel" developed by Pliroforiki Metaforon and its associated web site.
2. Use of i-ktel Application
Subject to the terms and conditions of this Agreement, you are hereby granted the non-transferable right to use this software ("i-ktel Application") on Apple, Inc.’s ("Apple") iPhone ("Authorized Device") solely for personal, non-commercial purposes. You may not use the i-ktel Application in any manner that may impair , overburden, damage, disable or otherwise compromise (i) i-ktel services, (ii) any other party’s use and enjoyment of iktel’s services, or (iii) the services and products of any third parties (including, without limitation, the Authorized Device of Apple).
3. Intellectual Property
3.1 You hereby acknowledge that Pliroforiki Metaforon owns all rights, titles and interest in and to the i-ktel Application and to any and all proprietary and confidential information contained therein.
3.2 You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative work from, decompile, reverse engineer or disassemble the i-ktel Application or otherwise attempt to derive source code from the i-ktel Application; (ii) copy, distribute, transfer, sell or license the i-ktel Application; (iii) transfer the i-ktel Application to, or use the i-ktel Application on, a device other than the Authorized Device; (iv) use the i-ktel Application to access, copy, transfer, retransmit or transcode Content in violation of any law of third party rights.
3.3 All Content included on the Application, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Pliroforiki Metaforon, or our affiliates. By continuing to use the Application you acknowledge that such material is protected by applicable Greek and International intellectual property and other laws.
3.4 You may not reproduce, copy, distribute, store or in any other fashion re-use Content from the Application for personal purposes only unless otherwise indicated on the Application or unless given express written permission to do so by Pliroforiki Metaforon. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
3.4.1 You will not use the Content of the Application for commercial purposes; and
3.4.2 You will not systematically copy Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Pliroforiki Metaforon.
4. Use of Communications Facilities4.1 You acknowledge that Pliroforiki Metaforon reserves the right to monitor any and all communications made to us or using our System.
5. Software Updates
From time to time, Pliroforiki Metaforon may automatically check the version of i-ktel application installed on the Authorized Device and, if applicable, provide updates for the i-ktel Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the i-ktel Application. By installing the i-ktel Application, you authorize the automatic downloading and installation of Updates and agree to download and install Updates manually if necessary.
6.1 In the event that any of the provisions of Clause 2, above, are not followed, Pliroforiki Metaforon reserves the right to suspend or terminate your access to the Service.
6.2 Pliroforiki Metaforon reserves the right to terminate the provisioning of the service for any reason. In this case users which have already downloaded the application will be notified 6 months in advance for the impending termination of the service (stating the exact date that the content will stop being updated.) At the same time the application will become unavailable (i-ktel application removed from Apple Store) to any new customer wishing to download it.
7.1 The i-ktel Application is provided “As Is” and on an “As Available” basis and without warranty of any kind. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law, Pliroforiki Metaforon expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality, and non-infringement. Your use of the i-ktel application is at your sole risk. Pliroforiki Metaforon shall not be obligated to provide you with any kind of maintenance or support services in connection with the i-ktel Application.
7.2 Pliroforiki Metaforon makes no warranty (i) that the i-ktel application will meet your requirements; (ii) that the i-ktel Application will be error-free; (iii) that it will be fit for a particular purpose; (iv) regarding the security, reliability, timeliness, or performance of the i-ktel Application; and (v) that any errors in the i-ktel Application will be corrected. We make no guarantee of any specific results from the use of our Services.
7.3 The i-ktel Application provides Content on planned itineraries provided by the relevant interurban bus organizations in Greece (KTEL) and does not assume any kind of responsibility for last minute variations made by the interurban bus organizations in Greece (KTEL) outside the normal and agreed procedure and for any purpose.
7.4 Whilst every effort has been made to ensure that all service descriptions available by Pliroforiki Metaforon correspond to the actual services available, Pliroforiki Metaforon is not responsible for any variations from these descriptions.
7.5 For the avoidance of doubt, this Agreement is solely between Pliroforiki Metaforon and You. Apple (a) is a third party beneficiary of this Agreement; and (b) is not (i) liable for any third party claims that may be brought solely in connection with the i-ktel Application; (ii) obligated to provide any support service or maintenance in connection with the i-ktel Application. In the event you purchased the i-ktel Application from Apple and the i-ktel Application fails to conform to the expected specifications, you should not notify Apple of such non-conformance and seek a refund from Apple. For any inquiries please contact Pliroforiki Metaforon directly at writing to email@example.com.
8. Availability of the Application
Pliroforiki Metaforon accepts no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
9. Limitation of Liability
To the maximum extent permitted by law, Pliroforiki Metaforon accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
11. Law and Jurisdiction
These terms and conditions and the relationship between you and Pliroforiki Metaforon shall be governed by and construed in accordance with the laws of Greece. Pliroforiki Metaforon and you agree to submit to the exclusive jurisdiction of the Courts of Athens. You therefore agree to comply with all local laws and regulations governing the downloading , installation and/or use of the i-ktel Application, including without limitation, any usage rules set forth by Apple in its online application store terms of service.