PLEASE READ THE FOLLOWING TERMS OF USE VERY CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE AGREEING TO ABIDE BY THESE TERMS OF USE.
(Hereinafter also referred to as “Business Terms and Conditions” or “BTC”)
Prior to confirming the creation of a User Account, prospective FULGAZ users must become acquainted with the BTC. By placing an order, by downloading the FULGAZ application to the prospective user’s/User’s device, by any use of FULGAZ, by entering into the FULGAZ Use Agreement, or by employing another similar mechanism, the prospective user/the User certifies to have had the opportunity to become acquainted with the BTC and related documents, has read same, unconditionally consents thereto, and undertakes to observe same throughout the use of FULGAZ. In case that the prospective user/User disagrees with the BTC in any way whatsoever, the prospective user/User must refrain from using FULGAZ.
Multiplatform application intended for the general public that simulates real-world cycling routes in combination with stationary cycling equipment.
BIZAR MOBILE PTY LTD, the company with which the User enters into a FULGAZ Use Agreement.
5 Attadale Court, ELANORA QLD 4221, Australia
Correspondence address:
c/o VirtualTraining s.r.o.
Rohanské nábřěží 693/10, Karlín, 186 00 Praha 8, Czech Republic
A person authorized to use FULGAZ subject to the BTC. The User is a Party to the FULGAZ Use Agreement.
Ensemble of rights and duties applicable to the User with respect to FULGAZ, subject to predefined conditions.
The User enters into the FULGAZ Use Agreement by completing registration and creating a User Account. The Agreement lays down rights and duties arising under the BTC, other legal documents, and other legal circumstances. FULGAZ application may not be used without creating a User Account in FULGAZ and entering into a FULGAZ Use Agreement.
An automated process of ordering a Subscription identical to a Subscription previously ordered and paid for by the User…
Any and all information uploaded by the User to the FULGAZ environment or transmitted/shared via FULGAZ…
Ensemble of information pertaining to the User and the use of FULGAZ stored through FULGAZ.
A situation in which the Provider temporarily prevents the User from signing in to any FULGAZ service…
A situation in which the User rescinds the FULGAZ Use Agreement…
The hardware, software, and online connection devices allowing access to and the use of the User’s digital content…
Various types of digital content which the User may obtain and use exclusively in FULGAZ…
Modifications of FULGAZ liable to significantly change the nature, functions, or features of FULGAZ.
Information on third-party products, services, activities, and events displayed in FULGAZ or through FULGAZ.
The contractual arrangement between the Provider and the User, the content of which are rights and duties arising under the BTC…
A fee the Provider may charge for a Subscription.
The User and the Provider.
3.1 The User enters into the FULGAZ Use Agreement by completing registration and creating a User Account. The Agreement lays down rights and duties arising under the BTC, other legal documents, and other legal circumstances. FULGAZ application may not be used without creating a User Account in FULGAZ and entering into a FULGAZ Use Agreement.
3.2 By entering into a FULGAZ Use Agreement, the User undertakes to comply with all provisions of the BTC.
3.3 The User acknowledges that FULGAZ is a digital content provider and expressly agrees that the User’s right to use FULGAZ begins upon the payment of the Fee for the applicable Subscription.
4.1 FULGAZ may be used only by persons 13 years of age or older, taking into account different requirements laid down under laws in effect in the applicable country. To access certain functions of FULGAZ, the User must be 16 of age or older, or, where applicable, the User must meet the minimum age requirements laid down under laws in effect in the country where the User is domiciled (this applies particularly to functions concerning health and other data). If below the legal age, the User may use FULGAZ only if his/her legal guardian consents to the BTC.
5.1 Unless otherwise specified elsewhere, access to FULGAZ is provided to the User without undue delay in accordance with the BTC. Access to certain paid functions and features may be provided only after the payment of the Usage Fee or within a longer time limit, depending on the specific FULGAZ function or feature.
6.1 The User must register and create a User Account.
6.2 The User may register and sign in using third-party accounts (particularly Facebook and Apple accounts). In such a case, the User grants the Provider consent to access the User’s data in such a third-party account and to enter such data automatically to the User’s FULGAZ User Account.
6.3 Likewise, the User may link his/her User Account with third-party accounts subject to the conditions and policies of such third parties.
6.4 The Provider may create a User Account for the User, subject to the User’s consent. Such consent may be granted verbally or in an implied manner.
6.5 The User must ensure that data in the User Account are up to date and must update out-to-date data.
6.6 The User is advised not to close the User Account even if the User Account is inactive over a protracted period, to prevent the loss of content from the User Account.
6.7 The User Account may be deactivated at any time by the User. If the User deactivates the User Account while a Subscription is in effect, the Subscription is terminated at time of User Account Deactivation, whereupon the User is not entitled to a refund for an already paid FULGAZ Usage Fee, in full or the proportionate part thereof. The contracting parties may agree that the Provider may refund to the User the entire or a proportional amount of the Usage Fee, but only under the condition of paying the early termination fee specified in paragraph 12.3. of these BTC.
6.8 The User acknowledges that User Account Deactivation may result in the erasure of any and all content in the User Account, the erasure of any and all User Content, and the loss of the right to use any and all Virtual Objects associated with the User Account.
6.9 If a Subscription is purchased through a third-party store (App Store, Google Play, etc.), the User is required to carry out User Account Deactivation manually through the applicable third-party store.
6.10 The User acknowledges that User Account Deactivation means that the User will be unable to use his/her User Account in FULGAZ, PowerTap, and other partner applications.
6.11 The User agrees that the Provider may unilaterally rescind the FULGAZ Use Agreement and Deactivate the User Account if the User does not sign in to FULGAZ or does not use FULGAZ in any way whatsoever during a period of 24 months. If the Provider rescinds the FULGAZ Use Agreement and Deactivates the User Account in accordance with this paragraph, the Provider must provide the User with information to that effect by e-mail. A notice as per the foregoing must be sent at least twice, where one such notice must be sent no less than three months in advance and another at least one month in advance.
7.1 The User must assign a password to his/her User Account. The password must be kept strictly confidential. If the password is disclosed or if the User suspects the password to have been compromised, the User must without delay change his/her password for the User Account. If the User suspects unauthorized access to his/her User Account, the User must immediately notify the Provider.
7.2 The Provider reserves the right to request the User to change his/her password if the Provider suspects that the User’s password may have been compromised in any way whatsoever. In the event that the User’s password is suspected to have been compromised, the Provider has the right to resort to User Account Suspension.
7.3 It is expressly stipulated that FULGAZ is provided to a specific person, and the User is prohibited from sharing his/her password with any other person, regardless of the reason.
7.4 If the password is shared with a third party, the User may be prevented from access to the User Account, and the Provider may unilaterally, effective immediately rescind the FULGAZ Use Agreement, whereupon the User will have no right to receive any refund whatsoever. The Provider has the right to create a mechanism allowing determining whether the User deliberately shares his/her password.
8.1 It is recommended to purchase Subscriptions directly from the Provider at https://www.fulgaz.com/.
8.2 The Provider provides FULGAZ based on Subscriptions, of which there may be multiple types.
8.3 Subscription types and their specifications can be found at https://www.fulgaz.com/.
8.4 The Provider may offer a free trial period to new Users. During the trial period, the User may be provided predefined FULGAZ functions without the requirement to pay the FULGAZ Usage Fee. Unless otherwise specified, the free trial period is afforded to the User for a limited time of 7 days, starting upon the activation of the free trial period.
8.5 In the case of a paid Subscription, the User provides access to the functions and features offered under the Subscription only after the FULGAZ Usage Fee is paid in full.
9.1 The User must pay the FULGAZ Usage Fee for paid Subscriptions. The amount of the FULGAZ Usage Fee for a Subscription is specified at https://www.fulgaz.com/ and on the websites of the applicable stores (App Store, Google Play, etc.). The FULGAZ Usage Fee may differ depending on the store (https://www.fulgaz.com/, App Store, Google Play, etc.) or the locality from which the User purchases a Subscription.
9.2 Regardless of whether a different FULGAZ Usage Fee is specified elsewhere, the FULGAZ Usage Fee specified in the applicable place of purchase applies (https://www.fulgaz.com/, App Store; Google Play).
9.3 The Provider reserves the right to offer unique individual discounts from the FULGAZ Usage Fee. Any such individual offer applies solely to a specific User or a potential User to whom the offer is extended, subject to the terms and conditions laid down in such a specific offer. Unless otherwise specified, an offer remains in effect for no more than 48 hours after it is presented. A specific offer may not be accepted in a way contradicting the parameters of the offer.
9.4 The Provider reserves the right to provide supplementary services not included under a specific Subscription or, as the case may be, Usage Fee. If the User wishes to use Supplementary Services, the User must pay for such Supplementary Services a one- time fee, a recurring fee, or another fee determined by the Provider.
9.5 Unless otherwise specified, Supplementary Services are linked to the use and payment of a Subscription. Thus, when the User’s Subscription expires, the User may be refused access to Supplementary Services.
9. 6 The User may be charged other fees by third parties in connection with indirect use of FULGAZ, other than fees that are charged by the Provider and included in a Subscription. The User acknowledges that such indirect fees may be charged thereto, where the User may not claim such fees from the Provider as being part of a Subscription. Other fees include, without limitation, the cost of sending SMS, MMS, telephone charges for calls to the Provider’s customer support, and other charges.
10.1 The User undertakes to pay all of his/her financial commitments to the Provider in a proper and timely manner. That applies, without limitation, to the Usage Fee, the cost of Supplementary Services, penalties, and other costs liable to be charged to the User in connection with the FULGAZ Use Agreement.
10.2 Where applicable, the Provider instructs the User regarding the manner in which payments are to be remitted. In connection with the foregoing, the User is required to provide the Provider with information on thereby used payment method (including, without limitation, credit/debit card number, online payment service, third-party payment platform such as Apple Store or Google Play), unless the Provider specifies a different payment method.
10.3 In case that the User orders any Service from the Provider and specifies a payment method, the Provider is authorized to debit the sum charged in accordance with the applicable order. By providing payment method information, the User authorizes the Provider to store information on the User’s payment method, where such information may be used for the purposes of Automatic Renewal of Subscriptions or for facilitating future payments.
10.4 If thereby desired, the User may modify information on thereby used payment method at https://www.fulgaz.com/ or in the settings of the applicable third-party store (App Store, Google Play, etc.).
10.5 If debiting funds using the payment method used by the User is contrary to an order or if another problem occurs, the User must immediately contact customer support at https://www.fulgaz.com/get-in-touch/ and specify the detailed information referred to in the “Warranty Claims and Complaints (Rights and Duties relating to Defective Supply)” section of the BTC. Late warranty claims may be disregarded.
10.6 Third-party applications allowing ordering and paying for certain Subscription types may be subject to different payment terms.
11.1 Automatic Renewal is activated after every order placed by the User. If the User does not wish a Subscription to be renewed automatically after the expiry thereof, the User must deactivate Automatic Renewal via FULGAZ settings: https://www.fulgaz.com/.
11.2 The fee for Automatic Renewal of a Subscription is equal to the current Usage Fee applicable to the Subscription, unless the User is notified of a different amount.
11.3 If the User Account contains out-of-date or incorrect information on the User’s payment method, the User’s Subscription is not renewed, and the User’s access to functions associated with the Subscription is canceled.
11.4 If the User orders a Subscription through a third-party application (App Store, Google Play, etc.), Automatic Renewal may be canceled only through the third-party store.
11.5 The Provider is entitled not to renew a Subscription that has been set up for Automatic Renewal.
12.1 The User may cancel a Subscription at any time, but the Provider is under no obligation to refund the Usage Fee for the Subscription, in full or in part. FULGAZ believes that the free trial for new Users is sufficiently long to allow trying out all of the functions and features offered by FULGAZ.
12.2 The User may, however, apply to the Provider for a refund of the Usage Fee. Individual applications as per the foregoing are subject to no predefined rules. Where applicable, such applications are accepted at the Provider’s sole discretion. The Provider therefore has the discretionary right to refund to the User the Usage Fee in full, in part, or to reject an application for a refund. Applications for a refund must be directed to the FULGAZ customer support at https://www.fulgaz.com/get-in-touch/.
12.3 In the event that the Contracting Parties agree that the Provider will refund a proportional amount or the entire amount of the Usage Fee to the User, the Provider is entitled to charge the User an early termination fee in the amount corresponding to the current price of the “Single monthly” Subscription plan. The currency of the early termination fee as well as the reference amount of the early termination fee is the same as the original order.
13.1 In using FULGAZ through third-party stores (App Store, Google Play, etc.), the User must become acquainted and comply with all conditions and policies of such stores. If the User does not consent to or does not understand any conditions or policies of third-party application stores, the User must refrain from using FULGAZ through such third-party application stores.
14.1.1 The User may have only one account associated with the User and must therefore refrain from creating multiple User Accounts for himself/herself.
14.1.2 The User must download and install the most recent official updates of FULGAZ. The User acknowledges that he/she may be prevented from using FULGAZ if he/she fails to use the up-to-date version (build) of FULGAZ.
14.1.3 The User must always use FULGAZ for personal purposes only.
14.1.4 If the User wishes to use FULGAZ for commercial purposes, the User must notify the Provider and apply for prior consent to the use of FULGAZ for commercial purposes. The Provider has the right to process such an application in a discretionary manner based on the Provider’s discretionary criteria. The User has no right to being automatically granted permission to use FULGAZ for commercial purposes.
14.1.5 The User must use FULGAZ and all applications associated with FULGAZ only in the manner described in the BTC, rules laid down directly in the FULGAZ application, terms and conditions for the associated applications, and instructions given directly by the Provider.
14.1.6 The User must use his/her User Account personally and must refrain from providing sign-in data for his/her User Account to any other person.
14.2 As regards the use of any third-party service, the User expressly declares to have read, to have understood, and to comply with all conditions and policies applicable to the use of the applicable third-party device or service. The foregoing includes, without limitation, the terms, conditions, and policies for the use of Facebook, Strava, iOS, iPadOS, tvOS, Windows, motion recording devices, etc.
14.3 The User must refrain from violating any law, regulation, agreement, intellectual property rights, and other third-party rights, and must act in accordance with the rules of civility.Furthermore, the User undertakes to refrain from:
14.3.1 Harassing any FULGAZ User.
14.3.2 Impersonating another person or entity.
14.3.3. Using any data from FULGAZ for unlawful purposes.
14.3.4. Harassing, slandering, threatening, and using data from FULGAZ to stalk other persons in the real world.
14.3.5. Sending any unsolicited messages to other Users, particularly messages advertising or promoting any product or service whatsoever, requests for assistance, etc.
15.1 If the User commits any violation of the BTC, acts in a manner liable to jeopardize the operation or good repute of FULGAZ, harasses or harms other FULGAZ Users, the Provider, or a third party, the Provider has the right to suspend the User’s User Account.
15.2 The Provider must notify the User if the User’s User Account is suspended. The Provider is under no obligation to provide substantiation for User Account Suspension immediately. If, however, the User makes a request to that effect, a substantiation will be given to the User within three working days after a request to that effect is made.
15.3 In case that the reason for User Account Suspension is confirmed, the Provider may unilaterally rescind the FULGAZ Use Agreement. The Provider has the right to make a decision to the foregoing effect in a discretionary manner.
15.4 If the Provider unilaterally rescinds the FULGAZ Use Agreement in accordance with this article of the BTC, the User has no right to a refund for any payments already made.
16.1 Among other requirements, the use of FULGAZ is conditional on downloading and installing certain content to the User’s device, and on connecting imaging and recording devices. Hardware, software, and other requirements can be found on the FULGAZ website at https://www.fulgaz.com/.
16.2 The Provider reserves the right to change supported hardware, operating systems used by supported devices, and any other hardware/software required for the correct functioning of FULGAZ. The Provider has the right to make changes as per the above at any time during the term of the FULGAZ Use Agreement. Information on such a change is provided using the same method as information on updates.
16.3. To use FULGAZ, the User must have Internet connectivity with a sufficient data transmission capacity.
17.1 The Provider may from time to time make available new/modified FULGAZ functions before their commercial release (“Beta Version”). A Beta Version may be provided for the purposes of testing, improving, and receiving feedback regarding quality and usability. For that reason, a Beta Version may contain errors and may be unfinished.
17.2 The User has no automatic right to receive a Beta Version. The Provider grants access to Beta Versions to Users in a discretionary manner, and Beta Versions are used by the User on a voluntary basis. Every Beta Version is made available to the User following mutual approval.
17.3 The User and the Provider may terminate the use of a Beta Version at any time.
17.4 The following special provisions apply to the use of Beta Versions:
17.4.1 Use may be time limited.
17.4.2 Additional requirements may be stipulated for the use of a specific Beta Version.
17.4.3 The User may be required to provide feedback.
17.4.4 The User grants express consent to the use of all data pertaining to the User’s use of Beta Versions.
17.4.5 The User acknowledges that any Beta Version is a version of FULGAZ intended for trial and testing purposes. A Beta Version may malfunction at any time, as a result of which the User may incur damage to health and property. By consenting to the use of a Beta Version, the User waives any right to raise any claim whatsoever to the Provider regarding liability for the use of such a version of FULGAZ.If the User does not consent to waiving any claims regarding liability for the use of Beta Versions of FULGAZ, the User must refuse access to every such Beta Version.
18.1 The User authorizes the Provider to store User Content.
18.2 The User acknowledges that User Content uploaded to FULGAZ may be lost or erased in exceptional cases. Consequently, the User acknowledges that only User Content which the User has backed up may be uploaded to FULGAZ.
18.3 The User acknowledges that User Content may be visible to other Users.
18.4 In using FULGAZ, the User undertakes to refrain from making public User Content that:
18.4.1 is offensive, incites racism, fanaticism, hatred, causes physical or mental harm to any individual or to any group;
18.4.2 harasses or defends harassment of another person;
18.4.3 involves sexual or violent abuse;
18.4.4 contains nudity, violence, or offensive content;
18.4.5 discloses any telephone numbers, addresses, surnames, or other information about a person other than the User;
18.4.6 disseminates information that is false or misleading or promotes unlawful activities or information that debases the dignity of another person;
18.4.7 violates any intellectual property or third-party rights, including User Content promoting illegal or unauthorized reproduction of copyrighted works and links to such works;
18.4.8 encourages circumventing the Provider’s instructions;
18.4.9 includes unsolicited e-mail messages, such as spam, chain e-mail messages, bulk messages, or spamming;
18.4.10 endorses any criminal activity or provides instructions for illegal activities;
18.4.11 includes commercial activities and/or sale without the Provider’s prior written permission, including, without limitation, contests, lotteries, barter, advertising, or pyramid schemes;
18.4.12 solicits from other Users passwords or any personal identification data for commercial, marketing, unlawful, or other purposes;
18.4.13 contains personal data, data liable to identify other persons, or photographs of another person published without consent granted by such a person or by his/her legal guardian;
18.4.14 contains a virus or malware;
18.4.15 is deemed by the Provider at the Provider’s discretion to be inappropriate, restricting or preventing any person in the use of FULGAZ, or liable to cause any harm/damage to the Provider or another person, or liable to involve liability of any kind.
18.4.5 discloses any telephone numbers, addresses, surnames, or other information about a person other than the User;
18.4.6 disseminates information that is false or misleading or promotes unlawful activities or information that debases the dignity of another person;
18.4.7 violates any intellectual property or third-party rights, including User Content promoting illegal or unauthorized reproduction of copyrighted works and links to such works;
18.4.8 encourages circumventing the Provider’s instructions;
18.4.9 includes unsolicited e-mail messages, such as spam, chain e-mail messages, bulk messages, or spamming;
18.4.10 endorses any criminal activity or provides instructions for illegal activities;
18.4.11 includes commercial activities and/or sale without the Provider’s prior written permission, including, without limitation, contests, lotteries, barter, advertising, or pyramid schemes;
18.4.12 solicits from other Users passwords or any personal identification data for commercial, marketing, unlawful, or other purposes;
18.4.13 contains personal data, data liable to identify other persons, or photographs of another person published without consent granted by such a person or by his/her legal guardian;
18.4.14 contains a virus or malware;
18.4.15 is deemed by the Provider at the Provider’s discretion to be inappropriate, restricting or preventing any person in the use of FULGAZ, or liable to cause any harm/damage to the Provider or another person, or liable to involve liability of any kind.
18.5 User Content remains the exclusive property of the User at all times. Likewise, the User retains the full ownership of intellectual property rights to User Content.
18.6 The User grants to the Provider unlimited, free-of-charge right (unlimited by purpose, time, and territorial restrictions) to dispose of User Content as well as a non-exclusive, free-of-charge, worldwide, time-unlimited license to uploaded User Content.
18.7 The license includes, without limitation, the right to use, reproduce, adapt, publish, display, translate, distribute, and modify the format of User Content and to make copies thereof for any commercial, advertising, promotional, or other purposes.
18.8 The User expressly agrees that the Provider has the right to use any User Content uploaded to FULGAZ for commercial and advertising purposes.
18.9 Furthermore, the User expressly grants to the Provider the right to grant a sublicense to any third party.
18.10 If the Provider uses uploaded User Content to create derivative content/work, the User will have no rights to such derivative content/work.
18.11 The User acknowledges that it may be impossible to restore any content removed from his/her User Account.
18.12 Any content deleted by the User may be stored by the Provider, subject to the Privacy Policy.
18.13 The User must create backup copies of his/her User Content.
18.14 The User acknowledges that he/she is not entitled to free-of-charge transmission of his/her User Content from FULGAZ to the User’s data repository by the Provider.
18.15 If the User uploads any harmful User Content, the Provider has the right to separate such harmful User Content from other FULGAZ files and, as the case may be, delete such User Content.
18.16 The User has the right to be notified of such a situation, but the User has no right to the backup, transmission, or any disposal whatsoever of such harmful User Content.
18.17 The Provider reserves the right to refuse any User Content that violates the BTC.
19.1 The User may voluntarily submit or otherwise deliver any comments, proposals, ideas, and suggestions for improving FULGAZ (“Feedback”).
19.2 In case that the User or a person not registered with FULGAZ submits Feedback to the FULGAZ application, the person in question grants to the Provider a license or right to dispose of thus submitted Feedback using all of the methods permissible under the copyright law of Australia. The foregoing license will be free-of-charge, worldwide, non- exclusive, subject to specific purpose, and time-unlimited. The license will not expire on account of not being used. The User acknowledges that the Provider may use Feedback in a discretionary manner, subject to requirements laid down under the law of Australia. The User agrees that the Provider may grant unlimited disposal rights or rights constituting part of a license to that effect to a third party (sublicense) to the full extent thereof.
19.3 Feedback provided by the User is non-confidential, subject to no protection.
20.1 All inquiries, complaints, and warranty claims must be directed to customer support or submitted using the contacts provided at https://fulgaz.com/get-in-touch/.
20.2 If the User believes FULGAZ to be provided contrary to the agreed terms, the User can file a warranty claim through customer support.
20.2.1 Where applicable, a warranty claim submitted by the User must specify the User’s contact information and a description of the claimed defect.
20.3 The User may submit a complaint against a violation of third-party rights (such as violation of copyrights, offensive conduct, breach of privacy) or a complaint concerning User Content that contravenes the BTC.
20.3.1 A complaint must be sent to https://fulgaz.com/get-in-touch/.
20.3.2 A complaint must specify the following information:
20.3.2.1 Information on the complainant (full name, address, date of birth, mailing address, corporate identification data if the complainant is a company).
20.3.2.2 Description of the subject of the complaint and exact location (such as URL link).
20.3.2.3 Reasons why the content is to be removed (including links to relevant provisions of the law, if applicable).
20.3.2.4 Other important facts.
20.3.2.5 Date of submission and signature.
21.1 The Provider reserves the right to release any updates of FULGAZ as well as the right to release updates of FULGAZ at a frequency determined at the Provider’s discretion.
21.2 The Provider reserves the right to release Updates Modifying Functions and Features.
21.2.1 The User expressly consents to such updates.
21.2.2 The Provider may at any time add, change, or remove FULGAZ functions or features, modify or introduce restrictions pertaining to data saving functions or other functions.
21.3 No claim relating to defective supply may be raised in the event of any FULGAZ maintenance or shutdown, provided that such maintenance or shutdown does not compromise the guaranteed availability of FULGAZ.
21.3.1 The User acknowledges that the Provider performs planned maintenance and improvements of FULGAZ, which may temporarily restrict access to FULGAZ or may cause the complete shutdown of FULGAZ for a limited time.
22.1 The User may rescind the FULGAZ Use Agreement in the following cases:
22.1.1 Rescission is expressly permitted under the BTC.
22.2 The Provider may rescind the FULGAZ Use Agreement in the following cases:
22.2.1 The User commits a gross or repeated violation of the BTC (the severity of a violation is determined at the Provider’s discretion).
22.2.2 The User uses FULGAZ in any manner other than specified in the BTC without the Provider’s express written consent.
22.2.3 The Provider decides to terminate the FULGAZ app. In this case, the refund of the FULGAZ Usage Fee is governed by paragraph 37.3 of the BTC.
22.2.4 Rescission is expressly permitted under the BTC.
22.3 Furthermore, the FULGAZ Use Agreement may be terminated under a mutual agreement of the Parties.
22.4 The User is entitled to a refund of the Usage Fee, in full or in proportionate amount, only in the cases specified in the BTC (or if stipulated by law).
22.4.1 A proportionate amount means the remaining duration of a prepaid Subscription.
22.4.2 The User is not entitled to a refund for any payment other than the cases expressly specified in the BTC.
22.4.3 In the event that the Contracting Parties agree that the Provider will refund a proportional amount or the entire amount of the Usage Fee to the User, then the Provider is entitled to charge the User an early termination fee defined in paragraph 12.3 of the BTC.
23.1 The User acknowledges that the use of FULGAZ carries certain risks and agrees to take full responsibility for any consequences arising from its use.
23.2 Before using FULGAZ (and while using FULGAZ, if applicable), the User must consult his/her health condition with a physician in relation to the use of FULGAZ.
23.2.1 The User may begin using FULGAZ fully only after such a consultation.
23.2.2 If a physician advises the User to refrain from using FULGAZ, the User must observe such medical advice and refrain from using FULGAZ.
23.2.3 In such a case, the User does not have the right to unilaterally terminate a Subscription and receive a refund for the fee, in full or in proportionate part thereof.
23.3 In using FULGAZ, the User must follow all of the instructions provided on the FULGAZ website (https://www.fulgaz.com/), instructions provided directly in the FULGAZ application, and third-party instructions.
23.3.1 The User has no right to claim from the Provider compensation for any damage whatsoever incurred by the User as a result of failing to comply with the foregoing requirements.
24.1 The Provider may provide Third-Party Content in FULGAZ. The provision of such Third-Party Content only consists of displaying or intermediating such content via FULGAZ. By displaying or interacting with Third-Party Content, the User communicates/uses/disposes of such content at his/her own risk and responsibility. All actions and communication involving Third-Party Content are carried out directly between the User and the provider of Third-Party Content.
25.1 The Provider guarantees 99% availability of FULGAZ to the User. FULGAZ availability is assessed on an annual basis.
25.2 The Provider bears no liability for failing to meet the guaranteed availability if doing so is prevented by force majeure (circumstances precluding liability). Considered force majeure is an event that occurs independently of the Provider’s will and prevents the Provider from discharging duties, provided that it cannot be reasonably assumed that the Provider may avert or overcome such an event or its consequences, and, moreover, that the Provider could have foreseen such an event at the time the relevant duties were established. Events meeting the definition of force majeure as per the preceding sentence include, without limitation a) labour strike, if organized by third- parties, b) act of terrorism, c) war, civil and military unrest, blockade, insurrection, vandalism, epidemic, quarantine, state of emergency, d) stroke of lightning, earthquake, fire, storm, flood, landslide, e) events resulting in the declaration of a state of emergency.
25.3 The User acknowledges that FULGAZ may incorporate supplementary services provided by third parties (such as STRAVA). The Provider in no way guarantees the accuracy, correctness, completeness, and up-to-dateness of information received by the User through the use of such supplementary services, and bears no liability for damage incurred by the User as a result of the unavailability of such services. The unavailability of any of the third-party supplementary services provided through FULGAZ is not included in the guaranteed availability laid down in the BTC.
25.4 If availability fails to meet the guaranteed value, the User is entitled to compensation in the form of a discount equal to the part of the Subscription fee applicable to the time during which FULGAZ is not available. The maximum value of discount is equal to the monthly Fee for the applicable Subscription.
25.5 The Provider bears no liability whatsoever for the availability of FULGAZ via the Internet, considering that the Internet is a decentralized network, subject to no third- party guarantees. Service may be subject to limits, delays, and other problems caused by the use of the Internet and electronic communication. The Provider bears no liability for such delays, system operation errors, and other adverse phenomena caused by such limits.
25.6 Furthermore, the guaranteed availability as per the BTC does not include Internet failure affecting the User. The User is solely responsible for his/her Internet connection, which is required for using FULGAZ.
26.1 Both the User and the Provider must make maximum effort to prevent damage and to minimize damage that occurs.
26.2 The User and the Provider must inform one another without unnecessary delay of any event constituting force majeure that prevents the due performance of the FULGAZ Use Agreement.
26.3 The Parties must use maximum effort to avert and overcome any event constituting force majeure.
26.4 The Provider bears no liability for damage not thereby caused, including, without limitation, damage caused by a combination of external factors, computer infiltrations, different software, hardware, and use, or, as the case may be, non-use, or the impossibility to use the Software as a result of such factors.
26.5 The Provider bears no liability for harm/damage incurred as a result of or in direct connection with the incorrect use of FULGAZ.
26.6 Neither of the Parties is liable for damage incurred as a result of factually incorrect or otherwise erroneous instructions received from the Counterparty.
26.7 Neither of the Parties is liable for default caused by the Counterparty’s default on the discharge of the obligations thereof.
26.8 Neither of the Parties is liable for a violation of its duties arising under the FULGAZ Use Agreement if the duties are prevented from being discharged by force majeure.
27.1. The terms and conditions pertaining to the protection of the User’s personal data, insofar as the Provider acts as a controller of the User’s personal data, are laid down in the Privacy Policy that can be found at https://www.fulgaz.com/fulgaz-app-privacy-policy/ (“Privacy Policy”). The Privacy Policy constitutes part of the BTC.
27.2 The User agrees that the Provider may use data pertaining to the User, his/her physical activity, position, etc., which are required for the functioning of FULGAZ. FULGAZ cannot be provided to the User if the foregoing data are not provided.
28. Contest Rules
28.1 The FULGAZ may offer the User opportunities to enter contests and/or sweepstakes. By entering any contest or sweepstakes, the User signifies their agreement to all terms and conditions set forth on the FULGAZ applicable to such contest or sweepstakes, in addition to the terms contained in these BTC.
29.1 The Provider grants to the User a non-exclusive, personal, limited, restricted to the purpose defined in the BTC, and time-limited (based on the type of Subscription) license for non-commercial purposes (with the exception of cases in which the commercial use of FULGAZ is expressly permitted under the BTC) to use FULGAZ in accordance with the BTC.
29.2 The license expires a) upon the expiration of the FULGAZ Use Agreement or b) upon the expiration of the Subscription for which the license is granted.
29.3 Unless otherwise stipulated in the framework of a specific Subscription, the User has no right to grant a sublicense or to assign the license to a third party.
29.4 The Provider has the right to use commensurate means to verify compliance with the license granted to the User based on the BTC. In case that a violation of the license is ascertained, the Provider has the right to rescind the FULGAZ Use Agreement, whereupon the User is not entitled to receive a refund for any payment whatsoever. Likewise, the rescission of the FULGAZ Use Agreement in accordance with this paragraph does not preclude the right to claim from the User any loss or damage liable to be incurred in connection with a violation of the licensing conditions or the BTC by the User
29.5 If any code licensed as “FOSS” is incorporated in FULGAZ (Free and Open Source Software), the license for the use thereof is subject to the license granted under the applicable EULA. Likewise, any third-party code subject to special licensing conditions is subject to the specific provisions of the relevant license.
29.6 The User must refrain from using FULGAZ for purposes other than specified in the BTC, rules specified directly in the FULGAZ application, and instructions given directly by the Provider.
29.7 Unless otherwise specified in the FULGAZ Use Agreement, the User must refrain from copying, reproducing, disseminating, publishing distributing, and translating FULGAZ, services provided through FULGAZ, or any content, in full or in part, and from creating derivative works based on FULGAZ.
29.8 The User must refrain from carrying out the foregoing in regard to FULGAZ:29.8.1 Bypassing, switching off, damaging any function or feature whatsoever;
29.8.2 reverse engineering, reverse analysis or recompilation, disassembly, decompilation, modification, or any tampering with the source code, accessing the source code, or making the source code accessible to a third party;
29.8.3 penetration testing or overloading FULGAZ in excess of the average parameters specified by the Provider;
29.8.4 adding any code whatsoever;
29.8.5 using any automated means for accessing and using FULGAZ (including, without limitation, robot, spider, scraper).
29.9 FULGAZ is provided for personal purposes, and the User must refrain from using FULGAZ for commercial purposes without prior written permission. Accordingly, the User must refrain from reselling FULGAZ, transferring his/her rights to use FULGAZ to any third party in any way whatsoever, lending, renting, making public, providing a license to FULGAZ to third parties, and using FULGAZ without prior written permission to organize contests in accordance with the terms and conditions.
30.1 All Virtual Objects are the property of the Provider, or the Provider holds a license to use Virtual Objects granted by the owner of such Virtual Objects.
30.2 In the framework of a Subscription, the User may receive Virtual Objects. In such a case, the User is only granted the right to use such Virtual Objects. Hence, the use of FULGAZ does not transfer any Virtual Objects to the User’s ownership. Under the BTC, the User may only gain a limited right to use such Virtual Objects while his/her right to use FULGAZ remains in effect.
30.3 The terms and conditions for obtaining and using Virtual Objects are displayed directly in the FULGAZ application. These terms and conditions may be changed during the term of the FULGAZ Use Agreement without serving a prior notice on the User.
30.4 The User may use Virtual Objects only while his/her right to use FULGAZ remains in effect, that is while the User has full access to FULGAZ (the use of a Subscription). If the User does not have access to FULGAZ, particularly due to the fact that the User does not have the applicable Subscription or does not pay the FULGAZ Usage Fee for the applicable Subscription, the Provider may prevent the User’s access to obtained Virtual Objects. Likewise, the Provider may reduce or prevent the User’s access to Virtual Objects if the operation of FULGAZ is restricted or terminated.
30.5 The User is granted the right to use certain Virtual Objects on a temporary basis only, which means that the User may use such Virtual Objects only during a limited time specified by the Provider.
30.6 The Provider reserves the right to revoke the right to use certain Virtual Objects in the event the User breaches the BTC.
30.7 The User may obtain Virtual Objects only through FULGAZ.
30.8 The User is prohibited from disposing in any way whatsoever of Virtual Objects on third-party websites or dispose of same in any way whatsoever outside the FULGAZ environment.
30.9 Certain Virtual Objects may not be available in every country.
31.1 The FULGAZ as well as any and all content contained therein, including texts, graphics, images, photographs, videos, illustrations, motifs, objects, persons (including names), concepts, copyrighted works, sounds, music compositions, audio-visual effects, and intellectual property rights to any FULGAZ content or copies thereof constitute the property of the Provider and/or the providers of licenses thereto. Any and all rights are reserved, with the exception of cases expressly specified in the BTC. Any and all FULGAZ content is protected under copyright laws, international treaties, copyright conventions, and other laws and regulations in effect in Australia.
32.1 Any and all protected trademarks, logos, names, and other copyrighted works are the property of the Provider or are used by the Provider based on a license to the relevant intellectual property rights. Neither the User nor any third party may dispose of, same without prior written permission, including, without limitation, copying or using same in full or in part.
33.1 The FULGAZ Use Agreement between the User and the Provider is entered into on the basis and in accordance with the law of Australia. Issues not covered by the BTC and other legal documents are subject to the law of Australia.
34.1 By entering into the FULGAZ Use Agreement, downloading the FULGAZ application, or using FULGAZ in another manner, the User grants the Provider consent to communicate with the User regarding unfinished orders, transactions, and to respond to any message sent to the Provider.
34.2 In contacting the FULGAZ customer support, FULGAZ will communicate with the User in English.
34.3 In case there is a technical problem, the Provider has three working days to respond to the applicable request. The Provider must resolve a technical problem within 10 working days. Where applicable, however, the Provider may resolve a large-scope problem concerning FULGAZ within a longer, unspecified time limit.
35.1 In the event of complaints and disputes, the User is advised to first contact the Provider’s customer support at https://fulgaz.com/get-in-touch/.
35.2 If the User believes that FULGAZ has violated these BTC, its Privacy Policy or your rights, the User agrees to notify FULGAZ in writing and provides the Provider with no less than thirty (30) days to resolve any dispute before bringing formal legal action. If the User feels his/her intellectual property, privacy, or safety is at risk, the foregoing will not serve to prevent the User from seeking immediate injunctive or other relief from a court of competent jurisdiction. For all other disputes, and all claims for damages, the User agrees to provide a reasonable cure period of no less than thirty (30) days before bringing formal legal action. The foregoing is intended to be applicable only in jurisdictions where it is not forbidden by law. The User agrees that any cause of action that you may desire to bring arising out of or related to these BTC and/or the FULGAZ must commence within one (1) year after such cause of action arises; otherwise, such cause of action will be permanently barred. In any formal legal action interpreting these BTC, or alleging a breach of them, the prevailing party will be entitled to recover its reasonable attorneys’ fees in addition to any other damages or relief awarded by a court of competent jurisdiction.
36.1 The Provider reserves the right to unilaterally amend the Business Terms and Conditions or any legal documents relating to the operation of FULGAZ. Amendment includes any changes, modifications, additions, and deletions of any sections whatsoever. The User expressly agrees and acknowledges that the Provider may unilaterally amend the Business Terms and Conditions and other legal documents, subject to the provisions of the Business Terms and Conditions. Where applicable, amendments are posted on the Provider’s website (https://www.fulgaz.com/).
36.2 In case that the Provider amends the BTC or other legal documents, the User is notified of such an amendment by e-mail, through the FULGAZ application or in other ways.
36.3 Unless otherwise specified in a notice, an amendment enters into force 10 days after being posted on the website.
36.4 After an amendment enters into force, the User is deemed to consent to the amendment by continuing to use FULGAZ.
37.1 Delivery – The User gives the Provider express permission to send all legal and other documents, notices, messages, and other items of information to the e-mail the User has listed in the User Account as being directly accessible by signing in to FULGAZ. Hence, any legal documents are deemed delivered to the User’s e-mail, unless the law requires a different delivery method. The User must ensure that FULGAZ records contain his/her current e-mail address, and, where applicable, change/report any change of his/her address, loss of access to e-mail, or any other circumstance preventing the User from access to e-mail.
37.2 The present BTC and other legal documents represent the full agreement between the Provider and the User. Any and all other arrangements, whether verbal or written, between the Provider and the User are substituted by the BTC. An exception from the foregoing are written amendments agreed between the Provider and the User in writing. Such an amendment to the FULGAZ Use Agreement must be signed by both of the Parties on the paper rendition thereof or bear electronic signatures unambiguously verifying the identity of the Parties.
37.3 In case the Provider terminates its operations or the operation of FULGAZ is terminated, the Provider will only be under the obligation to refund to the User a proportionate part of the FULGAZ Usage Fee paid by the User and the remaining time for which the User has paid the FULGAZ Usage Fee.
37.4 The provisions of the BTC that due to their nature apply to persons and undertakings affiliated with the Provider may be used by the relevant persons and undertakings. The foregoing, however, only applies if such an affiliated person or undertaking is given the Provider’s prior express written consent.
37.5 The fact that the Provider does not exercise or is unable to enforce any right or provision of the BTC, does not mean that the Provider waives such a right or provision.
37.6 The fact that any provision of the BTC, in full or in part, becomes invalid or unenforceable has no effect on the validity and enforceability of other provisions of the BTC, in full or in part, unless it follows from the content of the BTC that such a provision, in full or in part, is not severable from the remaining content of the BTC. In such a case, the User authorizes the Provider to replace such an invalid or unenforceable provision with a new provision the purpose and meaning whereof are as close as possible to the provision hereof that is to be replaced.
37.7 The titles of articles, sections, and individual provisions of the BTC serve for navigation purposes only and have no legal or other significance.
37.8 The Provider may transfer the Provider’s rights and duties arising under the BTC or the FULGAZ Use Agreement to another entity, including without limitation, a member of the Provider’s business undertaking or in the event there is a change of the Provider’s owner.
37.9 By entering into the FULGAZ Use Agreement, the User agrees that any and all tax invoices issued thereto by the Provider may be in electronic form.
37.10 This version of the BTC enters into force on 01. March 2025 in regard to existing Users.
This version of the BTC enters into effect and into force on the day of its publication in regard to new Users who enter into a FULGAZ Use Agreement after the date of publication of this version of the BTC.
