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Terms of Use




These Terms of Use relate to the use of the mobile traveler guide application ‘OPAS’ of Dialost B.V. as defined below.

We advise you to read these Terms of Use carefully so you are aware of your rights and responsibilities when you use the service. You can download and print these Terms of Use .

Article 1           Definitions

1.1  The capitalized terms listed below have the following meaning in the Terms of Use

Account:                                   the personal environment which is created by the User when he registers for the Service and to which the User obtains access after entering his Login Details;

Application:                               the mobile application (“Mobile Traveler Guide”) OPAS, that provides User with information concerning objects of interest in its environment, based on his or her current (GPS) location;

Content:                                    the mobile travel guides containing information on specific objects or places of interest, provided in the form of text, photos, video’s and audio-visual materials and any other form, developed by third parties and made available to User by Dialost through the Service;

Dialost:                                     Dialost B.V. i.o, is a company with limited liability established and existing under the laws of The Netherlands, having its registered office in (1171KA) Badhoevedorp, the Netherlands, at Windestraat  12,, registered with the Chamber of Commerce under number 34267670

Intellectual Property Rights         all intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how and sui generis intellectual property rights;

Login Details:                            The Dialost and/or Facebook-, Twitter- or Google+- username or e-mail address and password which the User provides when creating its Account and with which the User gains access to its Account;

Party:                                       User or Dialost;

Privacy Statement:                    the privacy statement, available via ;

Service:                                    the service provided by Dialost to User, as further specified in article 3;

Terms of Use:                           these terms of use;

User:                                        a person that is using the Service with or without an Account for the use of the Service;

Article 2           Applicability

2.1          The Terms of Use apply, to the exclusion of any terms and conditions of the User or third parties, to all agreements of Dialost with the User and to each and every use made by the User of the Service. These Terms of Use also apply to the use of the Service by third parties via the User’s Account.

2.2          Dialost is at all times authorised to amend or supplement these Terms of Use. The most up-to-date Terms of Use can always be found on the website. The amended or supplemented Terms of Use will be brought to the User’s attention during the User’s use of the Service. If the User continues to use the Service after these Terms of Use have been amended or supplemented, by such action the User irrevocably accepts the amended or supplemented Terms of Use. If the User does not agree to the amended or supplemented Terms of Use, the only option open to the User is to cease using the Service.

2.3          If at any time any provision of these Terms of Use is or becomes illegal, void or invalid for any reason whatsoever including but not limited to overriding mandatory consumer protection law, such invalidity shall not affect the validity of the remainder of the Terms of Use and such invalid provision shall be replaced by such other provision which, being valid in all respects, shall have effect as close as possible to that of such replaced one.


Article 3           The Service

3.1          The Service entails the right of User to access and use the Application which enables the User to access Content relevant to a specific location and use this Content to receive information on a specific object or location of interest, determined on the basis of Users current (GPS) location, including the ability to create an Account with (personal) data regarding the User.

3.2          Additional conditions may apply to the use of the Service, and in particular the (use of) Content, by the User. These conditions shall be made available in the Application.

3.3          Dialost shall perform the Service to the best of its ability, however the User accepts that the Service contains only the functionalities that he finds at the moment of use (“as is” basis). Except as expressly provided in these Terms of Use, Dialost makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Service, the Application and the Content.


Article 4           Access to and availability of the Service

4.1          To use certain advanced features of the Service the User might be required to create an Account, by following the registration process in the Application. The User guarantees that all provided (personal) data is up-to-date, correct and complete. If the (personal) data of the User is at any point no longer up-to-date, correct or complete, the User shall adjust or add the data required. The User is not allowed to register an Account in someone else’s name.  

4.2          During the registration, the User must supply Login Details. The User is responsible for maintaining secrecy with regard to the Login Details for his Account. As soon as the User knows or has reason to suspect that his Login Details have come into the hands of unauthorized persons, the User must inform Dialost of this without delay, without prejudice to his own obligation to immediately take effective action, such as modifying his Login Details.

4.3          The User accepts and acknowledges that he is at all times responsible and liable for the use of the Service by third parties via the User’s Account. The User indemnifies Dialost against any and all damage and costs arising from and/or related to the access to or the use of the Service by third parties via the User’s Account.

4.4          The User may also log in on the Service using his Twitter-, Facebook-, or Google+-Account. The use of a Twitter-, Facebook-, or Google+- account for the access to or use of the Service is for the risk and responsibility of the User. Dialost is not responsible with respect to the availability and well-functioning of Twitter, Facebook and/or Google+, nor for the correct functioning of the link between the Service and Twitter, Facebook and/or Google+. The User is not allowed to log into the Service and/or create an Account using the Facebook-, Twitter- or Google+-account of another User, person or company.

4.5          Dialost may at all times (i) make functional, procedural or technical changes or improvements to the Service, including the Application and Content, and (ii) (temporarily or permanently) take out of service, restrict the use of or terminate Accounts on the Service, without becoming liable to the User.

4.6          The User is solely responsible for the purchase and/or the proper operation of the infrastructure necessary to use the Service, including any mobile device with functions for (GPS) localization. Dialost is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet.

Article 5           Use of the Service

5.1          The User is not permitted to:

a.      use the Service and/or Content in a way that is contrary to the purpose and morals of the Service;

b.      use the Service and/or Content in a way that is discriminating regarding race, religion, gender, culture or heritage or which is otherwise offensive;

c.      use the Service and/or Content in a way that calls for violence against and/or harassment of others;

d.      use the Service and/or Content in a way that is false and/or misleading, including – but not limited to – the adoption of a false identity and/or making the incorrect suggestion that the User is in any way commercially connected with Dialost or its licensors;

e.      use the Service and/or Content with a (mobile) device which contains viruses, Trojan horses, worms, bots or other software that can damage, disable or delete the Service or makes it inaccessible, or which alters, damages or deletes the Content;

f.       violate the Terms of use, the Privacy Statement or any applicable laws and/or regulations;

g.      infringe on the rights of Dialost and/or third parties, including – but not limited to – Intellectual Property Rights and rights that relate to the protection of privacy;

h.      harm the interests and reputation of Dialost;

i.        collect data from Users through the Service and use this data for other purposes than those that are listed or intended in the Terms of Use;

j.        reproduce, publish or  sell the Content which is obtained through the Service;

k.      use contact information which is provided by Users for any commercial, non-commercial or charitable communication as well as any other unsolicited communication other than the intended purposes of the Service;

l.        use the Service for advertisement purposes, other than with the express permission of Dialost;

m.     engage third parties to perform any of the abovementioned acts.

5.2          The User acknowledges and agrees that the personal data he makes available trough the Service can be used by other Users. The User acknowledges that Dialost cannot enforce compliance with the Terms of Use by other Users.


Article 6           Content

6.1  The Service offers Users different Content. The User can choose which (type of) information it wishes to receive by downloading specific Content on his mobile device.

6.2  Content may be offered under additional terms and conditions, such as –but not limited to- (periodic) payment obligations and restrictions to use, for instance to a certain time limit, or area. In any case the use of Content is limited in accordance with article 8.

6.3  Upon fulfillment of any (payment) obligations in accordance with article 7, User may download the Content onto its mobile device or into its Account, subject to the license granted in accordance with article 8.2. After download the Content shall be available to User in its Account if applicable. User may, at any time, delete or remove the Content from its Account. Upon removing the Content, all rights of User for the use of that Content shall terminate, unless otherwise specified by Dialost.

6.4  Dialost reserves the right to modify, refuse or delete Content or to restrict the use of the Content, or subject the use of the Content to (additional) terms, if there are grounds to do so according to Dialost and/or its licensors, without becoming liable to the User. This right includes the right to have the forementioned actions performed by third parties, such as licensors of Dialost.

6.5  The User accepts that the Content contains only the functionalities and information that it finds at the moment of use (“as is” basis). Except as expressly provided in these Terms of Use, Dialost and or its licensors makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, availability or accuracy of the Content. Furthermore Dialost does not guarantee that the Content will be available in the language of choice of User.

6.6  Dialost accepts no liability for (in)correctness, (in)completeness or the (in)actuality of the Content that is made available in the Application (whether or not this Content originates from third parties).

6.7  If a User is of the opinion that certain Content infringes its rights and/or the rights of other Users or a third party the User should notify Dialost immediately by sending an email to


Article 7           Prices and payment

7.1          For the use of the Service a fee is due. Content may be offered for a fee, or free of charge. The User will receive the relevant payment details prior to adding the Content to the device or Account. Payment takes place in the way as described in the purchase program for the Application (for instance the Appstore, Marketplace and other application purchase programs of mobile operating systems).

7.2          Payment for the Content takes place in the way as described in the Application. All in-App payments will go through the relevant In-App purchase program (for Apple, Android or other operating systems).

7.3          If a periodic payment is agreed and/or no payment by direct debit is possible or agreed, the User must pay within 30 days after the invoice date, unless explicitly agreed otherwise in writing.  

7.4          If Dialost has not received (full) payment after the expiration of this term, the User will immediately be in default, without any advance demand or notice of default being required. From the time of default, the User owes interest equal to the statutory interest.

7.5          If the User remains in default of payment of the claim after a reminder or notice of default, Dialost may decide to refer the debt for collection. In that case all costs incurred by Dialost in connection with late payments are charged to the User.

7.6          The User is not entitled to suspend any payment obligation.


Article 8           Intellectual Property Rights

8.1  The Intellectual Property Rights in relation to the Service, including the information made available via the Service such as the Content, texts, look-and-feel, templates, video-, audio- photo-material and the website of Dialost, are held by Dialost or its licensors.

8.2  Under the conditions set out in these Terms of Use, Dialost will grant the User a limited, personal, revocable, worldwide, non-exclusive, non-sublicensable and non-transferable right to access and use the Service, including the Content, insofar as is necessary for the non-commercial use of the Service. This license does expressly not entail the right for the User to publish, reproduce or make available the Service and/or the Content in another medium or for any third party.

8.3  Nothing in these Terms of use is intended to transfer any Intellectual Property Rights to the User. The User shall refrain from any act that infringes the Intellectual Property Rights of Dialost or its licensors, including – but not limited to – the registration of domain names, trademarks or Google Adwords that are identical or similar to any object to which Dialost or its licensors holds Intellectual Property Rights, as well as the reproduction, modification, reverse engineering or publishing of the Service, including the Content, for other purposes than those listed in the Terms of Use, unless permitted by applicable mandatory law.

8.4  The User is not permitted to remove, make illegible, hide or modify notifications or statements with regard to Intellectual Property Rights.

Article 9           Privacy

9.1  By registration, providing Login Details and by using the Service, the User will provide personal data to Dialost. This personal data will be processed in accordance with the Privacy Statement of Dialost and the applicable laws and regulations.


Article 10          Indemnities and warranties

10.1        The User is liable for and indemnifies Dialost completely against any damages and costs which Dialost suffers or makes as a result of (i) an attributable breach of the Terms of Use by the User, (ii) any use the User makes of the Service, including Content, or (iii) an unlawful act, or (iv) any third party claims. All costs and damages that in any way relate to such a claim will be reimbursed by the User.

10.2        The User guarantees that he is entitled to use the Service and that he will act in accordance with the Terms of Use. The User indemnifies and holds Dialost harmless against claims of third parties arising out of the User acting in any way unlawful.

10.3        The Service may contain links to third party websites that are not owned or controlled by Dialost. Dialost has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites.

11.1        Dialost accepts no liability for damages that result from the Service, an unlawful act, or any other cause, to the extent that is permitted under mandatory law.

11.2        When Dialost is liable to Users for damages arising from any cause whatsoever, this liability is at any time limited to the direct damages up to an absolute maximum of EUR 5.000,-- per event (a sequence of events will be regarded as one event).

11.3        Direct damage is understood to mean exclusively:

a.      damage to property, however this damages shall not be compensated if the agreement is rescinded (“ontbonden”);

b.      reasonable costs incurred to prevent or limit direct damages that could be expected  from the event on which is the liability is based;

c.      reasonable costs incurrent in determining the cause of the damage.

11.4        Any liability of Dialost for damage other than direct damage (“indirect damages”) as specified in article 11.3, including – but not limited to – consequential damages, loss and/or damage of data, loss in connection with claims, materials, services and/or software of third parties, loss of profits and lost sales, is excluded.

11.5        The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Dialost or its managers (“own actions”).

11.6        The creation of any right to compensation is always conditional on the User reporting the damage to Dialost in writing a soon as possible after it has come about. Any claim for compensation vis-à-vis Dialost will be cancelled simply by the expiry of twelve (12) months after the damage first arose.

Article 12          Force majeure

12.1        Neither Party to this Terms of Use is liable to perform any obligation, including any warranty obligation agreed between the Parties, if prevented there from by force majeure.

12.2        Force majeure is taken to mean inter alia: illness of employees and/or absence of key employees needed for the Service, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers of Dialost, shortcomings by third parties which were engaged by Dialost, disruption of the internet connection, hardware failures and failures in (telecommunication) networks.


Article 13          Duration and termination

13.1        The User is at any moment entitled to discontinue the use of the Service and to terminate its Account for convenience (“opzeggen”).

13.2        If there are grounds to do so, without any further notification being required and without becoming liable to pay compensation, Dialost reserves the right to terminate the User’s Account (temporarily or permanently) or to delete Content, specifically in but not limited to cases in which the User, in Dialost’s opinion, has breached any of the provisions in these Terms of Use, without prejudice to Dialost’s right to take further legal action and/or its entitlement to compensation.

13.3        Dialost points out that the User can not invoke the cooling off period as referred to in article 7:46d section 1 of the Dutch Civil Code. The reason for this is that Dialost provides the Service immediately with the consent of the User as mentioned article 7:46i section 5 subsection 1 of the Dutch Civil Code.

13.4        In the event of termination for cause (“ontbinding”) of the agreement for the use of the Service, no reversal will take place of that which Dialost has already delivered and/or performed and User has paid. Where applicable, amounts invoiced by Dialost before the termination in connection with that which Dialost has already properly performed or delivered in the implementation of the agreement will continue to be owed with due observance of the provision in the preceding sentence and will become immediately due and payable in full at the time of the termination.

13.5        Upon termination of the agreement for the use of the Service for any reason whatsoever, the User’s right to use the Service terminates immediately and access to the Service is refused. Upon termination for any reason whatsoever, Dialost will remove User’s Account. However, Dialost remains entitled to use the personal information provided by User in accordance with the Privacy Statement.


Article 14          Miscellaneous

14.1      The Terms of Use and the use of the Service is subject to Dutch law. The applicability of the Vienna Sales Convention 1980 is expressly excluded.

14.2      To the extent that national or international rules of law do not prescribe mandatory conditions to the contrary, any and all disputes arising from or related to the Service, the Content or the Terms of Use will be brought before the competent court in Amsterdam.

14.3      Dialost may transfer rights and obligations arising from these Terms of Use to third parties and will notify the User of this. When the User does not accept the transfer of rights and obligations he may discontinue the use of the Service and terminate his Account.




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