Please read the following carefully. These terms form a legally binding contract. By using this app and its content, or carrying on past this screen, you agree to the following (on your own behalf and on behalf of everyone with you). English law applies to this contract, its subject matter and formation, and the English Courts have exclusive jurisdiction over any disputes arising about those things.
Interpretation
The app consists of the main platform (the app itself) and content (walking routes which are hosted on / made available through the app). Where these terms use “us”, “we”, “our”, or similar phrases, that means INCONET Limited. References to “you”, “your”, or similar phrases mean the user of this app and content, together with anyone else using the app or content with them. “Host” means the company, association or other organisation or person which hosts or provides the route(s) represented in the content (for example, a tourism destination, accommodation provider or other venue or organisation). Where these terms use “including”, “for example” or similar phrases, that does not limit or change the meaning of the words which follow those phrases.
Safety
• Use of the app and content involves walking. If you have health, fitness or mobility issues, please check the route description to ensure the route is suitable for you. • The app is for recreational purposes only – it should not be relied on for safety purposes or a precise location. • It is your responsibility to ensure that: ◦ your use of the app and its content is lawful, safe and sensible, and is appropriate for you (and everyone with you); ◦ the device on which you are using the app is adequately charged (we recommend starting with a full charge and taking a spare battery pack for longer routes; we also recommend making sure you have another phone which you can use to make emergency calls if the device you are using for the app runs out of charge); ◦ the app has been successfully downloaded and activated before you start; ◦ you do not switch off the device on which you are using the app until you have completed the route; ◦ you are stationary when looking at your device (to avoid being distracted when walking); ◦ you are (and everyone with you is) wearing appropriate clothing for the time of year (including sturdy footwear, as some routes are on public footpaths and may be muddy or slippery); and ◦ you follow (and everyone with you follows) the Countryside Code – in particular, please don’t drop litter and please do close all gates behind you.
Liability
• The Host (and not us, unless we are also the Host) is responsible for the content on the app. • Care is taken to ensure that the information provided in the content is accurate – but information, prices (where applicable) and facilities do change from time to time and may be different to what is shown in the content by the time you use the app and its content. Also, there may be small differences between the actual route and its description. Neither we nor the Host have any responsibility to you for inaccuracies in the content, including (without limitation) any changes or closures to local area amenities, pubs or attractions, or access routes. • If you pay for any content made available through the app, that is a transaction between you and the Host (and not us, unless we are also the Host) and will be subject to separate terms. Amongst other things, this means that the laws which apply to consumer purchases do not apply here, because you are not purchasing from us. • To the fullest extent permitted by law, we exclude: ◦ all warranties about the app and its content, including any warranty about fitness for purpose (warranties are legal statements promising something specific – sometimes they are expressly written into a contract and sometimes they are implied into a contract by the law – this exclusion applies to both express and implied warranties); ◦ all liability to you and everyone with you, including all liability for indirect or consequential losses (a technical legal term which, depending on the circumstances, covers things like loss of profit, loss of opportunity and so on) and all liability for damage to or loss of property and for death or personal injury (except death or personal injury caused by our negligence).
Data Protection
We do not collect or otherwise process any personal data through the app – all personal data (including location data) is processed locally on your device. You are responsible for making sure that any photos you upload using the app do not infringe anyone else’s privacy or data protection rights. (The best way to do this is to avoid taking photos which include anyone who is not in your group – though this is just practical advice, and it is still your responsibility to ensure that you comply with this requirement.)
Copyright
The content is owned by the Host (or us, in some cases) and you must not in any way copy, reproduce or sell it, or attempt to pass it off as your own. The app is owned by us and, again, you must not in any way copy, reproduce or sell it, or attempt to pass it off as your own.
TrailMakerPRO™ is a trademark of INCONET Limited
