Terms of use
We are Tiny Mobile Ltd.
Please read these Terms of Use carefully as they are the terms governing your use of the Tiny Mobile Apps (collectively the “App") and our website (www.pubwalks.co.uk). We provide the service only on these Terms of Use and if you do not agree to be bound by them you may not use the App or website. By subscribing to and/or using the App or website you confirm that you have read, understood and accepted these Terms of Use and our Privacy Policy.
We care very much about the standard of the App and website, and we want to hear from you if you are not satisfied in any way or have any feedback. Please send your comments to hello@pubwalks.co.uk
Your Subscription
A subscription is required to use the App and it is charged by your app store (meaning the online store that you have purchased the App from) and subject to their terms and conditions at the time.
Payment will be charged to your app store account at confirmation of purchase. The price for the subscriptions is as listed on the app store from time to time.
Subscriptions are managed in accordance with the app store rules, please review those rules carefully.
Using the App and website
We hope you enjoy using our App and website; great care has been taken in putting together the App, website, content and walking routes. However, it is possible that the app, website, content or walking routes may contain errors, be incomplete or out of date.
We have used various sources to validate the accuracy of routes, however, we have not tested all routes by walking them and they may contain errors. We do not accept any responsibility for any diversion orders or any inaccuracies in the routes, or any other changes to the routes (including closure), nor any damage which might result from walkers trespassing on private property.
The App makes use of functionality on your device that can pinpoint your location. We do this in order to show your position on your chosen walk.
When you open the App for the first time, you will be asked whether the App can use your location and in what circumstances. You can change your choices at any time in the App settings and you can also turn the location services off at any time. The App’s functionality will be reduced if location services are turned off.
The App uses your phones GPS and this uses the battery faster than normal. Always start with a fully charged battery and have a map or alternative form of navigation available.
The App and website rely on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app or website due to a poor internet connection, faulty components in your device, app store failure or anything else that it would not be reasonable to expect us to control.
The App and website may contain views and content provided by users. The views expressed and content provided by users are those of individual contributors and not necessarily those of Tiny Mobile Ltd. It is possible that the information provided by users contains errors, or is incomplete, or out of date. If you upload or send comments or photos to us then, unless you have expressly stated otherwise, you grant us an irrevocable licence to publish those comments and photos on our App, website and elsewhere. In uploading any of those comments and photos to us you also (unless you have expressly stated otherwise) irrevocably waive any moral right that you may have in such comments. We may alter the content provided by the App or website (including any third party content) at any time and at our discretion.
You are not allowed to:
modify the App’s or website’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
deliberately attempt to avoid or manipulate any security features included in the App or website; or
pretend that the App or website is your own or make it available for others to download or use (including by way of copying the code of the App or website and creating an independent version).
decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software;
copy or duplicate any of the content on the App or website.
Acceptable Use
You must not use the App or website to do any of the following things:
break the law or encourage any unlawful activity;
send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
infringe our or anyone else’s intellectual property rights (for example by using or uploading someone else’s content);
transmit any harmful software such as viruses;
try to gain unauthorized access to computers, data, systems, accounts or networks; or
deliberately disrupt the operation of anyone’s website, app, server or business.
Privacy and Information
Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint. You can view our Privacy Policy here.
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App and website. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
Disclaimer and Our Liability to you
Nothing in these Terms is to be interpreted as an attempt to limit or exclude our liability for any personal injury or death resulting from our negligence, our liability for fraud or fraudulent misrepresentation. If you are a consumer, nothing in these Terms shall affect your statutory rights.
You use the App or website at your own risk. The App and website are provided as is and without warranties of any kind either expressed or implied. We disclaim all warranties of merchantability and fitness for a particular purpose to the fullest extent permissible. We do not warrant or make any representations regarding the use of or the result of the use of the material in the App or website in terms of its correctness, accuracy, reliability, or otherwise.
Subject to the above:
our maximum liability to you under these terms shall be limited to any amount that you have paid to us for the relevant subscription period; and
we shall not be liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence or any business loss or damage.
You should carefully check any route that you intend to walk to ensure that it is suitable for you, taking into account your health, level of fitness and experience. We do not provide any advice or instructions on any exercise or other activities that you undertake. We do not assess the risks in any route or conduct any health and safety assessments of the routes shown on the App or website. The App and the website are not a replacement for any other guidance, codes or warnings that apply to the route.
You should use the App and website responsibly and you should use your own judgement in relation to any risks on the route, including without limitation the weather conditions and the condition of the route itself. Any warnings on the route itself must still be complied with even if the App or website might suggest that the route is otherwise clear.
Any timings shown in the App or website for routes are estimates only and are based on the assumption of you having an average fitness level. The walks may take less or more time depending on your fitness, the weather conditions and the condition of the route.
Your Liability to Us
You will be liable to us for any and all costs, losses, expenses and damages whatsoever and howsoever arising from:
any breach by you of these Terms;
your infringement of any of our intellectual property rights or those intellectual property rights owned by third parties;
any willful misconduct by you or any negligent or unlawful act or omission by you; :
External Services
The App and website may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
You must not use external services in any way that:
is inconsistent with these Terms or with the terms of the external service; or
infringes our intellectual property rights, or the intellectual property rights of any third party.
From time to time we may change or remove the external services that are made available through the App and website.
Ending this Agreement
We can end our contract with you if you do not comply with any part of it.
We shall end our contract with you immediately in the event that you cease to pay your subscription fees or in any other circumstances where we are unable to continue to make the App or website available (including without limitation any change to the app store rules or requirements).
Additionally we may end this contract immediately if you have done anything. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or website or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
The consequences of the agreement ending are as follows:
you are no longer allowed to use the App or website and we may remotely limit your access to it;
we may delete or suspend access to any accounts that you hold with us; and
you are not entitled to a refund of any subscription fees already paid.
General
We reserve the right at any time, in our sole discretion, to make any changes to these Terms. Any changes will be notified to you by publishing the revised Terms on this site. By continuing to use the service you agree to be bound by such changes.
The information provided in the App and website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
If any provision of these Terms or any part of any provision is determined to be partially void or unenforceable by any court or body of competent jurisdiction or by virtue of any legislation to which it is subject or by virtue of any other reason whatsoever, it shall be void or unenforceable to that extent only and the validity and enforceability of any of the other provisions or the remainder of any such provision shall not to be affected.
No one other than us or you has any right to enforce any of these Terms.
We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
These Terms are to be interpreted in accordance with English law and, in the event of any dispute, and any disputes will be subject to the non-exclusive jurisdiction of the English Courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.