Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE EXPLORERNAUTS APP.
 
These Terms of Use (the “Terms”) set out the legally binding terms with respect to your use of the digital services operated by Scout Digital Limited ("Scout", "we", "us", "our"), including but not limited to the Explorernauts Application (the "App"). We are registered in England and Wales under company number 09196853 and our registered office is 1 Theobald Court, Theobald Street, Borehamwood, Hertfordshire, WD6 4RN. We can be contacted by e-mail using info@scoutdigital.co.uk. The term "you" refers to any user using the App.

By installing, accessing and using the App, you agree to be bound by these Terms, including our Privacy Policy, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference. If you are unwilling to be bound by these Terms, you are not authorised to and should not use this App.

 

Changes to the App

You agree and understand that these Terms and the App may be modified or added to by Scout at any time so you should check them regularly. Your continued use of the App after any modifications indicates your acceptance of the modified Terms. Unless expressly stated otherwise by Scout, any new features, services, enhancements or modifications to the App implemented after your initial access to it shall be subject to these Terms.


Rights to Content
 
Except as otherwise indicated, this App, and all text, photos, images, video, sounds, information, works of authorship and other content contained herein ("App Content") is and remains the property of Scout or its licensors, with all rights reserved.

 

Scout, its logo and all other marks displayed on this App (the "Intellectual Property") are registered and/or common law trademarks of Scout and/or various third parties. Nothing contained on this App may be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property without the prior written permission of Scout or the other party that may own the Intellectual Property.
 
 
Use of the App

You must be at least 18 years of age in order to use the App. 

 

Scout authorises you to view and download the App subject to the following conditions: (i) you may only do so for your own personal and non-commercial use; (ii) you may not modify, adapt, translate, or reverse engineer any portion of the App; (iii) any displays of App Content must be marked “(c) Scout Digital Limited All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the App Content by Scout; (v) you may not reproduce, prepare derivative works from, distribute or display App Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, republication, posting or redistribution of the App Content or any portion thereof is strictly prohibited without the prior written permission of Scout. To request permission, you may contact Scout at info@scoutdigital.co.uk. If you violate any of these Terms, the rights we grant to you under these Terms will immediately terminate. 

 

 

The App provides you with a set of graphical markers with which you may choose to create a walking route on a map (the “Trail(s)”) and to place individual markers at selected points on that Trail (“Markers”). You understand and agree that a Trail is created entirely by you and you agree that it is solely your responsibility to create a safe and appropriate Trail. You further agree that Markers are placed on a Trail entirely by you and you agree that it is solely your responsibility to place Markers in safe and appropriate locations. Any prizes you choose to include in a Trail are defined and supplied entirely by the you at your own cost and we make no recommendation as to the appropriateness or otherwise of any prizes you define.

It is your responsibility to check the weather, bring appropriate clothing, supplies and equipment. You will not trespass, or attempt to gain or gain access to any property or location where you do not have a right or permission to be in any manner, and will not otherwise engage in any activity that may result in death, injury, property damage, nuisance, or liability of any kind.

 

While you are using the App, ensure you are aware of your surroundings at all times, and communicate and play safely. Scout does not intend the App to be a medical or health device, or provide medical or health advice.

You represent and warrant that your use of the App will be consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You will not utilise the App to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous or is pornographic or sexually explicit in nature. You expressly agree to indemnify Scout against any liability to any person arising out of your use of the App not in accordance with these Terms. 

 

You represent and warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this App in accordance with these Terms.

 

A Child is not allowed to use the App at any time without direct supervision of an Adult. A "Child" is a person under 18 years old. An "Adult" is a person over 18 years old. If you are the parent or legal guardian of a Child, you are agreeing to these Terms on behalf of yourself and your Child. If you don’t agree to these Terms do not use the App. Purchases made through the App are limited to Account holders. Adults can consult their device settings for the App to restrict in-App purchases by a Child, and should also monitor activity in their Child’s Account.

 

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SCOUT DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF AN ADULT.

 

 

 

You agree that Scout may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. Scout may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

 

 

 

The App is available on tablet and mobile devices and is provided over third party mobile networks or via the internet therefore the quality and availability of the App may be affected by factors outside Scout’s reasonable control. It is your responsibility to ensure that your equipment, systems and connectivity are suitable to enable you to access the App. Scout does not accept any responsibility for unavailability of the App, inability to download the App or any difficulty accessing App Content or any other communication system failure which may result in the App being unavailable. Scout will not be responsible for ongoing support or maintenance for the App.
 
 
Warranty disclaimer and limitation of liability
 
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT SCOUT’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; OR (III) FRAUDULENT MISSTATEMENT. SUBJECT TO THE FOREGOING, YOU USE THE APP AT YOUR OWN RISK AND NEITHER SCOUT NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE APP'S CONTENT SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT ARISING FROM YOUR USE OF THE APP AND/OR APP'S CONTENT (OR INABILITY TO USE THE APP OR APP CONTENT) INCLUDING WITHOUT LIMITATION, ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA OR CONTRACTS AND WHETHER IN TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), CONTRACT OR OTHERWISE IN CONNECTION WITH THE SERVICE OR THE APP IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE APP. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SCOUT DISCLAIM ALL LIABILITY RELATED TO ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH THAT MAY OCCUR DURING YOUR USE OF THE APP, INCLUDING ANY CLAIMS BASED ON THE VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION OR YOUR ALLEGED NEGLIGENCE OR OTHER TORT LIABILITY. IN ANY CASE, SCOUT' MAXIMUM LIABILITY TO YOU SHALL NEVER EXCEED £10 (TEN POUNDS STERLING).

 

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE APP IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. 

 

Scout disclaims any warranty or representation as to the accuracy of any information contained in the App's content.

 

You expressly agree to release Scout, its Affiliates, Personnel, partners and licensors (the “released parties”) from any and all liability connected with your use of the App, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your activities. You shall indemnify the released parties from claims arising from your use of the Services.

 

You agree and acknowledge that Scout is a limited liability company and that Scout has an interest in limiting the personal liability of Scout’s personnel and officers, and having regard to that interest, you agree that you shall not bring claims personally against Scout’s employees, directors and officers in respect of any losses you suffer in connection with the App, any use thereof, or this disclaimer. Notwithstanding to the aforementioned, anything contained herein shall not limit or restrict or in any way exclude the liability of the limited liability itself for the acts and omissions of Scout’s employees, directors and officers in performing their duties for and on behalf of Scout.

 
Indemnity
 
You agree to indemnify and hold Scout, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your (1) breach of these Terms, (2) your use of the App and (3) your violation or breach of any third party rights or any law.

 
Places and Destinations

Scout is not a travel advisory service and neither recommend nor dissuade travel to any particular destination. We make no representations as to the safety of different destinations or the risks involved in visiting different locations around the world, nor do we warrant that travel to any destination is without risk. Scout is not liable for any loss or damage, nor personal injury and death other than caused by negligence, that may result from travel to any destinations.

We strongly advise you to check with your country’s foreign office or other relevant government body for advice and any travel warnings before considering travelling to any international destination.


Third Party Sites
 
The App may contain links to third-party websites or other services. The linked sites or services are not under the control of Scout, and Scout is not responsible for the contents of any linked site or service. Scout provides these links as a convenience, and a link does not imply endorsement of, sponsorship of or affiliation with the linked site or service by Scout. Linked sites or services are owned and operated by independent retailers or service providers, and therefore, Scout cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
 
 

Notice and Take-Down Policy for illegal content
 
Scout operates on a “notice and takedown” basis. If you have any complaints or objections to material or content posted on this App, or if you believe that material or content posted on this App infringes a copyright that you hold, please contact us immediately via info@scoutdigital.co.uk. Scout will, if appropriate, amend or remove the content as soon as reasonably possible once notified of this change in writing.
 

Applicable law and jurisdiction

The App (excluding links to third-party sites) and these Terms are to be construed in accordance with and governed by the law of England and Wales which shall have exclusive jurisdiction over any disputes.


General
 
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
 
Scout will not individually store the specific Terms under to which you signify your agreement to these Terms. The App is not updated periodically on a regular basis and consequently is not required to register as editorial product under any relevant law.