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Skamper Limited Terms and Conditions

The Skamper website and associated app (in these terms and conditions, referred as Skamper App) are owned and operated by Skamper Limited. Registered in Scotland No.SC742632. Registered Office: 5/12 Donaldson Crescent, Edinburgh, United Kingdom, EH12 5FB (in these terms and conditions, referred as Skamper or we or us).

1. Legally binding terms

1.1 In consideration of Skamper allowing you to register an account to use the Skamper App, you accept these terms and conditions (here referred to as the Terms)

1.2 In addition to these Terms, by registering an account to use the Skamper Apps you are accepting how we treat your personal data, which is set out in our Privacy Notice, which you can find here

2. Availability of the Skamper App

Skamper does not warrant that the Skamper App will be uninterrupted, error free or that any information or other material accessible from the Skamper App is or will be free of viruses or other harmful components.

3. Term

3.1 For as long as you are registered to use the Skamper App, these Terms will apply, regardless of whether you use the Skamper App or not.

3.2 These Terms will no longer apply, and the contract formed between you and Skamper will terminate, when your account is deleted, either by yourself or by us, in the event of breach of these Terms and or misuse of the Skamper App.

4. Account

4.1 As a user of the Skamper App, you will need to create an account with a username and password, with which you may access the Skamper App and your personal account.

4.2 Your username and password are unique to you. You must not disclose them to any third party and must treat this information as confidential.

4.3 Use of the Skamper App by any person other than you constitutes a breach of these Terms, which may entitle us to delete your account. Additionally, these Terms will apply to any use of the Skamper App by any person that has not registered their own personal account and has access to the Skamper App through your, or someone else’s personal account.

4.4 We have the right to disable any username or password and to close your account if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

4.5 If you know or suspect that anyone other than you knows your username and or password, you must promptly inform the Skamper Administrator at admin@skamper.app

5. Content

5.1 The information given in the Skamper App is provided in good faith. It is intended only as a general guide. It is your responsibility as an individual to approach outdoor activities, such as running as described in the Skamper App, with caution. Running can be strenuous and you should ensure that you are in good health and fit enough before embarking on a run. If in doubt, it is your responsibility to seek medical advice.

5.2 To the fullest extent permitted by applicable law, Skamper makes no representations and gives no warranties, expressed or implied, concerning the accuracy, completeness or suitability of the information and data provided through the Skamper App, including, without limitation, any course routes or course conditions.

5.3 You understand that the activities associated with the Skamper App can, at times, involve risk of injury, death, property damage and other dangers associated with such activities.

5.4 You understand and agree that, to the fullest extent permitted by applicable law, Skamper disclaims and excludes responsibility for any such personal injury, death or property damage resulting from these activities. Skamper is not responsible for the misuse or misrepresentation or misinterpretation of the information and/or data provided, and any reliance you place on such information and/or data is therefore strictly at your own risk and you waive, to the fullest extent permitted by law and subject to these Terms, any claim that you, or your successors and assigns, may have for personal injury, death or property damage.

6. Participating in a Skamper activity

6.1 When you participate in a Skamper activity, you may find that actual real-world conditions differ from the information and data provided through the Skamper App , for which Skamper takes no responsibility. You undertake to exercise your independent judgement and participate in the activities at your own risk. You are always responsible for your own conduct.

6.2 When participating in a Skamper activity you agree to and warrant that you will

● Allow Skamper to access your location to show you course nearby and to monitor your progress around the course, even with the app in the background

● For navigation use the course map and your position on the map as a guide only. Your positional accuracy in the app is determined by GPS technology and your true position may be offset from your location shown on the map by many metres. We advise you take a map and compass when away from urban areas and always be aware of your immediate surroundings.

● Allow Skamper to send you notifications that you have reached the checkpoints that measure your progress around the course and when you have completed a run

● Always follow the relevant Countryside Code for the region you are undertaking activities.

● Only participate in a course you have competence to undertake.

● Wear and take appropriate clothing, footwear, and equipment, for the course and the conditions.

● Take appropriate drinks and nutrition – each person has different requirements; so use your personal judgement based on course length, elevation gain and weather conditions.

● Never cross a road until it is safe to do so.

● When on roads or pavements follow the “Highway Code-Rules for pedestrians” and show consideration for other users.

● Respect local warning signs and proceed with caution when in fields with livestock.

7. Liability

7.1 Save in respect of liability for death or personal injury caused by our negligence, which we do not seek to exclude, Skamper accepts, to the extent permitted by law, no liability for any loss, damage, injury, costs or expenses howsoever caused or incurred as a result of the use of the Skamper Apps or any errors, inaccuracies or omissions contained in the Skamper Apps. We advise you to verify the accuracy of the information provided before relying upon it.

7.2 To the extent permitted by law and except as set out in these Terms, we exclude all express or implied terms, conditions, warranties or representations whatsoever with regard to your use of the Skamper App.

7.3 Subject to the terms of this paragraph, our total liability arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £5m.

8. Rights and Intellectual Property

8.1 Skamper reserves the right to use any comments we receive, by email or otherwise, in any promotional material.

8.2 Any rights not expressly granted in these Terms and Conditions are reserved to Skamper.

8.3 You acknowledge and agree that:

● all material, content and systems relating to Skamper and the Skamper Apps are part of our “intellectual property rights”, which includes registered and unregistered rights in any copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, get-up, database rights, and all similar rights;

● you will not, at any time, do anything that would infringe our intellectual property rights, including recording, copying, divulging, reusing, making available to others, reselling or reproducing in whole or in part the Skamper Routes, except without our prior consent (whether or not for financial gain); and

9. Indemnity

Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Skamper and its directors, officers, members, investors, managers, employees and agents from any and all claims, liabilities, costs and expenses, including reasonable solicitors’ fees, arising in any way from your use of the Skamper App. Skamper reserves the right, at its own expense, to assume the exclusive defence and control of any matter, subject to indemnification by you, and in such case, you agree to cooperate fully with Skampers defence of such claim.

10. User Material

10.1 Material submitted by users, including images, files and text (defined as ‘User Material’), belongs to the user and not Skamper. By submitting User Material, users grant Skamper an irrevocable, perpetual, non-exclusive, royalty-free license to use it for various purposes, including commercial ones, across all media platforms.Users are responsible for ensuring they own or have the rights to the User Material they submit and indemnify Skamper for any claims related to it.

10.2 Any rights not expressly granted in these Terms and Conditions are reserved to Skamper.

10.3 If you submit User Material to Skamper you warrant to us that:

● You have all necessary rights and permissions to: (i) make available all of your User Material; and (ii) grant the rights, licenses, and permissions granted hereunder with respect to any data, content, information, or feedback, including your User Material;

● Your User Material is not illegal, obscene, defamatory, or in any way offensive;

● Your User Material does not advertise any product or service or solicit any business;

● Your User Material does not identify any individual (by name, address or inclusion of a photo of such individual) under the age of 18 and if User Material identifies any individual over the age of 18, you have the consent of such individual to identify them.

10.4 Skamper reserves the right to review and may remove any User Material deemed inappropriate, infringing, or offensive without notice.

11. General

11.1 We may alter, amend, change or modify or withdraw these Terms at any time and from time to time.

11.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.3 These Terms are not enforceable by any third party (whether under statute or otherwise).

11.4 Neither you nor we will have any remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Neither you nor we will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

12. Applicable Law and Jurisdiction

These Terms shall be governed by English law. Any disputes involving these Terms or the use of the Skamper Apps shall be subject to the exclusive jurisdiction of the English courts.

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©2024 Skamper Ltd.

Skamper Limited is registered in Scotland, company no. SC742632.

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