Terms of Service - Fellbase

1. What is in these terms and which terms apply to you?

1.1. This page sets out the legally binding terms and conditions (these “Terms”) which apply to your use of our Website and the Apps (each as more particularly defined in Clause 3.1 below), together being the “Fellbase Products”.

1.2. These Terms also refer to the following additional terms, which also apply to your use of the Fellbase Products:

– our Privacy Policy: this sets out how we process any personal data that we collect from you or that you provide to us;

– the Fellbase App utilises various third party mapping products. Those third parties may have their own terms that also apply to your use of the Fellbase Products. Where this is the case, a link to the applicable third party terms can be found inside the Attribution section on the About page of the App; and

– as the Fellbase Products may contain third party software which is available under open source or free software licences, and for which Fellbase is required to provide attribution, please note the following Third Party Legal Notices. The Terms do not alter any rights or obligations you may have under those open source or free software licences.

1.3. Please read these Terms carefully and make sure that you understand them before using any of the Fellbase Products. By using any of the Fellbase Products, you confirm that you accept, and agree to be bound by, these Terms and any other documents expressly referred to in them.

1.4. We recommend that you save or print a copy of these Terms, so that you can keep them for future reference. However, we may amend these Terms from time to time, and so every time you wish to use any of the Fellbase Products, please check this page for the latest version of the Terms as it is that version which will apply to your use of the Fellbase Products.

2. Information about us and contact details

2.1. The Fellbase Products are operated by Michael Zurke, software developer from Cockermouth, England (“Fellbase”, “we” or “us”).

2.2. We provide you with the ability to contact us easily: you can get in touch via our ‘Support’ page. We will endeavour to respond to you as soon as possible. If you wish to give us notice in writing regarding these Terms, please email us at fellbaseapp@gmail.com.

2.3. If we have to contact you or give you notice in writing, we will generally do so by e-mail to the e-mail address you have most recently provided to us.

3. Definitions and Interpretation

3.1. Where you see the following words or phrases in these Terms, they have the following meanings:

(a) “Apps” means: (i) the “Fellbase” iOS and Android mobile applications, which are available for download worldwide;

(b) “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

(d) “Fellbase Products” means Website, and the Apps.

3.2. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

3.3. Any words following the terms including, include, in particular, for example or any similar expression shall be construed without limitation and accordingly will not limit the meaning of the words preceding them.

3.4. All headings are for ease of reference only and will not affect the construction or interpretation of these Terms.

3.5. In these Terms the phrase “in writing” includes e-mail.

3.6. All obligations on you not to do something in these Terms shall be construed as an obligation not to agree or allow that thing to be done.

4. Your rights to use the Fellbase Products and IP

4.1. IP ownership. We are the owner or licensee of all Intellectual Property Rights in and to the Fellbase Products, including:

(a) all the content and materials used in or available on or through the Fellbase Products; and

(b) the software contained on or used in the Fellbase Products from time to time.

4.2. Your rights to use the Fellbase Products. We hereby grant you the right to use the Fellbase Products and, to the extent necessary for such use, we grant to you a non-assignable, non-transferable, non-exclusive and revocable licence to use the Fellbase IP, solely to the extent permitted by and in accordance with these Terms. You acknowledge that in being permitted to use the Fellbase Products, these Intellectual Property Rights are licensed (not sold) to you solely pursuant to the Terms, and that you have no other right, title, or interest in, or to, the Intellectual Property Rights in the Fellbase Products.

5. Restrictions on your use of Fellbase Products

5.1. Any copying, re-utilisation, extraction, reproduction or redistribution of any element of the Fellbase IP is expressly prohibited.

5.2. You shall not adapt, reverse engineer or decompile (except to the limited extent expressly authorised by applicable law), disassemble, modify, reproduce or create derivative works from, any of the Fellbase Products or the Fellbase IP in any way without obtaining our express prior written consent in each instance.

5.3. Immoral, illegal or criminal purposes. You may not use Fellbase Products or any part of the Fellbase IP:

(a) for any immoral, illegal, threatening, abusive or harmful purpose;

(b) in any manner which might reasonably be considered to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with the Fellbase brand;

(d) if you are a person, firm or entity: (i) located in any country that is subject to a trade embargo, or has been designated as a terrorist supporting country, by the United States government; (ii) that is owned or controlled by, or affiliated with, the government of any such embargoed or terrorist supporting country; or (iii) listed on any list of prohibited and restricted parties, including any terrorist organisation, published by the European Union, the United Nations or the United States Government.

5.4. Security. You may not access the Fellbase Products, or any server, computer or database connected to the Fellbase Products, in any manner that:

(a) compromises, breaks or circumvents any of our technical processes or security measures associated with the Fellbase Products, including the creation or transmission of any virus, worms, trojan horse, cancel-bot or any other destructive or contaminating program; (b) poses a security vulnerability to customers or users of the Fellbase Products; (c) tests the vulnerability of our systems or networks; or (d) attempts unauthorised access or constitutes an attack such as a denial-of-service attack or a distributed denial-of service attack (including where such an attack is a criminal offence under the Computer Misuse Act 1990).

5.5. Consequences of your breach. If you breach any of these Terms, or we suspect you have breached any of the restrictions in Clause 5.3, then your right to use the Fellbase Products will cease immediately (and you will immediately cease such use) and if you have made or permitted anyone to make any copies of any Fellbase IP you must ensure that all those copies are, at our option, returned to us or destroyed.

5.6. No reliance. Whilst we make reasonable efforts to update the material and information displayed on the Fellbase Products, it is provided to you for general information only and is not intended to be advice or information on which you should rely. We may at any time alter such material and information without communicating the alteration to you.

5.7. Third party links. Where any of the Fellbase Products contains links to other websites or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of such other websites or resources or their contents. We have no control over the contents of those websites or resources, or how they handle any links we provide to them, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

6. Fellbase Accounts

6.1. Usernames and passwords. If you wish to register for a Fellbase account in order to log into any of the Fellbase Products, you will provide us with or be provided with a username, user identification code, password and/or other information forming part of our security procedures (your “Access Credentials”). You must treat your Access Credentials as confidential and keep them secure.

6.2. Our right to disable an account. We have the right to suspend or disable access to any Fellbase account if in our opinion you have failed to comply with any of the provisions of these Terms or we believe that your Access Credentials have not been kept confidential or secure or that they have otherwise been misused.

6.3. Minimum age requirement. In order to sign up for a Fellbase account, you must be at least 13 years of age, or any greater age as is required by applicable laws in your country. Creating an account with false information, or registering an account on behalf of someone who is underage, is a violation of our Terms. If you become aware that an underage child has created a Fellbase account, please email us at fellbaseapp@gmail.com.

7. Rules about linking to our Website

7.1. You may establish a link to any page of our Website from a website that is owned or operated or you, provided that:

(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;

(b) you do not suggest any form of association, approval or endorsement on our part where none exists;

(c) the website in which you are linking complies in all respects with the provisions of these Terms relating to your use of the Website, including not permitting circumvention of our processes; and

(d) our Website must not be framed on any other website.

7.2. We reserve the right to withdraw permission to link to our Website with immediate effect.

8. Responsibility for computer viruses and internet transmissions

8.1. We do not guarantee that the Fellbase Products will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Fellbase Products. You should use your own virus protection software.

8.2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using or via the Fellbase Products may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

9. Prices advertised on our Site

9.1 If we charge a fee for any of our products or services, the relevant price may from time to time be quoted on our Website. We take all reasonable care to ensure that such prices are correct at the time when the relevant information was entered onto the system, but they may vary for various reasons, including currency fluctuations. Please confirm the price of any product or service and be sure that you are happy with that before you order that product or service. We will not change any price which has been confirmed on a “purchase confirmation”.

9.2. If we discover an error in the price of any of our products or services that you have ordered, we will inform you of this error and we will give you the option of continuing with the purchase at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the product or service to you at the incorrect (lower) price.

10. Our liability to you and indemnity

10.1 The Fellbase Products are provided “as is” without warranty of any kind. Fellbase disclaims all warranties regarding the Fellbase Products to the fullest extent permitted by applicable law, whether express or implied, including any and all implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment, and non-infringement of third-party rights. In particular, Fellbase disclaims any warranty that use of the Fellbase Products will be uninterrupted or error free and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

Fellbase and its affiliates, officers, employees, agents, partners, licensors, and suppliers make no warranty that (a) the Fellbase Products will meet your requirements; (b) they will be timely and secure or (c) the results that may be obtained from the use of the Fellbase Products will be accurate or reliable.

Fellbase also disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any and all information or material, including Fellbase content. You understand and agree that when you download or otherwise obtain material or data the Fellbase Products, you do so at your own discretion and risk. Fellbase disclaims any responsibility for any harm to you that results from downloading or accessing any information or material through the Fellbase Products.

10.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these Terms shall limit our liability for death or personal injury arising from our negligence, or for fraud, or for anything else which cannot be limited or excluded by applicable law.

10.3. Subject to Clause 10.2:

(a) please note that we provide the Fellbase Products to you only for domestic and private use and not for any commercial or business purposes. Subject to Clause 10.2, we will therefore not have any liability to you for any loss of profits, loss of business or loss of business opportunity, or for any business interruption;

(b) where we supply to you coordinates for a location as part of the Fellbase Products, we shall not be liable to you for any inaccuracies in the coordinates supplied nor for any consequence, however arising, of the provision of inaccurate coordinates;

(c) we shall not be liable to you for any failure, however caused, in any of the Fellbase Products, or their functioning or their ability to identify a location, or for any consequence of such failure.

(d) in order to provide maps and routes, Fellbase uses a third party, OpenStreetMap as a free editable geographic dataset. You accept that OpenStreetMap is not a complete or accurate map of the world and that you should make your own judgement about whether to follow a particular route. Fellbase does not own or control the content including the source of the content from OpenStreetMap and as such you agree that Fellbase shall not be liable to you for any deficiencies, omissions, inaccuracies or errors in the content from OpenStreetMap that may result in death, loss or injury. Moreover, Fellbase disclaims any responsibility for any harm to you that results from downloading or accessing any information or material provided by OpenStreetMap.

(e) to the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Fellbase be liable to you or any third party for (i) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (ii) loss of profits, revenue, data, use, goodwill, or other intangible losses; (iii) damages relating to your access to, use of, or inability to access or use the Fellbase products; (iv) damages in any manner relating to any third-party content, including OpenStreetMap. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Fellbase has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Fellbase, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand pounds (£1,000).

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of your use of the Fellbase Products including but not limited to your participation in any walks or routes you choose to take which you have accessed via the Fellbase Products,

(f) to the extent permitted by applicable law, you acknowledge and agree that we offer the Fellbase Products in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us.

10.5 Indemnity. You agree to indemnify and hold Fellbase and its affiliates, officers, employees, agents, partners, licensors, and suppliers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out:

(a) your use of the Fellbase Products

(b) your connection to the Fellbase Products,

(d) your use or misuse of any personal information or

(e) any violation of the rights of any other person or entity by you.

Fellbase reserves the right, at your expense, to assume the exclusive defence and control of any matter for which such you are required to indemnify Fellbase, and you agree to cooperate with Fellbase’s defence of these claims.

11. Physical fitness

You warrant that by using the Fellbase Products, you have consulted a physician and are physically fit and well to follow any routes made available through the Fellbase Products.

12. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any event outside of our reasonable control, including accident to or breakdown of delivery vehicle, strikes, lock-outs, national or global pandemics or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13. Other important terms

13.1. Entire Agreement. These Terms constitute the entire agreement between us and supersede all previous agreements, promises, assurances and representations (whether written or oral) relating to its subject matter.

13.2. No assignment by you. You may only assign your rights or your transfer your obligations under these Terms to another person if we agree in writing. We may assign our rights or transfer our obligations under these Terms to another party, but this will not affect your rights or our obligations under these Terms.

13.3. Third Parties. These Terms are between you and us. No other person shall have any rights to enforce any part of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise and the consent of a third party is not required to cancel or make any changes to these Terms.

13.4. Severability. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.

13.5. No waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.6. Conflicting Languages. If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.

13.7. Governing law and jurisdiction. These Terms, and any disputes arising from, in connection with, or relating to the interpretation of these Terms (including non-contractual disputes), shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English court.