1. Introduction

This app (the App) and our offline products are owned and operated by Amble London Ltd, a company registered in England and Wales with company number 10576000 and registered office at 23 Chiltern Drive, Surbiton, Surrey, United Kingdom KT5 8LP (we, us). By downloading, accessing and using the App you agree to be bound by these terms of use (the Terms). 

These Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms, do not download, access or use the App.

When ordering our offline products please read these terms carefully before you submit your order to us. These terms say how we will provide Products to you, how you and we may change or end the contract, and what to do if there is a problem. 

If you have any questions, you can contact us by email at hello@trambleapp.com. If we reasonably believe that the amendment is significant, we shall notify all registered users by email.  Otherwise, the amended Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any amendments.

 

The App

 

The App contains content, images and information to guide you through walks in various cities across the UK and Ireland (App Content).  

 

2. Registration

You warrant that all information that you provide to us on sign up is accurate and complete and you shall make any necessary changes to that information within your account.  

You are responsible for maintaining the confidentiality of your account.  Please take precautions to protect your account details and contact us immediately or request a change to your password if you believe there has been any unauthorized use of your account.   

 

3. Use of the App

The App is made available for your own, personal use.  You must not use the App for commercial, business or re-sale purposes.  For example, this means that you cannot use the Content to provide walking tours to third parties in return for a fee.

When you use the App you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; and/or (b) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the App save to the extent expressly permitted by law not capable of lawful exclusion.

The copyright in the Content is owned by us or our licensors (Content). All rights are reserved. You can view and download the Content for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Content without our permission.  

 

4. Fee

You can download the Content immediately on payment of the fee.  Therefore, you agree that you waive your consumer right to cancel Content once you have paid for it. 

We shall be entitled to increase the fees at any time. The revised fees will be noted on the App.

 

5.  Links to third party content

The App may contain links to websites or apps operated by third parties.  We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

 

6. Warranty and disclaimer 

We warrant that the Content and the App are of satisfactory quality, fit for purpose and as described. Otherwise, the App and the Content is provided on an “as is” basis. 

The Content is suitable for walking tours only.  You should not use the Content as a guide for car, bike or other mode of transport tours.  

You acknowledge that the App has not been developed to your specific needs.  For example, each walking tour should last about 1 hour based on an average walking speed, not necessarily on the speed that you walk.  You should be careful while following the walking tour and checking the Content on your device at the same time.  Please always follow the Highway Code.

We shall have no liability for any Content provided to us by a third party. This means that if, for example, there are errors in the Google map content available on the App, we shall have no liability to you.

 

7. Limit on Liability – Your attention is particularly drawn to this clause

If there is a problem with the App that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device provided that you submit acceptable evidence of the damage and/or financial loss caused by the App. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the App.

If the Content does not comply with these Terms, we shall either refund you the cost of the Content, offer you alternative Content on the App for free or repair the Content at our discretion.  

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Terms and/or our negligence up to the amount paid by you for the Content that is the subject of the claim.

Nothing in these Terms shall limit or exclude our liability for (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.

 

8. Availability

We will use reasonable endeavours to make the App available to you at all times.  However, there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  

We reserve the right to remove any Content from the App for any reason without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances. 

 

9. Termination

We may suspend, disable, or delete your account if you have breached any provision of these Terms or if we determine that your conduct could damage our reputation.

If we delete your account, you may not re-register under a different name and you acknowledge that your content may be deleted. 

You may terminate your account by following the instructions on the App and/or deleting the App. 

 

10. General

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

You consent to receive all communications including notices, agreements, disclosures, or other information electronically. We may provide all such communications by email or by posting them on the App.

If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link http://ec.europa.eu/odr

These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts. 

 

11. Additional Terms for Users who download the App and any additional content from the Apple iTunes App Store

We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.

The licence granted to you for the App is limited to a non transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.

We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

 

Offline Products

 

Our self guided walks, themed walks and associated goods that we offer for sale are hereby referred to as the “Offline Products”

These are the terms and conditions on which we supply offline products to you, whether these are goods or digital content. Please read these terms carefully before you submit your order to us as these terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract and what to do if there is a problem.

 

12. Our Contract

When we email you to confirm your order a contract will be created between you and us. This document sets out the terms of that contract. Additionally, you agree to and abide by our Privacy Policy by purchasing Offline Products or using the Offline Products we provide to you. 

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Offline Product. This might be for a multitude of reasons including because we are unable to meet a delivery deadline you have specified.

When we email you to confirm your order will assign you an order number. It will help us if you can tell us the order number whenever you contact us about your order.

If you wish to make a change to your order please contact us. We will let you know if the change is possible. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

 

13. Use of the Offline Product

The images of the Offline Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. 

Use of the Offline Product will be at your own risk. You must accept full liability and are solely responsible for the safety of yourselves and your party on the Offline Product. We cannot be held responsible for the loss or damage to property, or accident or injury to life or limb incurred whilst on this walk.

 

14. Providing the Offline Products

During the order process we will let you know when we will provide the Offline Products to you.

The costs of delivery will be as displayed to you on our website. We will deliver them to you via first class post as soon as reasonably possible. We aim to dispatch offline products on the same day orders are placed and in any event within 14 days after the day on which we accept your order. 

We will make the digital content (Print at Home Offline Products) available for download by you within 24 hours of you making your order. 

If our supply of the Offline Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Offline Products you have paid for but not received. 

An Offline Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us. An Offline Product which is a digital download will be your responsibility from the time we send your the PDF document. You own the Offline Products once you receive them.

We are the owner or the licensee of all intellectual property rights in our Offline Products and digital content, which are protected by copyright laws and treaties around the world. All such rights are reserved. In purchasing a Product or digital content you are hereby granted a limited licence to use those materials for personal use. You must not: sub-license, assign or otherwise transfer the rights granted by clause; make copies or disseminate any Offline Products or digital content you purchase; modify the paper or digital copies of any materials you have in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

If you are found to be in breach of this clause, we reserve all rights to take further action as appropriate.

 

15. Your Rights to End the Contract

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

If what you have bought is misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back); If you have just changed your mind about the Product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products.

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For Offline Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are in line with the Consumer Contracts Regulations 2013. 

You do not have a right to change your mind in respect of digital Products after you have started to download or have access to these.

Ending the contract where we are not at fault and there is no right to change your mind. If we are not at fault and you do not have a right to change your mind, you can only end the contract before it is completed. A contract for Products whether goods or digital content is completed when the Product is delivered, downloaded and paid for. If you want to end the contract in these circumstances, just contact us to let us know. 

We will pay the costs of return if we agree that the Offline Products are faulty or misdescribed; or, you are ending the contract because we have told you of an upcoming change to the Offline Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Offline Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Offline Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: if the Offline Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Offline Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Offline Product back to us. 

Please contact us at hello@trambleapp.com with as much information as possible about your purchase and we will help you as best we can.

 

 

16.  Our responsibility for loss or damage suffered by you by our offline products

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights; and for defective Products under the Consumer Protection Act 1987.

If digital content is defective. We are not liable for any losses or damage caused by a virus/trojan/worm or any other attack. Access to all digital material including, but not limited to, websites and digital content is at your own risk.

We are not liable for business losses. We only supply the Offline Products for domestic and private use. If you use the Offline Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and we reserve the right to take action against you for business use of the Offline Products without our prior written permission. 

 

17. Other Important Terms

We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for Offline Products not provided.

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force. 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.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Offline Products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. The validity, construction and performance of this Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties submit.

Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

Last updated: January 2018