TERMS OF USE

Please read these Terms of Use carefully as they are the terms governing your use of the NPT Explorer App (collectively the “App"). 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. By using the App you confirm that you have read, understood and accepted these Terms of Use and our Privacy Policy.

For the purposes of these Terms of Use:

USING THE APP

We hope you enjoy using our App; great care has been taken in putting together the App, content and walking routes. However, it is possible that the app, content or walking routes may contain errors, be incomplete or out of date.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.

Neath Port Talbot County Borough Council is committed to providing a high standard of quality in the information it provides on this App and every effort has been made to ensure that this information is accurate and up to date.

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 phone’s 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 relies 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 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.

Acceptable Use

You must not use the App to do any of the following things:

USER ACCOUNTS

When you create an account with Us, you must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Our App.

You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password, whether your password is with Our App or a Third-Party Social Media Service.

You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

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 below.

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. 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 LIABILITY

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 at your own risk. The App is 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 in terms of its correctness, accuracy, reliability, or otherwise. We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, or that defects will be corrected. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from use or loss of use of, data, or profits, arising out of or in connection with the use of the App.

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. The App is not a replacement for any other guidance, codes or warnings that apply to the route.

You should use the App 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 might suggest that the route is otherwise clear.

Any timings shown in the App 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:

EXTERNAL SERVICES/LINKS

The App may enable you to access services and websites that we do not own or operate. The App makes every effort to ensure that the hypertext links from to other Websites operated by other entities are relevant and provide useful information. If you access into any of these linked Websites you will leave the App and you do so at your own risk: it is for you to take any necessary measures to guard against viruses and/or other destructive/corruptive bodies.

We have no control over, and assume no responsibility for, the privacy policies or practices of any third-party web sites or 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.

We are not responsible for any of the contents of these linked Websites or the reliability of any information provided within them and we accept no liability whatsoever (whether legal or otherwise) for any losses or damages including, without limitation, indirect or consequential losses or damages, arising out of or in connection with the use of any of these linked Websites. The inclusion of hyperlinks to other Websites should not be taken, in any way, to be an endorsement of any kind of these Websites by ourselves.

From time to time, we may change or remove the external services that are made available through the App.

GENERAL

The access and use of the NPT Explorer App featuring these Terms of Use constitutes your (The User’s) acceptance of these Terms, which take effect from the date on which you first use this App. We reserve the right to revise these Terms at any time without notice. If a revision takes place, the revised Terms of Use will be displayed on these pages and the continued use of the App after such a revision has been made shall constitute your acceptance of the revised Terms.

In line with Welsh Language Standards which came into effect 1 April 2016, all content for which we are directly responsible is published bilingually. It is the responsibility of the external sites to which we link to conform with their own Welsh Language Scheme, if such a scheme exists, or with the Welsh Language Standards.

COPYRIGHT

The materials featured on this App, including without limitation any text, logo, icons, photographs and other artwork is copyright protected material of Neath Port Talbot County Borough Council unless otherwise indicated.

Any permission to use copyright materials on this App does not extend to any materials which are identified as being the copyright of any third parties: authorisation to use materials which are the copyright of third parties must be obtained from those third parties themselves.

Requests to use any copyright material of [name of institution/organisation/authority] should be addressed to the Chief Executive’s Directorate, Civic Centre, Port Talbot SA13 1PJ

LEGAL

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.