Terms of service

OVERVIEW

Welcome to Town Explorers. The terms “we”, “us” and “our” refer to Town Explorers.

These Terms of Service (“Terms”) explain the terms on which you may access our website, purchase and use Town Explorers trails and use our other products, content and services (together, the “Services”).

Please read these Terms carefully before purchasing or using a Town Explorers trail.

By purchasing or using our Services, you agree to these Terms and any policies referred to within them. Nothing in these Terms affects your statutory rights as a consumer.

SECTION 1 – ACCESS AND ACCOUNTS

You must be at least 18 years old to make a purchase from Town Explorers.

Children may participate in Town Explorers trails when appropriately supervised by a responsible adult.

Where an account is required, you are responsible for keeping your login details secure and for activity carried out through your account. You must provide accurate and current information when placing an order or creating an account.

You must not sell, transfer or provide your account or trail access to another person except as reasonably required for members of the group for whom the trail was purchased.

SECTION 2 – OUR PRODUCTS AND TRAILS

Town Explorers provides self-guided exploration experiences designed to be followed using a compatible smartphone.

We make reasonable efforts to ensure that product descriptions, trail information, directions, distances and other information are accurate when published. However, towns, cities and public spaces change and circumstances outside our control may affect a trail after it has been created.

Roadworks, closures, diversions, building work, events, weather, changes in access, alterations to roads and paths and other circumstances may temporarily or permanently affect a route.

We may update, improve or alter trails and their content where reasonably necessary, provided this does not materially reduce the product you purchased without appropriate remedy where required by law.

Images and other representations on our website are provided for illustrative purposes and may appear differently depending on your device and display settings.

SECTION 3 – SAFETY AND USER RESPONSIBILITIES

Town Explorers trails take place in real-world public spaces.

While using a trail, you are responsible for taking reasonable care of your own safety, appropriately supervising any children or other people in your care and looking after your personal belongings.

You must remain aware of your surroundings and follow applicable laws, traffic rules, pedestrian signals, signs, barriers, restrictions and instructions given by local authorities, emergency services, landowners or other responsible organisations. These always take priority over any route, direction or activity provided by Town Explorers.

Conditions can change without notice. Never follow a direction, cross a road, enter an area or attempt a challenge or activity if you believe it would be unsafe. Stop, wait, choose a safer alternative route or discontinue the trail where necessary.

Take particular care around roads, traffic, water, steps, drops, uneven surfaces, slippery surfaces and busy public areas.

When using your phone, stop somewhere safe where necessary before reading directions, viewing maps or completing activities. Do not allow your phone or headphones to distract you from traffic or other hazards.

You are responsible for deciding whether a trail is suitable for you and anyone in your care, taking into account factors including walking distance, terrain, mobility, weather and individual circumstances.

You are responsible for keeping phones, wallets, bags, bicycles and other personal belongings secure. Town Explorers does not take custody of participants’ belongings and is not responsible for loss, theft or damage caused by the actions of users, third parties or circumstances outside our reasonable control. This does not exclude responsibility where loss or damage is caused by our negligence or where liability cannot legally be excluded.

Further information is provided in our Safety & Responsibility Policy.

SECTION 4 – ORDERS, CANCELLATIONS AND REFUNDS

When you place an order, you are making an offer to purchase the selected product or service. Your order is accepted when we confirm the purchase.

Please check your order carefully before completing your purchase.

Your cancellation and refund rights are governed by applicable consumer law and our Refund Policy.

Where a product includes digital content or immediate digital access, any restriction or loss of a statutory cancellation right will apply only where the requirements of applicable consumer law have been met, including any requirement for your express consent or acknowledgement.

Nothing in these Terms or our Refund Policy limits any refund, repair, replacement, price reduction or other remedy to which you are legally entitled.

Products purchased from Town Explorers are intended for personal and household use and must not be purchased for commercial resale without our permission.

SECTION 5 – PRICES AND PAYMENT

The price payable is the price shown when you place your order.

Prices, promotions and discounts may change from time to time, but changes will not affect orders that have already been accepted unless required by law or agreed with you.

You agree to provide accurate payment and contact information when making a purchase and confirm that you are authorised to use the payment method provided.

If an obvious pricing or listing error occurs, we may contact you before accepting or fulfilling the order to correct the error or offer you the opportunity to cancel.

SECTION 6 – DEVICE, INTERNET AND MOBILE REQUIREMENTS

Town Explorers trails are designed to be accessed using a compatible smartphone.

You are responsible for ensuring that your device has sufficient battery, suitable internet or mobile data access where required and is capable of accessing the trail.

Mobile phone and internet coverage is provided by third parties and can vary by location, network, device and local conditions. We do not control mobile network availability.

Poor or unavailable mobile coverage may affect your experience and does not, by itself, mean that Town Explorers is responsible for a network provider’s failure.

However, nothing in this section affects your statutory rights where a Town Explorers product or service itself does not conform to the contract.

We recommend checking your battery level, mobile data availability and any relevant network coverage before starting a trail.

SECTION 7 – INTELLECTUAL PROPERTY AND PERMITTED USE

Town Explorers trails and Services contain material owned by or licensed to Town Explorers, including text, trail routes and presentation, games, questions, challenges, photographs, illustrations, graphics, audio, video, branding, software and other content.

This material is protected by applicable copyright, trade mark and other intellectual property laws.

When you purchase a trail, you are granted a limited right to use it for your own personal, non-commercial use and for the group for whom the product was reasonably purchased.

You must not, without our prior permission:

  • copy or reproduce substantial parts of a trail;

  • publish or distribute trail content;

  • resell trail access;

  • share access details publicly or with people outside the intended purchasing group;

  • reproduce our games, audio, scripts, route instructions or other original content for commercial purposes;

  • modify our content and present it as your own; or

  • use Town Explorers branding in a way that suggests an association, endorsement or partnership that does not exist.

Nothing in these Terms transfers ownership of Town Explorers intellectual property to you.

SECTION 8 – THIRD-PARTY LOCATIONS, SERVICES AND LINKS

Town Explorers trails may refer to or pass shops, cafés, pubs, attractions, historic buildings, parks, transport services, public facilities and other places operated by third parties.

We do not control these organisations and cannot guarantee their opening hours, availability, prices, accessibility or services.

A reference to a third-party business or location does not necessarily constitute an endorsement.

If you choose to enter, purchase from or use a third-party business or service, your relationship with that provider is separate from your relationship with Town Explorers and may be subject to that provider’s own terms and policies.

Our website or trails may also contain links to third-party websites and services, including mapping services. We are not responsible for third-party content or services outside our reasonable control.

SECTION 9 – PRIVACY

Our collection and use of personal information is explained in our Privacy Policy.

Our online store is hosted using Shopify. Shopify and other service providers may process certain information in order to provide functions including website hosting, checkout, payment processing and other services.

Please refer to our Privacy Policy for further information about how personal information is collected, used and shared.

SECTION 10 – REVIEWS, FEEDBACK AND USER CONTENT

If you voluntarily submit a review, photograph, comment, suggestion or other content to Town Explorers, you confirm that you have the right to provide that content and that it is not unlawful, misleading, defamatory or infringing of another person’s rights.

Where you submit content for publication, you grant Town Explorers a non-exclusive, worldwide, royalty-free licence to reproduce, publish and display that content in connection with operating and promoting Town Explorers.

We may moderate or remove content where reasonably necessary, including content that is unlawful, fraudulent, abusive, misleading or infringes the rights of others.

Reviews should reflect genuine experiences and must not deliberately mislead other customers.

SECTION 11 – INFORMATION, ERRORS AND CHANGES

We take reasonable care when preparing information on our website and within our trails.

Occasionally, information may contain an error or become outdated because circumstances have changed.

We may correct errors and update information when we become aware of them.

If an error materially affects a product you have purchased, we will deal with the matter in accordance with your applicable consumer rights.

If you discover a route closure, incorrect direction or other problem with a Town Explorers trail, we encourage you to contact us so that we can investigate and make any appropriate update.

SECTION 12 – PROHIBITED USES

You must not use our website, trails or Services:

  • for an unlawful or fraudulent purpose;

  • to infringe our intellectual property rights or those of another person;

  • to interfere with or disrupt the operation or security of our website;

  • to introduce viruses, malicious code or other harmful technology;

  • to scrape, copy or systematically extract our content for unauthorised purposes;

  • to attempt to gain unauthorised access to accounts, systems or restricted content;

  • to resell or commercially exploit our Services without permission;

  • to harass, threaten or unlawfully harm another person; or

  • in any other manner that would breach applicable law.

We may restrict access to our Services where we reasonably believe these Terms have been materially breached.

SECTION 13 – AVAILABILITY AND SUSPENSION OF SERVICES

We aim to keep our website and digital trail content available but cannot guarantee uninterrupted availability.

Temporary interruptions may occur because of maintenance, technical problems, internet or hosting failures or circumstances outside our reasonable control.

Where reasonably possible, we will seek to restore affected Services.

We may suspend or terminate access where necessary for security, maintenance, legal compliance or because of a material breach of these Terms.

Nothing in this section removes any statutory remedy you may have if we fail to provide a purchased product or service as required by law.

SECTION 14 – YOUR CONSUMER RIGHTS

Nothing in these Terms is intended to exclude or restrict rights that you have under applicable consumer law.

Where applicable, Town Explorers products, digital content and services must meet the standards required by law, including requirements relating to description, quality and reasonable care and skill.

If there is a problem with something you have purchased, please contact us so that we can investigate and provide any remedy required by law.

SECTION 15 – LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability for:

  • death or personal injury caused by our negligence;

  • fraud or fraudulent misrepresentation;

  • breach of your statutory consumer rights; or

  • any other liability that cannot lawfully be excluded or limited.

Subject to the above, Town Explorers is not responsible for losses that were not reasonably foreseeable when the contract was entered into.

Where you purchase as a consumer, we are not responsible for business losses, including loss of profit, revenue, business opportunity or business interruption.

We are not responsible for loss or harm caused solely by circumstances outside our reasonable control, by the actions of independent third parties or by a participant’s failure to take reasonable care or follow applicable laws, signs, restrictions or the safety guidance provided by Town Explorers.

Nothing in this section removes responsibility where loss or damage was caused by our breach of contract, negligence or another matter for which the law makes us responsible.

SECTION 16 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as removed or limited to the minimum extent necessary.

The remaining provisions will continue to apply.

SECTION 17 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.

These Terms, together with any policies expressly incorporated into them and information forming part of your contract when you purchase, constitute the agreement between you and Town Explorers in relation to the relevant Services.

Nothing in this section excludes any statement or information that consumer law treats as forming part of the contract.

SECTION 18 – TRANSFER OF RIGHTS

You may not transfer your contractual rights to another person where doing so would involve reselling or commercially distributing Town Explorers access without our permission.

We may transfer our rights and obligations under these Terms to another organisation where legally permitted, provided that doing so does not reduce your rights under the contract.

SECTION 19 – GOVERNING LAW

These Terms are governed by the laws of England and Wales.

If you are a consumer living in another part of the United Kingdom or another country, you retain any mandatory consumer protections that apply to you under the law of your place of residence.

Nothing in these Terms prevents you from bringing proceedings in a court that has jurisdiction under applicable consumer law.

SECTION 20 – CHANGES TO THESE TERMS

We may update these Terms from time to time, for example to reflect changes to our Services, business practices or applicable law.

The latest version will be published on our website.

Changes will not retrospectively remove rights that you already have in relation to a completed purchase.

Where a material change affects an ongoing service or existing customer relationship, we will provide any notice required by law.

SECTION 21 – CONTACT INFORMATION

If you have questions about these Terms or a Town Explorers purchase, please contact us at: info@townexplorers.co.uk