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End User Licence Agreement (EULA) for the GetOutside Mobile App

1. What is GetOutside?

The ‘GetOutside’ initiative was founded by Ordnance Survey, Great Britain’s national mapping agency, to help more people to get outside more often. We firmly believe that an active outdoor lifestyle helps you live longer, stay younger and enjoy life more.

The GetOutside mobile application (referred to simply as the Licensed App) is designed to help you discover the best that Britain has to offer, to give you inspiration for a wide range of activities available nearby and provide enough information for those activities to be enjoyable, accessible and safe.

The Licensed App is one of a number of different consumer apps (web and mobile), websites, social media sites and an online retail shop operated by Ordnance Survey. We refer to these collectively as the OS Sites and/or Services.

‘GetOutside’ is for everyone, just as the outdoors is for everyone.

2. Introduction to these Terms and Conditions

The terms and conditions set out below (also known as the End User Licence Agreement or EULA for short), govern all use of the Licensed App.

We would also refer you to our Privacy Policy, Cookie Policy and Accessibility Statement. These are all summarised in paragraph 5 below).

We are legally obliged to pass on, or bring to your attention in this EULA, certain third party terms which may apply to you when you use the Licensed App. These are also summarised in paragraph 5 below.

We would ask that you read this EULA (and the other documents we have referred to) very carefully. Please do not use this Licensed App if you do not accept the terms and conditions set out in these documents.

The terms and conditions are subject to the rights and remedies you have under UK and other applicable laws which cannot be lawfully excluded, restricted or modified (we refer to these as Non-Excludable Rights).

Nothing in this EULA excludes, restricts or modifies your Non-Excludable Rights.

Please see paragraph 15 of this EULA which provides a summary of your key legal rights and Non-Excludable Rights in relation to the Licensed App.

3. Will the terms and conditions of this EULA change at any time?

We may update this EULA from time to time, as we add functionality to the Licensed App or for other reasons. We recommend checking this page regularly to stay up to date. Your continued use of the Licensed App constitutes your agreement to the then-current amended and updated EULA.

4. Who are we?

This Licensed App, its content, and any related website pages are operated and managed by Ordnance Survey Leisure Limited, which is a subsidiary company of Ordnance Survey Limited, Great Britain’s national mapping agency.

Ordnance Survey Leisure Limited is a company registered in England and Wales (registration number 06894550, and VAT number GB 973 4648 80) whose registered address is at Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS.

Ordnance Survey Limited is a company registered in England and Wales (registration number 09121572, and VAT number GB 204 5274 37) whose registered address is also at Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS.

Both Ordnance Survey Leisure Limited and Ordnance Survey Limited are referred to in this EULA as OS, we, us and/or our.

If you have any questions about the Licensed App, or you wish to get in touch with us directly with any queries, or complaints or compliments, please contact our Customer Services Team using the details on our Contact Us webpage.

5. Privacy Policy, Cookies Notice, Accessibility Statement and Third Party Terms

In the introduction at paragraph 2 above, we referred to our Privacy Policy and Cookies Notice which apply to your use of the Licensed App, together with our Accessibility Statement, and third party terms. Here is a summary of these documents/terms:

a. Our Privacy Policy

This Policy sets how we collect, process, use and look after any personal data that we collect from you, or that you provide to us, together with the choices you have about the information we may ask of you, when you use our OS Sites and/or Services.

b. Cookies Notice

This Notice provides information about how we use ‘cookies’ in our OS Sites and/or Services and how you can control and delete them.

'Cookies' are small text files that websites put on your computer to make visits quicker, easier and more relevant.

In addition to cookies OS uses analytics and tracking software tools in its OS Sites and Services. Analytics and tracking software allows application providers to gain insights on how their users engage with the mobile / web app – for example, how they navigate through the app and what functionality and content is used. This enables app providers to make better decisions about services, improving performance and appropriate marketing. The tracking technology we use is Google Firebase, Adjust and MapBox Telemetry.

With the exception of cookies and analytics software which are strictly necessary for us to be able to deliver the Licensed App, tracking identifiers will only be placed onto your device if we obtain your consent, and data captured from such technology will only be processed in accordance with our our Privacy Policy.

c. Accessibility Statement

Our Accessibility Statement provides information about browser support, screen resolution, document types, access keys, text sizing, images, forms and frames, scripting and links.

d. App Store Terms

The Licensed App is distributed through the Apple App store (iOS) and the Google Play (Android) mobile app distribution platforms. Where you download the Licensed App via these platforms, you are also subject to their terms, and the terms set out in Schedule A of this EULA which we are legally obliged by Apple and Google to include.

e. Third Party Terms

Certain mapping functionality within the Licensed App is made possible as a result of licensing arrangements we have with third parties and/or is licensed directly to you by third parties. We are legally obliged to by those third parties to include certain terms in this EULA. These are set out in Schedule A of this EULA.

6. Access to the Licensed App and its content

The Licensed App is made available to download from both the ‘App Store’ (for iOS devices) and the ‘Google Play Store’ (for android devices).

The Licensed App and its content and functionality is made available to users free of charge.

7. Registrations and Passwords

If You have registered with and/or subscribed to one of our other OS Sites or Services you may have an ‘OS Account’ which is accessible in the Settings section of the Licensed App.

If this is the case, the user interface of the Licensed App will allow you to change certain personal details such as your email and password.

Any username, password or other piece of security information registered or provided as part of a registration and/or subscription process to our OS Sites and Services must be treated as confidential and must not be disclosed to anyone.

If you know or suspect that anyone other than you knows your username, password or other piece of security information then you should change your password immediately, and prompty notify us via our Contact Us webpage.

In the event that you forget or need to change your username, email address, password or other security login information please follow the relevant link provided in the Licensed App.

8. Interaction with our OS Maps app

The Licensed App provides you with access to walking and other routes displayed over OS mapping. It is possible to access more detailed mapping and functionality associated with these routes by viewing them in our OS Maps app from where the routes originate. The user interface of the Licensed App provides easy access into OS Maps.

If you are an existing registered user / subscriber to OS Maps, the user interface of the Licensed App will provide you with easy access directly to the route in OS Maps.

If you are not an existing user of OS Maps you will be directed to the applicable app store to enable download of the OS Maps app should you so wish.

Please note that access to all the features and functionality of OS Maps requires a paid for subscription.

9. Permitted Use of the Licensed App

We grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide licence to access and use the Licensed App and its content solely for your own personal, non-commercial use, in compliance with the terms of this EULA.

Restrictions and Limitations on your use of the Licensed App

No commercial use is permitted under this EULA. If you would like to use any part of the content in the Licensed App for commercial purposes you will need to contact OS. This may be possible in some limited circumstances under an appropriate licence or other express written permission from us. Without obtaining such permission, any commercial use will amount to a breach of this EULA and an infringement of copyright and/or other intellectual property rights.

You must NOT:

  • make multiple copies or scans, or distribute the content of the Licensed App for use by others.
  • extract and use any photographs, video or audio material or graphics separately from the accompanying text;
  • modify, publish, sell, hire, lend, or sub-license any content for use by others;
  • decipher, decompile, disassemble or reverse engineer any part of the Licensed App, except as permitted by law;
  • bypass the built-in print function to increase the printable area of the content; or
  • alter or remove any trade marks or the copyright or personal use notices appearing in/on the Licensed App or print-outs.

We may immediately suspend or terminate your access to and use of the Licensed App if we believe that your use of it exceeds what would be considered reasonable and fair for personal use and instead suggests that you may be sharing or using the Licensed App for commercial purposes in breach of this EULA.

Procedure for sharing content from the Licensed App

The Licensed App includes a built-in sharing function which allows you to email a link, or upload a link to the internet (including to your social media sites), which then allows direct access to the Licensed App to others. You must not email, upload to the internet, or otherwise communicate any Licensed App content, for access or use by others, except by using this built in sharing functionality.

We reserve the right to immediately withdraw your linking permission on your account if you do not comply with this paragraph 9(b). Where we exercise this right, we will email you to inform you of our action and the reason why.

10. User Generated Content 

Our OS Sites and Services allow you to upload and share content (including photographs). Such content is referred to as User Generated Content.

Please note that any User Generated Content which you upload to the Licensed App will be publically accessible by all users of the Licensed App. So please do not upload any photographs or other content that can be regarded as private and / or confidential and which you or others would not wish to be shared publically.

Please ensure that you either own or have appropriate permission to upload any User Generated Content before doing so.

The restrictions set out in paragraph 9(a) above do not apply to you in respect of your own User Generated Content.

If you create or contribute User Generated Content, you must NOT include any of the following (Restricted Content):

  • material which is illegal or promotes illegality;
  • misleading information;
  • material which is likely to cause harm to others;
  • material which is threatening, abusive, offensive or indecent;
  • defamatory material;
  • material which infringes copyright or any other intellectual property rights of a third party;
  • advertisements;
  • personal information about you or a third party without appropriate consent; or;
  • material which contains a virus or other harmful component.

We do not claim any ownership of any intellectual property rights which arise/subsist in your User Generated Content. However you grant us a royalty-free, worldwide, non exclusive, perpetual licence to display your User Generated Content in the Licensed App and to use, store, reproduce, make derivative works of, and make your User Generated Content available to third parties, for any other purpose. (You agree to waive any moral rights subsisting in your User Generated Content).

Where the User Generated Content is a photograph, we will automatically collect the location and direction information from the photo’s metadata, to determine where it was taken and which way the camera was pointing, unless you have indicated to us (via the pop-up message appearing upon first opening the app or the privacy settings on your device) that you do not wish us to do so.

You will be responsible to us for any losses, expenses or other costs incurred by us which are caused by you deliberately contributing any Restricted Content to the Licensed App.

Where permissible by law, we may disclose your identity and any other necessary information to any third party who claims that any User Generated Content submitted by you constitutes a violation of their intellectual property or other legal rights.

11. Takedown Procedure

OS is not responsible for any User Generated Content available on the Licensed App.

OS may, at any time, remove any unacceptable User Generated Content from the Licensed App, either in whole or in part (a Takedown). This will include (but without limitation) where we are notified or otherwise become aware or believe that any User Generated Content:

  • includes any Restricted Content as set out in paragraph 10 above;
  • breaches any applicable law, regulation, code of practice or is subject to an injunction or other action by a third party;
  • is not in keeping with the purpose, themes or integrity of the Licensed App;
  • is impacting the technical performance of the Licensed App;
  • is generating complaints from other users or any third parties; or
  • should not be made available for other reasons.

Where we conduct a Takedown, we will email the user who created the User Generated Content to inform them of our action and the reason why.

12. Intellectual Property in the Licensed App

The copyright and all other intellectual property rights subsisting in the Licensed App and the material included within and published on the Licensed App, (including any mapping data but excluding your User Generated Content which is owned by you) are owned by OS and/or our licensors (including the Crown and other users of the Licensed App).

All of the brand, product and/or service names used in the Licensed App are trade marks of OS or their respective third party holders and/or are protected by other intellectual property rights. Please see a non-exhaustive list of OS’s trade marks here. No such trade marks, brand, product or service names may be used without our express permission in writing.

13. Accuracy, availability and limitations of the digital content and functionality

The disclaimers and limitations of liability in this paragraph 13 do not apply to your Non-Excludable Rights, including those set out in paragraph 15 below.

The Licensed App delivers digital content which is created / owned by OS; content which has been created by, supplied and licensed to us by third party providers; and User Generated Content.

We have taken reasonable steps to ensure that the mapping, walking and cycling routes and other digital content created by us and used in the Licensed App is as accurate and as up to date as possible. However, it is possible that the content may contain errors, be incomplete or out of date. Please see paragraph 15 below which sets out the extent of our liability in respect to this digital content.

We do not check the accuracy, feasibility or safety of any User Generated Content (whether originating in this Licensed App or our other Os sites and Services) or any content supplied by third parties. The views expressed in any User Generated Content or any routes supplied by third parties are those of individual contributors and not necessarily those of OS. It is possible that the information found in User Generated Content and routes supplied by third parties contains errors, or is incomplete, or out of date. Please see paragraph 15 which sets out the extent of our liability in respect of this digital content.

The Licensed App has not been developed to meet your individual requirements. Please check that the facilities and functions of the Licensed App (as described on the App stores and in our documentation) meet your requirements.

The content delivered on the Licensed App is used at your own risk. It is not intended to amount to instructions or formal advice on outdoor activity participation, difficulty levels, risk assessment or health and safety, on which you should rely. You should always exercise your independent judgment when using content from the Licensed App.

Any times shown for walking, running or cycling routes will be rough estimates. These estimates assume that you are reasonably fit and travelling on typical terrain in normal conditions. Please make sure that you estimate your own route time making allowances for your own circumstances.

For safe outdoor activity and navigation, you should make your own risk assessment taking into consideration your personal experience, knowledge and capability; and the physical environment. We recommend that you allow a reasonable margin for error. You should take particular care in poor visibility and other poor weather conditions. The content in the Licensed App is not intended to replace the information presented in your physical environment such as local hazard signage or the Highway Code and the Licensed App should not be relied on when this is in conflict.

We cannot guarantee the ongoing supply of any content sourced from third parties, including certain points of interest and leisure route information, and we may alter the third party content we provide via the Licensed App at any time.

14. Availability of the Licensed App

The disclaimers and limitations of liability in this paragraph 14 do not apply to your Non-Excludable Rights, including those set out in paragraph 15 below.

We cannot guarantee that the Licensed App will always be available or uninterrupted.

We will always try to notify users of downtime in advance. However, we may have to suspend, withdraw, discontinue or change all or any part of the Licensed App without notice where it is necessary to do so on an urgent basis, for example to comply with a legal requirement, or to conduct emergency maintenance to protect the security and integrity of the Licensed App.

In addition to the above, as we are constantly enhancing the Licensed App we reserve the right to suspend access in order to make technical adjustments, fix errors, improve features or make minor changes from time to time.

Some functionality of the Licensed App requires WiFi, internet, Bluetooth and/or GPS coverage. Where the Licensed App or any of its features are unavailable due to issues with these networks, we are not liable for this loss of functionality. We recommend that you download the mapping and routes to use offline to overcome any problems with them being unavailable due to network issues.

We also recommend that you back up any content and data used in connection with the Licensed App, to protect yourself in case of problems with the Licensed App.

We do not guarantee that the Licensed App is available or accessible on all devices, wifi, internet, Bluetooth, mobile or other connections. You are responsible for ensuring that your device meets the minimum operating requirements.

We cannot guarantee that the Licensed App, or the servers that makes it available are free from viruses or bugs. It is your responsibility to implement any procedures and virus checks to satisfy your own requirements.

15. Responsibility for loss or damage suffered

The exclusions and limitations of liability in this paragraph 15 do not apply to your Non-Excludable Rights, including those set out below.

a. Non Excludable Rights:

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 fraud, fraudulent misrepresentation, death or personal injury caused by our negligence.

b. What to do if you experience a problem with the Licensed App

If you experience a problem with the Licensed App, or its digital content, please contact us via our Customer Services team here.

c. Exclusions and limitation of liability

Except in relation to your Non-Excludable Rights, the Licensed App is provided to you "as is" and OS makes no representations, warranties or guarantees (express or implied) regarding availability, accuracy, completeness or currency of the Licensed App and its contents nor its suitability for any particular purpose.

If defective digital content that we have supplied in connection with the Licensed App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we may limit our liability to either repairing the damage or paying you compensation (subject to a cap of £75). However, we will not be liable for damage that you could have avoided by following our advice to apply an update to the Licensed App offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us.

The Licensed App is being provided to you free of charge and for personal and non-commercial use. Our liability under or in connection with this EULA and the provision and receipt of the Licensed App is therefore excluded to the maximum extent permitted by law; with the exception of liability arising from your Non Excludable Rights or liability for damage to your device or digital content as referred to above.

Any third party websites we link to are outside of our control and we accept no responsibility for their content or for the products or services they provide. Links or access to third party websites are for information purposes only and the appearance of those links should not indicate any endorsement by OS of the third party products or services.

d. Your responsibility

You will be responsible to us for any losses, expenses or other costs incurred by us which are caused by:

  • your breach of this EULA or the third party additional terms set out in Schedule A;
  • any unlawful, negligent (act or failure to act), or wilful misconduct by you in connection with your use of the Licensed App or any of the third party data contained on the Licensed App; and
  • your misuse of our intellectual property rights or any third party intellectual property rights (e.g. the third party data contained in the Licensed App).

16. Bringing our contractual relationship with each other to an end - Termination / Suspension / Cancellation

a. Our right to terminate this EULA:

OS shall monitor your use of the Licensed App. In addition to our other termination rights set out in this EULA, we reserve the right to block, suspend or terminate your use of the Licensed App, on written notice to you, at any time if we reasonably suspect that you have failed to comply with any of the relevant terms and conditions set out in this EULA.

b. Your right to cancel:

You may immediately terminate this EULA at any time without notice to us by ceasing to use the Licensed App.

17. Contracts (Rights of Third Parties) Act 1999

With the exception of the parties listed below, a person who is not a party to this EULA has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this EULA:

Mapbox Inc., a Delaware corporation whose address is at 1714 14th Street, NW, Rear Entrance, Washington, DC 20009 (Mapbox); and Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California, 95014, USA (Apple) shall be entitled to enforce this EULA under the Contracts (Rights of Third Parties) Act 1999.

18. General

You shall comply with all applicable foreign and local laws and regulations which apply to your use of the Licensed App in whatever country you are physically located, including without limitation, consumer law and export control laws and regulations.

We will not be responsible for any breach of this EULA caused by circumstances beyond our reasonable control.

You may not assign, sub-license, share or otherwise transfer any of your rights under this EULA.

If any provision of this EULA is found to be invalid or unenforceable by any court or other authority having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this EULA, which shall remain in full force and effect and will not in any way be impaired. If any provision of this EULA is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, or the period of the obligation reduced in time, or the range of activities or area covered reduced in scope, the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.

We expressly disclaim all warranties, conditions, statutory rights and implied terms that we are able to exclude under applicable law. Certain jurisdictions do not allow for the exclusion of certain warranties. To the extent such exclusions are specifically prohibited by applicable law, some exclusions may not apply to you.

The waiver on a particular occasion by either party of rights under this EULA does not imply that other rights will be waived.

No delay in exercising any right under this EULA shall constitute a waiver of such right.

This EULA forms the entire agreement between you and us and supersedes any other communications or advertising with respect to GetOutside.

This EULA will be governed by English law and both OS and you submit to the exclusive jurisdiction of the English courts.

 

SCHEDULE A: THIRD PARTY TERMS

1. Platform Distributor Terms

This Licensed App is distributed through the Apple App store (iOS) and the Google Play (Android) mobile app distribution platforms. We are legally obliged to include the following Google and Apple terms in this EULA.

1.1 Google Play

Where you have downloaded the Licensed App from the Google Play store, your use of Google’s services through which you can buy, get, license, subscribe to and cancel content, apps and other in-app services are governed by Google’s terms available here.

1.2 Apple App Store (iOS branded products)

These Additional Apple End User Terms apply where you have downloaded the Licensed App on an Apple branded iOS Product, the following terms and conditions apply:

a. Acknowledgement

You and we both acknowledge that this EULA is concluded between OS and you, and not with Apple, and OS (not Apple), is solely responsible for the Licensed App and the content thereof.

b. Scope of License

The license granted to you for the Licensed App is limited to a non-transferable license to use the Licensed App on any Apple-branded products that you own or control, and as permitted by the ‘Usage Rules’ set forth in Apple Media Services Terms and Conditions, except that the Licensed App may be accessed and used by other accounts associated with the purchaser via Apple’s ‘Family Sharing’ or volume purchasing rights.

c. Apple Media Services Terms and Conditions

Your use of Apple’s services through which you can buy, get, license, rent or subscribe to content, apps and other in-app services are governed by the following Apple’s terms available here.

d. Maintenance and Support

OS is solely responsible for providing any maintenance and support services with respect to the Licensed App. You and OS acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the the Licensed App.

e. Warranty

Apple excludes any warranty obligation whatsoever with respect to the Licensed App, to the maximum extent permitted by law.

f. Product Claims

Apple are not responsible for addressing any claims by you or any third party relating to the Licensed App or your possession and/or use of the Licensed App, including, but not limited to:

a. product liability claims;

b. any claim that the Licensed App fails to conform to any applicable legal or regulatory requirement; and

c. claims arising under consumer protection, privacy, or similar legislation.

g. Intellectual Property Rights

In the event of any third party claim that the Licensed App or your possession and use of the Licensed App infringes a third party’s intellectual property rights, OS (and not Apple) shall be responsible for the investigation, defence, settlement and discharge of any such claim.

h. Legal Compliance

You represent and warrant that:

i. 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

ii. you are not listed on any U.S. Government list of prohibited or restricted parties.

i. Third Party Beneficiary

Notwithstanding paragraph 17 above, you and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party.

2. Third Party Additional Terms – Licensed App Functionality

Certain functionality within the Licensed App is made possible as a result of licensing arrangements with third parties and/or is licensed directly to you by third parties. We are legally obliged to include the following third party terms in this End User Licence Agreement. Nothing in these third party terms excludes, restricts or modifies our obligations to you in relation to the Licensed App under your Non-Excludable Rights.

2.1 MAPBOX INC

The Licensed App uses services and tools owned and operated by Mapbox, who require OS to include the following terms and conditions in this EULA:

  • your device shall populate its cache using direct requests to Mapbox and content from a cache may only be consumed by a single end-user;
  • you may not distribute maps served from Mapbox to third parties;
  • you may not scrape or undertake any mass download for any purposes other than offline caching on your single end-user device;
  • you may not use the Mapbox services for any purpose that is in breach of the OS Map EULA or that would amount to unacceptable use of the Licensed App if done by you;
  • you may not use the Licensed App in any manner which could damage, disable, overburden or impair the Licensed App or interfere with any other user’s use and enjoyment of the application;
  • you may not export any coordinate information or address information derived from the results of a request to the application;
  • you must comply with any other restrictions identified by Mapbox in its Terms of Service, which can be found at the following url: https://www.mapbox.com/tos/#start

 

EULA Version: March 2021