Terms and Conditions of Use

Last Updated: 2019-03-01

What Is In These Terms

These terms of use apply to your use of the Alpacr mobile application software (together with its content, any upgrades and any other software or documentation which enables its use) (the "App") and the services accessible through the App once you have downloaded a copy of the App onto your mobile telephone or handheld device (the "Device"), (the "Services").

Who We Are And How To Contact Us

The App is owned and operated by TrekinHerd Ltd (Company No. 10589903) ("we", "our" or "us", as applicable). For further information about Alpacr you can contact us by e-mailing us here: info@alpacr.com or writing to us at: Alpacr, Natwest One Central Square, Cardiff, CF10 1FS

By Using The App You Accept These Terms

These terms of use (the "Terms") apply to all users of the App ("User"). By using this App or creating an Account you agree to these Terms which will bind you each time you use the App.

The ways in which you can use the App and the Services may also be controlled by the rules and policies of the consumer app store from which you downloaded the App. Such rules and policies, (including the permission you obtain to install the App on your Device) will apply in addition to these Terms.

You acknowledge that your agreement with your mobile network provider ("Mobile Provider") will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges.

You need to be 18 years of age to use the App. By creating an account, you represent and warrant that you are at least 18 years old or older. If you do not agree to any of these terms, then please do not use the App.

If Someone Else Owns the Phone Or Device You Are Using

If you download or stream the App onto any Device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the Device.

We May Make Changes To These Terms

We may amend these Terms from time to time. Every time you wish to use our App, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on 15th January, 2018.

Your Privacy

We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.

We May Suspend Or Withdraw Our Site

The App is made available free of charge.

We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons.

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

Your Account

Users are required to register and create an account with us to use the App and the Services ("Account"). You must keep your registration and Account details confidential. If you become aware of any misuse or unauthorised use of your registration and Account details, then you must inform us immediately by using the contact details provided above.

When you create an Account you may be required to provide personal data (including information relating to your location and the other relevant information to the Services). Further information on the Terms on which we process any personal data that we collect from you, or that you provide to us on yourself or your child can be found in our Privacy Policy here.

We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

User Generated Content

Any information, material and content which you and other users post, contribute or otherwise submit using the App (including any details relating to your trips) is generally known as 'user generated content' ("UGC"). This section sets out the rules for contributing content, the ways in which we and other users may use your UGC, and how you can use their UGC.

When you contribute any UGC:

  • you are granting us and any third parties we authorise unlimited, non-terminable and free permission (including the right to sublicense that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or devised in the future), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to:
    • including to your followers and/or other users of the App based on the settings in the App or the options you have chosen (see further details in the paragraph below);
    • allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed your UGC on their platforms, including their websites and applications; and
    • to publish, distribute or otherwise use your UGC in any material we use for publicity or marketing purposes including in business pitches or proposals to third parties or in our advertising and promotional campaigns (and to license your UGC to our business partners for them to use your UGC for their own publicity or marketing purposes). If your UGC contains personal information, we will contact you to arrange permission to use that information for these purposes, if required to do so by law. Please see further our Privacy Policy.
  • you are granting to every other user of the App unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC, as described in the paragraph below.

When you first post UGC on the App you will be presented with certain options relating to that post, including default options, for example, options relating to who can see your UGC. Please consider these carefully as certain options may make your UGC available to users of the App who do not follow you and/or to the public (i.e. individuals who are not using the App). If you do share your UGC publically, it may appear on the results of search engines and other third platforms that we allow to crawl the public content that appears on our App. You can find your sharing and other privacy related settings in the relevant section of the App under your account. Please also see our Privacy Policy for further information including the legal basis under data protection law by which we may share your UGC, based on your settings.

You may view any UGC posted through the App for your own personal and non-commercial purposes only. You are not, in any circumstances, permitted to make commercial use of any such content, edit any such content or remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.

You must not post or upload any UGC that contains:

  • material that is unlawful, defamatory, abusive, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or otherwise objectionable or embarrassing to any other person;
  • personal information about any other person unless you have obtained that person's prior consent to do so;
  • information in relation to a dispute about any decision we make concerning your conduct under these Terms;
  • distribute or post spam or submit or post chain letters or operate pyramid schemes using the App;
  • advertisements for, or solicitations of, business; or
  • viruses or any other technologies that may harm our Services or the interests of any users of the App or otherwise interfere with or disrupt our systems.

We are not responsible for verifying the ownership of any UGC posted or uploaded onto the App and any posting of comments or information on the App is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.

How You May Use The App

You must not:

  • use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
  • use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • use the App to impersonate another person or otherwise misrepresent your affiliation with a person or entity; or
  • collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

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

Intellectual Property Rights

All intellectual property rights in the App and the Services belong to us (or our licensors) and the rights in the App and the Services are licensed to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.

Our Responsibility For Loss Or Damage Suffered By You

We do not guarantee that the App will be secure or free from bugs or viruses.

We are not liable to you in relation to any UGC.

We only provide the App for domestic and private use. You agree not to use the App or Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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 and for fraud or fraudulent misrepresentation.

The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service.

Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, promises or guarantees, whether express or implied, that such information is accurate, truthful, complete or up to date.

We May End Your Rights To Use The App And The Services If You Break These Terms

We have the right to disable any Account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

If we end your rights to use the App and Services:

  • you must stop all activities authorised by these Terms, including your use of the App and any Services;
  • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
  • we may cease providing you with access to the Services.

Your Obligation To Reimburse Us If You Break These Terms

You agree only to use the App and our Services in accordance with these Terms. You agree that you will reimburse us (and our employees, agents and suppliers) in full for any losses and expenses (including reasonable legal fees) we incur as a result of you breaking these Terms.

Which Country's Laws Apply To Any Disputes?

These Terms are governed by English law. Either you or we can bring legal proceedings in connection with these Terms or the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Nothing in these Terms will deprive you of your rights as a consumer to bring or defend proceedings in your home state, nor deprive you of the protection given to you by the laws of the country in which you live.