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Terms & Conditions

Geography Player App

Please read the following important terms and conditions before you download Geography from our website and check that they contain everything which you want and nothing that you are not willing to agree to.

Geography Player App

By undertaking this experience you agree that you are responsible for your own health, safety and wellbeing. You need to be aware of your surroundings, please be cautious at all times of other people, obstacles and traffic.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after entering into the service contract, in most cases, you can change your mind and get a full refund. However, this right to cancel does not apply to downloads or streaming services.

For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • ‘I’, ‘we’, ‘us’ or ‘our’ means Fitkin Limited
  • ‘You’ or ‘your’ means the person buying Geography Truro.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

  • email geography@fitkin.com Emails will be responded to on Monday to Friday from 9am to 5pm

Who are we?

We are Fitkin Limited.

Our registered office is at: The Turning House, Treen, St Levan, Penzance, Cornwall, United Kingdom, TR19 6LG

VAT reg no. 136 9996 51 
  1. Introduction

If you buy Geography, you agree to be legally bound by this contract.  For the avoidance of doubt, if you do not agree with any of the terms in this contract, please do not buy Geography. 

This contract is only available in English. No other languages will apply to this contract.

  1. Your privacy and personal data
    1. Our Privacy Notice is available here
    2. Your privacy and personal data are important to us. Any personal data that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal data we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal data and how to contact us and the Information Commissioner’s Office if you have a query or complaint about the use of your personal data.
  1. Buying Geography from us (only up to end of 2023)
    1. Below, we set out how a legally binding contract between you and us is made.
    2. You buy Geography on our website and by going through our checkout process. Please check your order carefully before submitting it. 
    3. When you confirm your purchase at the end of the online checkout process (eg when you click on the ‘Pay Now’ button), we will acknowledge it by email. 
    4. At this point:
      1. a legally binding contract will be in place between you and us; and
      2. you may use Geography.
    5. Once you have purchased Geography, you will have unlimited use of it.  There is no contract period and you can use Geography as often and for as long as you like.  We anticipate that Geography will be available for use for the next two to three years.  
  1. Right to cancel
    1. You have the right to cancel this contract within 14 days if you do not access Geography.  You will lose your right to cancel this contract once you access Geography and no refund will be given.
    2. The cancellation period will expire after 14 days from the day on which you have made the purchase, if you have not accessed Geography. 
    3. If you cancel your appointment on the 15th day from the day on which you made the purchase, we will not provide a refund. 
    4. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg by email or by using the ‘Contact Us’ form) using the contact details at the top of this contract. 
    5. You may use the model cancellation form available here: Geography Cancellation Form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation by email without delay.
    6. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  1. Effects of cancellation
    1. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  1. Payment
    1. We accept the debit cards and credit cards through Stripe and we also accept Apple Pay.
    2. We will do all that we reasonably can to ensure that all of the information you give us when paying for Geography is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Notice or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
    3. All payments by credit card or debit card need to be authorised by the relevant card issuer. 
    4. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period, if you have not accessed Geography. There is no legal right to cancel once you have accessed Geography.
    5. The price of Geography is in pounds sterling (£)(GBP).
  1. Limit on our responsibility to you
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that:
      1. were not foreseeable to you and us when the contract was formed;
      2. that were not caused by any breach on our part;
      3. business losses and losses to non-consumers.
  1. Disputes
    1. We will try to resolve any disputes with you quickly and efficiently.
    2. If you are unhappy with:
      1. our service to you; or
      2. any other matter,
        please contact us as soon as possible.
    1. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
      1. let you know that we cannot settle the dispute with you; and
      2. give you certain information required by law about our alternative dispute resolution provider. 
    2. If you want to take court proceedings, the laws of England and Wales will apply to this contract.
  1. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract. 

10 Terms of Service

By accessing this web-app, you are agreeing to be bound by this web-app’s terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this app and website. The materials contained herein are protected by applicable copyright and trade mark law.

11 Branding

Geography, Geography Truro; are proprietary marks of Fitkin Ltd. No users of this website are permitted to copy these, or allow anyone else to do so, without the consent of Fitkin Ltd.

12 Use License

Permission is granted to the user of our app and website to run either on a device of their choosing. The user may not, except with explicit permission: (a) modify or copy our materials; (b) attempt to decompile or reverse engineer our products; (c) remove any copyright or other proprietary notations from our materials; (d) transfer our materials to another person, or “mirror” the materials on any other server, unless explicitly stated.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any obtained materials in your possession whether in electronic or printed format.

13 Disclaimer

The materials on our app (if any) and website are provided “as is”. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials or on any sites linked to this site.

14 Limitations

In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on our app or website, even if we or one of our authorised representatives has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

15 Revisions and Errata

The materials appearing on our app and website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our app or website are accurate, complete, or current. We may make changes to the materials contained on our app or website at any time without notice. We do not, however, make any commitment to update the materials.

16 Links

We have not reviewed all of the sites linked to our app and website and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, by us, of the site. Use of any such linked web site is at the user’s own risk.

17 Site Terms of Use Modifications

We may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these terms of use.

18 Governing Law

Any claim relating to our app or website shall be governed by the laws of the UK without regard to its conflict of law provisions.