QuestNative is both a website located at www.QuestNative.com (Site) and a mobile app game (App) for tourists visiting Edinburgh, Scotland and various other locations. This document sets out the terms of service for use of the QuestNative gaming, tourist and leisure services (Services) provided through the Site and App. By registering to use the Service, you are entering into a legally binding agreement with us based on these Terms, including the terms of our Privacy Policy (collectively referred to as the Agreement). If you do not agree to these Terms, please refrain from using our Service.

Who we are

Deblur Ltd is a limited liability company incorporated in Scotland. Our company number is SC532775, and our registered office is at C/O DEBLUR Ltd, Office 2, 30/2 Eskbank Office Complex, Hardengreen Industrial Estate, Dalkeith, EH22 3NX. About the Service Our Service allows you to use the Site and App to visit tourist sites in Edinburgh, Scotland and various other locations, and collect and win points and rewards by visiting the different tourist and leisure sites. We reserve the right to amend these Terms from time to time and will email to alert you to our new terms or notify you of the change when you next use the Service. Your continued use of the Service will be deemed to be acceptance of any new terms.

Your obligations

You must comply with the terms of the Agreement as set out in these Terms.

To qualify to use the Service you must meet the following criteria, and accordingly you warrant that you: are over 13; have full authority to enter in this Agreement; are not currently restricted from using the Service; shall not infringe our rights, including intellectual property rights we may have in our Service; and shall only submit information that you are entitled to submit, which is accurate and not confidential.
You shall keep your password secure for use of the Service and not permit others to use the account which is created to access the Service (Account). You are responsible for anything that happens through your Account until it is closed down unless the account security has been compromised through no fault of your own. If you discover any unauthorised use of your Account you must promptly let us know. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
You must comply with our Acceptable Use policy as set out below.
You agree to indemnify us against all damages, losses and costs which we incur due to your failure to comply with this Agreement.

Acceptable Use

You must not store or transmit any material during the use of the Site or App that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or is racially offensive.
You must not send or transmit any material which infringes any third party intellectual property rights.
You should not create a false identity or submit inaccurate, false or misleading information.
You should not transmit any unsolicited advertising such as spam or junk mail.
You should not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You should not damage, disable, overburden, impair or compromise our systems or security or interfere with other users. You must not attempt to gain unauthorised access to the server on which our Service runs or any server, computer or database connected to our Service.

Generated Content

Any content generated by you, including reviews and pictures, must be original and not infringe any third party intellectual property, privacy or any other rights. We reserve to right remove any content that we consider infringes such rights. Please note that by uploading content, you hereby grant to us a non-exclusive, worldwide, royalty free, fully paid up, sub-licensable, and transferable license to use, copy, re-purpose, create derivative works from, perform and display such content at our discretion.

Your rights

On condition that you comply with your obligations under the Agreement, we grant you a limited, non-exclusive, non-transferable licence to access the Service and use the Service in accordance with this Agreement.

Data Privacy

We are committed to protecting and respecting your privacy. What personal data we collect, how and why we process your data, our legal basis for processing your data and your rights in relation to your data are set out in our Privacy Policy.

Fees and Payment

Use of the Service is free for individual users.

Cancelling Your Account

You may cancel your Account at any time at any time by deleting your Account through our App.

Our rights in the Service

We own or validly license all intellectual property rights in our Service, and in the material published on it. Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.

Availability of Service

We shall use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours and to give you as much advance notice of any maintenance as we can. We will endeavour to respond to all support queries within two working days (based on UK time). You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

Disclaimer

The Service is provided on an ‘as is’ and ‘as available’ basis and to the extent permitted under Scots law, without warranties of any kind. In particular we make no warranty that the Service will meet your requirements or expectations or that it will be error free. The Service relies on the information provided by each attraction. We take no responsibility for any information that is inaccurate, false or otherwise misleading as provided by the attraction.

Liability

Non-exclusion

We do not exclude or limit in any way our liability for:

death or personal injury caused by Our negligence
or the negligence of Our employees, agents or subcontractors; fraud or fraudulent misrepresentation; or
any other loss which cannot be excluded under the laws of Scotland.

Our liability to You

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract. We only supply the Service for your personal use. You agree not to use the Service for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. This section shall survive termination of the Agreement.

Indemnity

You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence of your breach of the Agreement.

General

If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion. If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement. You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission. If there are any disputes arising out of your use of the Service or relating to the Agreement then these will be governed by the laws of Scotland and subject to the non-exclusive jurisdiction of the Scottish Courts.