Terms and Conditions for Ramblers Routes volunteers

This page (together with the documents referred to on it) tells you the terms and conditions (Terms) on which we engage volunteers to assist us with the development of walking routes (Routes).

The website at www.ramblersroutes.org (Routes Website) is an online walking route development tool and database which enables volunteers (Volunteers) to contribute to Routes to be published and marketed by us, whether on the Routes Website, on any other website and otherwise.

Please read these Terms carefully before applying to become a Volunteer as, by doing so, you agree to be bound by them. Please print a copy for future reference. If you refuse to accept these Terms, you will not be able to apply to become a Volunteer.

1.1 www.ramblersroutes.org is a site operated by The Ramblers’ Association, a registered charity (England & Wales no 1093577, Scotland no SC039799) and a company limited by guarantee, registered in England & Wales (no 4458492) (we, the Ramblers). Our registered office and main trading address is at 2nd Floor, Camelford House, 87-90 Albert Embankment, London SE1 7TW. Our VAT number is GB233972158.

1.2 We are regulated by The Charity Commission and the Office of the Scottish Charity Regulator (OSCR).

2.1 After completing our online application forms, you will receive an e-mail from us acknowledging that we have received your application to become a Volunteer. Please note that this does not mean that your application has been accepted. All applications are subject to acceptance by us in our sole discretion, and we will confirm such acceptance to you in a further email (Acceptance Confirmation).

3.1 By applying to become a Volunteer you warrant that you are at least 18 years of age.

3.2 Your role as Volunteer may be as a developer of Routes for the Routes Website (Route Developer) and/or as a checker of Routes, whether developed by you, the Ramblers or by third parties (Route Checker). You will be asked to identify which type(s) of Volunteer you wish to be on the application form.

3.3 You will only be permitted to perform the role as a Route Developer and/or Route Checker once you have completed such training as we require (which may include online training). You may be required to attend or partake in refresher training from Version 4 March 2011 time to time in order to maintain Volunteer status. Once you have completed the requisite training, your Volunteer status will be confirmed by our central office administrators and you will be issued with all appropriate log-ins to relevant areas of the Routes Website.

3.4 Route Developers create the first version of the Route on the Routes Website. They devise Routes, map the Routes using our online drawing tool and compile an online description of the Routes. Together these comprise the Route Materials.

3.5 Route Checkers check the work of the Route Developers by walking the route, carrying out a general risk assessment in accordance with the ‘Route Volunteer Guidelines.

3.6 The Ramblers will decide in our sole discretion whether we wish to use any Routes or Route Materials devised or checked by Volunteers for any purpose.

3.7 Volunteers perform their services on an entirely voluntary basis without payment or any other remuneration by the Ramblers.

3.8 Subject to the provisions of these Terms, you shall be entitled to describe yourself as a ‘Ramblers Route Volunteer’ but you shall not represent yourself as an agent of the Ramblers for any purpose, nor make any representation on the Ramblers’ behalf.

3.9 You acknowledge that you have read a copy of the current version of ‘Route Volunteer Guidelines’ and you agree to comply with such Guidelines.

3.10 We shall be entitled to amend our Route Volunteer Guidelines from time to time at our sole discretion.

4.1You acknowledge that wherever you upload any Routes and Route Materials to the Routes Website or provide them to us in any other form, you are agreeing to:

(a) transfer to us, the Ramblers, all Intellectual Property Rights in the Routes and Route Materials developed and/or edited by you, which we may use for whatever purpose we see fit, whether on the Routes Website or elsewhere in our sole discretion;

(b) waive all moral rights in the Routes and Route Materials, which means though we will make every effort to identify you personally for your contributions to the Routes and Route Materials, there is no legal obligation for us to do so. Version 4 March 2011 3

4.2 Where you are a Route Developer, in return for your transfer and waiver of rights under clause 4.1 above, we hereby grant back to you a non-exclusive, royalty-free, licence to use the Routes and Route Materials developed by you, subject always to the provisions of clause 4.3.

4.3 As a charity, it is fundamental that we take all appropriate steps to protect our assets. Please note, therefore, that the rights granted under clause 4.2 are conditional upon you not doing any of the following without first obtaining our prior written consent:

(a) using the Ramblers’ name, logo and/or any other of our branding on any Routes or Route Materials from which you make financial gain;

(b) using the Routes or Route Materials for commercial gain where another Volunteer has made material changes to the Routes or Route Materials developed by you or where your Route contains any materials which originate from another Route on our website.

4.4 Where we agree (in our sole discretion) to give consent under clause 4.3, such consent shall be subject to such terms as we shall specify, including the requirement for appropriate wording to protect our trade marks and other Intellectual Property Rights on such terms as we shall specify.

4.5 Please note that we reserve the right to revoke the licence granted by clause 4.2 if you are in breach of any of the provisions of these Terms.

4.6 We are the owners or licensees of all Intellectual Property Rights in the Routes Website, in its content and in its underlying software.

4.7 We are the owners or licensees of the trade marks we use from time to time in relation to our organisation, including (but not limited to): ‘The Ramblers’, The Ramblers’ Association’, ‘Ramblers’ (word mark and associated logo), ‘Ramblers Scotland’, ‘Ramblers Cymru’, ‘Walk Britain’, www.ramblers.org.uk, www.ramblersroutes.org, www.walkingroutes.org, www.walkingroutes.org.uk, www.getwalking.org and www.getwalking.org.uk and ‘Get Walking Keep Walking’, ‘Get Walking’, ‘GWKW’. No rights or licences of these trade marks are granted to you.

4.8 You may print off and may download extracts, of any page(s) from our Routes Website for your personal reference.

4.9 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, Our status (and that of any identified contributors) as the owners/authors of material on our Routes Website must always be acknowledged.

4.10 You must not use any part of the materials on our Routes Website for commercial purposes without obtaining a licence to do so from us or our licensors, including as required by unless clause 4.3.

4.11 In these Terms Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

5.1 Where you provide any Route Materials to us, either in original form in your role as a Route Developer or in amended form in your role as a Route Checker, you warrant (to the best of your knowledge and belief) that:

(a) the Routes and Route Materials are your own original works (or the original works of your staff, where you are a company);

(b) the Routes and Route Materials have not been copied wholly or substantially from any external source (that is any source other than the Routes Website);

(c) the use by us of the rights you transfer to us in the Routes and Route Materials will not infringe the rights of any third party;

(d) other than where you have copied the Routes and Route Materials from the Routes Website, you are the sole owner of all Intellectual Property Rights in the Routes and Route Materials;

(e) you have not licensed or transferred any rights in the Routes and Route Materials to any third party in any part of the world;

(f) the Routes and Route Materials are accurate and complete;

(g) no statutory prohibitions on public access are in force, on a temporary or permanent basis, on any paths or land used by the Routes.

6.1 Whenever you make use of a feature that allows you to upload material to our Routes Website, or to make contact with other users of our Routes Website, you must comply with the acceptable use policy set out in clause 7 below.

6.2 Any material you upload to our site (with the exception of any confidential notes added to the ‘comments’ section of the Route description) will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their Intellectual Property Rights or any other rights.

6.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Routes Website.

6.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our acceptable use policy.

7.1 The following standards apply to all contributions you make to the Routes Website, whether Routes, Route Materials or any other materials or to any interactive part of the Website. Such contributions must not:

(a) contain any material which is defamatory, obscene, offensive, hateful or inflammatory;

(b) promote sexually explicit material or violence;

(c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(d) be likely to deceive any person;

(e) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(f) be threatening, abusive or create an invasion of another’s privacy, or cause annoyance, inconvenience or needless anxiety;

(g) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(h) give the impression that they emanate from us, if this is not the case; or

(i) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

8.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

8.2By breaching clause 8.1, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

8.3 To the extent permissible by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

9.1 Failure to comply with our acceptable use policy or with the provisions of clause 8 constitutes a material breach of these Terms and may result in our taking all or any of the following actions (or such other action as we deem appropriate):

(a) immediate, temporary or permanent withdrawal of your right to use the Routes Website and/or to continue with Volunteer status;

(b) immediate, temporary or permanent removal of any posting or material uploaded by you to the Routes Website;

(c) issue of a warning to you;

(d) (where the breach has not been remedied after we have taken any action under (a), (b) or (c) above) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e) (where the breach has not been remedied after we have taken any action under (a), (b) or (c) above) further legal action against you; or

(f) (where the breach has not been remedied after we have taken any action under (a), (b) or (c) above) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

10.1 Access to the Routes Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Routes Website without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

10.2 From time to time, we may restrict access to some parts of our Routes Website, or the entire Website, to users who have registered with us.

10.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. 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 of use.

11.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

12.1 Any Routes made available via our Routes Website (whether for Volunteers or otherwise) are for guidance only. We do not warrant that pedestrian access will always be available or safe via such suggested Routes because, for example, a particular path or route may be blocked by road works, snow or unsafe for any other reasons. You are expected to exercise the usual sensible precautions for the protection of your own personal safety, taking account of weather conditions, ground terrain, etc.

12.2 It is up to you to satisfy yourself that you are suitably fit and healthy to commence and complete a suggested Route. You are recommended to seek medical advice if you have any doubts in this context.

12.3 The material displayed on our Routes Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our organisation, group of companies and third parties connected to us hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

12.4 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

13.1 We process information about you in accordance with our privacy policy [http://www.walkingroutes.org/Privacy_Policy.pdf]. By using our Routes Website, you consent to such processing and you confirm that the personal data provided by you is accurate.

14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2 Our Routes Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

14.3 If you wish to make any use of material on our site other than that set out above, please address your request to walkingroutes@ramblers.org.uk.

15.1 Where our Routes Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Term will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us.

18.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Routes Website or the role of a Volunteer.

18.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19.1 We may revise these Terms at any time by amending this page and this website will be used to communicate any changes. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Where the changes relate to the arrangements under which we license you to use the Routes and/or Route Materials, you reserve the right to notify us in writing that you wish us to remove your Routes from the site. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Routes Website.

20.1 If you have any concerns about material which appears on the Routes Website, please contact volunteersupport@ramblers.zendesk.com.