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Terms and Conditions

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.

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  1. Interpretation 

    1. Definitions 
       

Customer: the person, or any person acting on their behalf, who purchases, the App as provided by KOTH. 
 

KOTH: Brinkley Grays Ltd (registered in England and Wales with company number 16212708), trading as “King of the Hill”, whose registered address is Smiths Farm, Washfield, Tiverton, England, EX16 9RF.
 

Terms: these Terms and Conditions as amended from time to time in accordance with clause 10.
 

1.2 Interpretation 

 

  • A reference to ‘you’ means the Customer or anyone acting on behalf of the Customer who accesses, uses or purchases the App.

  • A reference to ‘we’, ‘us’ or ‘our’ means KOTH, its employees, agents and authorised agents. 

 

2. Who we are and what this agreement does

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We license you to use:

  • King of the Hill mobile application software, the data supplied with the software,(the “App”) and any updates or supplements to it.

  • The related electronic documentation (the “Documentation”).

  • The service you connect to via the App and the content that we provide to you through it (the “Service”).

as permitted in these Terms.

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3. Your privacy

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Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in [LINK TO PRIVACY NOTICE] 

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4. Apple App Store and Google Play's terms also apply

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The ways in which you can use the App and Documentation may also be subject to the rules and policies of the Apple App Store and Google Play (the “Providers”). Where there is any inconsistency between these terms and the relevant Provider's rules and policies, the latter will take precedence.

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5. Operating system requirements
 

This App requires a GPS-enabled smartphone (iPhone or Android) with a camera and data connection. For optimal performance, we recommend using a device with at least 2 GB of RAM, 500 MB of available storage, and an operating system of iOS 15.0 or later, or Android 9 (Pie) or later.
 

6. Support for the App and how to tell us about problems

  • Support. If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources at https://www.kingofthehill.co.uk. 

  • Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at support@kingofthehill.co.uk.

  • How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.


7. How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto a GPS-enabled smartphone (iPhone or Android) with a camera and data connection and view, use and display the App and the Service on such devices for your personal purposes only. 

  • use any Documentation to support your permitted use of the App and the Service.

  • provided you comply with the clause 16, make up to 2 copies of the App and the Documentation for back-up purposes only; and

  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.


8. You must be 18 to accept these terms and buy the App

  • You must be 18 or over to accept these terms and buy the App.  
     

9. You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

10. Group Sharing Option

The App offers a group sharing feature (“Crew Pass”). This allows the purchaser to invite up to four (4) additional individuals to participate in a private leaderboard within the App. Crew Pass is available for a one-off fee of £9.99 which is to be paid by the host, additional members may join for no additional cost.
 

Crew Pass does not permit the sharing of login credentials. Each user must access the App using their own account details.


We reserve the right to suspend or terminate access to Crew Pass if any misuse or unauthorised sharing is detected.


11. Changes to these terms
 

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will provide you with a minimum of 30 days’ notice of any changes, except where immediate implementation is required by law, security considerations, or to prevent abuse. Notifications will be sent to you via email, and a notice will be published on our website. 

If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
 

12. Update to the App and changes to the Service
 

From time to time we may automatically update the App and change the Service 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. 

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
 

13. If someone else owns the phone or device you are using
 

If you download or stream the App onto any smartphone or other 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 phone or other device. 


14. We are not responsible for other websites you link to
 

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

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15. Licence restrictions
 

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

  • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

  • is not used to create any software that is substantially similar in its expression to the App;

  • is kept secure; and

  • is used only for the Permitted Objective;

  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
     

16. Acceptable use restrictions
 

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;

  • not 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);

  • not transmit any material that is defamatory, offensive, explicit or otherwise objectionable in relation to your use of the App or any Service;

  • not 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; 

  • not use the App or any service in any manner that is defamatory towards KOTH, or that could otherwise damage KOTH’s reputation or bring KOTH into disrepute with any third party; and

  • not 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.
     

17. Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
 

18. Our responsibility for loss or damage suffered by you
 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, if a reasonable person could have foreseen the risk. 
 

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 or for fraud or fraudulent misrepresentation.
 

We are not responsible for conduct of challenges. We are not responsible for the inspection, supervision or conduct of any race, contest, challenge or group activity that utilises the App or Services, including any that are organised by you. 


When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update 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 the minimum system requirements advised by us.
 

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
 

Limitations to the App and the Services. 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, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
 

Emergency situations. In the event of an accident, injury, or any other emergency while using the App or the Service, you must immediately contact the appropriate local emergency services. The App does not monitor, detect, or respond to emergency situations and should not be relied upon as a substitute for contacting emergency responders.
 

Please back-up content and data used with the App. 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.
 

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site and in the Documentation) meet your requirements.
 

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

 

19. We may end your rights to use the App and the Services if you break these terms

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We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
 

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.

  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.


20. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 
 

21. You need our consent to transfer your rights to someone else
 

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

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22. No rights for third parties
 

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.


23. If a court finds part of this contract illegal, the rest will continue in force
 

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.


24. Even if we delay in enforcing this contract, we can still enforce it later
 

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
 

25. Which laws apply to this agreement and where you may bring legal proceedings
 

These terms and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with English law. By buying the App you irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms. 

 

26. Alternative dispute resolution
 

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, we may refer your complaint to an alternative dispute resolution provider of our choosing. You may wish to contact the alternative dispute resolution provider we use. There is no charge for making a complaint through alternative dispute resolution, and if you are not satisfied with the outcome, you can still bring legal proceedings.

Last updated: 18.11.2025

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