Welcome to Xplore Smithers ("App"), operated by Camus Photography Ltd.
("Xplore Smithers", "we", "us", or "our"). By downloading, accessing, creating an account, or
using the App, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree
to these Terms, you must not use the App. Your use of the App is also governed by our
Privacy Policy.
1
Agreement to Terms
Welcome to Xplore Smithers ("App"), operated by Camus Photography Ltd. ("Xplore Smithers", "we",
"us", or "our").
By downloading, accessing, creating an account, or using the App, you agree to be bound by these
Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the App.
Your use of the App is also governed by our Privacy Policy.
2
Eligibility
You must be at least 13 years old to use the App.
If you are under the age of majority in your jurisdiction, you confirm that you have permission
from a parent or legal guardian to use the App and agree to these Terms.
3
Accounts
Certain features require an account, including Google Sign-In.
You agree to:
-
Provide accurate and current information;
-
Maintain the security of your account;
-
Be responsible for all activity occurring under your account.
We reserve the right to suspend or terminate accounts that violate these Terms.
4
Subscriptions and Billing
Certain features may require a paid subscription, including offline maps and premium content.
Subscription Plans:
-
$4.99 CAD per month
-
$39.99 CAD per year
Subscriptions are processed through Google Play Billing.
Free Trial
New subscribers may receive a 7-day free trial. Unless cancelled before the trial ends, the
subscription automatically converts to a paid subscription.
Auto-Renewal
Subscriptions automatically renew unless cancelled through Google Play before the renewal date.
Refunds
Refund requests are handled by Google Play according to their policies.
Pricing
We reserve the right to change pricing in the future. Any pricing changes will apply only to
future billing periods.
5
Outdoor Activities and Assumption of Risk
The App provides information regarding trails, recreation sites, businesses, events, and outdoor
activities.
Outdoor recreation involves inherent risks, including but not limited to:
- Wildlife encounters
- Bear activity
- Changing weather conditions
- Flooding and water crossings
- Falling trees
- Rockfall and landslides
- Remote terrain
- Limited cellular service
- Personal injury or death
By using the App and participating in outdoor activities, you voluntarily assume all risks
associated with such activities.
You are solely responsible for your own safety, preparedness, equipment, navigation, and decisions
while outdoors.
6
Maps, GPS and Navigation Disclaimer
Maps, GPS positioning, trail information, offline content, and navigation features may be
inaccurate, incomplete, unavailable, or out of date.
The App is not a substitute for:
- Proper trip planning
- Physical maps
- Emergency equipment
- Navigation training
- Sound judgment
GPS accuracy depends on your device, satellite coverage, terrain, weather, and other factors
beyond our control.
You should always verify information independently before relying on it.
7
Emergency Use Disclaimer
The App is not intended for emergency use.
Do not rely on the App for:
- Emergency navigation
- Emergency communications
- Rescue assistance
- Safety-critical information
Always carry appropriate emergency equipment and contact emergency services directly when required.
8
Trail Access and Private Property
Trail access, road conditions, land ownership, permissions, closures, and restrictions may change
without notice.
The inclusion of a trail, road, recreation site, or location within the App does not guarantee
public access.
Users are solely responsible for determining whether access is lawful and permitted at the time
of use.
9
Business Listings and Third-Party Information
The App may contain listings, advertisements, promotions, reviews, recommendations, or information
about businesses, accommodations, restaurants, tour operators, events, and other third parties.
We do not guarantee:
- Accuracy
- Availability
- Pricing
- Quality
- Safety
- Suitability
Any transaction or interaction between you and a third party is solely between you and that third
party.
10
License and Acceptable Use
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for
personal and non-commercial purposes.
You agree not to:
- Copy or redistribute App content
- Reverse engineer the App
- Interfere with App operations
- Use the App unlawfully
- Commercially exploit App content without permission
11
Intellectual Property
All content within the App, including software, text, graphics, logos, photographs, videos, maps,
trail information, branding, and design elements, is owned by Camus Photography Ltd. or its
licensors.
All rights are reserved.
12
User Content
If the App allows users to submit content, including routes, photos, reviews, comments, or notes,
you retain ownership of your content.
However, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce,
and distribute such content for the operation and promotion of the App.
We reserve the right to remove content that violates these Terms.
13
Third-Party Services
The App may rely on third-party services including:
- Google Sign-In
- Google Play Billing
- Mapbox
- Analytics providers
Your use of these services may be subject to their own terms and privacy policies.
14
Disclaimer of Warranties
The App is provided "AS IS" and "AS AVAILABLE."
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including:
- Merchantability
- Fitness for a particular purpose
- Accuracy
- Reliability
- Non-infringement
We do not guarantee uninterrupted, secure, or error-free operation.
15
Limitation of Liability
To the fullest extent permitted by law, Camus Photography Ltd., its officers, directors, employees,
contractors, and partners shall not be liable for any indirect, incidental, special, consequential,
punitive, or exemplary damages arising from your use of the App.
Our maximum total liability for any claim shall not exceed the amount paid by you for the App
during the twelve (12) months preceding the claim.
16
Termination
We may suspend or terminate access to the App at any time if you violate these Terms.
Upon termination, your right to use the App immediately ceases.
17
Changes to These Terms
We may update these Terms from time to time.
Material changes may be communicated through the App or our website.
Continued use of the App following any update constitutes acceptance of the revised Terms.
18
Governing Law
These Terms are governed by the laws of British Columbia and the laws of Canada applicable therein.
Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts
of British Columbia.
19
Contact Us
If you have any questions regarding these Terms, please contact:
info@xploresmithers.com
Xplore Smithers
Camus Photography Ltd.
Smithers, British Columbia, Canada