Last Updated: 1 February 2026

Please read these Terms of Use (“Terms”) carefully before using the Ay Up Me Duck mobile application (the “App”) created by Haywyre LLP on behalf of Amber Valley Borough Council (“we,” “us,” or “our”).

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the App.

1. About the App

The Ay Up Me Duck App is designed to enhance your experience of the Amber Valley Borough Council Art trail, providing information, locations, and interactive features related to the sculptures displayed as part of the “Amber Valley Tourism” initiative.

2. Eligibility

By using the App, you represent and warrant that you are at least 13 years of age or older. If you are under 18, you may only use the App with verifiable parental or guardian consent. We reserve the right to request confirmation of such consent in accordance with the Information Commissioner's Office’s Children’s Code.

3. Intellectual Property

The App and its original content, features, and functionality are and will remain the exclusive property of Haywyre LLP and Amber Valley Borough Council and their
licensors.

The App is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.

Our trademarks and trade address may not be used in connection with any product or service without the prior written consent of Haywyre LLP or Amber Valley Borough Council.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal, non-commercial use in accordance with these Terms.

4. Permitted Use and Restrictions

You agree to use the App only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the App.
Prohibited activities include, but are not limited to:

Attempting to gain unauthorized access to the App, its servers, or any associated systems or networks.

Interfering with or disrupting the integrity or performance of the App.

Using the App for any commercial purpose without our express written consent.

Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the

App without our express written consent.

Introducing any viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

Reverse engineering, decompiling, or disassembling any part of the App.

Harvesting or otherwise collecting information about others, including email addresses, without their consent.

Using automated scripts, bots, or other tools to access or interact with the App.

Circumventing or attempting to circumvent any security or authentication features of the App.

5. Location Data

The App may use location-based services to help you navigate the sculpture trail.

The App may access your device’s location data when you enable location services.

We process this data only for the purpose of providing trail navigation features and do not store location data unless expressly stated in our Privacy Policy. For more
information, please refer to the App Privacy Policy, which forms part of these Terms.

6. Third-Party Links and Services

The App may contain links to third-party websites or services that are not owned or controlled by Haywyre LLP or Amber Valley Borough Council.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and
agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance
on any such content, goods, or services available on or through any such websites or services. Links to third-party services do not constitute endorsement.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Disclaimer of Warranties

The App is provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included on the App.

You expressly agree that your use of the App is at your sole risk.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness
for a particular purpose.

We do not warrant that the App, its servers, or emails sent from us are free of viruses or other harmful components.

We do not warrant that the App will be uninterrupted, timely, secure, or error-free.

8. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Haywyre LLP or Amber Valley Borough Council, nor their respective directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data,
use, goodwill, or other intangible losses, resulting from:

• your access to or use of or inability to access or use the App;
• any conduct or content of any third party on the App;
• any content obtained from the App; and
• unauthorised access, use or alteration of your transmissions or content,
• whether based on warranty, contract, tort (including negligence), or any other
  legal theory, whether or not we have been informed of the possibility of such
  damage, and even if a remedy set forth herein is found to have failed of its
  essential purpose.
• Nothing in these Terms excludes or limits liability for death or personal injury
  caused by negligence, fraud, fraudulent misrepresentation, or any other
  liability that cannot be lawfully excluded.

9. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the courts located in England and Wales for the resolution of any disputes arising out of or relating to these Terms or
the App.

10. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to
any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please
stop using the App.

11. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Termination

We may suspend or terminate your access to the App immediately if you breach these Terms or if we are required to do so for legal, security or
operational reasons.

13. Privacy

Your use of the App is also subject to App Privacy Policy, which explains what personal data we collect, how it is used, and your rights under data protection law. You can access the Privacy Policy at www.ambervalley.gov.uk/dataprotection

14. Entire Agreement

These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding
the App.

15. Contact Us

If you have any questions about these Terms, please contact us at: info@haywyre.co.uk or tourism@ambervalley.gov.uk

Haywyre LLP, Chartwell House, 4 St Paul’s Square, Burton-on-Trent DE14 2EF
Tourism, Amber Valley Borough Council, Town Hall, Ripley, Derbyshire, DE5 3BT