Terms and conditions

Traveline App: End User Licence Agreement (EULA)

Traveline Information Ltd.
APP NAME: Traveline
[email protected]
https://www.traveline.info
Registered Office: 22 Greencoat Place, London, SW1P 1PR
Company Number: 03826797
https://www.traveline.info/about-traveline/terms-of-service-and-privacy-policy/

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Traveline Information Ltd a company incorporated and registered in England and Wales with company number 03826797 whose registered office is situated at 22 Greencoat Place, London, SW1P 1PR (Licensor, us or we) for Traveline mobile application software, the data supplied with the software, and the associated media (App).

We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any App Store provider or stakeholder from whose site (App Store), the End-user downloaded the App (App Store Rules). We do not sell the App to you. We remain the owners of the App at all times.

IMPORTANT NOTICE:

BY CLICKING "ACCEPT" YOU AGREE TO THE TERMS OF THE LICENCE WHICH WILL BIND YOU. THE TERMS OF THE LICENCE INCLUDE, IN PARTICULAR, THE PRIVACY POLICY DEFINED IN CONDITION 1.5 AND LIMITATIONS ON LIABILITY IN CONDITION 7.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU SHOULD UNINSTALL THE APP WITH IMMEDIATE EFFECT.

1. Grant and scope of the licence

1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply.

1.2 The App may include or use components of open-source software that are subject to their own licence terms. To the extent there is a conflict between those open-source licence terms and the terms of this Agreement, the open-source licence terms will apply in respect of that component. Details of the open-source components and their respective licences are available in the App’s Settings menu under Licences.

1.3 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices.

1.4 In return for you agreeing to comply with these terms you may download or stream a copy of the App onto the Devices and view use and display the App and the Service on such Devices for your personal purposes only.

1.5 You must be 18 or over to accept these terms and use the App or Services.


2. Updates to the App

2.1 We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

2.2 From time-to-time, updates to the App may be issued through the App Store. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms. You must accept updates if you wish to continue using the App. Traveline Information Ltd. accepts no liability in the event that you fail to keep the App updated or under any other circumstances save as expressly required by law.

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

If you download or stream the App onto any phone or other device (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 Device. If you are not the bill payer for the Device on which you’re using the App, please ensure that you have received permission from the bill payer. For the avoidance of doubt, we will not be responsible for any third party costs or charges.

4. Your privacy

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 our Privacy Policy and it is important that you read that information.

5. Other terms that may apply to you

5.1 The following documents also form part of these terms:

Our Cookie Policy, which sets out information about the cookies used by the App.
Our App Terms and Conditions which apply to your use of the App.
The ways in which you can use the App may also be controlled by the App Store’s rules and policies, in which case the App Store’s rules and policies will apply instead of these terms where there are differences between the two.

5.2 Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

5.3 Certain Services make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device. If you disable location settings on your device, the site will remain accessible; however, certain features may be limited, and the overall service may be reduced.

6. Licence restrictions

6.1 Except as expressly set out in this EULA or as permitted by law, you agree:

a. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of backup or operational security;

b. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

c. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

d. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing (by virtue of section 296A of the Copyright, Designs and Patents Act 1988);

e. to keep all copies of the App secure;

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

together Licence Restrictions.

7. Use of the App
7.1 We are unable to offer technical support and by agreeing to these terms you are confirming you have access to, and can use a Device of suitable specification to receive and display the App. Once the App is downloaded you will be able to access travel information using the App on your Device subject to the limitations set out in clauses 6, 8 and 10. The App is available on iOS and Android mobile phones.

7.2 We cannot take responsibility for certain functions that require an active internet connection with sufficient signal strength and data handling capability. The connection can be WiFi or provided by your mobile network provider, but we cannot take responsibility for the App not working if your data allowance has expired or signal strength insufficient.

7.3 If you are using the App outside of an area with WiFi you should remember that the terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges.

8. Acceptable use restrictions

You must:

a. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

b. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);

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

d. 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; and

e. 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.

together Acceptable Use Restrictions.

9. Intellectual property rights

9.1 All intellectual property rights in the App and the Services anywhere in 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 rights in, or to, the App or the Services other than the right to use each of them in accordance with the terms of this EULA.

9.2 You acknowledge that you have no right to have access to the App in source-code form.

10. Limitation of our Liability
Whether you are a consumer or business user:
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 and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Site/App or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site/App; or
use of or reliance on any content displayed on our Site/App.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
We only provide our Site/App for domestic and private use. You agree not to use our Site/App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
To the extent permitted by law , we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

10.5 Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. 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.

10.6 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) meet your requirements.

10.7 We are not responsible for any disruption to the App or Service. The App and Services may be interrupted, delayed, or otherwise not run as advertised due to circumstances beyond our control, including service provider changes, technical issues, or third-party data errors. We shall not be responsible for any direct, indirect, or consequential loss arising from such interruptions or inaccuracies.

10.8 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.

10.9 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.

11. Termination

11.1 We may end your rights to use the App and Services at any time by contacting you if:

a. you commit a serious breach of these terms which you fail to remedy (if remediable) within 14 days after we notify you in writing to do so;

b. you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

11.2 If we end your rights to use the App and Services:

a. you must stop all activities authorised by these terms, including your use of the App and any Services.

b. 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.

12. Communication between us

12.1 If you wish to contact us in writing (including to make a complaint) or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to us at [email protected]. We will confirm receipt of this by contacting you in writing by e-mail.

12.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

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

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.