TRAVELAI LTD “WECYCLE” APPLICATION TERMS OF USE
YOU’RE ALMOST READY TO START USING WeCycle.
Thank you for downloading the WeCycle application. You’re almost ready to start using WeCycle
You will need to read these Licence Terms carefully and accept them in order to use WeCycle. By accepting these Licence Terms, you also accept the terms in our Privacy Policy. This can be found here.
However, before you start reading; here is a little bit about what WeCycle is, and why we have terms in place such as our Licence Terms and Privacy Policy. PLEASE NOTE THAT THE FOLLOWING SUMMARY IS NOT LEGALLY BINDING ON YOU AND DOES NOT REPLACE ANY OF THE PROVISIONS IN THE LICENCE TERMS OR PRIVACY POLICY. THE TERMS OF THIS DOCUMENT THAT WILL BE LEGALLY BINDING ON YOU ARE CLEARLY MARKED BELOW.
We provide and operate WeCycle, it is mobile application that collects how and where you travel to help make our cities and towns friendlier for cyclists and safer for everyone. It’s always on in the background, effortlessly figuring out how you're moving so you don't need to start it, stop it, or tell it what you're doing. In order to better understand how transport services are used and to help planners improve transport service design, we want your help in monitoring the travel habits of crowds. You can help us by using the WeCycle application and sharing information with us about your journeys and travel patterns. We respect the sensitivity of positional information and will not market this information to third parties nor will we sell to third parties or market your personal information. We may, however, use aggregated or anonymised data collected through WeCycle to improve the service and/or provide additional services to third parties. For full disclosure as to how we deal with your information, you will need to read our Privacy Policy.
The Licence Terms set out below detail what you can and cannot do to the WeCycle application. For example, by accepting the Licence Terms, you may download and use the WeCycle application in accordance with the Licence Terms. However, you may not reverse engineer, disassemble, study, decompile the WeCycle application, or; transfer, copy or redistribute our product to anyone else unless through sanctioned and authorised channels organised by TravelAi Ltd. You will need to read the Licence Terms below for more detail about what you can or cannot do in relation to the WeCycle application.
The Licence Terms also set out below the extent of our liability to you for any damage or loss caused by our breach of the Licence Terms. Please pay particular attention to clause 16 of the Licence Terms.
Thank you for downloading the WeCycle application. You’re almost ready to start using WeCycle
You will need to read these Licence Terms carefully and accept them in order to use WeCycle. By accepting these Licence Terms, you also accept the terms in our Privacy Policy. This can be found here.
However, before you start reading; here is a little bit about what WeCycle is, and why we have terms in place such as our Licence Terms and Privacy Policy. PLEASE NOTE THAT THE FOLLOWING SUMMARY IS NOT LEGALLY BINDING ON YOU AND DOES NOT REPLACE ANY OF THE PROVISIONS IN THE LICENCE TERMS OR PRIVACY POLICY. THE TERMS OF THIS DOCUMENT THAT WILL BE LEGALLY BINDING ON YOU ARE CLEARLY MARKED BELOW.
We provide and operate WeCycle, it is mobile application that collects how and where you travel to help make our cities and towns friendlier for cyclists and safer for everyone. It’s always on in the background, effortlessly figuring out how you're moving so you don't need to start it, stop it, or tell it what you're doing. In order to better understand how transport services are used and to help planners improve transport service design, we want your help in monitoring the travel habits of crowds. You can help us by using the WeCycle application and sharing information with us about your journeys and travel patterns. We respect the sensitivity of positional information and will not market this information to third parties nor will we sell to third parties or market your personal information. We may, however, use aggregated or anonymised data collected through WeCycle to improve the service and/or provide additional services to third parties. For full disclosure as to how we deal with your information, you will need to read our Privacy Policy.
The Licence Terms set out below detail what you can and cannot do to the WeCycle application. For example, by accepting the Licence Terms, you may download and use the WeCycle application in accordance with the Licence Terms. However, you may not reverse engineer, disassemble, study, decompile the WeCycle application, or; transfer, copy or redistribute our product to anyone else unless through sanctioned and authorised channels organised by TravelAi Ltd. You will need to read the Licence Terms below for more detail about what you can or cannot do in relation to the WeCycle application.
The Licence Terms also set out below the extent of our liability to you for any damage or loss caused by our breach of the Licence Terms. Please pay particular attention to clause 16 of the Licence Terms.
PLEASE READ THE BELOW LICENCE TERMS CAREFULLY.
BY INSTALLING THE APP YOU AGREE TO THE TERMS DETAILED BELOW, WHICH SHALL BE BINDING, ON YOU.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE UNINSTALL THE APP.
1. Who we are
1.1 We are TRAVELAI LTD, a limited company registered in England with registered address at London Connectory, 160 Old St, London EC1V 9BW, UK and registered number 07960903 (referred to as "we", “us” and “TRAVELAI”).
1.2 We provide and operate WeCycle is a multi-modal journey planner mobile application that studies the speed, location and pattern of movement of a user, as well automatically route the user’s journey in the most efficient manner and allows users to search queries for how to get to somewhere. For the purposes of these terms of service, the WeCycle mobile application software, any data supplied with the software, any data generated by the use of the software and any updates or supplements to it shall be referred to herein as the “App”.
1.3 TRAVELAI reserves the right to change, suspend, remove or disable access to the App and the Service at any time without notice. In no event shall TRAVELAI be liable for any loss, damage or inconvenience suffered by reason of it removing or disabling, or imposing limits on, access to or use of the App or the Service.
2. Eligibility
If you are less than 16 years of age, you must have your parent or legal guardian’s permission to use the App and to accept the Terms.
3. Acceptance of these Terms
3.1 By downloading, installing and/or using the App, you agree to comply with and be legally bound by these terms of service and the accompanying privacy policy viewable through the App which can also be viewed at travelai.info (the “Terms”). Before you use the App, you should read each document comprising the Terms carefully, and print or save a local copy for your records.
3.2 You represent and warrant that you have the full power, capacity and authority to accept the Terms. If you accept or agree to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
3.3 Upon your acceptance of the Terms, TRAVELAI grants to you, subject to the restrictions in clause 11, a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to you to use:
(a) the App; and
(b) the service you connect to via the App and the content we provide to you through it (the “Service”),
in each case as permitted in the Terms.
3.4 TRAVELAI grants to you personally the right to use the App and the Service as set out above Whilst you may have download the App on your mobile telephone or handheld device(s) (a “Device” or “Devices”) that you own, you may not otherwise transfer the App or the Service to any third party, whether for money, or other valuable consideration or for free. If you sell any Device on which the App has been installed, you must first remove the App from it.
3.5 If you download or stream the App onto any Device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with the Terms, whether or not you own the Device.
3.6 If you do not agree to the Terms, you must stop using the App and remove the App from the device(s) the App has been installed on. Failure to use the App and the Service in accordance with the Terms may subject you to civil and criminal penalties.
4. Changes to the Terms
4.1 TRAVELAI may from time to time change the Terms to reflect changes in law, or best practice, to introduce additional features or for other reasons.
4.2 If you have provided TRAVELAI with your email address within the app, we will give you at least 7 days notice of any change by sending you an email with details of the change. If you have not provided your email address within the app, the revised Terms will become effective upon posting to this page. Any use of the App after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the App.
4.3 In order to continue using the App and the Service, you must accept the notified changes. By accepting the notified changes to the Terms, you agree to be bound by such changes.
5. Terms that also apply
5.1 If you use the App and the Service in conjunction with any other TRAVELAI products, the TRAVELAI website or any other TRAVELAI application, (collectively, referred to as the "TRAVELAI Services"), your agreement with TRAVELAI will also include the terms applicable to those TRAVELAI Services. All of these are referred to as the "Additional Terms." If Additional Terms apply, they will be accessible to you either within or through your use of the applicable TRAVELAI Services. If there is any contradiction between the Additional Terms and the Terms, then the Terms will take precedence only as they relate to the App and the Service, and not to any other TRAVELAI Services.
5.2 The appstore from which you download the App may also require you to agree to their own terms when you download the App. The appstore’s rules and policies will apply in priority to these Terms where there are conflicts between the two.
6. Operating system requirements
To run, the App requires a Device with a minimum of 1Gb RAM memory and the Android operating system v4.1 or higher. New versions of the App may require updated operating systems and additional memory. TRAVELAI has no obligation to maintain support for out of date operating systems.
7. Support for the App and how to tell us about problems
7.1 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 including the FAQs sections at travel.info.
7.2 If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected].
7.3 If we have to contact you we will do so by email or by SMS using the contact details you have provided to us, or through the App.
8. Update to the App and changes to the Service
8.1 From time to time TRAVELAI may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. You will be prompted to download the updated App where a new version is released.
8.2 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 Service.
9. Data Collection
9.1 Further information about the data collection practices of TRAVELAI is contained in the Privacy Policy, available at travelai.info. TRAVELAI will only use any personal data collected through your use of the App and the Service in the ways set out in our privacy policy.
9.2 By using the App or the Service, you agree to TRAVELAI collecting and using technical information about the Devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
9.3 The App will make use of location data sent from your Devices. You can turn off this functionality and stop TRAVELAI collecting such data at any time by turning off the location services settings for the App on the relevant Device. However, without this functionality the App will not be able to perform its journey functions. If you use the App or the Service, you consent to TRAVELAI and its affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based, road traffic-based and all transport related products and services.
10. Third party websites
10.1 The App or the Service may contain links to other independent websites which are not provided by TRAVELAI. Such independent sites are not under the control of TRAVELAI, and TRAVELAI is not responsible for, and has not checked and approved their content or their privacy policies (if any).
10.2 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. License restrictions
You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service, or any source code or information derived therefrom in any form, in whole or in part to any person without prior written consent from TRAVELAI;
(b) not copy the App, or the Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service 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 Service on Devices as permitted in the Terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service 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 (the “Permitted Objective”), and provided that the information obtained by you during such activities:
(i) is not disclosed or communicated without the TRAVELAI’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
(ii) is not used to create any software that is substantially similar in its expression to the App;
(iii) is kept secure; and
(iv) is used only for the Permitted Objective;
(e) 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.
12. Your use of the App
12.1 You must:
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the 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;
(b) not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer, Device or database connected to the App;
(c) not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
(d) not infringe the intellectual property rights of TRAVELAI or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by the Terms);
(e) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(f) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise the systems or security of TRAVELAI or interfere with other users; and
(g) not collect or harvest any information or data from any Service or the systems of TRAVELAI or attempt to decipher any transmissions to or from the servers running any Service.
12.2 We will report any such breaches of this clause 12 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 the App will cease immediately.
13. Intellectual property rights
13.1 All intellectual property rights in the App and the Service throughout the world belong to TRAVELAI and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with the Terms. For the avoidance of doubt, TRAVELAI remains the owner of the App and the Service at all times.
14. Disclaimers
14.1 If you choose to use the App and Service, you do so at your sole risk. The App and Service are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, TRAVELAI explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. TRAVELAI makes no warranty that the App and Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. TRAVELAI makes no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained via the App or the Service.
14.2 The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meets your requirements.
14.3 No advice or information, whether oral or written, obtained from TRAVELAI or through the App or the Service will create any warranty not expressly made herein.
14.4 TRAVELAI explicitly disclaims all liability for any act or omission of any third party in relation to TRAVELAI’s provision of the App and the Service to you.
15. Viruses
We do not guarantee that the App will be secure or free from bugs or viruses.
16. Our responsibility for loss or damage suffered by you
16.1 TRAVELAI is responsible to you only for foreseeable loss and damage caused by TRAVELAI if we fail to comply with the Terms. 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 the Terms, both TRAVELAI and you knew it might happen.
16.2 Our aggregate liability to you relating to, arising out of, or in any way connected to the Terms, the App or the Service will not exceed the greater of: 50 Pounds Sterling (£50.00), or the total amount you have paid to us in the preceding twelve months. This limitation of liability will apply to the maximum extent permitted by applicable law.
16.3 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.
16.4 We are not responsible for events outside our control. If our provision of the App or the Service or support for the App or the Service 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 the App and Service you have paid for but not received.
16.5 TRAVELAI will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way connected with TRAVELAI, the Terms, the App or the Service.
16.6 The laws of some jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. 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.
16.7 Notwithstanding anything to the contrary in the Terms, in such cases, the liability of TRAVELAI will be limited to the fullest extent permitted by applicable law.
17. Indemnification
You agree to defend, indemnify, and hold harmless TRAVELAI, its directors, employees and shareholders from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
(a) your access to or use of the App and the Service, including information provided in connection therewith;
(b) your breach or alleged breach of the Terms; or
(c) any misrepresentation made by you.
You will cooperate as fully as required by us in the defence or settlement of any claim.
18. Assignment
18.1 TRAVELAI may transfer its rights and obligations under the 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.
18.2 You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.
19. Termination
19.1 We may end your rights to use the App and Service at any time by contacting you if you have broken the Terms in a serious way. If what you have done can be put right we may elect in our sole and absolute discretion give you a reasonable opportunity to do so.
19.2 If we end your rights to use the App and Service:
(a) you must stop all activities authorised by the Terms, including your use of the App and any Service;
(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; and
(c) we may remotely access your Devices and remove the App from them and cease providing you with access to the Service.
20. Disputes
20.1 You agree that the Terms and any claim, dispute or controversy arising out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims), the App or the Service, or any related transaction between you and TRAVELAI shall be governed by and construed in accordance with English law.
20.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
21. General
21.1 The Terms are agreed between you and us. No person shall have any rights under or connection with the Terms under the Contracts (Rights of Third Parties) Act 1999.
21.2 If any court or competent authority decides that any term of the Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
21.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
21.4 Our failure to enforce any provision of the Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
21.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under the Terms without our prior express written consent. TRAVELAI may assign, transfer, charge, sub-contract or deal in any other manner with all or any its rights under the Terms.
21.6 The Terms set forth the entire understanding and agreement between you and TRAVELAI with respect to the subject matter hereof.
21.7 The Terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
BY INSTALLING THE APP YOU AGREE TO THE TERMS DETAILED BELOW, WHICH SHALL BE BINDING, ON YOU.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE UNINSTALL THE APP.
1. Who we are
1.1 We are TRAVELAI LTD, a limited company registered in England with registered address at London Connectory, 160 Old St, London EC1V 9BW, UK and registered number 07960903 (referred to as "we", “us” and “TRAVELAI”).
1.2 We provide and operate WeCycle is a multi-modal journey planner mobile application that studies the speed, location and pattern of movement of a user, as well automatically route the user’s journey in the most efficient manner and allows users to search queries for how to get to somewhere. For the purposes of these terms of service, the WeCycle mobile application software, any data supplied with the software, any data generated by the use of the software and any updates or supplements to it shall be referred to herein as the “App”.
1.3 TRAVELAI reserves the right to change, suspend, remove or disable access to the App and the Service at any time without notice. In no event shall TRAVELAI be liable for any loss, damage or inconvenience suffered by reason of it removing or disabling, or imposing limits on, access to or use of the App or the Service.
2. Eligibility
If you are less than 16 years of age, you must have your parent or legal guardian’s permission to use the App and to accept the Terms.
3. Acceptance of these Terms
3.1 By downloading, installing and/or using the App, you agree to comply with and be legally bound by these terms of service and the accompanying privacy policy viewable through the App which can also be viewed at travelai.info (the “Terms”). Before you use the App, you should read each document comprising the Terms carefully, and print or save a local copy for your records.
3.2 You represent and warrant that you have the full power, capacity and authority to accept the Terms. If you accept or agree to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
3.3 Upon your acceptance of the Terms, TRAVELAI grants to you, subject to the restrictions in clause 11, a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to you to use:
(a) the App; and
(b) the service you connect to via the App and the content we provide to you through it (the “Service”),
in each case as permitted in the Terms.
3.4 TRAVELAI grants to you personally the right to use the App and the Service as set out above Whilst you may have download the App on your mobile telephone or handheld device(s) (a “Device” or “Devices”) that you own, you may not otherwise transfer the App or the Service to any third party, whether for money, or other valuable consideration or for free. If you sell any Device on which the App has been installed, you must first remove the App from it.
3.5 If you download or stream the App onto any Device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with the Terms, whether or not you own the Device.
3.6 If you do not agree to the Terms, you must stop using the App and remove the App from the device(s) the App has been installed on. Failure to use the App and the Service in accordance with the Terms may subject you to civil and criminal penalties.
4. Changes to the Terms
4.1 TRAVELAI may from time to time change the Terms to reflect changes in law, or best practice, to introduce additional features or for other reasons.
4.2 If you have provided TRAVELAI with your email address within the app, we will give you at least 7 days notice of any change by sending you an email with details of the change. If you have not provided your email address within the app, the revised Terms will become effective upon posting to this page. Any use of the App after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the App.
4.3 In order to continue using the App and the Service, you must accept the notified changes. By accepting the notified changes to the Terms, you agree to be bound by such changes.
5. Terms that also apply
5.1 If you use the App and the Service in conjunction with any other TRAVELAI products, the TRAVELAI website or any other TRAVELAI application, (collectively, referred to as the "TRAVELAI Services"), your agreement with TRAVELAI will also include the terms applicable to those TRAVELAI Services. All of these are referred to as the "Additional Terms." If Additional Terms apply, they will be accessible to you either within or through your use of the applicable TRAVELAI Services. If there is any contradiction between the Additional Terms and the Terms, then the Terms will take precedence only as they relate to the App and the Service, and not to any other TRAVELAI Services.
5.2 The appstore from which you download the App may also require you to agree to their own terms when you download the App. The appstore’s rules and policies will apply in priority to these Terms where there are conflicts between the two.
6. Operating system requirements
To run, the App requires a Device with a minimum of 1Gb RAM memory and the Android operating system v4.1 or higher. New versions of the App may require updated operating systems and additional memory. TRAVELAI has no obligation to maintain support for out of date operating systems.
7. Support for the App and how to tell us about problems
7.1 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 including the FAQs sections at travel.info.
7.2 If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected].
7.3 If we have to contact you we will do so by email or by SMS using the contact details you have provided to us, or through the App.
8. Update to the App and changes to the Service
8.1 From time to time TRAVELAI may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. You will be prompted to download the updated App where a new version is released.
8.2 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 Service.
9. Data Collection
9.1 Further information about the data collection practices of TRAVELAI is contained in the Privacy Policy, available at travelai.info. TRAVELAI will only use any personal data collected through your use of the App and the Service in the ways set out in our privacy policy.
9.2 By using the App or the Service, you agree to TRAVELAI collecting and using technical information about the Devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
9.3 The App will make use of location data sent from your Devices. You can turn off this functionality and stop TRAVELAI collecting such data at any time by turning off the location services settings for the App on the relevant Device. However, without this functionality the App will not be able to perform its journey functions. If you use the App or the Service, you consent to TRAVELAI and its affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based, road traffic-based and all transport related products and services.
10. Third party websites
10.1 The App or the Service may contain links to other independent websites which are not provided by TRAVELAI. Such independent sites are not under the control of TRAVELAI, and TRAVELAI is not responsible for, and has not checked and approved their content or their privacy policies (if any).
10.2 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. License restrictions
You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service, or any source code or information derived therefrom in any form, in whole or in part to any person without prior written consent from TRAVELAI;
(b) not copy the App, or the Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service 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 Service on Devices as permitted in the Terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service 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 (the “Permitted Objective”), and provided that the information obtained by you during such activities:
(i) is not disclosed or communicated without the TRAVELAI’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
(ii) is not used to create any software that is substantially similar in its expression to the App;
(iii) is kept secure; and
(iv) is used only for the Permitted Objective;
(e) 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.
12. Your use of the App
12.1 You must:
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the 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;
(b) not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer, Device or database connected to the App;
(c) not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
(d) not infringe the intellectual property rights of TRAVELAI or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by the Terms);
(e) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(f) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise the systems or security of TRAVELAI or interfere with other users; and
(g) not collect or harvest any information or data from any Service or the systems of TRAVELAI or attempt to decipher any transmissions to or from the servers running any Service.
12.2 We will report any such breaches of this clause 12 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 the App will cease immediately.
13. Intellectual property rights
13.1 All intellectual property rights in the App and the Service throughout the world belong to TRAVELAI and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with the Terms. For the avoidance of doubt, TRAVELAI remains the owner of the App and the Service at all times.
14. Disclaimers
14.1 If you choose to use the App and Service, you do so at your sole risk. The App and Service are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, TRAVELAI explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. TRAVELAI makes no warranty that the App and Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. TRAVELAI makes no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained via the App or the Service.
14.2 The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meets your requirements.
14.3 No advice or information, whether oral or written, obtained from TRAVELAI or through the App or the Service will create any warranty not expressly made herein.
14.4 TRAVELAI explicitly disclaims all liability for any act or omission of any third party in relation to TRAVELAI’s provision of the App and the Service to you.
15. Viruses
We do not guarantee that the App will be secure or free from bugs or viruses.
16. Our responsibility for loss or damage suffered by you
16.1 TRAVELAI is responsible to you only for foreseeable loss and damage caused by TRAVELAI if we fail to comply with the Terms. 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 the Terms, both TRAVELAI and you knew it might happen.
16.2 Our aggregate liability to you relating to, arising out of, or in any way connected to the Terms, the App or the Service will not exceed the greater of: 50 Pounds Sterling (£50.00), or the total amount you have paid to us in the preceding twelve months. This limitation of liability will apply to the maximum extent permitted by applicable law.
16.3 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.
16.4 We are not responsible for events outside our control. If our provision of the App or the Service or support for the App or the Service 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 the App and Service you have paid for but not received.
16.5 TRAVELAI will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way connected with TRAVELAI, the Terms, the App or the Service.
16.6 The laws of some jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. 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.
16.7 Notwithstanding anything to the contrary in the Terms, in such cases, the liability of TRAVELAI will be limited to the fullest extent permitted by applicable law.
17. Indemnification
You agree to defend, indemnify, and hold harmless TRAVELAI, its directors, employees and shareholders from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
(a) your access to or use of the App and the Service, including information provided in connection therewith;
(b) your breach or alleged breach of the Terms; or
(c) any misrepresentation made by you.
You will cooperate as fully as required by us in the defence or settlement of any claim.
18. Assignment
18.1 TRAVELAI may transfer its rights and obligations under the 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.
18.2 You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.
19. Termination
19.1 We may end your rights to use the App and Service at any time by contacting you if you have broken the Terms in a serious way. If what you have done can be put right we may elect in our sole and absolute discretion give you a reasonable opportunity to do so.
19.2 If we end your rights to use the App and Service:
(a) you must stop all activities authorised by the Terms, including your use of the App and any Service;
(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; and
(c) we may remotely access your Devices and remove the App from them and cease providing you with access to the Service.
20. Disputes
20.1 You agree that the Terms and any claim, dispute or controversy arising out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims), the App or the Service, or any related transaction between you and TRAVELAI shall be governed by and construed in accordance with English law.
20.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
21. General
21.1 The Terms are agreed between you and us. No person shall have any rights under or connection with the Terms under the Contracts (Rights of Third Parties) Act 1999.
21.2 If any court or competent authority decides that any term of the Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
21.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
21.4 Our failure to enforce any provision of the Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
21.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under the Terms without our prior express written consent. TRAVELAI may assign, transfer, charge, sub-contract or deal in any other manner with all or any its rights under the Terms.
21.6 The Terms set forth the entire understanding and agreement between you and TRAVELAI with respect to the subject matter hereof.
21.7 The Terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
