Terms of use - WESTlink

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West of England Combined Authority (“WECA”) Westlink mobile application: end user licence agreement (“EULA”)

Please read this agreement carefully before you register or use the app.

INFORMATION ABOUT US AND HOW TO CONTACT US

We are the West of England Combined Authority (“WECA”) and our office is located at 70 Redcliff Street, Bristol, BS1 6AL. We provide the Westlink mobile application (the “App“) to facilitate demand responsive transport on certain bus services in the west of England (the “~WESTlink~ Services”) by offering a platform for you to pre-book your bus journeys and providing that booking information to the relevant bus operator.
You can contact us by calling our customer services number on 0117 457 8561.

EULA TERMS

WECA does not operate bus services, and your use of any vehicles requested via the App is subject to the conditions of carriage for the operator of the Westlink Services on which you are booked, as set out in term 15 of this EULA.
This EULA contains the terms and conditions on which we will provide you with Westlink Services and digital content via the App.
In addition to this EULA, your use of the App is also subject to any other terms brought to your attention when using the App. In registering and using our App, you agree to comply with this EULA and any restrictions or other terms brought to your attention when registering via the App or when using it from time to time.

REGISTRATION AND LOG-IN DETAILS

The App can be downloaded from both the Apple and Android application stores on your smart phone or tablet. In order to use the App, you must register certain information to create an account for use with the App. In order to create your account you must provide a username, password, UK mobile phone number and email address.
You are responsible for any activity resulting from the use of your log-in credentials on the App.
You represent and warrant that the information you provide to WECA upon use of the App and at all other times in the booking process will be true, accurate, current, and complete.
To use the App, you need to log-in by providing the username and password you created at registration. Your account is personal to you, and you may not share your account information with a third party.
f you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify WECA customer services on 0117 457 8561. You will be solely responsible for the losses incurred by WECA and others due to any unauthorised use of your account.

Westlink SERVICES

The App will enable you to pre-book and track travel on bus operator vehicles that provide the Westlink Services. The App is designed to cover all elements of booking the Westlink Services including confirmation of your pick-up point and all other Westlink Services available to you via the App. Once a booking has been made, push notifications on smartphones or tablets can also be enabled to set travel reminders and to provide you with additional updates on your journey closer to the day of travel such as the vehicle registration and a live estimated time of the vehicle’s arrival.
From time to time we may automatically update the App and change the Westlink Services 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 Westlink Services.
In return for you agreeing to comply with these terms you may:

a) download or stream a copy of the App onto your mobile telephone and/or handheld device and view, use and display the App and the Westlink Services on such devices for your personal purposes only; and
b) 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.

ADDITIONAL TRAVELLERS

If you make a booking and multiple people are travelling in your party, you, as the holder of the account associated with the booking, are responsible for the conduct of everybody travelling in your party.
When you make a booking for multiple people, you must indicate how many people are travelling in your party. If you do not provide these details, the bus operator shall be entitled, at their sole discretion, to refuse boarding for additional passengers in your party.

PAYMENT AND CANCELLATIONS

The fares for the Westlink Services will be shown through the App at the time of booking, and will be charged to the credit or debit card stored on your account once you have completed your journey. Fares are subject to change.
All fares are non-refundable.
The terms applicable to cancellation of bookings, lateness, or any failure to be present at the pickup location at the time specified by the App are set out in the operator’s conditions of carriage. Where you breach those terms, we reserve the right to cancel any existing bookings you have and/or suspend operation of your account at our sole discretion and to not take any further bookings from you for such period of time as we deem appropriate.
If we choose to cancel your existing bookings or suspend your account, you will be notified of our decision in writing (including the reasons for such decision).
We may reinstate your account following a suspension at our sole discretion. If your account is reinstated you will need to rebook any journeys that you may have previously intended to travel on subject to availability.

COMMUNICATIONS

By registering to use the App you agree that you have read and understood WECA’s Westlink Privacy Policy available at westlink.app/privacy. Our Privacy Policy explains how we handle and use your personal data.
You agree to receive SMSs and calls in respect of your journey on the mobile number you provided to us when registering for use of the App. SMS text message and data rates, as determined by your wireless carrier, may apply.
By registering to use the App or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the App or sending an SMS to you.

LICENCE TO YOU

Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Westlink Services, solely as expressly permitted by these terms and in compliance with all applicable laws. Nothing in these terms should be interpreted as granting to you any licence or right to use any of the Westlink Services, WECA marks or any Via Technologies Europe B.V. (“Via”) intellectual property without the express written permission of WECA, Via or the relevant third-party owner, as applicable. The limited licence described above is revocable at any time without notice and with or without cause.

THIRD-PARTY CONTENT, RESTRICTIONS AND ACCEPTABLE USE

You are responsible for your actions when using and relying on the App or content available through the App.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties. You accept that any reliance on material posted by other users or third-party providers of Westlink Services will be at your own risk.
You agree to use the App only for its intended purpose. You must use the App in compliance with all privacy, data protection, intellectual property, and other applicable laws. You agree that you will:

a) except as permitted elsewhere in this EULA, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Westlink Services in any form, in whole or in part to any person without prior written consent from us;
b) not copy the App or Westlink 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;
c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Westlink Services nor permit the App or the WESTlink 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 Westlink Services on devices as permitted in these terms;
d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Westlink Services nor attempt to do any such things;
e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or Westlink Services;
f) not use the App or any Westlink Services 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 Westlink Services or any operating system;
g) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Westlink Services (to the extent that such use is not licensed by these terms);
h) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Westlink Services;
i) not use the App or any Westlink Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
j) not collect or harvest any information or data from any Westlink Services or our systems or attempt to decipher any transmissions to or from the servers running any Westlink Services;
k) not use data mining, robots, web spiders, viruses or worms or other data gathering devices on or through the App, including any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the App;
l) not post or upload to the App incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
m) not disclose personal information about another person, or post, send or store infringing, obscene, threatening, libellous or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or degrade another person;
n) not sell, transfer, or assign any of your rights to use the App to a third party without our express written consent;
o) not post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms;
p) not use the App in an illegal way or to commit an illegal act in relation to the App or that otherwise results in fines, penalties, and other liability to WECA or others; or
q) not access the App from a jurisdiction where it is illegal or unauthorised.

INTELLECTUAL PROPERTY

Ownership of all intellectual property in the App software belongs to our licensors. WECA is authorised to provide you with a licence to use the App, strictly subject to your compliance with all of your obligations as set out in this EULA.
You have no intellectual property rights in, or to, the App or the Westlink Services other than the right to use them in accordance with these terms.
You understand and agree that you will not obtain as a result of your use of the App, any right, title or interest in or to such content delivered via the App or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in the content. The WECA and Via logos, and the product names associated with the App are trademarks of WECA, Via or third parties, and no right or licence is granted to use them.
Certain materials made available for download from or through the App may be subject to additional or different licence terms and conditions. Except as provided within these terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the App.

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 give you at least 14 days’ notice of any change by notifying you of a change when you next start the App.
If you do not accept the notified changes you may not be permitted to continue to use the App and the Westlink Services. If you are permitted to continue to use the App and the Westlink Services in accordance with the existing terms, certain new features may not be available to you.

PREVENTION OF ACCESS

We reserve the right to suspend or terminate your account and prevent access to the App for any reason, at our discretion. We reserve the right to refuse to provide you with access to the App in the future.
If you do not act acceptably in accordance with the terms of this EULA, we may prohibit your use of the App.
Via may suspend your right to access or use the App if Via determines, in its reasonable discretion, that you: a) pose a systemic security risk to or may materially harm the APP, the Westlink Services, or any third party; or b) may materially adversely impact the services, systems, or content of Via or any other Via customer.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these terms and your use of the App.
If we end your rights to use the App and Westlink Services:

a) you must stop all activities authorised by these terms, including your use of the App and any Westlink 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;
c) we may remotely access your devices and remove the App from them and cease providing you with access to the Westlink Services.

LIABILITY

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. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We are not responsible for the bus operator’s failure to carry out your journey in accordance with the booking you made with us, any delays in the pickup or drop off times or for any loss or damage you suffer as a result of travelling with the bus operator carrying out your pre-booked journey. Any matters relating to your journey with the bus operator are governed by separate conditions of carriage as set out in term 15 below.
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 or for breach of your legal rights in relation to the App.
We only supply the App for domestic and private use. If you use the App for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for the actions of users when they use the App. We may also change the App at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the App or other websites.
We may change, suspend, or discontinue any aspect of the App at any time, including hours of operation or availability of the App or any feature, without notice or liability.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the App. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any bus operators that are used to carry out your booked journey.
We are not responsible for events outside our control. If our provision of the Westlink Services or support for the App 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.

OTHER IMPORTANT TERMS

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 these terms.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
These terms are between you and us. No other person shall have any rights to enforce any of the terms.
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.
Even if we delay in enforcing this contract, 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 contract, 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.
These terms are governed by English law and you can bring legal proceedings in respect of these terms in the English courts.

CONDITIONS OF CARRIAGE

When you use the App to book a journey, you enter into these terms with us. However, in making the booked journey you enter into a contract with the bus operator carrying out your journey. The bus operator has conditions of carriage which set out your legal relationship with that bus operator in respect of your journey on their vehicle(s).
You must familiarise yourself with the bus operator’s conditions of carriage before making your journey. The operator’s conditions of carriage for Westlink Services can be found at westlink.app/conditions-carriage.

March 2023 Version.