Terms & Conditions
trav.ly Application Trial Terms and Conditions

These Terms and Conditions (the "Terms") apply to the trial of the trav.ly app which allows You to travel on a bus route set out in these Terms (the "Trial"), due to take place from 30th October up to and including 12th November (the "Trial Period"). We reserve the rights to change these dates. Only invited participants can take part in the Trial.

Definitions

In these Terms the following words shall have the following meanings:
• "Account" means the trav.ly Account registered to the App on Your phone;
• "App" means the iOS trav.ly application downloaded from the App Store;
• "Braintree" means Braintree Payments, a division of PayPal, which will transfer money between You and Us, including any refunds;
• "trav.ly System" means the trav.ly system that identifies journeys made, calculates fares and keeps record of Your funds;
• "Partners" means Our partners providing this Trial;
• "Ticket" means the Park and Ride ticket screen on Your phone which you show the bus driver;
• "Routes" means the routes included in the Trial as set out in these Terms;
• "Sync(d)" means synchronisation of data between the App and the trav.ly System, which requires Your phone to be connected to the internet;

"We" or "Our or "Us" means the trav.ly consortium, promoted by the West Yorkshire Combined Authority, whose principal office is at Wellington House, 40-50 Wellington Street, Leeds, LS1 2DE and Partners as the organisers of this Trial;

The trav.ly consortium consists of O2, FirstGroup, C3, West Yorkshire Combined Authority, SYPTE, Leeds City Council, University of Leeds, Enterprise Car Club, Arup and Forum for the Future.

"You" or "Your" means the person invited to participate in the Trial who shall be subject to these Terms, and shall be a passenger on any of the Routes set out in these Terms and local bye-laws and the conditions of carriage of First Group.

All expressions used in these Terms are not meant to exclude or refer to any one gender in particular, nor to refer only to the singular where the plural is appropriate and vice versa.

Headings shall not affect the interpretation of these Terms and are for convenience only.

Your Responsibilities

During the Trial Period, in order to participate in the Trial, You agree to:
• Purchase and redeem Tickets on your phone. These will be available at a discount, costing £2 instead of £3 return
• Report to Us any problems with journey fare transactions.
• Connect Your phone to the internet via Wi-Fi or a mobile data link whilst using the App to plan your journey and redeem Tickets
• Reasonably participate in trial surveys; and
The App is free to download, however, data charges may be incurred from Your network provider when downloading or using the App. You are responsible for any such costs. For the avoidance of doubt, We will not be responsible for any network connectivity issues that You may experience.

You agree that the information supplied by You to Us may be used by Us for the purpose of further improving/developing the app.

Your information will be treated in accordance with the Data Protection Act 1998.

Device Requirements

You must have an Apple iPhone 5 or later running iOS 9 or later.
The App cannot be downloaded and doesn’t work on Android, Microsoft Windows and Blackberry devices. We may be amend the devices covered by the Trial at Our discretion during the Trial Period.

Support Line

Should You experience any problems using the App, We can be contacted via:

MetroLine on 0113 245 7676
email at

Should you have any queries regarding fares and charges specifically, support is available through MetroLine Monday to Friday 09:00am to 4.00pm.
We will endeavour to solve problems during Your initial call. Any queries that are not resolved will be passed to the support team for resolution.

Payments

When using the App during the Trial Period, Your travel will be charged at a reduced rate while travelling on the Routes.

You will register on the App and set up a means of payment using a debit card, credit card, Apple Pay or PayPal account. Payment details will not be retained by the App or by the trav.ly System. Payment details will be held by Braintree for audit and refund purposes only. You will be charged accordingly with reference C3UK LTD LONDON GB or Braintree/Paypal.

Your money will be held until You have completed Your travel using the App each day. A charge will then be paid to the bus company as fares.

Your Account balance will be debited at the end of each working day, or as soon as the data has been Sync’d and processed.

You have seven days after travel to correct journey details and receive any applicable or additional charges. The seven days include days where Your phone may not have Sync’d.

You can check all journeys made and applicable charges from the App. The list of transactions may not be up to date, depending on the time of day and when the App was last Sync’d.

Validity and Travel

The App will only be accepted on the Routes for the Trial Period.

The App cannot be substituted for other travel tickets or used on routes other than the Routes.

For travel purposes day Tickets start at 00:01 (1 minute past midnight) and end at 00:00 (midnight) the following day.

You will need to activate your Ticket on your phone screen before boarding the bus. This will generate your Ticket to show the driver. In the event that You have not connected to a data or Wi-Fi connection to Sync before starting a journey, (this could take several minutes), Your Ticket may be delayed and You may be unable to use the App to travel on that particular bus. For the avoidance of doubt, only activate the Ticket just before boarding the bus.

You will need to keep Bluetooth turned on for the whole journey and for 5 minutes after the journey has been completed. This will ensure that You are charged the correct discounted fare for Your journey. Failure to do this could lead to You being charged in full to the end of the journey.

The App will automatically Sync when a Wi-Fi or data network is available.

You shall ensure that some other form of payment is available during travel in case the App fails to work. Should there be a problem with the App, We will use reasonable endeavours to contact you by email as soon as possible, to inform You of the same and of any possible rectifications. Full details of any problems should be reported to the support line.

You will be required to show the Ticket to the driver or ticket inspector when required by them. Your phone must have sufficient battery charge to be able to display the Ticket to the driver upon boarding and if requested, to a bus official throughout the journey. If you fail to present a valid Ticket screen, the driver of the bus will not be obliged to allow you to travel using the App and You may be required to purchase a cash ticket in order to travel. If this occurs then please contact Us.

The App is non-transferrable and can only be used by You as the registered participant. It is locked to the registered phone to which it has been downloaded and cannot be copied, sent or transferred to another device. Multiple passengers cannot board with simultaneously activated Tickets on one device.

We reserve the right to terminate without refund any Account which in Our opinion is believed to be misused. Any journeys that have been activated accidently or which have been downloaded to phones which have subsequently been lost or stolen may be refundable at Our discretion.

Intellectual Property

We reserve all copyright, intellectual property rights and other rights in the App and to any information, idea, design, computer program, database, textual, graphical, or other material comprised in the App or otherwise provided by Us in relation to this Trial. This material may not be reproduced or copied by any means whether electronically or not without Our prior written consent.

Termination and Withdrawal

We reserve the right to terminate the Trial at any time during the Trial Period. Should this occur, You will be notified by email or text as soon as reasonably practicable.

We reserve the right to terminate or amend the Trial and these Terms at any point.

You can withdraw from the Trial at any time by contacting Us either by telephone or email. We will respond to You to ensure that the withdrawal request is genuine and will ask for Your feedback on Your experience. Your Account will be frozen and any credit in the Account will be refunded to You.

Liability

Any use of the app by You is on an "as is" and an "as available" basis. You agree and accept that the App is not a fault-free service and is for Your own personal use and shall not be used for commercial purposes.

Links to third party websites and companies may be available in the App. Such third party websites are not the responsibility of Us and We accept no responsibility for the availability, suitability, reliability or content of such third party websites. Use of such third party websites and companies will be subject to the terms and conditions set out on the third party web-site or provided by the company.

Components of the App are supplied to Us by third parties and We cannot be held responsible for and do not accept any liability, either express or implied as to such components, including but not limited to their accuracy, relevance or quality.

You acknowledge and agree that We are not responsible for the availability of any third party products and services or what You access through the App. We shall not be held responsible or liable for any content available from such third parties

You agree that We shall not be liable for any claims, costs, liabilities, damages, expenses and losses arising out of Your participation in the Trial, including but not limited to:

(a) direct or indirect loss of income or profit;
(b) loss of use of the App;
(c) direct or indirect loss of business or missed opportunities; or
(d) any events outside of Our reasonable control.

Our maximum liability to the You under these Terms will be the balance on Your Account on the date any dispute is settled

Nothing in these Terms shall be construed to exclude or limit our liability for death or personal injury caused by Our negligence or any other liability which by law cannot be excluded or limited.

Data & Privacy

Personal data collected for the Trial will be processed in accordance with the Data Protection Act 1998 and will solely be used for the Trial and any follow up for the development of the trav.ly app.

Travel data will be anonymised, shared with Our Partners (O2, FirstGroup, C3, West Yorkshire Combined Authority, SYPTE, Leeds City Council, University of Leeds, Enterprise Car Club, Arup and Forum for the Future) for the purposes of the Trial. We will not share Your data with any other parties.

You are responsible for maintaining the confidentiality of Your password and Account details, and are fully responsible for all activities that occur under Your password or Account.

Governing Law

These Terms shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Acceptance

By entering into this Trial, You confirm that You have read and agree to be bound by these Terms.

Routes

The App is valid for use on the following Routes during the Trial Period:

• PR1 – Elland Road Park and Ride Service
• PR2 –Temple Green Park and Ride Service
Apple Inc. General End User License Agreement

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
trav.ly iPhone 8 Prize Draw



Key Terms:

Prize Draw Dates: [12 a.m. GMT] on 30th October to [5 p.m. GMT] on 12th November 2017 (Closing Date)



Entry: Entrants must complete the survey about the trav.ly app at http://trav.ly and select to be entered into the Prize Draw to win an iPhone 8 at the end of the survey by confirming your email address.

The trav.ly app is available to iOs users only (Ios 9 and above and iPhone 5 and above). You must be 18 or over to enter.

Draw Date: The Winner will be picked at random within two weeks of the Closing Date.   Prize: 64GB iPhone 8 with a Pay As You Go sim locked to the O2 network   The prize will be posted recorded delivery to the home address you provide.

  1. This Prize Draw is open to UK residents, excluding employees of O2, or any of its subsidiary companies, their families, agents or anyone else connected with this promotion. No third party entries, bulk entries or entries submitted by agents will be accepted.  O2 reserves the right to verify the eligibility of entrants.  O2 may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of an entry and the prize may be withheld until and unless O2 is satisfied with the verification.


  1. Only one entry per person and per email address is allowed. Entries not complying with these terms and conditions will be invalid.


  1. The Prize Draw runs during the Prize Draw Dates until the specified Closing Date. Entries received after this date and time will not be entered into the Prize Draw.


  1. The instructions provided at the point of entry form part of the terms & conditions of this Prize Draw, and in the event of a conflict, these terms & conditions take precedence.


  1. The winner(s) will be selected at random from all eligible entries received. Each winner will be notified within a reasonable time after the Draw Date or any subsequent draw either by email, mail or telephone.  The prize is awarded conditionally upon acceptance and if a winner is unable to be contacted after a reasonable period or if any prize is unclaimed or declined within a reasonable period, the prize shall be deemed as unclaimed or unaccepted and a supplementary winner may be drawn at O2's discretion. 


  1. O2 will not be responsible for any inability of a prize winner to take up the specified prize.


  1. Unless otherwise expressly stated, where the prize requires attendance at a specific venue, the winner and any permitted companions will be solely responsible for travel to and from the venue and all other expenses. O2 assumes no responsibility and is not liable for any costs, charges or expenses which winners may be required to pay at any time in connection with a Prize.  Any additional terms of entry specified by the venue will also apply which, in the case of events at The O2, can be viewed online at http://www.theo2.co.uk/web/guest/termsandconditions.


  1. O2 reserves the right to provide substitute prize(s) of similar value should the specified prize(s) become unavailable for reasons beyond its control. Cash or credit alternatives will not be offered. None of the prizes are transferable. Events may occasionally be cancelled for reasons outside O2’s control. O2 will endeavour to promptly update any relevant information but cannot issue refunds for texts sent or calls made before this occurs (where applicable). O2 will not be liable for any change of date or venue or cancellation of any event.


  1. O2 accepts no responsibility for incorrectly completed, lost or delayed entries, notices, acceptances, tickets or other documents related to the Prize(s).


  1. In the event of fraud, abuse, and/or an error affecting the proper operation of this Prize Draw, including the allocation of more prizes than are available, O2 reserves the right to end or suspend the Prize Draw; amend these terms & conditions; declare void the notification of winner(s); and/or to allocate available prizes by conducting a simple draw from all wrongly allocated winners.


  1. If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.


  1. The winner(s) may be required to participate in publicity connected with this Prize Draw and it is a condition of entry that the winner(s) agree to their name and country of residence being made publicly available if they win.


  1. The names of the major winner(s) may be obtained by sending a signed handwritten request along with a stamped self-addressed envelope detailing your request to the Marketing Team, Telefónica UK Limited, 260 Bath Road, Slough SL1 4DX, and marked with the name of the Prize Draw.


  1. Entrants’ data will be collected, stored and processed for the purposes of administering and assessing this Prize Draw. If a prize includes tickets to an event then for the purpose of administering the ticket allocation, O2 reserves the right to exchange information and data regarding tickets and applications with third party ticket providers and/or service providers.


  1. O2’s decision is final and no correspondence will be entered into.


  1. O2 reserves the right to suspend, cancel or amend the promotion and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms.


  1. This promotion is governed by English Law and is subject to the exclusive jurisdiction of the English courts.


  1. The promoter of this Prize Draw is Telefónica UK Limited, 260 Bath Road, Slough, Berkshire, SL1 4DX (“O2”).


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