Use of our mobile applications
Use of the West Midlands Combined Authority (WMCA) Mobile Applications provides you with access to West Midlands Combined Authority Transport Information in the form of the Service and is governed by these Terms and Conditions. By registering for and using the Service you ("You" or where applicable "Your") agree to be bound by these Terms and Conditions which are hereby incorporated.
West Midlands Combined Authority may at any time revise these Terms and Conditions without notice. It is up to You to regularly review the Terms and Conditions which will be available at wmnetwork.co.uk/terms-conditions/ Your continued use of the Service and the Mobile Application after a change has been made to the Terms and Conditions will be treated as Your acceptance of that change.
These terms are intended to set out the whole agreement between You and West Midlands Combined Authority and any prior communications between us are not included in this agreement.
West Midlands Combined Authority recommend that you read these Terms and Conditions carefully. If you do not think they set out the whole agreement between us, please make sure you ask for any additional terms to be put in writing. In that way West Midlands Combined Authority can avoid any problems surrounding what you expect us to do. West Midlands Combined Authority cannot accept any liability for any reliance placed by you on any statement or representation in relation to this Service, whether made by us or a third party, except to the extent that a statement or representation is made negligently by us.
Definitions In these Terms and Conditions"WMCA Marketing Material" means marketing and product information related to travel by bus, metro or train (including but not limited to details of ticket types and prices, special offers and concessionary arrangements);
"Intellectual Property Rights" means any patent, know-how, trade mark, or name, service mark, design right (in each case whether registered or unregistered), copyright, rights in passing off, database right, rights in commercial or technical information, any other rights in any invention, discovery or process and any other intellectual property rights, whether registered or unregistered and including applications for the grant of any such rights and all rights or forms or protection having equivalent or similar effect in each case in the United Kingdom and anywhere else in the world;
"Laws" means all the laws of England and Wales and the European Union and any other laws or regulations, regulatory policies, guidelines or industry codes which apply to the provision of the Services;
"Mobile Application" means the websites at www.wmnetwork.co.uk and Blackberry, Windows, Apple and Android platform applications for use with supported mobile devices;
"Service" means the provision by Centro to You of the Transport Information which You have registered to receive via the Mobile Application;
"Transport Information" means the timetabling, real time information and journey planning data for bus, train and metro journeys within the Centro area provided in the Service.
Your use of the Service
- West Midlands Combined Authority allow you the right to download, install and use the Mobile Application on your mobile handset accordance with these terms and conditions to receive the Service.
- You may not use the Mobile Application (or the Transport Information provided by the Service) for any purpose other than to access the Service for personal use. You do not and will not own the Mobile Application or the Transport Information or any information that is provided to you through it or the Service, but you may use these things in accordance with these terms and conditions.
Data charges and access
- The Mobile Application requires a correctly configured and functional internet data connection, both for its initial installation, and for use. It is Your responsibility to provide that connection.
- Data charges may be charged to you by your network provider depending on your tariff and/or your internet provider where accessed via personal computer. You are responsible for any such costs.
- West Midlands Combined Authority are unable to provide any warranties as to the levels of connectivity you will receive via your mobile handset or internet connection. West Midlands Combined Authority will not accept any responsibility for any connectivity issues you may experience.
- Please contact your network provider or internet provider if you require assistance configuring a data connection for your device or for advice on data charges particularly if you use the application on a mobile connection whilst outside the UK.
Support & Communications
- Our Mobile Application will not work on all mobile handsets. It is for You to establish suitability and compatibility of the Mobile Application with your device.
- West Midlands Combined Authority may send communications to you through the Mobile Application. These communications may include West Midlands Combined Authority Marketing Material, technical and support information, and information on updates or changes. By using the Mobile Application, you agree to us providing you with such communications. If you do not wish to receive West Midlands Combined Authority Marketing Material please contact us by email at CustomerRelations@wmca.org.uk
- West Midlands Combined Authority reserve the right to cease to operate and support the Mobile Application, or any version of it, or to alter the Mobile Application or Service, at any time without prior notification. If this happens, you will be unable to access the Services through the Mobile Application. Where West Midlands Combined Authority think that it is reasonable to do so, West Midlands Combined Authority also reserve the right to either require you to delete the Mobile Application, or to remotely deactivate the Mobile Application from your mobile handset.
Intellectual Property Rights
- You acknowledge and agree that West Midlands Combined Authority owns all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and the Mobile Application and that You shall not acquire any right, title, or interest in or to the Service, or the Mobile Application.
- You further acknowledge and agree that West Midlands Combined Authority owns all rights, title and interest, including without limitation all Intellectual Property Rights, in and to aspects of the Transport Information. Certain Transport Information remains the property of and is controlled and licensed by third parties. You agree that You shall not acquire any right, title, or interest in or to the Transport Information whether owned by West Midlands Combined Authority or a third party. West Midlands Combined Authority confirms it has the necessary permissions to allow You to access Transport Information owned by third parties provided You comply with these terms and conditions in using and accessing the Mobile Application and the Service and the Transport information. West Midlands Combined Authority shall not be liable in any way for any claims made by third parties against you or losses suffered by you where you have breached these terms and conditions.
- West Midlands Combined Authority hereby grants to You a non-transferable, non-exclusive, royalty-free licence to use the Service for the duration of these Terms and Conditions only. The licence shall come to an end simultaneously with them. If the licence is brought to and by written notice from West Midlands Combined Authority then the agreement between You and West Midlands Combined Authority for the Service shall determine simultaneously.
Updates & Availability
- From time to time, West Midlands Combined Authority may issue updates to the Mobile Application, in which case you may not be able to continue use of the version of the Mobile Application installed on your mobile handset without downloading the relevant update. Updates will be notified to you via your chosen application platform (Blackberry, Windows, Android or Apple) and will run automatically on any web based version of the Service.
- If West Midlands Combined Authority issue an update of the Mobile Application without disabling our earlier version installed on your handset, West Midlands Combined Authority nonetheless recommend that you download and install all updates issued. West Midlands Combined Authority cannot accept any liability for errors which become apparent in old versions of the Mobile Application.
- West Midlands Combined Authority are able to suspend access to the Service through the Mobile Application without prior notice to You and for any reason, including but not limited to when carrying out maintenance on the Mobile Application or the systems supporting it, or updating the Transport Data.
Disclaimer and Liability
- West Midlands Combined Authority shall use its reasonable endeavours to ensure that:
- the Transport Data is not defamatory, obscene or illegal; and
- the Mobile Application does not contain any virus. For the purposes of this paragraph 7.1.2, West Midlands Combined Authority obligations shall be limited to using commercially available virus checking software; and
- subject to clause 7.3, the Service (including the Mobile Application and the Transport Data) functions correctly and is accurate and complete as far as possible.
- You acknowledge and accept that West Midlands Combined Authority does not guarantee or represent that the Transport Information and/or the Service and/or the Mobile Application will always be accurate, complete or current or that access will be uninterrupted.
- You acknowledge and accept that it will not always be possible for West Midlands Combined Authority to comply with clause 7.1.3 and that consequently, the Mobile Application and the Transport Information making up the Service are provided to you free of charge and on an ’as is’ and "if available" basis and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, accuracy and security.
- Further, West Midlands Combined Authority expressly disclaim and exclude all warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise, with respect to the Mobile Application including, without limitation, as to the accuracy or completeness of the Transport Information and as to whether it is up to date.
- Subject to the other paragraphs of this paragraph 7, receipt of the Service and the Transport Information and downloading and use of the Mobile Application is entirely at Your own risk. West Midlands Combined Authority will have no liability or responsibility for any resulting damage to Your software or computer systems and/or handset and/or any resulting loss of data from Your use of (or inability to use) the Service or the Mobile Application pursuant to these Terms and Conditions and/or any reliance which You may place upon the Service or the Mobile Application or the Transport Information.
- West Midlands Combined Authority are not responsible for losses that result from, but are not directly caused by, any breach of these terms and conditions (such as loss of profits or opportunity), or that are not reasonable or foreseeable by West Midlands Combined Authority, even if West Midlands Combined Authority are made aware of the possibility of such losses. Our liability shall not, in any event, include losses related to any business of Yours, such as lost data, lost profits or business interruption.
- Nothing in these Terms and Conditions shall limit either West Midlands Combined Authority or Your liability for death or personal injury caused by negligence, and/or the negligence of either West Midlands Combined Authority or Your respective employees or agents or for fraud.
- West Midlands Combined Authority will use reasonable care and skill to carry out the Service and to provide the Service in accordance with these terms. West Midlands Combined Authority do not make any other promises and no other promises shall apply in respect of the availability, use or accuracy of the Transport Data, the Mobile Application and the Service.
- West Midlands Combined Authority shall use its reasonable endeavours to ensure that:
8. Confidentiality, Data Protection and Freedom of Information
- Both parties shall keep confidential any Confidential Information disclosed by the other party. Confidential Information includes, without limitation, information which is marked or expressed as being confidential, and any information which could reasonably be deemed to be confidential from its nature, content or the circumstances in which it is provided.
- Neither party shall disclose Confidential Information to anyone else except to its employees, agents and sub-contractors who need the information to fulfil these Terms and Conditions or the Service and/or to its professional advisers who are subject to a duty of confidentiality.
- This clause 8 will not apply to the whole or any part of the Confidential Information which is:
- lawfully obtained free of any duty of confidentiality and otherwise than directly or indirectly from the other party;
- already in the other party’s possession (which can be demonstrated by that other party from written records), other than as a result of a breach of this clause 8;
- in the public domain other than as a result of a breach of this clause 8;
- necessarily disclosed pursuant to a statutory or regulatory obligation but then only to the extent of such required disclosure;
- disclosed to the professional advisers, lawyers, auditors and bankers of each party under terms of confidentiality and those professional advisers, lawyers, auditors and bankers are bound by a duty of confidence; or
- disclosed with prior written consent of the other party.
- The obligations within this clause 8 shall survive termination of the Contract.
- You acknowledge that West Midlands Combined Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the EIR.
- You acknowledge that West Midlands Combined Authority may, acting in accordance with applicable laws, be obliged to disclose Confidential Information without consulting You or obtaining Your consent.
- An express waiver of any particular breach of these Terms and Conditions by West Midlands Combined Authority does not constitute a waiver of any subsequent breach of these Terms and Conditions.
- Failure by West Midlands Combined Authority to insist upon strict performance of any part of these Terms and Conditions, or any delay in or failure to exercise any rights or remedies to which it is entitled shall not constitute a waiver of such right or remedies.
- Termination of these Terms and Conditions by West Midlands Combined Authority shall not operate as a waiver of any of its terms.
- Waivers shall only be valid if given in writing, signed by the waiver and served upon the other party by first class post (to either the address given in Your registration or to West Midlands Combined Authority, 16 Summer Lane, Birmingham, B19 3SD as appropriate).
- These terms are intended to set out the whole agreement between You and West Midlands Combined Authority. Any prior communications between us are not included in this agreement.
- If any of these terms are found to be invalid by a court or at law then the remainder of these terms shall continue to apply to the extent that they still make sense without the unenforceable term(s).
- You accept, acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or your use of the Service, the Transport Data or the Mobile Application.
- Neither You nor West Midlands Combined Authority intend any third party to be able to enforce any of these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
- You and West Midlands Combined Authority agree that English law applies to these terms and conditions and that any dispute between us regarding the Service, the Mobile Application or the Transport Information or arising out of or in connection with these terms and conditions will only be dealt with by the English courts.
Wording for Disclaimer
All defined terms within this Disclaimer have the meaning set out in the terms and conditions at wmnetwork.co.uk/terms-conditions/
This disclaimer covers use of the Mobile Application. Disclaimers and limitations of liability which relate to the Service and the Mobile Application are contained in the terms and conditions at wmnetwork.co.uk/terms-conditions/ governing the Service.
Any information provided is provided on an "AS IS" and "IF AVAILABLE" basis and West Midlands Combined Authority expressly excludes and disclaims (to the extent permitted by law) all warranties, conditions, representations and terms whether express or implied by law with respect to the Mobile Application, the Service and the Transport Information including (without limitation) as to the accuracy or completeness of the Transport Information and as to whether it is up to date.
Nothing in this disclaimer excludes our liability for:
- death personal injury caused by our negligence; or
- fraudulent actions or omissions, or
- any liability which may both be limited or excluded by law
The use of the Mobile Application and the Service is governed by English law and you acknowledge and agree to the exclusive jurisdiction of the English courts to resolve any disputes.