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Terms of Service

Trav.ly Trial Evaluation by Leeds University – Your Personal Data & Its Use

Please be aware that for a period following the initial release of the Trav.ly App your travel data will be analysed by Leeds University in order to investigate how the app may help improve public travel within West Yorkshire.

The analysis of your data will include all data up to and including 31 July 2018 (the Initial Analysis Period). We reserve the right to change these dates, and will notify you of any changes to the Initial Trial Period. If you wish to find out further information about how your data will be analysed please review the Participant Information Sheet by clicking on this link https://www.trav.ly/PIS.pdf.  There you will also find out how to exclude your data from the analysis.  

Please note that any personal travel data collected for analysis will be anonymised and processed in accordance with Data Protection Legislation.

The Trav.ly Application Terms and Conditions are outlined below.  Accepting them indicates your consent for Leeds University to analyse your anonymised personal travel data – unless you choose to exclude your data.

Trav.ly Application Terms and Conditions

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 App downloaded onto your phone;
• “Data Protection Legislation” means all applicable laws and regulations relating to the processing of Personal Data and privacy including the Data Protection Act 1998, the General Data Protection Regulation 2016/679, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated. The terms “Personal Data”, “Data Controller”, “Data Processor” and “process” (in the context of usage of Personal Data shall have the meanings given to them in the Data Protection Legislation;
• “Routes” means the routes on which tickets bought through the App are valid as described in the App;
• "Sagepay" means the Sagepay payments system operated by Sage Pay Europe Limited;
• "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 App;
• "Ticket" means the ticket screen on Your phone which you show the bus driver;
• "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, represented by the West Yorkshire Combined Authority, whose principal office is at Wellington House, 40-50 Wellington Street, Leeds, LS1 2DE.

The Trav.ly consortium consists of O2, FirstGroup, 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 using the App who shall be subject to these Terms.

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

When purchasing and using tickets within the App, You agree to:

• Purchase and redeem Tickets on your phone. 
• Connect Your phone to the internet via Wi-Fi or a mobile data link whilst using the App to redeem Tickets.
• Allow your data to be used anonymously to assess travel patterns and to improve the user experience of the App.

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 the App developers Molten Mouse and shared by Molten Mouse with our Partners or our agents  which shall include but are not limited to: O2, FirstGroup, West Yorkshire Combined Authority, SYPTE, Leeds City Council, University of Leeds, Enterprise Car Club, Arup and Forum for the Future. This data will be used for the purposes of monitoring and improving the App as set out further below.

Your information will be treated in accordance with the Privacy and Data Collection section set out in these Terms and Conditions, and with the Privacy Policy which can be viewed at the following link [insert link].

Device Requirements

You must have either: 

• an Apple iPhone 5 or later running iOS 9 or later; 
• or an Android Mobile phone running android version 4.4

The App cannot be downloaded and doesn’t work on Microsoft Windows and Blackberry devices. 

Support Line

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

MetroLine on 0113 245 7676
email at metroline@westyorks-ca.gov.uk 

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

You will register on the App and set up a means of payment using a debit card or credit card. Payment details will not be retained by the App or by the Trav.ly System. Payment details will be held by Sagepay for audit and refund purposes only. 

Tickets will only be released to the customer after payment has been taken. 
 
Trav.ly do not offer refunds for tickets bought incorrectly.  

For any queries about any purchases made in the App, please contact the Support Line. 

Validity and Travel

Tickets bought on the App will only be accepted on the appropriate Routes, according to the ticket validity described in the App.

The App cannot be substituted for other travel tickets or used on routes outside of the Routes included in the ticket validity.

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. Once a ticket is validated it becomes active and will only then be valid for that time period.

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. 

The App is non-transferrable and can only be used by You as the registered participant. Once a ticket is activated then that ticket can only be used on one device.

We reserve the right to terminate without refund any Account which in Our opinion is believed to be misused.

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 App at any point in the future. You will be notified by email or text as soon as reasonably practicable, and offered refunds for any tickets unused.

We reserve the right to amend these Terms at any point in the future. You will be informed of any amendments and will have the option to accept or decline the terms, however, if you choose not to accept any updated terms, this will mean you will no longer be able to use the App services.

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 use of the App, 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 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. 

Privacy and Data Collection

Personal data collected will be processed in accordance with the Data Protection Legislation. We require You to provide data for all of the mandatory fields when signing up to the App (including your name, email address and gender)  in order for you to use the full functionality of the App, including ticket purchase.  However, if You request for your personal data to be excluded from the anonymised data sets used by Our Partners for the purpose of the analysis described in the Personal Information Sheet, You may continue to use the App. 

The purpose of data collection is to:
•	allow users to use the features of the app;
•	enable the identification of improvements to the app; and
•	allow the trav.ly consortium to monitor the app and to contact you directly following the Initial Analysis Period to follow up with You about Your use of the App for research purposes.
The Data Controller and Data Processor will be the developer Molten Mouse. 

Personal data will be held and processed only to the extent required to provide App services including payments, resolve any customer service issues arising through Your use of the App, and  resolve any issues shared with Us through the Support Line. Personal data will only be retained as long as you remain a user of the App, and can be deleted on request, subject to any law or regulations requiring retention of this information..

In addition, anonymised Travel data will be shared by Molten Mouse with Our Partners (O2, FirstGroup, West Yorkshire Combined Authority, SYPTE, Leeds City Council, University of Leeds, Enterprise Car Club, Arup and Forum for the Future) for the purposes of analysing the App, as set out in the Participant Information Sheet. The findings from analysis of the anonymised data may be shared with other parties.


Non-anonymised data will not be transferred outside the UK

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 registering an account, You confirm that You have read and agree to be bound by these Terms.