Terms and Conditions
This mobile application (the “App”) is made available by the Supplier, a company limited by guarantee and registered in England and Wales with number ?????? and with registered address Address 1, address 2, EC2M 5QQ (“Supplier”, “us”, “we” or “our”).
You, the user of the App, confirm your acceptance of these App terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms are available from within the App and the use of the App is also subject to our Privacy Policy.
App and Related Terms
Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms, then these App Terms will prevail.
We may from time to time vary these App Terms and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. 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 services. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
Use of the App
You must be at least 18 years of age and resident in the UK to use the App. The App is designed for use on the Derbyshire Road Network.
The Supplier hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by the Supplier.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third-party charges as may arise, and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You will be responsible for complying with these App Terms, whether or not you own the phone or other device.
In addition, you agree to 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
Licence restrictions
You agree that you will:
- >except in the course of permitted not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the services in any form, in whole or in part to any person without prior written consent from us.
- >not disassemble, de-compile or reverse engineer the App.
Intellectual Property
The Supplier and PTMS name and logo, and other PTMS trademarks, service marks, graphics and logos used in connection with the App are trademarks of and belong to the Supplier (collectively “Supplier Trademarks”).
Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”).
The Supplier Trademarks and Third-Party Trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Supplier or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to the Supplier and its licensors.
You have no intellectual property rights in, or to, the App or the services other than the right to use them in accordance with these App Terms.
Prohibited Uses
You agree not to use the App in any way that:
- >is unlawful, illegal, or unauthorised.
- is defamatory of any other person.
- is obscene, offensive, or otherwise objectionable.
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- infringes any copyright, database right or trademark of any other person.
- is likely to harass, upset, embarrass, alarm, or annoy any other person.
- is likely to disrupt our service in any way; or
- not use the App or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users
- advocates, promotes, or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Indemnification
You agree to indemnify the Supplier for any breach of these App Terms. The Supplier reserves the right to control the defence and settlement of any third-party claim for which you indemnify the Supplier under these App Terms and you will assist us in exercising such rights.
No Promises
The Supplier provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, although, we make reasonable efforts to update the information provided by the App and the service, the Supplier does not warrant, guarantee, or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.
Reliance on Information
The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation.
Exclusion of Supplier Liability
Nothing in these App Terms shall exclude or in any way limit the Supplier liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall the Supplier be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
The Supplier shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
If our provision of the services or support for the App or the services is delayed by an event outside our control, then we will take steps to minimise the effect of the delay. We will not be liable for events outside our control.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall the Supplier liability arising under or in connection with these App Terms and your use of the App exceed £1.00.
General
These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Contact Us
If you have any questions regarding our App, you can email us at ...