Essex Highways, Safer, Greener, Healthier

Terms and conditions for TravelEssex

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY INSTALLING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL THE APP.

Who we are and what this agreement does

We, Essex County Council, of County Hall, Chelmsford, Essex, CM1 1QH license you to use:

  • Travel Essex mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
  • The service you connect to via the App and the content we provide to you through it (Service), subject to the acceptance of any specific the Terms and Conditions for the provision of the Service.

as permitted in these terms.

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy statement.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Additional terms for specific services

In addition the Services set out below will be governed by the following terms of use and privacy policies:

Service Web address of terms of use Web address of privacy policy
DigiGO on-demand transport service www.essexhighways.org/digigo No separate policy
Essex County Council Privacy & Data Protection   www.essex.gov.uk/topic/privacy-and-data-protection
Essex County Council website www.essex.gov.uk/terms-conditions www.essex.gov.uk/cookies

Google Play Store's and/or Apple Store's terms also apply

The ways in which you can use the App and Documentation may also be controlled by the Google Play Store's rules and policies and/or by the Apple App Store’s rules and policies and Android Play Store’s and/or Apple Store’s rules and policies (as relevant) will apply instead of these terms where there are differences between the two.

Operating System Requirements

This App requires a smartphone device with Android or iOS operating system. Minimum operating system for Apple devices is iOS Version 12 and Android 5.0 for Android.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.essexhighways.org/digigo.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at travelessex@essex.gov.uk.

How we will communicate with you. If we have to contact you we will do so by email, by SMS text messaging, in-App messaging, or by pre-paid post, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto unlimited devices and view, use and display the App and the Service on such devices for your personal purposes only.
  • use any Documentation to support your permitted use of the App and the Service.
  • provided you comply with the Licence restrictions, make copies of the App for back-up purposes; and
  • 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.

You must be 13 to accept these terms and download the App

You must be 13 or over to accept these terms and download the App.

You may not transfer the app to someone else

We are giving you personally the right to use the App and the Service as set out above [LINK TO "HOW YOU MAY USE THE APP" section below]. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional or changed features which we introduce

We will give you at least 7 days’ notice of any change by sending you an email or in-app message or push notification, informing you with details of the change.

By continuing to use the App after such notice, you accept the updated policies. If you do not accept the notified changes, you must uninstall the app from your device and you will not be permitted to continue to use the App and the Service.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service 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 Services.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We may collect location data (but you can turn location services off)

Certain Services, including, but not limited to, Travel Essex and DigiGo, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

You may stop us collecting such data at any time by turning off the location services settings in your device settings for the App but the App and Services will not be fully functional.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • 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 make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time;
  • not circumvent, disable, or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App;
  • not remove, alter, or obscure any proprietary notice or identification, including copyright, trademark, patent, or other notices, contained in or displayed on or via the App;
  • not use our logo or trademarks without our prior written consent;
  • not use any communications systems provided by the App to send unauthorised and/or unsolicited communications;
  • not copy the App, Documentation or 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;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the 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 Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

  • not use the App or any Service 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 Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • 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; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual Property Rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

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 direct loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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 any indirect or consequential loss.

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.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation in our absolute and sole discretion. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for the following purposes only:

  1. to access public transport information and journey planning; and
  2. to access our Demand Responsive Transport services.

They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the App or the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider, or the quality or nature of third- party products or services obtained through the App or the Service.  You use the App and the Service at your own risk.  The App and the Service is provided on an “as is” and “as available” basis. 

Essex County Council expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to warranties as to the services offered, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  Essex County Council makes no warranty that i) the service will meet your requirements, ii) the service will be uninterrupted, timely, secure, or error-free, iii) the results that may be obtained from the use of the service will be accurate or reliable, iv) the quality of any service available will meet your expectations, or v) any errors in the service will be corrected.

Essex County Council makes no warranty that the App or the Service or the server that makes the Service available are free of viruses or other harmful components.

Any material downloaded or otherwise obtained through the use of the App or the Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND ANY THIRD-PARTY

SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. 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 contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms or our Terms of Carriage in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may cease providing you with access to the Services.

We may delete your account and remove access to the Services.

We may transfer this agreement to someone else

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 the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

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

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.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

Feedback and complaints

If you have any questions, feedback or complaints about the product, please contact us. You can write to us at travelessex@essex.gov.uk.

Should you consider that our response to your feedback or complaint is unsatisfactory, you may want to use the council’s complaints process