1 WHO WE ARE AND GENERAL CONDITIONS OF USE
1.1 We, Transport System Catapult Services Limited, incorporated and registered in England and Wales with company number 8041919, with our registered office at 170 Midsummer Boulevard, Milton Keynes, MK9 1BP license you to use:
1.1.1 the Eyeware Mobile Application Software (including any upgrades from time to time) to be used on Apple iOS and Android devices and any other app store which we may make the Eyeware Mobile Application Software available on from time to time ( “App”); and
1.1.2 the related online documentation (“Documentation”).
1.3 If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
2 YOUR PRIVACY
2.1 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2.2 By using the App, 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.
3.1 We will use reasonable efforts to make the App available at all times. However you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
3.2 We do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
4 LICENCE RESTRICTIONS
4.1 You agree that you will not, nor allow third parties on your behalf to (i) make and distribute copies of the App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.
4.2 The App is intended for use by you as an individual for your own purposes. You must not use the App for the purposes or for the benefit of:
4.2.1 any organisation to which you belong or which employs you or for which you may be working in some other way;
4.2.2 any customer of any such organisation; nor
4.2.3 any other person.
4.3 You must:
4.3.1 not use the App 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, or any operating system;
4.3.2 not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
4.3.3 not collect or harvest any information or data from our systems or the App attempt to decipher any transmissions to or from our servers.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 All intellectual property rights in the App and the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these terms.
6 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 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 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. Under no circumstances will we be liable for any indirect, consequential or special loss.
6.2 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.
6.3 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. 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.
6.4 Limitations to the App. The App is provided for general information and entertainment purposes only. 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. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
6.5 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.
6.6 Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the relevant app store site and in the Documentation) meet your requirements.
6.7 We are not responsible for events outside our control. If our support for the App 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.
7 WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
7.1 We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
7.2 If we end your rights to use the App:
7.2.1 you must stop all activities authorised by these terms, including your use of the App;
7.2.2 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; and
7.2.3 we may remotely access your devices and remove the App from them.
8 APPSTORE’S TERMS ALSO APPLY
8.1 The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the Apple App Store, and the Google Play Store, which can be found here (Apple App Store) and here (Google Play Store).
9 CHANGES TO THESE TERMS
9.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
9.2 If you do not accept the notified changes you may continue to use the App in accordance with the existing terms but certain new features may not be available to you.
10 UPDATES TO THE APP
10.1 From time to time we may automatically update the App. Alternatively we may ask you to update the App for these reasons.
10.2 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. We take no responsibility for any interruption in your use of the App caused by your failure to update the App.
11 WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
11.1 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the
English courts. If you are a resident of any other European Union country or Switzerland, Norway or Iceland, you can bring legal proceedings in respect of the products in either the courts of England or the courts of your usual place of residence. This agreement will not prevent you from relying on the mandatory laws in your country of residence