User Licence Agreement

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF OUR TECHNOLOGY PLATFORMS.

BY USING ANY OF OUR TECHNOLOGY PLATFORMS, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

Definitions:

Agreement: this User Licence Agreement, which includes the terms and conditions below, as well as our Privacy Policy which can be found here: https://passengerassistance.com/privacy-policy

PA Marketing Website: the Passenger Assistance marketing website made available at https://passengerassistance.com/ by Transreport to Users to inform them about the Services, how it works and to answer any queries.

PA Mobile: the Passenger Assistance mobile application made available by Transreport to Users to facilitate the provision of the Services.

Services: the passenger assistance services made available to Users by Service Providers, the provision of which is facilitated by the Technology Platforms.

Service Providers: the persons, firms or companies who license any of the Technology Platforms from Transreport from time to time and who provide Services.

Staff: persons employed or engaged by Service Providers who are involved in the provision of the Services.

Technology Platforms: PA Mobile, PA Web, PA Marketing Website collectively and any other technology platforms made available by Transreport from time to time to facilitate the provision of the Services (such platforms may be amended or updated from time to time).

Terms: these terms and conditions

Third Party: any person or entity who is not party to this Agreement

Transreport: shall mean Transreport Ltd a private limited liability company incorporated and registered in England and Wales with company No. 09911874 whose registered office is at 15 Emerald Square, London, SW15 5FP. Transreport may also be referred to as “we”, “us” or “our”, in this Agreement.

Users: users of the Services. Users may also be referred to as, “you” or “your” in this Agreement.

In these Terms, the words “including” and “include” mean “including, but not limited to.” Furthermore, in these Terms, the plural will also include the singular, and vice-versa.

Terms of Use

These Terms apply to your access and use of the Technology Platforms, as well as to all other information and recommendations provided to you on or through the Technology Platforms.

You acknowledge and agree that Transreport is a technology services provider that does not provide transportation services, function as a transportation carrier or agent for the transportation of passengers.

1. Contractual Relationship

1.1 Acceptance

Your access and/or use of any of the Technology Platforms constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Transreport. If you do not agree to these Terms, you may not access or use any of the Technology Platforms.

1.2 Right to Terminate

Transreport reserves the right to terminate the Agreement for you to access or use the Technology Platforms, or generally to cease offering or deny you access to the Technology Platforms at any time, in accordance with section 4 below.

1.3 Changes to these Terms and any supplemental terms

Transreport may amend these Terms and/or any supplemental terms from time to time. Any such amendments will be effective upon Transreport posting the amended Terms and/or supplemental terms at this location. Your continued access or use of any of the Technology Platforms after such posting shall constitute your agreement to be bound by the amended Terms and/or supplemental terms (as the case may be).

1.4 The relationship between you and Transreport

You expressly agree and acknowledge that:

  1. the Technology Platforms are made available solely for your personal, non-commercial use to facilitate access to the Services;
  2. Transreport does not provide any transportation or assistance services; and
  3. all Services are provided by Service Providers who are not employed or engaged by Transreport or its affiliates.

1.5 Supplemental Terms

Supplemental terms may apply to your use of the Technology Platforms, such as policies for a particular event, location or Service Provider, and any such supplemental terms will be posted at this location. Any supplemental terms shall be deemed a part of these Terms. If there is any conflict between any supplemental terms and any of these Terms the relevant supplemental terms shall prevail.

2. The Technology Platforms

2.1 Licence

Subject to your compliance with these Terms, Transreport grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable, non-assignable license to: (i) access and use the Technology Platforms solely in connection with the Services; and (ii) access and use any content, information and related materials that may be made available via the Technology Platforms, in each case strictly for the purposes of accessing the Services. Any rights not expressly granted herein are reserved by Transreport and its licensors.

2.2 Ownership

The Technology Platforms and all rights therein are and shall remain the property of Transreport or its respective licensors. Neither these Terms nor your use of the Technology Platforms convey or grant to you any rights: (i) in or related to the Technology Platforms except for the limited license granted above; or (ii) to use or reference in any manner Transreport’s company names, logos, product and service names, trademarks or services marks or those of Transreport’s licensors.

2.3 Acceptable Use Restrictions

You shall not, and shall not allow any other party to: (i) remove any copyright, trademark or other proprietary notices from any part of the Technology Platforms; (ii) reproduce, modify, prepare derivative works based upon, distribute, licence, sublicence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit or make available to any other party any of the Technology Platforms in any way; (iii) decompile, modify, reverse engineer or disassemble any part of the Technology Platforms except as may be permitted by applicable law; (iv) link to, mirror or frame any part of the Technology Platforms; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of the Technology Platforms or unduly burdening or hindering the operation and/or functionality of any aspect of the Technology Platforms; (vi) design or develop, any competitive or substantially similar product or service; (vii) copy or extract any features, functionality, or content of the Technology Platforms; or (viii) attempt to gain unauthorized access to or impair any aspect of the Technology Platforms or their related systems or networks.

3. Your Use of the Technology Platforms

3.1 Sharing User Data

You acknowledge and accept that if and when your request for Services made via a Technology Platform is confirmed by the relevant Service Provider, we may provide certain personal information about you to such Service Provider and their Staff for the purposes of facilitating the provision of the services, including your first name, the nature of your impairment (if any), telephone number, email address and address.

Transreport’s collection and use of personal information about you in connection with your status as a Passenger is detailed in our Privacy Policy: https://passengerassistance.com/privacy-policy . Please ensure that you read this.

Transreport may provide to a claims processor or an insurer any necessary information (including your personal contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party and such information or data is reasonably considered necessary to attempt to resolve the complaint, dispute or conflict.

For safety and legal purposes some of your personal details may be retained after you cease to be a Passenger. Please see our Privacy Policy located at https://passengerassistance.com/privacy-policy .

Transreport is not responsible for any activity or actions arising from the provision of the Services by Service Providers or their Staff.

You agree that you are responsible for maintaining any usernames and passwords associated with you being a User strictly confidential at all times.

3.2 Your Conduct

You are responsible for keeping your account details confidential.

Where you have shared your account details with a Third Party, Transreport will not be responsible for any damage that may arise as a result.

You agree to comply with all applicable local and national laws when using the Technology Platforms, and you may only use the Technology Platforms for lawful purposes in the course of accessing the Services. You will not, in your use of the Technology Platforms in the course of accessing the Services, cause nuisance, annoyance, inconvenience, or harm (physical or emotional), whether to a Third Party, Staff or another User.

3.3 User Provided Content

In order to facilitate the provision of the Services our Technology Platforms allow Users to upload, publish or otherwise make available User content to Staff and other Users via feedback.

You agree to not provide User content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Transreport in its sole discretion, whether or not such material may be protected by law. Transreport may, but shall not be obligated to, review, monitor, or remove User content, at Transreport’s sole discretion and at any time and for any reason, without notice to you.

3.4 Network Access and Devices

You are responsible for obtaining the data network access necessary to enable you to use the Technology Platforms. Your mobile network’s data and messaging rates and fees may apply if you access or use the Technology Platforms from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Technology Platforms. Transreport does not guarantee that any of the Technology Platforms, or any parts thereof, will function on any particular hardware or devices. In addition, the Technology Platforms may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Transreport is not responsible for any delays, failures, liabilities or losses resulting from such problems. If you have any queries regarding network access requirements or device compatibility please contact Transreport.

4. Suspension and Termination

4.1 Notice of Termination

Transreport may terminate your right to use, or generally cease offering or deny access to any of the Technology Platforms or any parts thereof, with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours’ notice.

Transreport reserves your right to use, or generally cease offering or deny access to any of the Technology Platforms or any parts thereof, immediately at any time without notice if (i) you are in breach of any of these Terms, (ii) it is impractical to give such notice in the circumstances; or (iii) in Transreport’s opinion, any delay in such termination would expose Transreport, any Service Provider, Staff, Third Party, other Users to significant risk of harm or damage.

4.2 Material Breach of Terms

Failure to comply with either Section 2.2 (Acceptable Use Restrictions) or Section 3.3 (Your Conduct) in these Terms constitutes a material breach of these Terms, and may result in Transreport taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to access, your right to use, or generally cease offering or deny access to any of the Technology Platforms or any parts thereof, including account suspension or termination;
  • Issuing of a warning to you;
  • Legal action against you including proceedings for reimbursement of all costs on an (including reasonable administrative and legal costs) resulting from your breach;
  • Disclosure of such information to law enforcement authorities as Transreport reasonably feel is necessary.

The responses described in this clause are not limited, and Transreport may take any other action it reasonably deems appropriate.

5. Disclaimers; Limitation of Liability; Indemnity.

5.1 DISCLAIMER

Transreport does not guarantee the safety of your work environment or any other employment rights. You agree that the entire risk arising out of your use of any of the Technology Platforms remains solely with you, to the maximum extent permitted under applicable law.

Information accessed through any of the Technology Platforms, including journey timetables and transportation services, are for your information only and they are not intended to guarantee the accuracy of this information on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you.

Transreport disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms.

5.1.1 No Guarantee of Availability or Performance

Transreport does not guarantee the availability or uptime of any of the Technology Platforms. You acknowledge and agree that any of the Technology Platforms may be unavailable at any time and for any reason, including network failure or maintenance.

Transreport is a technology service provider only. The use of the Technology Platforms only serves to facilitate access to Services from Service Providers and it does not guarantee the performance of any Services.

5.2 LIMITATION OF LIABILITY

To the extent permitted by law, Transreport provides the Technology Platforms and content on an “as-is” and “as-available” basis and makes no representation or warranty of any kind, express or implied, regarding the content or availability of the Technology Platforms, or that they will be accurate or error-free or that any defects will be corrected.

To the extent permitted by law, Transreport excludes all liability (whether arising in contract, in negligence, or otherwise) for loss or damage in connection with, or otherwise resulting from any use of the Technology Platforms. Transreport shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Technology Platforms or your inability to access or use the Technology Platforms (ii) any use by you of the Services or your inability to access the Services, or (iii) any transaction or relationship between you and any Service Provider, Staff, or Third Party, even if Transreport has been advised of the possibility of such damages. In no event shall Transreport’s aggregate total liability to you in connection with the provision of the Technology Platforms exceed £100.

The limitations and disclaimers in this Section 5 do not purport to limit liability for death or personal injury arising from Transreport’s negligence or Transreport’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

5.3 Indemnity

You agree to indemnify and hold Transreport and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Technology Platforms; (ii) Transreport’s ceasing to offer or denying access to the Technology Platforms or any parts thereof; (iii) your accessing of any Services (iv) your breach or violation of any of these Terms; or (v) your violation of the rights of any other User, Service Provider, Staff or Third Party.

6. Governing Law and Jurisdiction.

The English courts will have exclusive jurisdiction over any claim arising from, or related to the use of any of the Technology Platforms. These Terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

7. Other Provisions

7.1 Claims of Copyright Infringement

Claims of copyright infringement should be sent to Transreport. Please visit Transreport’s web page at https://www.transreport.co.uk for the appropriate contact information.

7.2 Entire Agreement

These Terms, including the Privacy Policy and any supplemental terms, constitutes the entire agreement and understanding of you and Transreport with respect to your use of and access to the Technology Platforms and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such use and access.

7.3 Notice

Transreport may give notice by means of a general notice on your right to use, or generally cease offering or deny access to any of the Technology Platforms or any parts thereof and updates to our Terms via electronic mail to your email address.

7.4 General

You may not assign or transfer these Terms in whole or in part without Transreport’s prior written approval. You give your approval to Transreport for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Transreport’s equity, business or assets; or (iii) a successor by merger.

7.5 Severability

If any provision of these Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

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