Terms of Use
These Terms of Use
(“Terms”) govern your rights and obligations regarding the use of the FTS
Driver Companion application (the “App”) with the App hereafter referred to as
the “Service”.
This end-user
licence agreement (“EULA”) is a legal agreement between you (“End-user” or
“you”) and First Travel Solutions Limited (FTS, we, our or us) who is a subsidiary
of FirstGroup plc. We are registered as a data controller with the Information
Commissioner's Office and our registration number is Z283227X. We are the proprietor of all rights in and to
the Service, and you. It is therefore recommended that you carefully read these
Terms.
The Service is
provided by www.firsttravelsolutions.com is operated by First Travel Solutions
Limited ("we", "us", or "our"). We are registered in England & Wales
under company number 1966624, and have our registered office at Unit 5 Petre
Court, Petre Road, Clayton Business Park, Clayton Le Moors, Accrington, BB5
5HY. Our VAT number is 464644528.
By using the
Service, you signify your assent to our copyright policy, which is an integral
part of these Terms.
In addition, we
also publish a Privacy
Policy. Although it’s not part of these
Terms, we encourage you to read it to better understand what information we
collect about you when you are using the Service and how we use your
information.
KEY
POINTS
The following key
points of the Terms are highlighted here for your convenience only. These key
points are not made in lieu of the full Terms and their presence in this
section does not mean that they are intended to supersede or override any other
terms or conditions provided by FTS.
Road information
prevails. The information provided by the Service is not intended to replace
the information provided on the road, such as travel direction, time-based
restrictions, lane restrictions, road blockades, traffic signs, traffic lights,
police instructions, etc.
Cautious driving.
Always drive vigilantly according to road conditions and in accordance with
traffic laws. It is strictly forbidden to hold a mobile device in hand, to send
traffic updates (such as updates on road accidents and traffic congestion), or
to non-verbally interact with the Service or use the Service in a non-verbal
manner for any purpose other than navigation while driving. Traffic updates or
non-verbal reports you want to submit to the Service may only be sent after you
have stopped your vehicle in an appropriate location permitted by law.
Alternatively, such updates may be sent by a passenger other than the driver,
provided it does not interfere with the due course of driving and does not
distract the driver’s attention to the road.
Non-continuous
updates. The information provided by the Service originates from other users of
the Service. Such information is intrinsically fluctuant and may be inaccurate,
incomplete or outdated. FTS does not provide any warranties to such
information’s credibility or reliability.
Location-based
Service. Some features of the Service make use of detailed location and route
information, for example in the form of GPS signals and other information sent
by your mobile device on which the FTS Driver Companion application is
installed and activated. These features cannot be provided without utilising
this technology. For more details, please see our Privacy
Policy.
FTS allows you to
use the Service as long as you have been allocated a booking, with a reference
and that it is allocated to your unique approved supplier identification. If
you choose to use the Service without a unique booking reference and your
unique approved supplier identification. You may still install the service
through the setup stage of the application installation process. However,
please note that FTS will still link all of your information with your account
and a unique identifier generated by FTS in accordance with the Privacy Policy.
Note that in order to access certain features of the Service (for example detailed
location and route information, for example in the form of GPS signals and
other information sent by your mobile device) you will need to have a unique booking
reference and your unique approved supplier identification.
Advertisements. FTS
do not support third party advertisements on the Service. FTS does not endorse
advertisements, and the advertisements are not intended to be, nor should they
be, viewed by drivers unless and until their vehicle has come to a complete
stop.
The Internet
connection required to use the Service, and any associated charges (e.g.,
mobile data expenses) incurred by your use of the Service are your exclusive
responsibility and made solely at your expense. Transmitting and receiving
real-time updates to and from the Service, requires an online (e.g., Wi-Fi, 3G,
4G) connection between your cellular device and the Internet. The expenses of
such connection are as prescribed by the agreement between you and your
communication service provider (such as your network provider), and according
to its applicable terms of payment.
Your age. The
Service is intended for use by users who are of the legal age required to hold
a driving license. In any case, to use our Service you must be 17 years of age
or older.
Privacy. Your
privacy is important to us. The Privacy
Policy explains our practices
pertaining to the use of your personal information and we ask that you read
such Privacy Policy carefully.
ABOUT
THE SERVICE
The Service is a GPS
location tracking app that allows FTS approved supply partner drivers to share
their location data of the transportation service fulfilment. The Service is
provided through the App.
The FTS Driver
Companion tracking service allowing constant locating of the user of the App,
including, but not limited to, the ground speed of the user.
The Service will
make use of location data sent from the device. You cannot turn off this
functionality. If you use these services, you consent to us and our affiliates'
and licensees' transmission, collection, 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 withdraw this consent at any time
by deleting the App from your Device.
We licence use of
the App to you on the basis of this EULA and subject to any rules or policies
applied by any Appstore provider or operator from whose site, located at
Apple’s App Store or Google’s Play Store (“Appstore”), the End-user downloaded
the App (“Appstore Rules”). We do not sell the App to you. We remain the owners
of the App at all times.
By downloading the
App from the store or clicking on the "Accept" button to our End User
Agreement you agree to the terms of the licence which will bind you. The terms
of the licence include the Privacy Policy.
THE
LICENSE
FTS hereby grants
you a free of charge, non-exclusive, time-limited, non-transferable,
non-sub-licensable, revocable license to use the Service (including the App)
for non-commercial purposes, subject to these Terms.
USING
THE SERVICE
You may use the
Service solely for FTS business purposes. You may not use the Service
commercially. For example, you may not: (i) offer to third parties a service of
your own that uses the Service; (ii) resell the Service; (iii) offer to rent or
lease the Service; or (iv) offer the Service to the public via communication or
integrate it within a service of your own, without the prior written consent of
FTS. For clarity, the examples listed are made for illustrative purposes only;
they do not constitute an exhaustive list of restricted activities involving
the Service.
You may not copy,
print, save or otherwise use data from the Service’s database. This clause does
not limit the use of the database as intended by the Service and for the
purposes of private and personal use of the Service.
When using the Service,
you may not engage in scraping, data mining, harvesting, screen scraping, data
aggregating, and indexing. You agree that you will not use any robot, spider,
scraper or other automated means to access the Service’s database for any
purpose without the express prior written permission of FTS.
The Service may not
be used in any way that is not expressly permitted by these Terms.
USE
RESTRICTIONS
There are certain
types of conduct that are strictly prohibited on the Service. Please read the
following restrictions carefully. Your failure to comply with the provisions
set forth below may result (at FTS’s sole discretion) in the termination of
your access to the Service and may also expose you to civil and/or criminal
liability.
You may not,
whether yourself or through any other means or person:
(i) copy, modify,
adapt, translate, reverse engineer, decompile, or disassemble any portion of
the Content (as defined below) included in the Service, or in any way or
publicly display, perform, or distribute them.
(ii) make any use
of the Service or the Content on any other website or networked computer
environment for any purpose or replicate or copy the Content without FTS’s
prior written consent.
(iii) create a
browser or border environment around the Content or Service (e.g., no frames or
inline linking).
(iv) interfere with
or violate any third party or other user’s right to privacy or other rights,
including copyrights and any other intellectual property rights of others, or
harvest or collect personal information about users of the Service without their
express consent, including using any robot, spider, site search or retrieval
application, or other manual or automatic device or process to retrieve, index,
or data-mine;
(v) defame, abuse,
harass, stalk, threaten, or otherwise violate the legal rights of others,
including others’ copyrights, and other intellectual property rights.
(vi) transmit or
otherwise make available in connection with the Service any virus, worm, Trojan
Horse, time bomb, web bug, spyware, or any other computer code, file, or
program that may or is intended to damage or hijack the operation of any
hardware, software, or telecommunications equipment, or any other actually or
potentially harmful, disruptive, or invasive code or component;
(vii) interfere
with or disrupt the operation of the Service, or the servers or networks that
host the Service or make the Service available, or disobey any requirements,
procedures, policies, or regulations of such servers or networks.
(viii) sell,
license, or exploit for any commercial purposes any use of or access to the
Content and/or the Service.
(ix) frame or
mirror any part of the Service without FTS’s prior express written authorisation.
(x) create a
database by systematically downloading and storing all or any of the Content
from the Service.
(xi) forward any
data generated from the Service without the prior written consent of FTS.
(xii) use profanity
and/or inappropriate language while using the Service, and specifically when
submitting reports or communications with other users of the Service.
(xii) intentionally
submit false reports on the Service.
(xiii) transfer or
assign your Service accounts’ password, even temporarily, to a third party.
(xiv) use the
Service for any illegal, immoral or unauthorized purpose.
(xv) use the
Service or the Content for non-personal or commercial purposes without FTS’s
express prior written consent; or
(xvi) infringe or
violate any of these Terms.
TERMINATION
OF USE OF THE SERVICE
You may terminate
your use of the Service at any time and for whatever reason. You are not
obligated to advise FTS of such termination. However, if you would also like FTS
to delete your FTS account and your personal information contained in the
account, please “Delete” the app and refer to our Privacy Policy for requests
to delete
the personal data we hold about you. upon receiving such a request, FTS will
use reasonable efforts to delete such information, however, please note that
information may not be deleted immediately from our back-up systems. For more
information, please read our Privacy
Policy.
FTS retains the
right to block your access to the Service and discontinue your use of the
Service, at any time, if any of the following instances occur:
USER
CONTENT
The Service allows
users to push vehicle location data and information and content to other users
(“Content”). Content is separate from third party sponsored advertisements that
may appear on the Service. Content can include, for example, drivers name,
driver mobile number, vehicle identification details (“Vehicle Registration”)
etc. You assume sole responsibility for any Content you post, and you alone are
liable for the consequences when you post Content on the Service.
ALWAYS DRIVE
VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT
IS STRICTLY FORBIDDEN TO SEND ANY CONTENT - INCLUDING TRAFFIC UPDATES (SUCH AS
UPDATES ON ROAD ACCIDENTS AND TRAFFIC CONGESTION)- WHILE DRIVING. YOUR CONTENT
SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN
APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A
PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE
COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.
RIGHTS
IN CONTENT
When you submit
Content to be published on the Service, you represent and warrant that you own
all intellectual property rights in the Content; that you are permitted to
publish the Content and to permit FTS to publish the Content and exploit all
intellectual property rights in and to the Content. FTS receives no ownership
rights in and to the Content that you submit. However, by submitting Content to
FTS, you hereby grant FTS and the users of the Service an irrevocable,
worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and
transferable license to use, copy, distribute, prepare derivative works of,
display in public and publicly perform the Content. The license granted to FTS
in and to the Content you submit is not limited to personal use, but also
extends to any commercial use of Content, at FTS’s sole and absolute
discretion.
COMMUNICATIONS
To provide you with
our services, we sometimes send you service announcements and other
information. To learn more about how we communicate with you, see FTS’s Privacy
Policy.
COPYRIGHT
All intellectual
property rights in and to the Service and its database, including copyrights,
trademarks, industrial designs, patents and trade secrets – are either the
exclusive property of FTS or its affiliates or are exclusively licensed to FTS.
The Service is protected, among others, by the Copyright, Designs and Patents
Act 1988 as well as by applicable copyright provisions prescribed by any other
law, in the UK and elsewhere.
“FTS”, the FTS
Driver Companion logo, and other trade and/or service marks are the property of
FTS, or its affiliates and you may not use such logos or marks for any purpose
that is not expressly authorised in these Terms without the prior written
consent of FTS.
The design, trade
dress, and the ‘look and feel’ of the maps and/or of the Site and the App are
protected works under applicable copyright laws and FTS and its affiliates
retain all intellectual property rights in them. The license granted to you in
these Terms does not extend to or include a license to use the maps displayed
on the Service or any mark, indicator, logo or notation embedded in the maps that
are displayed on the Service. You may not copy or print more than one copy of
any data or material appearing on the Site.
FTS may protect the
Service by technological means intended to prevent unauthorised use of the
Service. You undertake not to circumvent these means. Without derogating from FTS’s
rights under these Terms or under any applicable law, you are advised that any
attempted or actual infringement of this provision will result in the
termination of all your rights under these Terms. If you circumvent any of the
means taken by FTS to protect the Service from unauthorised use, you must
immediately cease any and all use of the Service, and you undertake to do so.
LIMITATION
OF LIABILITY AND WARRANTY
FTS disclaims any
warranties relating to the accuracy of the maps, Content, road conditions,
driving directions, or navigation routes presented or displayed in or by the
Service. For instance, traffic may be congested in roads depicted by the
Service as uncongested; existing roads may be missing from the map; users may
submit faulty or inaccurate Content or reports. Such errors and omissions are
inherent to any service that operates on users’ posts and on the information
provided by them.
You acknowledge
that it is your responsibility to comply with all applicable laws (including
traffic laws) while using the Service.
THE INFORMATION
PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON
THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC
LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE
SERVICE, YOU MUST NOT RELY ON THE SERVICE.
FTS exerts efforts
to provide you with a high quality and satisfactory service. However, We do not
warrant that the Service will operate in an uninterrupted or error-free manner,
or that it will always be available or free from all harmful components, or that
it is safe, secured from unauthorised access to FTS’s computers, immune from
damages, free of malfunctions, bugs or failures, including, but not limited to
hardware failures, software failures and software communication failures,
originating either in FTS or any of its providers.
These Terms only
limit our responsibilities as allowed by applicable law. These Terms don’t
limit liability for fraud, fraudulent misrepresentation, or death or personal
injury caused by negligence or wilful misconduct. In addition, these terms
don’t limit your rights under product liability law.
Other than the
liabilities described above, FTS is liable only for its breaches of these
Terms, subject to applicable laws.
LINKS
AND COMMERCIAL INFORMATION IN THE SERVICE
The Service may
include commercial information or advertisements (for example, pins indicating
the locations of certain establishments, their commercial offers, coupons, etc.
(“Ads”). The Ads may pop up or be displayed on the Service maps from time to time.
FTS may post Ads on the Service but more often than not, the source of such Ads
is third parties, and as such, FTS cannot and does not guarantee the
reliability or accuracy of third-party Ads. FTS does not endorse the content of
third-party Ads. Additionally, and without derogating from the previous
sentence, FTS will not be liable for any form of liability arising from your
reliance on, or in connection with, the use of the content of Ads posted on the
Service.
The advertising of
commercial content by FTS does not constitute a recommendation or encouragement
to procure the goods or services advertised.
Insofar as the
Service includes links to services or applications not operated or managed by FTS,
FTS will not be liable for any form of liability arising from your reliance on,
or in connection with, the content of such services and applications or any
information provided by them, including but not limited to its completeness,
accuracy, correctness or it being up-to-date. FTS will not be liable for any
direct or indirect damage, monetary or otherwise, arising from your use of or
your reliance on the content of goods or services you have accessed via Ads or
other links on the Service.
YOU MUST NOT
ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE
RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE
EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, FTS (INCLUDING ITS AFFILIATES
AND STAFF) AND/OR THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND
LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS,
EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACTUAL, OR IN ANY OTHER FORM OF
LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE
SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.
PRIVACY
FTS respects your
privacy during your use of the Service. Our Privacy Policy pertaining to the
Service is readily accessible here.
We will notify you in the event we make any material changes in our Privacy
Policy. However, since the Privacy Policy is subject to periodic updates, it is
recommended that you periodically review the policy for updates as well.
MODIFICATIONS
TO THE SERVICE
FTS constantly
develops new technologies and features to improve our Service. As part of the
continual evolution of our Service, FTS may, either partially or in its
entirety – modify, adapt or change the App, software, the Service’s features,
the user interface and design, the extent and availability of the contents in
the Service and any other aspect related to the Service. These modifications
may include adding or removing features and functionalities from our Service
and offering new services or discontinuing old ones. We may also change our
Service for these other reasons:
In particular, we
sometimes make legally required updates, which are modifications that keep our
Service in conformity with the law. We make these updates to our Service for
safety or security reasons, and to make sure they meet the quality standards
that you expect, such as those described in our guarantee. We may automatically
install updates that address significant safety or security risks. For other
updates, you can choose whether you want them installed.
If we make material
changes that negatively impact your use of our services or if we stop offering
a service, we’ll provide you with reasonable advance notice except in urgent
situations such as preventing abuse or harm, responding to legal requirements,
or addressing security and operability issues.
We maintain a
rigorous product research program, so before we change or stop offering a
service, we carefully consider your interests as a user, your reasonable
expectations, and the potential impact on you and others. We only change or
stop offering services for valid reasons. We’ll also give you an opportunity to
export your personal information from your FTS account, except in urgent
situations such as preventing abuse or harm, responding to legal requirements,
or addressing security and operability issues.
We do not guarantee
that our Service, or any content on it, will always be available or be
uninterrupted. Access to our Service is permitted on a temporary basis. We may
suspend, withdraw, discontinue or change all or any part of our Service without
notice. We will not be liable to you if for any reason our Service is
unavailable at any time or for any period.
MODIFICATIONS
OF THESE TERMS
FTS may modify
these Terms from time to time (1) to reflect changes in our Service or how we
do business - for example, when we add new services, features or technologies,
(2) for legal, regulatory, or security reasons, or (3) to prevent abuse or
harm. If material changes are introduced, we’ll provide you with reasonable
advance notice and the opportunity to review the changes, except (1) when we
launch a new service or feature, or (2) in urgent situations, such as
preventing ongoing abuse or responding to legal requirements. If you don’t
agree to the updated Terms or to any term within them, you should discontinue
all further use of the Service. You can also send your relationship with us at
any time by deleting your app.
GOVERNING
LAW AND JURISDICTION
If you’re a
resident of the EEA or UK, these Terms and your relationship with FTS under
these Terms are governed by the laws of your country of residence, and you can
file legal disputes at your local courts.
ASSIGNMENT
OF RIGHTS
You may not assign
or transfer your rights in and to the Service, without the prior written
consent of FTS. FTS may assign its rights in and to the Service to a third
party at its sole and absolute discretion, provided that the third party
undertakes FTS’s obligations to you under these Terms.
COMPLETE
TERMS
These Terms,
together with the Copyright Policy, shall all constitute the entire and
complete agreement between you and FTS concerning the FTS Service. In the event
of an inconsistency between these Terms and the synopsis of terms presented to
the user during the App installation, these Terms shall prevail.
NO
LEGAL RELATIONSHIP
These Terms and
your use of the Service, including the submission of Content onto the Service,
do not, and shall not be construed as creating any relationship, partnership,
joint venture, employer-employee, agency, or franchisor-franchisee relationship
in any way and of any kind between the parties hereto. Your use of the Service
is intended for your enjoyment and benefit and the provision of the Service to
you (subject to your compliance with these Terms) constitutes the sole and
sufficient consideration that you are entitled to receive for any Content or
other contributions you have made to the FTS Service, its contents, maps and
any other data.
TRADEMARKS
UK00002176592 and UK00002176539 are UK registered trademarks of
FirstGroup plc (company number SC157176), a company registered in Scotland
whose registered office is at 395 King Street, Aberdeen, AB24 5RP.
CONTACT
US
You may contact us
concerning any question about the Service, through the channels listed below.
We will make our best efforts to address your inquiry promptly.
First Travel
Solutions Limited
Registered in
England & Wales under company number 1966624.
VAT number is 464644528.
Our registered
office at.
Unit 5 Petre Court,
Petre Road, Clayton Business Park, Clayton Le Moors, Accrington, BB5 5HY
travel.solutions@firstbus.co.uk
Last modified: 21
March 2024