Callconnect App Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU REGISTER OR USE THE APP

1. These terms

1.1. These are the terms and conditions on which we will provide you with services and digital content via the Callconnect Mobile Application (the “App”).

1.2. In addition to these Terms, your use of the App is also subject to any other terms brought to your attention when using the App.

1.3. Your use of our vehicles, requested via the App, is strictly subject to the Callconnect Conditions of Carriage set out in section 15 of these Terms.
1.4. In registering and using our App, you agree to comply with these Terms and any restrictions or other terms brought to your attention when registering via the App or when using it from time to time.

2. Information about us and how to contact us

2.1. Who we are. We are Callconnect, Lincolnshire County Council. Our registered office is County Offices, Newland, Lincoln LN1 1YL. We provide the App to you and also own the vehicles which you may book using the App.

2.2. How to contact us. You can contact us by email at callconnect@lincolnshire.gov.uk, phone; 0345 263 8153 or write to us at the above address.

3. Eligibility Section Age

3.1. Individuals over the age of 18 shall be entitled to register and use the App to book travel. Minors between the ages of 16 to 18 may also have their own accounts, but they must have consent from their parent or guardian.

4. Registration and Log-In Details

4.1. In order to access and use the App, you must register certain information to create an account for use with the App. In order to create your account you must provide a username, password, UK mobile phone number and valid email address.

4.2. You are responsible for your log-in credentials and for keeping your information accurate.

4.3. You are responsible for any activity resulting from the use of your log-in credentials on the App.

4.4. You represent and warrant that the information you provide to Callconnect upon use of the App and at all other times will be true, accurate, current, and complete.

4.5. To use the App, you need to log-in by providing the username and password you created at registration. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behaviour of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorised access to or use of the App and to preserve the confidentiality of your username and password, and any device that you use to access the App.

4.6. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Callconnect by e-mail to callconnect@lincolnshire.gov.uk. You will be solely responsible for the losses incurred by Lincolnshire County Council and others due to any unauthorised use of your account.

5. Services

5.1. The App will enable you to track and book travel on one of our vehicles (a “Vehicle”) to transport you from your confirmed pick-up point to the destination (a “Journey”) shown on the App (which together, along with all other services available to you via the App, are referred to in these Terms as the “Services”).

5.2. Please be aware that collection times can vary due to external factors outside of our control, because of this please allow up to 10 minutes variation to all given ETAs.

6. Additional Travellers

6.1. If you book a Journey and multiple people are travelling in your party, you, as the holder of the account associated with the booking, are responsible for the conduct of everybody travelling in your party.

6.2. When you make a booking, you must indicate how many people are travelling in your party. If you do not, we reserve the right to refuse service to additional travellers.

7. Cancellations & No Shows

7.1. Cancellations should be made as soon as reasonably possible and with at least 30 minute`s notice.

7.2. Repeated cancellations by you may result in the suspension of your account, at our sole discretion.

No-Show Policy

7.3. If you are not present at the time and place designated in your booking, you will be logged by the driver as a `no show`. Return trips booked later in the day will be automatically cancelled by us if you fail to turn up for an outward trip.

7.4. Repeated “no-show” instances may result in the suspension of your account, at our sole discretion.

8. Communications

8.1. By registering to use the App you agree that you have read and understood Lincolnshire County Council`s Privacy Policy available by clicking here. Our Privacy Policy explains how we handle and use your personal data.

8.2. Callconnect may communicate with you by email, text message, telephone call, or posting a notification via the App to your mobile device. You may request that we provide notice of security breaches in writing.

8.3. You agree to receive emails from us at the email address you provided to us for customer service-related purposes.

8.4. If you have consented to receive information about other services and offers we can offer, as well as those of our third party partners, we will also contact you with information about these offers by email, text message or through App notifications to your mobile device.

8.5. By registering to use the App or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the App or sending an email to you.

8.6. We may send you an SMS text message to the phone number you provide upon registering through the App (i) when you register through the App, (ii) when you book a Journey, (iii) when our Vehicle is approaching the designated pick-up location, (iv) when our Vehicle is at the designated pick-up location, and (v) when you reset your password through the App. SMS text message and data rates, as determined by your wireless carrier, may apply. By registering through the App, you consent to receive these SMS text messages.

9. Third-Party Content Disclaimers, Limitations, and Prohibitions

9.1. You are responsible for your actions when using and relying on the App or content available through the App.

9.2. You agree to use the App only for its intended purpose. You must use the App in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the App are prohibited.

9.3. You must not:

9.3.1. Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorised access to the App, user accounts, or the technology and equipment supporting the App;

9.3.2. Frame, mirror or link to the App without permission;

9.3.3. Use data mining, robots, web spiders, viruses or worms or other data gathering devices on or through the App, including any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the App;

9.3.4. Post or upload to the App incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

9.3.5. Disclose personal information about another person, or post, send or store infringing, obscene, threatening, libellous or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or degrade another person;

9.3.6. Sell, transfer, or assign any of your rights to use the App to a third party without our express written consent;

9.3.7. Post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms;

9.3.8. Use the App in an illegal way or to commit an illegal act in relation to the App or that otherwise results in fines, penalties, and other liability to Arriva or others; or

9.3.9. Access the App from a jurisdiction where it is illegal or unauthorized.

10. Intellectual Property

10.1. Ownership of all intellectual property in the App software belongs to Callconnect, Lincolnshire County Council and supplier, Via Transportation, Inc., 226 5th Avenue, 3rd Floor, New York, New York 10001 (“Via”).

10.2. Callconnect is authorised to provide you with a licence to use the App, strictly subject to your compliance with all of your obligations as set out in these Terms.

10.3. You (or the people who allow you to use their content), own all of the content you post or upload to the App. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.

10.4. It is very important that you have permission to use other people’s content, or they (or their parent or guardian) may be able to sue you for violating their legal rights.

10.5. The App may provide you with the ability to post content (“User Content“) from time to time. Neither Callconnect nor Via claims ownership or control over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the App. You are responsible for protecting those rights.

10.6. By posting User Content on or through the App, and subject to Lincolnshire County Council`s Privacy Policy available here and Via’s Privacy Policy available here, you grant Lincolnshire County Council and Via a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable right to license, sublicense, use, view, copy, adapt, sell, transfer, modify, remove, publish, transmit, distribute, broadcast, stream, perform or publicly display your User Content for any purpose without compensation to you, including for the purpose of promoting Lincolnshire County Council, Via and their services. While we will try our best to not use your User Content in a way that may be objectionable to you, you waive any rights you may have regarding your User Content being altered or manipulated in any way that may be objectionable to you. Please e-mail us at callconnect@lincolnshire.gov.uk if you believe your User Content is being used in an objectionable manner and we will do what we reasonably can to remedy such use of your User Content. The license granted in this paragraph will continue even after you stop using the App. Lincolnshire County Council and Via reserve the right to refuse to accept, post, display, or transmit any User Content at their sole discretion.

10.7. You understand and agree that you will not obtain as a result of your use of the App, any right, title or interest in or to such content delivered via the App or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in the content. Lincolnshire County Council or Via alone (as the case may be) (and their licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the App. The Callconnect, Lincolnshire County Council and Via names, logos, and the product names associated with the App are trademarks of Lincolnshire County Council, Via or third parties, and no right or license is granted to use them.

10.8. You represent and warrant that: (i) you own the content posted by you on or through the App or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of your User Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of User Content on the App does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of content you post on or through the App. You also acknowledge and agree that your User Content is non-confidential and non-proprietary.

10.9. Certain materials made available for download from or through the App may be subject to additional or different license terms and conditions. The App contains content from users and other Via or Lincolnshire County Council licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the App.

11. Consequences of Violating These Terms

11.1. If you do not act acceptably in accordance with these Terms, we may prohibit your use of the App.

11.2. We will have the right to investigate and prosecute violations of these Terms to the fullest extent of the law.

11.3. We reserve the right to suspend or terminate your account and prevent access to the App for any reason, at our discretion. We reserve the right to refuse to provide you with access to the App in the future.

11.4. Lincolnshire County Council or Via may review and remove any Third-Party Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the App.

11.5. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the App.

12. Liability our responsibility for loss or damage suffered by you

12.1. 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 this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2. 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; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the App.

12.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12.4. We only supply the App for domestic and private use. If you use the App for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.5. We are not liable for the actions of users when they use the App. We may also change the App at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the App or other websites.

12.6. We may change, suspend, or discontinue any aspect of the App at any time, including hours of operation or availability of the App or any feature, without notice or liability.

12.7. We are not responsible for any disputes or disagreements between you and any third party you interact with using the App. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Arriva from all claims, demands, and damages in disputes among users of the App. You also agree not to involve us in such disputes. Use caution and common sense when using the App.

12.8. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the App. 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.

12.9. By participating in a Promotions, you agree to the rules that govern each Promotion, which may contain specific requirements about how your Personal Information is used.

13. Other important terms

13.1. 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.

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

13.3. This contract is between you and us. No other person shall have any rights to enforce any of its term.

13.4. 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.

13.5. 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.

14. Concessionary travel

14.1 English National Concessionary bus passes are accepted on Callconnect services subject to local and national guidelines.

15. Marketing

15.1 By signing up to the app you may receive marketing material which is relevant to the wider Callconnect network.