END USER LICENCE AGREEMENT – Pop app
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY USING THE POP APP YOU AGREE TO THESE TERMS.
Who we are and what this agreement does
We operate the Metro, Passenger Ferry and Secured bus services across the North East. We have developed this app to provide our customers with public transport information planning and the ability to purchase a One Week Metro Season ticket on an Android mobile phone, store the ticket on the phone and present to gates and validators to improve customer experience when travelling across the across Tyne and Wear.
We the Tyne and Wear Passenger Transport Executive trading as Nexus of Nexus House, St James’ Boulevard, Newcastle upon Tyne NE1 4AX grant to you a non-exclusive licence to use:
- Pop App mobile application software, the data supplied with the software, (App) and any updates or supplements as provided from time to time.
- The related digital tickets and documentation created by the App (Documents)
- The ticketing service you connect to via the Pop app and the content we provide to you through it (Service).
as permitted and in accordance with the terms of this licence.
Under data protection legislation we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice.
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
Use of the App and the Services will be governed by the Ticket and Smartcard Terms and Conditions, User Guide and Conditions Of Carriage Please note that the section specifically about the App in the Ticket and Smartcard Terms and Conditions is at section 7.
The ways in which you can use the App and Documentation can also be controlled by Google, and any of its services including but not limited to Google Play rules and policies and Google’s rules and policies will apply instead of these terms where there are conflicts between the two.
GOOGLE PAY TERMS ALSO APPLY
STRIPE’S TERMS ALSO APPLY
Operating system requirements
The app is only compatible with Near Field Communication (NFC)-enabled Android phones running on Android 5.0 (Lollipop) or higher and shall be compatible with newer versions as they become available. Near Field Communication is a technology allowing the short-range wireless intercommunication of mobile phones and other electronic devices for purposes such as making payments.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or have any problems using it please refer to the Ticket and Smartcard Terms and Conditions and User Guide.
Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please contact Customer Relations at [email protected].
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 your android mobile phone, NFC enabled running on Android 5.0 (Lollipop) or higher, and view, use and display the App and Services on such devices for your personal purposes only. There is no limit on the number of devices that the app can be installed on but purchases can only be used on the phone that the purchase was made on.
- provided you comply with the “Licence Restrictions", make up to one copy of the App for back-up purposes; and
- All updates will be distributed as a complete app via Google Play only. Nexus is not responsible for any App or Service updates.
You must be 18 to accept these terms To Use the app
You must be 18 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 Ticket Smartcard Terms and Conditions". 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.
The devices that the App is installed on must be registered to you, it is not possible for family members to use your log in details for the App and use it as though they are the App customer.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
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. The notification issued to you will detail the update via Google Play’s “what’s new” text when deploying a new version of the App.
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 you do not update your Operating System you may not be able to use the App.
If someone else owns the phone or device you are using
If you download 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 REPORT ON AND ANALYSE technical data about your device
By download and installing the App or any of the Services, you are providing technical information about the devices you use the App on and related software, hardware and peripherals to Google Play. Nexus may use this information provided by Google Play to improve our products and to provide any Services to you.
We may use location data services (but you can turn this off)
For example, the car park information functionality and the push notification services will make use of location data on your devices. You can turn this location data service functionality off at any time by turning off location services settings for the app using the device. This anonymous location data is transmitted to a Nexus hosted API only to determine which is the closest car park. No location data is stored or used retrospectively by Nexus.
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.
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 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
- 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 [ including by the submission of any material] (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 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.
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 general information and transport 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 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.
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 Google Play 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 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 transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. 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. 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.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Transport Focus via their website at [https://www.transportfocus.org.uk]. Transport Focus will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.