Footbus mobile application software (the Application) and any updates or supplement to it is licenced to You (the End-User) by Footbus Ltd (herein referred to as "the Licensor" or "Footbus Ltd"), a UK Limited Company registered at Tower House, Parkstone Road, Poole, Dorset BH15 2JH, United Kingdom, for use only under the terms of this Licence Agreement.
By downloading the Application from Apple App Store or Google Play (hereinafter: App Stores), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement.
The parties of this Licence Agreement acknowledge that the App Stores are not a Party to this Licence Agreement and are not bound by anyprovisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. The terms and conditions of the relevant App Stores will also apply to your use of the Application.
All rights not expressly granted to You are reserved.
1.1 Footbus is a piece of software to create, share and manage routes to walk, run or cycle with others and customised for mobile devices. It is used to facilitate walking, running or cycling with others.
2.1 Support. If You want to learn more about the Application or the Service or have any problems using them, please take a look at our support resources at https://footbus.com/.
2.2 Contacting us (including with complaints). For general inquiries, complaints or questions concerning the licenced Application, please contact us at: Footbus Ltd, Tower House, Parkstone Road Poole, Dorset BH15 2JH United Kingdom or by email at contact@footbus.com.
2.3 How we will communicate with You. If we have to contact You, we will do so by email or by SMS using the contact details You have provided to us.
3.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Application and any updates or supplements to it and the service You connect to via the Application and the content we provide to You through it (Service) on any devices that You own or control for Your personal purposes only and as permitted by the terms and conditions set forth in this Licence Agreement and the App Stores’ terms and conditions, with the exception that the licenced Application may be accessed and used by other accounts associated with You.
3.2. This Licence Agreement will also govern any updates of the Application provided by Footbus Ltd that replace, repair, and/or supplement the first Application, unless a separate licence is provided for such update in which case the terms of that new licence will govern.
3.3. You may not share or make the Application available to third parties (unless with Footbus Ltd's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
3.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof nor attempt to do any such things (except with Footbus Ltd's prior written consent).
3.5. You may not copy or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this Licence Agreement, the App Stores’ terms and conditions, and any other terms and conditions that applyto the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.
3.6. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
3.7 Footbus Ltd reserves the right to modify the terms and conditions of licensing.
3.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
4.1 You must not:
5.1 Footbus Ltd recommends using the latest version of the firmware.
5.2 We recommend that You back up any content and data used in connection with the Application, to protect Yourself in case of problems with the Application or the Service.
5.3. The Application and the Services have not been developed to meet Your individual requirements. Place check that the facilities and functions of the Application and the Services (as described on the Appstore site) meet Your requirements.
5.4 If You download the Application 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 the terms of this Licence Agreement, whether or not You own the phone or other device.
5.5 Footbus Ltd attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
5.6 You acknowledge that it is Your responsibility to confirm and determine that the end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
5.7 Footbus Ltd reserves the right to automatically update the Application and change the Service or modify the technical specifications as it seesappropriate at any time to improve performance, enhance functionality, reflect changes to the operating system or address security issues. 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 Application and the Services.
6.1 Footbus Ltd is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
6.2 You and Footbus Ltd acknowledge that the App Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the licenced Application.
7.1 Under data protection legislation, we are required to provide You with certain information including 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 https://footbus.com/privacy-policy and it is important that You read that information.
7.2 You acknowledge that Footbus Ltd will be able to access and adjust Your downloaded licenced Application content and Your personalinformation, and that Footbus Ltd's use of such material and information is subject to Your legal agreements with Footbus Ltd and Footbus Ltd's Privacy Policy available on the App Stores and on our website.
8.1. The Application may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authoriseus, the Application, and other users of the Application to use Your Contributions in any manner contemplated by the Application and this Licence Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Application and this Licence Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, child sexual abuse and exploitation (CSAE) or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any child sexual abuse material (CASM),
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of the terms of this Licence Agreement, or any applicable law or regulation.
8.2 Any use of the Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of Your rights to use the Application.
9.1 By posting Your Contributions to any part of the Application or making Contributions accessible to the Application by linking Your account from the Application to any of Your social networking accounts, You automatically grant, and You represent and warrant that You have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non- exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat,translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, andgrant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
9.2 This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in Your Contributions, and You warrant that moral rights have not otherwise been asserted in YourContributions.
9.3 We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area in the Application. You are solely responsible for Your Contributions to the Application and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.
9.4 We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re- categorise any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
9.5 We have no obligation to monitor Your Contributions. If You see Content on the Service that violates this Licence Agreement, please report it through the ‘Get in Touch’ button in the Account section in the Application, or by emailing us at contact@footbus.com.
9.6 The designated CSAM point of contact is the Director of Footbus, contact details nickyrobinson@footbus.com.
10.1 You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Footbus Ltd, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including legal fees due to, arising out of, or relating in any way to Your access to or use of the Application, Your content, or Your breach of this Licence Agreement.
10.2 We would 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.
10.3 We are not liable for business losses. 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.
10.4 We are not responsible for events outside our control. If our provision of the Services or support for the Application 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.
10.5 Our total aggregate liability arising under or in connection with this Licence Agreement or otherwise (whether in contract, tort, including negligence or otherwise, or for breach of statutory duty), whether foreseeable or not will not exceed a sum equal £1.00 or to any amount actually paid by You to us if greater than this sum, in connection with the provision of the Application to You in the 12 month period preceding the date upon which the claim arose.
10.6 Footbus Ltd takes no accountability or responsibility for any damages caused due to a breach of duties according to this Licence Agreement. To avoid data loss, You are required to make use of backup functions to the extent allowed by applicable third-party terms andconditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to the licencedApplication.
11.1 Footbus Ltd provides the Application on an “as is” and “as available” basis. To the full extent permitted by law, Footbus Ltd grants no warranties of any kind whether express, implied, statutory or otherwise with respect to the Application (including all content) including without limitation any implied warranties of satisfactory quality, fitness for a particular purpose or non- infringement.
11.2 Although we make reasonable efforts to update the information provided by the Application and the Service, Footbus Ltd makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date or that the Application will be uninterrupted, secure or error free, that any defects or errors will be corrected or that any content or information that You obtain through the Application will be accurate.
11.3 Footbus Ltd cannot guarantee that its database will be immune from any unwarranted or unlawful interception or access.
11.4 Footbus Ltd takes no responsibility for any content that You or any other users or third parties post, send or received through theApplication.
12.1 You agree that You will comply with all applicable technology control or export laws and regulations that apply to the technology use or supported by the Application or any Service.
13.1 The licence is valid until terminated by Footbus Ltd or by You. Your rights under this licence will terminate automatically and withoutnotice from Footbus Ltd if You fail to adhere to any term(s) of this licence.
13.2 Upon Licence termination:
14.1 If You enable a third party service for use with the Application, You grant us permission to allow the applicable third party provider toaccess Your data and other materials and to take any other actions as required for the interoperation of the third party service with the Application, and any exchange of data or other materials or other interaction between You and the third party provider is solely between You and such third party provider. Footbus Ltd is not responsible for any disclosure, modification or deletion of Your data or other materials, or forany corresponding losses or damages You may suffer, as a result of access by a third party service or a third party provider to Your data or other materials. Google Maps is a third party service that is used within the Application. Your use of the Services is subject to Your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms and Conditions and Google Privacy Policy as it may be amended by Google from time to time.
14.2 The App Stores and their subsidiaries shall be third-party beneficiaries of this Licence Agreement and - upon Your acceptance of the terms and conditions of this Licence Agreement, they will have the right (and will be deemed to have accepted the right) to enforce this Licence Agreement against You as a third-party beneficiary thereof.
14.3 The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Footbus Ltd is not responsible for third party content or the availability (or lack of availability) of such external websites or resources. If You choose to interact with the third parties made available through the Application, such party's terms will govern their relationship with You. Footbus Ltd is not responsible or liable for such third parties' terms or actions.
15.1 All proprietary and intellectual property rights in the Application, the licenced software, web content and documentation, including trademarks, copyrights and trade secrets throughout the world belong to Footbus Ltd or its affiliates or are exclusively licensed to Footbus Ltd and the rights in the Application and the Services are licenced (not sold) to You. You have no intellectual property rights in, or to, the Application or the Services other than the right to use them in accordance with this Licence Agreement.
16.1 This Licence Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Licence Agreement or its subject matter or formation.
17.1 We may transfer our rights and obligations under this Licence Agreement to another organisation. We will always notify You if this happens and we will ensure that the transfer will not affect Your rights under the contract.
18.1 You may only transfer Your rights or Your obligations under this Licence Agreement to another person if we agree in writing.
19.1 Footbus Ltd is not responsible for the conduct of other users, please use caution in all interactions with other users. If joining routes with people that You do not know well and trust always meet, stay and part in a busy, public place. Footbus Ltd does not conduct criminal or other background checks on its users, and You are solely responsible for Your own interactions with other users and personal safety. You agree to comply with all applicable laws and will not harass any other user of the Application. You agree to use this Application in a responsible manner and treat all other users respectfully. To the full extent permitted by applicable law, You agree not to hold us responsible for anything that happens related to transactions with third parties.
19.2 You may not impersonate individuals, groups, or organisations in a manner that is intended to or does mislead, confuse, or deceive others.
19.3 This Licence Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence Agreement.
19.4 If any of the terms of this Licence Agreement should be or become invalid, the validity of the remaining provisions shall not be affected and shall remain in full force and effect. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
19.5 Even if we delay in enforcing the terms of this Licence Agreement, 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.