Our terms & conditions
TERMS OF SERVICE FOR OXFORD TUBE MOBILE TICKET iOS AND ANDROID APPS
These Terms were last updated on 11 March 2021
Version 1.0
1. Who we are.
The Stagecoach mobile application (the “App”) is operated by Stagecoach Group Plc (“Stagecoach”, “we”, “us” and “our”). We are registered in Scotland (Registered No. SC 100764, VAT No. 435757819), and have our registered office at 10 Dunkeld Road, Perth, PH1 5TW Scotland, United Kingdom.
You can find all our contact details at www.stagecoachbus.com.
2. By using the App you accept these Terms.
By downloading or using the App, you agree to be bound by this Terms of Use Agreement (the “Terms”). If you do not agree to any part of these Terms, do not use the App.
You understand and agree that we may change these Terms at any time without prior notice. The revised Terms will become effective upon posting to the App. Any use of the App after such date shall constitute your acceptance of such revised Terms.
We reserve the right to charge for the App any time, but we will give you notice of this in advance by email so that if you wish you can stop using the App before the charges become applicable.
If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the App.
3. There are other terms that may apply to you.
These Terms refer to the following additional terms, which also apply to your use of the App and can be found under the 'More' menu in the App:
(a) our Privacy Policy which sets out the terms on which we collect, use and disclose any personal data we collect from you, or that you provide to us. By using the App, you consent to such collection, use and disclosure and you warrant that all data provided by you is accurate; and
(b) if you purchase tickets via the App, the Stagecoach Bus App Sales Terms and Conditions will apply to the sales.
4. Information may not always be accurate.
We use third parties, such as Transport for London, Apple and Google to provide data on which the transport information and recommendations in the App are based.
We and our partners try to make sure that the data is correct and up to date, but we cannot guarantee that it always will be. Journey times are only estimates, as actual timings are dependent on many factors outside our control.
Accordingly, we and our data providers do not accept any liability for any error or omission in the information available or the recommendations made through the App and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of income, profit, opportunity or time) as a result of relying on any information available through the App.
5. Users need to use common sense and discretion.
We cannot take responsibility for the way you use the App. When travelling using the App, you need to exercise common sense and discretion about your safety, particularly at night.
In addition, if you want to use the mobile ticketing feature of the App, our staff may handle your device when checking your mobile ticket. While our staff will take all reasonable care to ensure that nothing happens to your device, we do not accept liability for damage to it, unless this is caused by any negligence or wilful misconduct by our staff.
You need to ensure that your device remains charged – if the device runs out of battery and cannot be switched on to present your mobile ticket, we cannot accept responsibility if as a result you are unable to travel.
If you are using the App outside a Wi-Fi area, remember that your terms of agreement with your mobile network provider will still apply. You may be charged by your mobile provider for the cost of data while accessing the App, or other third party charges. You accept responsibility for such charges when using the App.
If you are not the bill payer for the device on which you're using the App, we assume that you have received permission from the bill payer for using the App.
6. App maintenance.
Making the App reliable and enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance. We therefore reserve the right to make changes to the App at any time and for any reason. We will aim to do so at what we anticipate will be non-peak times.
The App is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the App to) may change, and you will need to download the updates if you want to keep using the App.
We may not always update the App so that it is relevant to you and/or works with the version that you have installed on your device. You agree to always accept updates to the App when offered to you.
7. Intellectual property.
The App contains material, including but not limited to software, text, graphics, images and data (collectively referred to as the “Stagecoach Content”). The Stagecoach Content is owned by or licensed to Stagecoach.
The Stagecoach Content is protected by UK and foreign intellectual property laws. Unauthorised use of the Stagecoach Content may result in violation of copyright, trademark, and other laws. Except as otherwise permitted under these terms, no use of the Stagecoach Content is permitted without our prior written consent.
You may not sell, transfer, assign, license, sublicense, or modify the Stagecoach Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Stagecoach Content in any way for any public or commercial purpose. The use or posting of any Stagecoach Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of these Terms, your right to access and/or use the Stagecoach Content and App shall automatically terminate and you shall immediately destroy any copies you have made of the Stagecoach Content.
The trademarks, service marks, and logos of Stagecoach (“Stagecoach Trademarks”) used and displayed on the App are registered and unregistered trademarks or service marks of Stagecoach. Other company, product, and service names located in the App may be trademarks or service marks owned by third-parties (“Third-Party Trademarks”, and, collectively with Stagecoach Trademarks, “Trademarks”).
Nothing in the App or in these Terms should be construed as granting any license or right to use any Trademark displayed in the App (including as part of a link to or from any website) without our prior written consent, specific for each such use.
You agree not to: (a) take any action that imposes an unreasonable load on the App's infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted in the App, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the App, (d) delete or alter any material posted on the App by Stagecoach or any other person or entity, or (e) frame or link to any of the materials or information available on the App.
If you believe in good faith that materials hosted on the App infringe your copyright, you (or your agent) may send us a notice (to [email protected], or Stagecoach Bus, Daw Bank, Stockport, SK3 0DU) requesting that the material be removed, or access to it blocked.
8. Disclaimer.
The App and Stagecoach Content are provided on an “as is” and “as available” basis without any warranties of any kind. We do not guarantee that the App will work all the time. To the extent permitted by law, Stagecoach, our affiliates, their respective officers, directors, employees, agents, suppliers, or licensors (collectively, “Stagecoach parties“) exclude all conditions, warranties, representations or other terms which may apply to the App or the Stagecoach Content, whether express or implied.
Stagecoach parties shall not be liable for the truth, accuracy or completeness of the content or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the App and the content at your own risk.
While we will monitor the App and aim to fix bugs that we find or that are made known to us, Stagecoach parties do not warrant that the App or underlying software will operate error free or that the app, its server, or the content are free of computer viruses or bugs or similar contamination or destructive features.
If your use of the App or the content results in the need for servicing or replacing equipment or data, no Stagecoach party shall be responsible for those costs.
The App is directed to people residing in the United Kingdom. We do not represent that content available on or through the App is appropriate for use or available in other locations.
9. Our responsibility for loss or damage suffered by you.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the App or use of or reliance on any Stagecoach Content.
The App is for domestic and private use only. If you are a business user, please note that we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any content on it, or on any website linked to it.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any mobile tickets by us to you, which will be set out in our Stagecoach Bus App Sales Terms and conditions, which can be found under the 'More' menu in the App.
We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, for fraud, or in connection with the condition that we will use reasonable care and skill in providing the App, or for any other liability which may not by applicable law be excluded or limited and we do not do so and any statutory rights you have as a consumer are not affected.
10. Indemnification.
You agree to defend, indemnify and hold harmless Stagecoach parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Stagecoach Content and/or the App. We shall provide notice to you of any such claim, suit, or proceeding.
We reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
11. Third-party websites.
Hypertext links in the App may lead to websites which are not operated and/or controlled by Stagecoach. Stagecoach accepts no responsibility or liability in respect of the material on any website which is not operated and/or controlled by Stagecoach.
12. Privacy.
The App stores and processes personal data that you have provided to us, therefore your access to and use of the App is also subject to our Privacy Policy, the terms and conditions of which are hereby incorporated by reference and which can be found under the 'More' menu in the App.
13. Termination.
Stagecoach reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the App or the Stagecoach Content at any time and for any reason without prior notice or liability.
We reserve the right to change, suspend, or discontinue all or any part of the App or the Stagecoach Content at any time without prior notice or liability.
Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms will end; (b) you must stop using the App, and (if needed) delete it from your device. The following sections of the Terms will survive the termination or expiration of these Terms: 7, 8, 9, 10, 11 and 12.
14. Other important terms.
These Terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.
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.
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.
You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations. If we do assign these Terms, we will tell you who you have to contact about the App instead of Stagecoach.