Term and conditions
App Terms of Use
The use of the m.connect (the “App”) and the m.connect Services (the “Services”) is governed by the terms and conditions set out below, as updated by the Operator (Moray Council) from time to time. By downloading the App and/or using the Services, a User is taken to have accepted the terms and conditions in their entirety, and a contractual relationship is formed between the User and Operator (Moray Council). A User is responsible for their compliance with these terms and conditions (including any updated versions).
PLEASE ENSURE YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS FULLY BEFORE USING THE APP OR THE SERVICES.
If a User does not agree to these terms and conditions, they must not use the Services or the App. These terms and conditions supersede any prior arrangement between the User and Operator (Moray Council), and the Operator (Moray Council), may at any time update these terms, cease offering some or all of the Services or terminate the contractual relationship established above. Amendments to these terms and conditions will be published on the Operator(Moray Council), website and continued use of the App or the Services by the User is taken as acceptance of these terms as amended.
Users will require their own internet connection to use the App and will be responsible for any associated costs of data use. Users are responsible for enabling notifications from the App to ensure Users receive confirmation of the booking, notifications in relation to their trip any other updates or notifications from Operator from time to time. Users may choose not to enable notifications however by doing so, the User acknowledges that their use of the App may impact their use of the Services.
In addition, supplemental terms may apply to certain services, such as the use of WiFi on the Vehicles – these will be made available by the Operator on their website or before the time of use of such services.
Definitions
In these terms, the following terms and definitions apply unless otherwise stated:
“App” means the m.connect customer application available for download from the Google Play and Apple App Store stores.
“Associated Parties” means HITRANS and its subsidiaries (the “Group”), the Operator’s and Group’s contractors and subcontractors, agents, affiliates and advisers.
“Booking” means a confirmed agreement for the Operator to pick up the User at a nominated time and location and transport them to an agreed location.
“Conditions of Carriage” means the Moray Council, conditions of carriage applicable to Users when using the Services, available on http://www.moray.gov.uk/moray_standard/page_125954.html
“Services” means the provision of Demand-Responsive Transport services by or on behalf of Operator available to be booked by the User.
“Operator” means Moray Council, as does the terms “we” and “our”.
“User” means any individual that downloads the App and/or uses the Services, as do the terms “you” and “your”.
“Vehicle” means a vehicle used by Operator (Moray Council), to provide the Services.
Description of the Services
Account Requirements
To access the Services, Users will need to create an account in the App or on the Operator's website. To create an App account, Users must not be under 13 years old.
The creation of an account will require the provision of Personal Information and payment methods. Operator will treat all Personal Information provided by the User in accordance with our Privacy Policy.
By becoming a User, individuals warrant that they have the right, authority and capacity to enter into and abide by these terms and conditions and agree not to allow any other person access to their account.
To board a vehicle users must have a booking – Operator Vehicles will not, under any circumstances, pick up passengers hailing Vehicles or waiting at ranks.
We will use reasonable care and skill to make the App is available for use and operative at all times during which we operate the Services, however we will not be responsible or liable for failure of the App, which is beyond our reasonable control.
The operator does not warrant that the app or the services will be accurate, reliable, secure, accessible or free from errors or defects. It is the responsibility of the user to investigate whether use of the services will meet their requirements.
Children Travel Policy
Under 10s
Passengers under 10years must be accompanied by an adult. Children under 13 years old cannot register to be a user of the App. Booster seats are not available for smaller children.
Ten years or older
Children 10 years or older can travel independently. If children are travelling independently, we highly recommend the booking is made on the phone or device they will be travelling with to ensure they receive notifications about their trip. Children under 13 years cannot register to be a user of the App.
13 years and older
Children 13 years and older can register to be a user of the App and travel independently.
Bookings
When is a Booking made?
A Booking is made on confirmation from the Operator and notification of the estimated pick up time is provided. Until a User has received this notification, no Booking will be accepted by Operator. Bookings can be amended or cancelled by the Operator up to the point of pick up.
Operator reserve the right to refuse carriage to Users who do not have evidence of their Booking in the form of either (i) a printed paper confirmation or (ii) an App confirmation on their mobile phone which can be displayed to the driver on pickup carriage may also be refused for breach of the Operator’s conditions of carriage.
Multiple Passengers
Users must nominate at the time of Booking if booking a trip for additional passengers to that User. A User acknowledges that a failure to notify Operator at the time of arranging the Booking may entitle Operator to refuse carriage to the additional passengers and/or cancel the Booking in its entirety.
Specific Assistance
Users who require assistance with boarding should notify the Driver, who will endeavour to assist.
Seat allocation
The Services currently do not provide for allocated seating and it is therefore the responsibility of the User to select a seat when they board the Vehicle. The safety of the User, including the use of seatbelts, is the responsibility of the User in all circumstances.
Pick up locations
Pick up locations are defined at the point of booking and the Operator will endeavour to meet stop at these locations or as close as is reasonably practical. These may be revised if the location creates a road safety risk for the Operator or other road users.
Changes to Bookings
You can cancel your trip through App. If you cancel your trip more than two hours ahead of your allocated pick up time, you will be refunded in full. If you cancel your trip any less than two hours before your trip, or do not show up at the allocated trip pickup time, you will not be refunded.
If a User repeatedly cancels trips without notifying Operator in advance, the User may be automatically ‘red flagged’ in our systems and may not be able to book On Demand trips in the future.
Fares and Charges
Fares for the Services are available at the time of booking on the app or verbally during a phone booking and are based on a zoned fare structure. Fares are reviewed annually and are subject to change – current pricing will be available on the app or verbally during a phone quotation prior to a service commencing. Unless otherwise stated, fares are inclusive of all taxes. The applicable fare will become due and payable to Operator on the later of:
- For Users who nominate to pay online through the app (being Visa, Mastercard) at the time of booking;
- If the User does not show for their Booking at the notified pick-up time, at the notified pick-up location.
Payments will be processed in accordance with the method of payment nominated at the time of Booking by the User. A failure to pay for the Services when they become due and payable will entitle Operator to cancel the Booking and/or refuse carriage of a User. Receipts will be issued by email to the User on payment of the Fare.
Where available, if a User books a concession fare that User must carry evidence of their valid concession entitlement with them at all times when using the Service and this must be clearly displayed to the driver on request. If a User fails to provide a valid concession entitlement Operator reserve the right to either (a) charge a full fare or (b) refuse carriage at Operator’s discretion.
Operator reserve the right to charge additional cleaning and repair fees to cover the cost of any significant damage, soiling or graffiti caused directly by a User (excluding fair wear and tear).
Conditions of Carriage
When using the Services, you agree to abide by all relevant laws the Operator’s Conditions of Carriage, including those in relation to passenger behaviour, public health requirements, and the carriage of children, buggies and wheelchairs, luggage and assistance animals.
A failure to abide by any of the above may result in Operator prohibiting a User from using the Services and/or suspending their account.
Privacy and Personal Information
Use of the application or Operator website may require individuals to disclose personal information when creating their user profile. The application will also collect information about the Users' use of the Services, including trips booked and payments made. Any Personal Information received by Operator will be treated in accordance with our privacy policy, located on our website - http://www.moray.gov.uk/moray_standard/page_125954.html
The information and data from these Services may be used to generate anonymised and aggregated statistical and analytical data and be used for the Associated Parties’ internal research and product development purposes and to conduct statistical analysis and identify trends and insights. In addition, the Associated Parties’ may supply the aggregated statistical and analytical data to third parties following Operator’s written consent. Personal Information (information or an opinion about passengers), collected from Users, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together with Personal Information) collected by Operator may be disclosed to Client.
By using the Services provided by Operator, Users consent to the collection, use and disclosure of their Personal Information in the manner set out in the Privacy Policy. The consents and rights above will survive the expiry of these Terms and Conditions.
Ownership of Intellectual Property
All IP associated with the Services is owned by Operator and its Associated Parties unless otherwise specified. Through these terms and conditions, the User is granted a revocable, non-perpetual, non-exclusive licence to use the App for the purposes outlined above and no other purpose. Operator gives no warranties, we have taken reasonable care and skill to ensure all third party IP used in the licence is used with the necessary permissions and we will not in be liable to you in respect of claims made against you as a result of use of the App alleging that your Use of the App infringes a third party IP rights.
Any material uploaded by the User will become the property of Operator. By uploading any images or other materials onto public areas of the application, the User consents to the use of these in promotional material or other publications by Operator.
Limitation of Liability
Operator will, at all times, use reasonable care and skill to deliver the Services in line with these terms and conditions and the [Conditions of Carriage].
To the extent permitted by law, operator and its associated parties are not liable for any loss (including direct or indirect losses, damage, liability or expenses arising naturally from the performance or non-performance (including any negligent or wilful act or omission) any breach or default by operator or a third party) caused, or contributed to, by the user’s use of the app or the services.
Without limiting this section, operator will not be liable for any costs incurred by a user as a result of unavailability of the app and/or a cancelled service, including consequential damages or the cost of alternative travel arrangements, including without limitation for any failure to meet a subsequent journey on any form of transport. Subject to the below, in no event will operator’s liability to a user exceed the cost of the booking which gave rise to the liability in relation to any incident or claim.
Nothing in these terms effects your Statutory Rights as a consumer in England and Wales.
Indemnity
You agree to indemnify the operator, and associated parties, as well as their directors, officers, employees and agents from any and all claims, liabilities, losses and expenses arising from or in connection with:
- Your use of the app and/or the services;
- Your breach or violation of any of these terms;
- Operator’s use of information provided by you (provided this is in accordance with our privacy policy); or
- Your violation of the rights of any third parties, including third-party providers and other users; and
- Any other losses suffered by the operator as a result of your use or misuse of the app and/or the services.
Suspension or Termination of Accounts
We may cease to operate the App or make it available at any time (either permanently or temporarily) to individual Users or all Users at the Operator’s discretion and, other than refunding the values of any balance associated with unused portions of Bookings made using the App shall have no liability to you for such temporary or permanent cessation.
Dispute Resolution
The Operator values feedback, questions and concerns from Users in relation to the App and the Services and will endeavour to respond to all genuine enquiries as soon as possible. All feedback and enquiries should be lodged at first instance using the following methods:
By email on Transport@moray.gov.uk
By telephone on 0300 1234565
By post by writing to
Customer Service
PO Box 6760
Elgin
Moray
IV30 9BX
General Provisions
Entire Agreement
This document records the entire agreement between the parties. The parties exclude all terms implied by law, where possible. Neither party has given any warranty or made any representation to the other party about the Services, other than those warranties and representations expressed in this document.
Severance
In the event that any term should be held to be unenforceable that term shall be read down or severed and the remainder of these terms and conditions shall continue to apply to the Services.
Governing Law
These Terms are deemed to have been made in England and is governed by English Law. Any dispute relating to this Agreement shall be referred to the English Courts. For the exclusive benefit of the Operator, the Operator retains the right to bring proceedings in the courts of the country of your residence or your principal place of business.
Security
If you lose the mobile device on which your mobile tickets are stored, we will not be liable to issue replacement mobile tickets. The safekeeping of the mobile ticket is your responsibility. In the event that the mobile ticket or your device is lost or damaged, we will be unable to provide a duplicate or replacement ticket and a new ticket will need to be purchased.
Technical Requirement
The App may only be accessible and function when used in conjunction with certain devices and or operating system. It is your responsibility to ensure that the mobile device that you operate the App on has the required version of the relevant operating system. You are responsible for all data charges incurred when using the App with the provider of data services to your mobile device.
Moray Council Public Transport Unit
Operators of the m.connect service in Moray