Terms and Conditions

Raildar General Terms and Conditions of Use

Where a purchase is made these digital licencing terms also apply

Introduction

1.1 These terms and conditions govern your use of our website and mobile app.

1.2 By using our website or mobile app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or app.

1.3 If you register with our website, install our app, submit any material to our website or use any of our website or app services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website or app; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

1.6 Our app uses analytics software to track usage and faults in our app, by using the app you agree to the collection of this data that will be used in accordance with the terms of our privacy and cookies policy.

Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website, our mobile app and the material on our website and within our app; and

(b) all the copyright and other intellectual property rights in our website, app and the material on our website and app are reserved.

Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) use our website services by means of a web browser, and

(e) republish, redistribute and share, the Uniform Resource Locator (URL) generated by the site using the "Share" button provided on the site,
subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website) except permitted by Section 3.1e;

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website except permitted by Section 3.1e.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Licence to use our mobile app

4.1 You may:

(a) view and use information from our app in on your mobile device;

(b) republish, redistribute and share, the Uniform Resource Locator (URL) generated by the app using the "Share" button provided within the app,
subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material or screenshot our app, publish or redistrtibute any such material, without our written agreement.

4.3 You may only use our app for your own personal purposes, and you must not use our app for any other purposes. You must not use it for any business purpose or in connection with your job unless permitted in section 4.3b

(b) You may only use our app in connection with your work if, i) you work as station staff with direct contact with the general public, ii) you work as train staff with direct contact with the general public (such as a train guard or manager), iii) You or your company have a written agreement with us to use the app for your business purposes and you or your company have paid the commercial fee.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or app.

4.5 We reserve the right to restrict access to areas of our app, or indeed our whole app, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on within our app.

Mobile app subscription fees

5.1 Where you pay subscription to use our mobile app, this fee is to enhance the features of the app. The basic features remain free of charge.

5.2 Subscription fees are paid in advance and are non refundable. Subscription fees auto renew, but may be cancelled at any time. On cancellation the used portion of the subscription will not be refunded.

5.3 If we are unable to offer the mobile app service for 40% of the subscription time period or more, on request we will refund the subscription fee pro rated for the unprovided portion of the subscription. No refund will be made for outages less than 40% of the subscription time period.

Acceptable use

6.1 You must not:

(a) use our website or app in any way or take any action that causes, or may cause, damage to the website, app or impairment of the performance, availability or accessibility of the website or app;

(b) use our website or app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from our mobile app or website;

(e) use our website or app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(f) conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website or app without our express written consent;

(g) access or otherwise interact with our website using any robot, spider or other automated means, except where allowed by the directives in out robots.txt file;

(h) violate the directives set out in the robots.txt file for our website; or

(i) use data collected from our website or app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

6.2 You must not use data collected from our website or app to contact individuals, companies or other persons or entities.

6.3 You must ensure that all the information you supply to us through our website or app, or in relation to our website or app, is true, accurate, current, complete and non-misleading.

Digital products

7.1 The advertising of digital products on our website or in the mobile app constitutes an "invitation to treat" rather than a contractual offer.

7.2 It is possible that prices on the website or in the app may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

7.3 Except as expressly provided otherwise, these terms and conditions do not govern the sale, purchase or licensing of our digital products, or any other matters relating to our digital products. The sale and purchase of digital products through our website or app, and the licensing of those digital products, will be subject to our digital product licence, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

7.4 Any digital product reviews that you submit for publication on our website or mobile app shall be subject to the terms of Section 11 and Section 12.

Registration and accounts

8.1 To be eligible for an individual account on our website under this Section 8, you must be at least 18 years of age and resident in the United Kingdom.

8.2 You may register for an account with our website by completing and submitting the account registration form on our website, agreeing to these terms and conditions, and clicking on the verification link in the email that the website will send to you.

8.3 If you are a consumer, you may register for an account by using the “Sign up with Facebook” button with our website and submitting the account registration form on our website, and agreeing to these terms and conditions.

8.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

8.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

User IDs and passwords

9.1 If you register for an account with our website, you will be asked to choose a user ID and password. Your user ID will normally be your email address.

9.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.

9.3 You must keep your password confidential.

9.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

9.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Cancellation and suspension of account

10.1 We may:

(a) suspend your account; or

(b) cancel your account;

at any time in our sole discretion without notice or explanation.

10.2 You may cancel your account on our website using your account control panel on the website.

Your content: licence

11.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website or app for storage or publication on, processing by, or transmission via, our website or app.

11.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

11.3 You grant to us the right to sub-license the rights licensed under Section 11.2.

11.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.

11.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

11.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules

12.1 You warrant and represent that your content will comply with these terms and conditions.

12.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

12.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence;

(m) be pornographic;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

Report abuse

13.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

13.2 You can let us know by email.

Limited warranties

14.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

14.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

14.3 To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

14.4 While we have endeavoured to ensure the accuracy of information on the Website, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information, articles or material on the Website. The Website and the Content are provided "as is" without any warranties of any kind unless specifically stated. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Limitations and exclusions of liability

15.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

15.2 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:

(a) are subject to Section 15.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

15.3 To the extent that our website or app and the information and services on our website or app are provided free of charge, we will not be liable for any loss or damage of any nature.

15.4 To the extent that our website or app and the information and services on our website or app are charged for by means of a subscription, the limit any loss or damage will be the cost of one months subscription, that you have paid.

15.5 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

15.6 We will not be liable to you in respect of any business losses, including (without limitation) increased costs, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

15.7 We will not be liable to you in respect of any loss or corruption of any data, database or software.

15.8 We will not be liable for any loss or damages in respect to delay repay claims or payments.

15.9 You acknowledge that the data on our website and in our app may be inaccurate or incomplete. Hence we will not be liable for any loss or damages in respect of inaccurate or incomplete data.

15.10 We will not be liable to you or any other person or entity, in respect of any special, punitive, indirect, consequential, incidental or other similar damages, costs or losses arising out of this agreement, even if we have been advised of the possibility of such damages, costs or losses.

15.11 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website or app;

(d) block computers using your IP address from accessing our website;

(e) contact any or all your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

16.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Third party websites

17.1 Our website and app includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

17.2 We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Variation

18.1 We may revise these terms and conditions from time to time.

18.2 We will give you written notice (via email or message in our website or app) of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

18.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website or app, and you must stop using the website and app.

Assignment

19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

19.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

120.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

21.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

21.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

Entire agreement

22.1 Subject to Section 15.1, these terms and conditions, together with [our privacy and cookies policy], constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website and/or app.

Law and jurisdiction

23.1 These terms and conditions shall be governed by and construed in accordance with English law.

23.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Statutory and regulatory disclosures

24.1 Our VAT number is GB-102707455.

Our details

25.1 This website and mobile app are owned and operated by Arc Internet Ltd.

25.2 We are registered in England and Wales under registration number 07414635, and our registered office is at Block E, Brunswick Square, Union Street, Oldham, OL1 1DE.

25.3 You can contact us by writing to the business address given above, by using our website contact form, by email to [email protected] or by telephone on 01908 886202.

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Raildar General Terms and Conditions of Use