Terms of use

Information about us and how to contact us

1. We are Somerset Council, and our office is located at County Hall, Taunton, Somerset TA1 4DY. We provide the Slinky Digital Somerton mobile application and website (the “Booking Platform”) to facilitate demand responsive transport on certain bus services in Somerset (“Slinky Digital”) by offering a platform for you to pre-book your bus journeys on vehicles owned and operated by us.
2. You can contact us by email at HelloDDRT@somerset.gov.uk, writing to us at the above address or by phoning our customer services number on 01823 359 999.
3. The Slinky Digital service is part of a trial supported by government BISP funding. The trial may be terminated at any time by us with or without notice to you.
4. The Slinky Digital service is provided in conjunction with our licensors, Padam Mobility SaS (Padam).

End-user License Agreement (EULA) terms

1. This EULA contains the terms and conditions on which we will provide you with Slinky Digital services and digital content via the Booking Platform.
2. Your use of our vehicles requested via the Booking Platform is subject to separate conditions of carriage
3. In addition to this EULA, your use of the Booking Platform is also subject to any other terms brought to your attention when using the Booking Platform. In registering and using our Booking Platform, you agree to comply with this EULA and any restrictions or other terms brought to your attention when registering via the Booking Platform or when using it from time to time.

Registration and login details

1. The mobile application can be downloaded from both the Apple and Android application stores on your smartphone or tablet. Our website for booking the services.
2. In order to use the Booking Platform, you must register certain information to create an account. In order to create your account you must provide a username, password, UK mobile phone number and valid email address.
3. You are responsible for any activity resulting from the use of your log-in credentials on the Booking Platform.
4. You represent and warrant that the information you provide to Somerset Council upon use of the Booking Platform and at all other times in the booking process will be true, accurate, current, and complete.
5. To use the Booking Platform, you need to log-in by providing the username and password you created at registration. Your account is personal to you, and you may not share your account information with a third party.
   Note: You must be aged at least 18 years old to register to use the Booking Platform. A parent/ carer once registered is able to book journeys for their dependants.
6. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Somerset Council customer services on 01823 359 999. You will be solely responsible for the losses you incur and those incurred by Somerset Council and others due to any unauthorised use of your account.

Slinky Digital Services

1. The Booking Platform will enable you to pre-book and track travel on our vehicles that provide the Slinky Digital services. The Booking Platform is designed to cover all elements of booking the Slinky Digital services including confirmation of your pick-up point and all other Slinky Digital services available to you via the Booking Platform. Once a booking has been made, push notifications on smartphones or tablets can also be enabled to set travel reminders and to provide you with additional updates on your journey closer to the day of travel such as the vehicle registration and a live estimated time of the vehicle’s arrival.
2. From time to time we may automatically update the Booking Platform and change the Slinky Digital services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the mobile application for these reasons.
3. 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 mobile application.
4. In return for you agreeing to comply with these terms you may:

• Download or stream a copy of the mobile application onto your mobile telephone and/or handheld device and view, use and display the mobile application and the Slinky Digital services on such devices for your personal purposes only; and
• Receive and use any free supplementary software code or update of the mobile application incorporating “patches” and corrections of errors as we may provide to you.

Dependants

1. If you make a booking for a dependant, you, as the holder of the account associated with the booking, are responsible for the conduct of that dependant.

Payment and cancellations

1. The fares for the Slinky Digital services will be shown on the Booking Platform at the time of booking and if you choose to pay through the Booking Platform, will be charged to the credit or debit card stored on your account. Alternatively, payment can be made with your driver with cash or a contactless payment card. Fares are subject to change.
2. Cancellations should be made as soon as reasonably possible. Cancellations less than 1 hour before the journey time will be charged the full fare. Cancellations over 1 hour in advance will have the fare credited to your account. Repeated cancellations by you may result in the suspension or termination of your account, at our sole discretion.
3. If you are not present at the time and place designated in your booking, you will be logged by the driver as a `no show`. Return trips booked later in the day will be automatically cancelled by us if you fail to turn up for an outward trip. Repeated “no-show” instances may result in the suspension or termination of your account, at our sole discretion.
4. If we choose to cancel your existing bookings or suspend your account, you will be notified of our decision by email (including the reasons for such decision).
5. We may reinstate your account following a suspension at our sole discretion. If your account is reinstated, you will need to rebook any journeys that you may have previously intended to travel on subject to availability.

Communications

1. By registering to use the Booking Platform you agree that you have read and understood the Slinky Digital Privacy Notice. Our Privacy Notice explains how we handle and use your personal data.
2. You agree to receive SMSs and calls in respect of your journey on the mobile number you provided to us when registering for use of the Booking Platform. SMS text message and data rates, as determined by your mobile phone provider, may apply.
3. By registering to use the Booking Platform or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Booking Platform. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Booking Platform or sending an SMS to you.

Licence to you

1. Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Booking Platform and Slinky Digital service, solely as expressly permitted by these terms and in compliance with all applicable laws. Nothing in these terms should be interpreted as granting to you any licence or right to use any of the intellectual property relating to the Booking Platform, Slinky Digital, Somerset Council or Padam without the express written permission of Somerset Council, Padam or the relevant third-party owner, as applicable. The limited licence described above is revocable at any time without notice and with or without cause.

Third-party content, restrictions and acceptable use

1. You are responsible for your actions when using and relying on the Booking Platform or content available through the Booking Platform.
2. You agree to use the Booking Platform only for its intended purpose. You must use the Booking Platform in compliance with all privacy, data protection, intellectual property, and other applicable laws. You agree that you will:

a) except as permitted elsewhere in this EULA, not rent, lease, sub-license, loan, provide, or otherwise make available, the Booking Platform, mobile application or Slinky Digital service in any form, in whole or in part to any person without prior written consent from us;
b) not copy any part of the Booking Platform except as part of the normal use of the Booking Platform or where it is necessary for the purpose of back-up or operational security;
c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Booking Platform nor permit the Booking Platform or the Slinky Digital service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Booking Platform and the Slinky Digital service on devices as permitted in these terms;
d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Booking Platform or the Slinky Digital service nor attempt to do any such things;
e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Booking Platform or Slinky Digital service;
f) not use the Booking Platform or any Slinky Digital 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 Booking Platform or any operating system;
g) not infringe our intellectual property rights or those of any third party in relation to your use of the Booking Platform or any Slinky Digital service (to the extent that such use is not licensed by these terms);
h) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Booking Platform or any Slinky Digital service;
i) not use the Booking Platform or any Slinky Digital service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
j) not collect or harvest any information or data from the Booking Platform or any Slinky Digital service or our systems or attempt to decipher any transmissions to or from the servers running any Slinky Digital services;
k) not use data mining, artificial intelligence, robots, web spiders, viruses or worms or other data gathering devices on or through the Booking Platform, including any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Booking Platform;
l) not post or upload to the Booking Platform incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
m) not disclose personal information about another person
n) not sell, transfer, or assign any of your rights to use the Booking Platform to a third party without our express written consent;
o) not post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms;
p) not use the Booking Platform in an illegal way or to commit an illegal act in relation to the Booking Platform or that otherwise results in fines, penalties, and other liability to Somerset Council or others; or
q) not access the Booking Platform from a jurisdiction where it is illegal or unauthorised.

Intellectual property

1. Ownership of all intellectual property in the Booking Platform software belongs to our licensors, Padam. Somerset Council is authorised to provide you with a licence to use the Booking Platform, strictly subject to your compliance with all of your obligations as set out in this EULA.
2. You have no intellectual property rights in, or to, the Booking Platform or the Slinky Digital service other than the right to use them in accordance with these terms.
3. You understand and agree that you will not obtain as a result of your use of the Booking Platform, any right, title or interest in or to such content delivered via the Booking Platform or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in the content. Somerset Council and Padam logos, and the product names associated with the App are trademarks of Somerset Council, Padam or third parties, and no right or licence is granted to use them.
4. Certain materials made available for download from or through the Booking Platform may be subject to additional or different licence terms and conditions. Except as provided within these terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Booking Platform.

Changes to these Terms

1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
2. We will give you notice of any change by notifying you when you next access the Booking Platform.
3. If you do not accept the notified changes, you may not be permitted to continue to use the Booking Platform and the Slinky Digital service. If you are permitted to continue to use the Booking Platform and the Slinky Digital service in accordance with the existing terms, certain new features may not be available to you.

Prevention of access

1. We reserve the right to suspend or terminate your account and prevent access to the Booking Platform for any reason, at our discretion. We reserve the right to refuse to provide you with access to the Booking Platform in the future.
2. If you do not act acceptably in accordance with the terms of this EULA, we may prohibit your use of the Booking Platform.
3. Somerset Council or Padam may suspend your right to access or use the Booking Platform if we determine, in our reasonable discretion, that you: a) pose a systemic security risk to or may materially harm the Booking Platform, the Slinky Digital service, or any third party; or b) may materially adversely impact the services, systems, or content of Somerset Council or Padam or any other Padam customer.
4. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these terms and your use of the Booking Platform.
5. If we end your rights to use the Booking Platform and Slinky Digital service:

a) you must stop all activities authorised by these terms, including your use of the Booking Platform and the Slinky Digital service; and
b) you must delete or remove the mobile application from all devices in your possession and immediately destroy all copies which you have.

Liability

1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. Any matter relating to your journey on our vehicle(s) is governed by separate conditions of carriage.
2. Our liability to you under this EULA is limited to £500 in aggregate. 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 or for breach of your legal rights in relation to the Booking Platform.
3. We only supply the Booking Platform for domestic and private use. If you use the Booking Platform for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. We are not liable for the actions of users when they use the Booking Platform. We may also change the Booking Platform at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Booking Platform or other websites.
5. We may change, suspend, or discontinue any aspect of the Booking Platform at any time, including hours of operation or availability of the Booking Platform or any feature, without notice or liability.
6. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Booking Platform. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of our vehicle(s) that are used to carry out your booked journey.
7. We are not responsible for events outside our control. If our provision of the Slinky Digital service or support for the Booking Platform 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.

Other important terms

1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. These terms are between you and us. Other than as explicitly stated in this EULA, no other person shall have any rights to enforce any of the terms.
4. 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.
5. 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.
6. These terms are governed by English law, and you can bring legal proceedings in respect of these terms in the English courts.

Conditions of Carriage

1. When you use the Booking Platform to book a journey, you enter into these terms with us. In making the booked journey you must comply with our conditions of carriage which set out your legal relationship with us as the bus operator in respect of your journey on our vehicle(s).
2. If you breach our conditions of carriage, we reserve the right to cancel any existing bookings you have and/or suspend operation of your account at our sole discretion and to not take any further bookings from you for such period of time as we deem appropriate.
3. Children aged 5 and under should normally be accompanied by an adult on the vehicle.
4. You must familiarise yourself with our conditions of carriage before making your journey.