Transport Information Service

Terms and conditions for Transport Information Service

Thank you for registering to receive Transport for London's ("TfL's") free transport information service ("the Service" as further defined below). Use of the Service is governed by these Terms and Conditions and the Syndication Developer Guidelines. By using the Service you ("You" or where applicable "Your") agree to be bound by these Terms and Conditions and the Syndication Developer Guidelines which are hereby incorporated.

TfL may at any time revise these Terms and Conditions and/or the Syndication Developer Guidelines without notice. It is up to You to regularly review the Terms and Conditions and/or the Syndication Developer Guidelines, which will be available at this URL, in case there are any changes. Your continued use of the Service after a change has been made to the Terms and Conditions and/or the Syndication Developer Guidelines will be treated as Your acceptance of that change.

Definitions

In these Terms and Conditions;

"Service" means the provision by TfL to You of the transport information feeds which You have opted to receive;

"Syndication Developer Guidelines" means the guidelines for use of the Transport Information as published by TfL from time to time;

"Transport Information" means the transport information provided in the Service; and

"Your Website" means the root URL of the website which You provided us with on registration.

The Service

1.1 Subject to the limitations and conditions set out below, You may display the Transport Information provided in the Service in the manner set out in the Syndication Developer Guidelines in conjunction with other information (and subject to the mandatory requirements) You provide to end users.

Your use of the Service and accompanying Warranties

2.1 You shall:
2.1.1 ensure that at all times Your use of, and display of the Transport Information complies with the requirements of these Terms and Conditions and the Syndication Developer Guidelines;
2.1.2 not charge the public directly or indirectly for the provision of the Transport Information. For the avoidance of doubt, You are not prevented from including advertising on Your Website (subject to the other restrictions in these Terms Conditions and the Syndication Developer Guidelines) but may not levy or apportion any charge on users of Your Website for making the Transport Information available;
2.1.3 only use the Transport Information in accordance with these Terms and Conditions and the Syndication Developer Guidelines, and not use such information in any way that causes detriment to TfL or brings TfL into disrepute. The rights granted to You under these Terms and Conditions are limited to accessing and displaying or otherwise making available the Transport Information for the purposes stated by You in Your registration. You undertake not to use the Transport Information for any other purposes whatsoever including, without limitation, for the purposes of entertainment or research and, subject to paragraph 8.1.1, You shall not make the transport information feeds available to any third parties, save with TfL's prior written consent;
2.1.4 not dismantle or otherwise amend the Transport Information;
2.1.5 not include any advertisements in the Transport Information. For the avoidance of doubt, advertisements can be run alongside, above and below the Transport Information. More detailed requirements in relation to advertisements are set out in the Syndication Developer Guidelines;
2.1.6 be responsible for and pay all costs related to the provision, maintenance, rental and use of all equipment and electronic and other links required for the receipt of the Service;
2.1.7 only display the Transport Information on the internet at the root URL (i.e. the address of Your Website: http:[anyname].co.uk/), or a derivative of the root URL, of Your Website, or through media other than the Internet, provided that You notified TfL of Your intention to use these media in Your registration;
2.1.8 procure that access to and use of the Transport Information is subject to terms and conditions prohibiting unauthorised redistribution and publication and protecting TfL's Intellectual Property Rights (as defined below);
2.1.9 comply with all applicable laws and regulatory requirements in relation to Your receipt and use of the Service; and
2.1.10 not represent Yourself as TfL or an agent or partner of TfL or make any representations, warranties or guarantees in respect of the Service except as set out in these Terms and Conditions.
2.2 You warrant and undertake that You will reproduce the Transport Information accurately and only in the form provided by TfL. The Travel Information may be combined with other data provided that in doing so it is not amended or dismantled in any way and provided such combination does not infringe any third party Intellectual Property Right.
2.3 TfL reserves the right to make such alterations to the Transport Information feeds as it sees fit. TfL will notify You of such alterations in advance by email, to the email address You provided to TfL on registration, and will allow You reasonable time to make such changes as are necessary for You to receive the updated Transport Information feeds.

Intellectual Property Rights

For the purposes of these Terms and Conditions, "Intellectual Property Rights" shall mean any patent, know-how, trade mark, or name, service mark, design right (in each case whether registered or unregistered), copyright, rights in passing off, database right, rights in commercial or technical information, any other rights in any invention, discovery or process and any other intellectual property rights, whether registered or unregistered and including applications for the grant of any such rights and all rights or forms or protection having equivalent or similar effect in each case in the United Kingdom and anywhere else in the world.
3.1 You acknowledge and agree that TfL owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and Transport Information and that You shall not acquire any right, title, or interest in or to the Service and Transport Information, except as expressly set forth in these Terms and Conditions.
3.2 TfL hereby grants You a non-transferable, non-exclusive, royalty-free licence:
3.2.1 to use all the Intellectual Property Rights in the Transport Information solely in accordance with paragraphs 1.1 and 2.1; and
3.2.2 to use and apply the TfL trade marks solely in connection with Your display of the Transport Information. You shall use the TfL trade marks only in the form and manner directed or approved by TfL in the Syndication Developer Guidelines and shall comply with any brand guidelines reproduced on this website by TfL from time to time. All goodwill arising from the use by You of the TfL trade marks shall accrue to the benefit of TfL.
3.3 Such licence is granted for the duration of these Terms and Conditions.

Term and Termination

4.1 These Terms and Conditions (as varied from time to time) shall apply from the date of acceptance and shall continue for the period the Service is provided.
4.2 TfL shall have the right in its sole discretion, to terminate these Terms and Conditions forthwith if any of the information You provided on registration is found to be inaccurate.
4.3 Either party may terminate these Terms and Conditions at any time, for any or no reason including, but not limited to, by TfL if You engage in any action that TfL believes disparages or devalues TfL Group's ("TfL Group" means TfL and any entity in which TfL holds a 50 per cent or greater share) reputation or goodwill
4.4 TfL may change, suspend or discontinue all or any aspect of the Service or Transport Information, including its availability, at any time, and may suspend or terminate Your use of the Service at any time and for any reason.
4.5 Upon termination of these Terms and Conditions for any reason, all rights granted under, or in connection with, these Terms and Conditions shall terminate, and You shall immediately remove the Transport Information and TfL trade marks and all references to it or them from Your Website.

Disclaimer and Liability

You acknowledge that the following limitations and exclusions of liability are reasonable since the Service is not bespoke and is provided free of charge.
5.1 TfL shall use its reasonable endeavours to ensure that the Service functions correctly and is accurate and complete in all material respects.
This will not always be achievable and therefore the following disclaimer applies:-
5.2 The Service is provided "as is" without any representation or endorsement and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, accuracy and security. TfL does not guarantee or represent that the Transport Infromation and/or the Service will always be accurate, complete or current or that access to the Service will be uninterrupted.
5.3 TfL shall use its reasonable endeavours to ensure that:
5.3.1 the Transport Information is not defamatory, obscene or illegal; and
5.3.2 the Transport Information does not contain any virus. For the purposes of this paragraph 5.3.2, TfL's obligations shall be limited to using commercially available virus checking software.
5.4 Subject to the other paragraphs of this paragraph 5, receipt of the Service and display of the Transport Infromation is entirely at Your own risk. You will be solely responsible for any resulting damage to Your software or computer systems and/or any resulting loss of data, from Your use of the Service pursuant to these Terms and Conditions and/or any reliance which You may place upon the Service.
5.5 Subject to the other paragraphs of this paragraph 5, TfL expressly disclaims all liability (whether incurred directly or indirectly) for all loss and/or damage occasioned from the use and/or inability to use the Service or any part of it.
5.6 Subject to the other paragraphs of this paragraph 5, TfL's and Your aggregate liability in connection with these Terms and Conditions (whether arising in contract, tort (including negligence) breach of statutory duty or otherwise) and limit of indemnity under these Terms and Conditions shall be limited to £2,000,000 (two million pounds) in respect of any one event and £5,000,000 (five million pounds) in the annual aggregate. This limit of liability shall not apply to any liability relating to breach of third party intellectual property rights or advertising injury.
5.7 Nothing in these Terms and Conditions shall limit either TfL's or Your liability for death or personal injury caused by negligence, and/or the negligence of either TfL's or Your respective employees or agents or for fraud.

Indemnity

6.1 Subject to paragraph 5, You shall be liable for and agree to indemnify the TfL Group together with their employees, agents and sub-contractors against any expense, liability, loss, claim or proceedings whatsoever arising under statute or at common law ("Losses") in respect of:
6.1.1 personal injury to or death of any person which may arise out of or in the course of or by reason of any act, omission or default committed by You, Your employees, sub-contractors and agents in the performance, non-performance or part performance of these Terms and Conditions; and
6.1.2 any injury, loss or damage whatsoever to any property real or personal (including property belonging to the TfL Group or for which they are responsible) arising out of or in the course of or caused by the operation of these Terms and Conditions (including any loss resulting from any wrongful or deliberate act of any employee agent or sub-contractor or other person under Your direct control).
6.2 You are not responsible for, and shall not indemnify the TfL Group for any Losses to the extent that such Losses are caused by any breach or negligent performance of any obligations under these Terms and Conditions by TfL and/or any member of the TfL Group including by any of their respective employees or agents.
6.3 Subject to paragraph 5, TfL shall be liable for and agrees to indemnify You against any Losses in respect of any claim by a third party alleging that:
6.3.1 any information contained in the Transport Information is defamatory, obscene or illegal;
6.3.2 the Transport Information infringes any Intellectual Property Right of such third party.
6.4 In respect of any claim arising under the indemnities contained in paragraphs 6.1 and 6.3, the party indemnified shall:
6.4.1 promptly notify the other party of such claim;
6.4.2 provide the other party at the other party's cost with reasonable information, assistance and cooperation in defending the claim;
6.4.3 admit no liability for any alleged claim(s) and make no settlement (unless otherwise instructed by the other party);
6.4.4 give the other party full control and sole authority over the defence and settlement of such claim; and
6.4.5 use its reasonable endeavours to minimise the loss arising under such indemnity.

Privacy

7.1 7.1 TfL's Privacy Policy will apply to all personal information collected in connection with Your use of the Service.

General

8.1 Assignment & sub-contracting: Subject to paragraph 8.1.1 You shall not be entitled to assign, novate or subcontract the whole or any part of these Terms and Conditions.
8.1.1 paragraph 8.1 shall not apply where the sub-contracting of these Terms and Conditions is solely for the purpose of implementing the display of the Transport Information.
8.2 Non-Waiver of rights: Failure by TfL to insist upon strict performance of any part of these Terms and Conditions, or delay in or failure to exercise any rights or remedies to which it is entitled shall not constitute a waiver of such right or remedies, nor shall termination of these Terms and Conditions by TfL operate as a waiver of any of its terms. Any express waiver of any breach of these Terms and Conditions by TfL does not constitute a waiver of any subsequent breach of these Terms and Conditions. Waivers shall only be valid if recorded in writing and signed by the waivor.
8.3 Illegality and Severability: If any provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these Terms and Conditions and the remaining provisions shall continue in full force and effect as if these Terms and Conditions had been executed without the invalid, illegal, or unenforceable provision.
8.4 Survival: The provisions of paragraphs 4.5, 5, 6, 7 and 8 and any other paragraphs that are necessary to give effect to those paragraphs shall survive termination or expiry of these Terms and Conditions.
8.5 Rights of Third Parties: Save that any member of the TfL Group has the right to enforce the terms of these Terms and Conditions in accordance with the Contracts (Rights of Third Parties) Act 1999, the parties do not intend that any of the terms contained in these Terms and Conditions will be enforceable by any other person.
8.6 Entire Agreement: These Terms and Conditions, the Syndication Developer Guidelines and all documents referred to in them constitute the entire agreement between You and TfL and govern Your use of the Service, superseding any prior agreements between You and TfL. Only representations contained in these Terms and Conditions are actionable.
This does not exclude any liability which one party would have in respect of any statement it has made fraudulently to the other party.
8.7 Governing Law: The laws of England and Wales apply to these Terms and Conditions.
8.8 Jurisdiction: If any dispute arises between You and TfL in relation to Your access or use of the Service and You want to take court proceedings, You must do so in the courts of England and Wales.

Updated 14 July 2009