1.1 What these terms cover. These are the terms and conditions on which you can register to use our services, website, content, tools and software (the NaviGoGo Services) and on which we supply the NaviGoGo Services to you during the trial of the NaviGoGo Services (the Trial). The Trial will end on 31 March 2018.
1.2 The NaviGoGo Services include the ability for you to place orders for tickets for journeys (Bookings) from third party rail, bike hire and taxi operators (Providers) which, during the Trial, will be limited to journeys within Dundee and North East Fife (the Journeys). During the Trial, you will be required to pay for all Bookings only from a personal sQuid account (sQuid Account).
1.3 Why you should read them. Please read these terms carefully before you register to use the NaviGoGo Services or submit any orders to us. These terms tell you who we are, how we will provide services to you, how you and we may change or terminate the Bookings, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.4 Information outside of the NaviGoGo Services. Where we provide you with information about travel and journeys for which you cannot make Bookings during the Trial (bus journeys for example), although we make reasonable efforts make sure this information is accurate and up-to-date, we make no representations, warranties or guarantees, whether express or implied, that this information is accurate, complete or up-to-date.
2.2 All Providers will be responsible to you in respect of the Journeys you have booked, although your contract for the Journeys will be with us. You should, however, follow any rules and restrictions as to your behaviour imposed by the Providers while on the Journeys.
2.3 All Bookings for Journeys by rail are subject to the National Rail Conditions of Travel. The National Rail Conditions of Travel sets out the minimum level of services you are entitled to in respect of train journeys, and sets out your rights and responsibilities for journeys made on the UK railway network.
2.4 As you are required to pay for all Bookings during the Trial from your sQuid Account, you are responsible for your sQuid Account and you must adhere to the sQuid terms and conditions.
2.5 When using the NaviGoGo bike hire, provided by NextBike UK, you must adhere to the NextBike terms and conditions.
3.1 To register to use the NaviGoGo Services and for us to provide you with NaviGoGo Services during the Trial you must:
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4.1 Who we are. We are ESP Systex Holdings Limited a company registered in England and Wales. Our company registration number is 07123448 and our registered office is at 68 – 74 Holderness Road, Hull, East Yorkshire, HU9 1ED. How to contact us. You can contact us by telephoning our customer service team (0330 678 0455) or by writing to us at email@example.com.
4.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when registering your Account.
4.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
5.1 Your Account is meant for your individual use only.
5.2 You may cancel your Account at any time if you no longer wish to use the NaviGoGo Services by writing to us at firstname.lastname@example.org.
5.3 You are responsible for keeping your password and account details confidential, and you are responsible for any activities on your Account, unless such activities are caused by our negligence or breach of these terms.
5.4 You acknowledge that you will be financially responsible for any bookings which are made through the NaviGoGo Service using your Account and for all reasonable and foreseeable losses which we suffer as a result of your breach of these terms or your negligence when using the NaviGoGo Service (including where you let anyone else use your Account).
5.5 You represent that you are not purchasing any tickets via the NaviGoGo Services on behalf of, or for the benefit of, anyone else, including any blocked person (but not including where you are travelling with a companion due to mobility issues or disability).
5.6 You must not:
5.7 We reserve the right to restrict or block access to the NaviGoGo Services or terminate any Account due to breach of these terms or if an Account has not been logged into within the previous six (6) months.
5.8 During the Trial, please try all of the NaviGoGo Services and features, and rate Journeys, leave reviews and tips for all Journeys made by utilising the review function in 'my journeys' in your Account.
5.9 While you are free to tell friends, family and work colleagues about the NaviGoGo Services and the Trial and post on social media about NaviGoGo, you must not talk to any media bodies (including but not limited to news outlets, news websites and the press) about NaviGoGo unless we have explicitly given you written permission to do so.
5.10 After the Trial ends on 31 March 2018 your Account will be deactivated and you will not be able to access your Account.
6.1 During the Trial, Young Scot will credit your sQuid Account with £20.00 on the first working day of each calendar month during the Trial (Free Trial Credit). Up to £20 of unused free trial credit can be rolled over into the following month.
6.2 The Free Trial Credit can only be spent on Bookings (meaning placing of orders for tickets for Journeys through the NaviGoGo Services) and must not be withdrawn from your sQuid Account at any time.
6.3 You will need to add your own funds to your sQuid Account (User-Added Credit) if the Journeys you wish to take cost more than the Free Trial Credit. The Free Trial Credit will be used to pay for Bookings before any of your own funds are used.
6.4 You may withdraw User-Added Credit at any time subject to the terms and conditions of sQuid.
6.5 At the end of the Trial, we will email you to set out what Free Trial Credit you have outstanding. Any remaining Free Trial Credit must be returned to Young Scot (as directed in our email following the trial close on the 31st March 2018).
6.6 You must not:
7.1 Use of the NaviGoGo Services. The NaviGoGo Services are designed to provide you with information on journeys you may wish to take, and provide you with options as to how to travel on those journeys. While the NaviGoGo Services can be used to make Bookings with Providers, you are responsible for selecting the Journeys you wish to make and making the Bookings.
7.2 We cannot guarantee the availability of all journey options when you use the NaviGoGo Services. Availability of a journey can only be recognised when we confirm your booking via e-mail We use all reasonable endeavours to ensure the accuracy of the information provided for Journeys on the NaviGoGo Services, but cannot guarantee all information is correct and will take all reasonable steps to notify you of errors and to correct any errors. You can report any errors to us by writing to email@example.com or by phoning our customer service team (0330 678 0455).
7.3 How we will accept your Bookings. You will submit an order for a Journey by selecting "Book and Pay" or other similar confirmation of acceptance in the order flow. By placing the order you are agreeing to these terms applying to the Booking and you will be responsible for any costs associated with the Journey and set out as part of the order.
7.4 After you have placed an order, we will confirm whether an order has been accepted or not via email within 1 hour. Where an order has been accepted, at that point there will be a Booking and a contract will come into existence between you and us.
7.5 If we cannot accept a Booking. If we are unable to accept a Booking, we will inform you of this via email and we will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because the relevant Provider is unable to provide the Journey, because we have identified an error in the price, because you have insufficient funds in your sQuid account at the time you are making the Booking or because you have not provided sufficient details to complete the booking.
7.6 Your booking number. We will assign a Booking number to your Bookings and tell you what it is when we accept your Bookings. It will help us if you can tell us the Booking number whenever you contact us about a Booking.
7.7 Geographical Restriction. During the Trial, the NaviGoGo Services are solely for the promotion of our services in Dundee and North East Fife. During the trial you will not be able to plan or book a journey out with these areas using the NaviGoGo services. These areas are defined by the postcodes in section 3.1 above.
If you wish to make a change to the services you have ordered please contact us by telephone. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract see below.
9.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
9.2 We will require you to accept the changes to these terms the next time you log into your account following the changes.
9.3 If you do not accept the notified changes you will not be permitted to continue to use the NaviGoGo Service.
10.1 Delivery of tickets. When you make a Booking, you will be informed by e-mail of how any tickets will be delivered or can be collected by you.
10.2 We are not responsible for delays to Journeys outside our control. If your Journey is delayed by an event outside our control then, where possible, you will be contacted by us or the relevant Provider as soon as possible to let you know and the Provider will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of a substantial delay or the Journey is cancelled by the Provider, please contact us to arrange a refund or an alternative journey.
10.3 What will happen if you do not give required information to us. You are required to keep your details on your Account up-to-date and to give us accurate information about each Journey. If you give us incomplete or incorrect information, or your Account is not up-to-date, we will not be responsible for the Journeys or any part of them being incorrect if this is caused by you not giving us the information we or any of the Providers need.
10.4 Your responsibility for tickets. It is your responsibility to ensure you carry the correct tickets or confirmation for any Journey, along with any proofs of ID and railcards that are required for your Journey., If the ticket for your Journey is an electronic ticket, you are responsible for activating the electronic ticket before a Journey starts.
11.1 Due to the nature of the NaviGoGo Services (being contracts for passenger transport services), it is not always possible to terminate a Booking and you do not have a right to terminate a Booking because you have changed your mind. However, if you do wish to terminate a Booking, please contact us and we will take reasonable endeavours to terminate the Booking but are under no obligation to do so.
11.2 Tell us you want to terminate a Booking. To terminate a Booking with us, please let us know by calling our customer services team on 0330 678 0455. Please provide your name, NaviGoGo booking reference number, details of the order and, where necessary, your phone number and email address.
11.3 How we will refund you. Where termination of a Booking is possible, we will refund you the price you paid for the Booking to your sQuid Account. However, we may make deductions from the price, as described below.
11.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for any termination costs charged to us by the relevant Provider or any price for the Booking that we cannot recover from the Provider.
11.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, your refund will be made within 14 days of your telling us you have changed your mind.
12.1 Where we terminate any Bookings. We may terminate any Bookings at any time by writing to you if:
12.2 You must compensate us if we have to terminate Bookings. If we terminate any Bookings in the situations set out in clause 12.1 we will refund any money you have paid in advance for the Bookings for Journeys that have not taken place but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.1 How to tell us about problems and give us feedback. If you have any questions or complaints about the NaviGoGo Services, or to provide feedback during the Trial, please contact us. You can telephone our customer service team (0330 678 0455) or write to us at firstname.lastname@example.org.
13.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with these terms. The Consumer Rights Act 2015 says that you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
14.1 Where to find the fixed price and estimated price for the Journeys. The price or estimated price of the Journeys (which include VAT) will be the price indicated on the order pages when you plan a Journey using the NaviGoGo Services. We take all reasonable care to ensure that the price of the Journeys advised to you is correct at time of planning and that estimated prices are accurate. However please see clause 14.3 for what happens if we discover an error in the price of the Journey you book and clause 14.4 to explain how the estimated price is calculated and what they mean.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your Booking date and Journey date, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Journeys you book may be incorrectly priced. We will normally check prices before accepting your order so that, where the Journey's correct price when you book is less than our stated price at your order date, we will charge the lower amount. If the Journey's correct price when you book is higher than the price stated to you, we will contact you for your instructions before we accept your Booking.
14.4 Estimated Prices. When planning or booking a journey that does not have a fixed price, we provide an estimated price based on the information in your account and the details of your planned journey (based on the minimum time and distance). This estimated price may differ from the actual price once you have completed your journey. The Estimated Price is provided as an indicator only and you are responsible for paying the actual price at the end of your trip. An Estimated Price is provided for journeys using the following: taxis, bike hire and car club hire.
14.5 When you must pay and how you must pay. Payment for all Bookings during a month period will be taken from your sQuid Account within the first few days of the following month. We will email you details of your Bookings and the funds we intend to take two (2) working days before we take any funds from your sQuid Account (your Bookings Summary) and it is your responsibility to ensure there are adequate funds in your sQuid Account to cover the amount we intend to take.
14.6 What to do if you think a Bookings Summary is wrong. If you think a Bookings Summary is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14.7 What if there is not adequate funds in your sQuid Account. If you do not have adequate funds in your sQuid Account to cover a Bookings Summary, we will notify and request that you increase your sQuid Account balance to cover the relevant invoice.
15.1 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 in respect of each affected Booking or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 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; for fraud or fraudulent misrepresentation; and for breach of your consumers rights in relation to the NaviGoGo Services that we cannot exclude.
15.3 We are not liable for business losses. We only supply the NaviGoGo Services for domestic and private use. If you use the NaviGoGo Services 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.
16.1 You are responsible for adhering to the National Rail Conditions of Travel and any conditions of travel imposed upon you and other uses by any of the Providers.
16.2 You will indemnify us and hold us harmless for any liabilities, damages, loss, charges or expenses we incur in respect of any claim made against us by a Provider arising out of or in connection with your acts or the acts of anyone who travels with you on any Journey.
17.2 How we will use your personal information. We will use the personal information, including your Young Scot National Entitlement Card number, you provide to us:
17.3 Following the end of the Trial on 31 March 2018, we will only keep your personal information until 30 June 2018 in order for us to analyse the operation of the Trial.
17.4 We will only give your personal information to the Providers to fulfil the Bookings and to other third parties to operate the tools available on the NaviGoGo web app as part of the NaviGoGo Services and to evaluate the trial. We will only give your personal information where the law either requires or allows us to do so.
17.5 Any additional information voluntarily given by you for a specific journey at the time of booking will be shared with the journey Providers. You do not have to provide the additional information if you choose not to. Additional information covers a contact telephone number or vehicle requirements for a specific taxi journey.
17.6 You have the right to be forgotten which means that you have the right to have information about you removed when you no longer want it published, stored or processed. If you would like to exercise this right, please write to us at email@example.com.
18.1 We may transfer this agreement to someone else. 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 the Bookings
18.2 You may not transfer your rights to someone else.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
18.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and, during the Trial, you can bring legal proceedings in respect of the services in either the Scottish or the English courts.