Terms and conditions

  1. Terms of Use

This website application (the “App”) is provided by Strathclyde Partnership for Transport (“SPT”, “us”, “we” or “our”) on the terms and conditions (the “Terms of Use”) set out below. 

By using the App, the Terms of Use will automatically apply to you. If you do not agree with the Terms of Use, you must discontinue use of the App. 

We may change these Terms of Use at any time, provided that we give you reasonable notice of those changes. If you do not agree to those changes then you will not be permitted to continue using the App. 

  1. Use of the App

The App is provided to assist SPT in identifying how ZoneCard customers travel on the SPT network. You may use the App on your device to register and enter travel details in accordance with these Terms of Use. You may not use the App for any other purpose.

If you do not comply, or if we reasonably suspect that you are not complying, with the Terms of Use, we may block your access (either temporarily or permanently) to the App.

  1. Access, Updates and Availability

The App requires a correctly configured and functional internet data connection for use. 

From time to time, we may wish to make some updates to the App which may result in temporary connectivity issues. We cannot guarantee the availability of the App and are therefore unable to provide any warranties as to the levels of connectivity you will receive via your device. We will not accept any responsibility for any connectivity issues you may experience.

We may wish to stop providing the App, and may terminate use of it any time without giving notice to you. Unless we tell you otherwise, upon any termination (a) the rights granted to you by the Terms of Use will end, and (b) you must stop using the App.

  1. No Promises

The App is provided to you free of charge and on an “as is” and "as available" basis. We do not promise that the App will be suitable for your needs, or that it will work accurately or in a particular way. We do not warrant that your use of the App will be uninterrupted or error-free and you acknowledge that the App may be subject to limitations, delays and other problems inherent in the use of an App provided over the internet. All implied promises, terms, conditions, licences and warranties related to your use of the App are excluded to the fullest extent permitted by applicable law. 

  1. Your Privacy

It is very important to us that the personal data that you share with us is protected. We want you to be confident that your data is safe and secure and understand how we use it to provide you with the highest level of service.

The only personal information SPT shall collect from you through your use of the App is your name, address, postcode and email address. This information will be used solely for market research purposes, and to send you a ZoneCard voucher, if eligible. Your personal information will be processed in accordance with our privacy statement which can be found at http://diaries.zonecard.co.uk/privacy/ as updated from time to time.

We will also be saving an authentication cookie through your use of the App. An authentication cookie is a small encrypted token that our server will use to identify and authorise your use of the App. We do not collect or store your personal information (e.g. your name or address) by saving an authentication cookie, so this information cannot be used to identify who you are. If you have set your device to reject or disable cookies, you will not be able to use the App. 

  1. Intellectual Property

All of the intellectual property in the App belongs to and is owned by SPT. Nothing in these terms and conditions transfers to you or gives you any intellectual property rights in or to the App other than the right to use them in accordance with these Terms of Use You should not copy, imitate or use any intellectual property rights in the App in any way without the prior written permission of SPT.   

  1. Our responsibility for loss or damage suffered by you

You acknowledge and agree that it is your responsibility to use your own virus protection software on your device. We take measures to keep the App free from viruses and other malicious programs. However, we do not guarantee that the App will be secure or free from bugs or viruses and we cannot accept responsibility for any loss or damage caused by any viruses or other malicious programs which are transmitted to your device as a result of your use of the App.

We only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes and acknowledge that we accept no responsibility for any loss of profits, loss of business, revenue, goodwill, loss of savings (whether anticipated or otherwise) and / or any other indirect or consequential loss or damage.

 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that was caused by you failing to have in place the minimum system requirements advised by us. Nothing in these Terms of Use excludes or in any way limits SPT’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent that it cannot be limited or excluded by law.

  1. Severability

If any provision of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use which shall remain in full force and effect.  Further, if any provision of these Terms of Use is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid and enforceable.

  1. Disputes

You acknowledge that these Terms of Use, their subject matter and their formation, are governed by Scottish law. You and we both agree that the Scottish courts of will have exclusive jurisdiction.