Terms of Use

Thank you for using the Ride App. Nottingham City Council, in partnership with Derby City Council, has commissioned the mobility-as-a-service platform, Ride, which is built, delivered and operated by Trafi Ltd (part of the Enghouse Group of companies).

1. Contractual Relationship

1.1. These terms of use (Terms of Use) are a legal agreement between Trafi Ltd (the Company) and You as the User of the Application (You or Your), setting out the terms of use of the digital multimodal mobility platform – application “Ride App” and its functionalities (Ride, Ride App or App) and all related content, websites, information, included mobility services, products and other related services (if any) (collectively, the Services) available on Ride made available to You.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY ARE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE PLEASE DO NOT USE OR ACCESS RIDE AND DO NOT USE THE SERVICES.

1.2. By accessing or using the Services, You confirm Your agreement to be bound to these Terms of Use. If You do not accept these Terms of Use, You should stop using the Services immediately.

1.3. These Terms of Use define the access and usage rights and duties for You over Ride and Services which are delivered by the Company via the Ride App.

2. The Service

2.1. Services are the (i) Ride being available for You, and (ii) all related content, websites, information, included products and services which You may use or access through/in Ride.

2.2. Ride is a digital multi-platform solution, available on Android and iOS, that connects You with different transport options available and integrated in the Ride App (hereinafter, Mobility Services), and to purchase available transport or public ticketing services via integrated Payment Service Provider by using selected payment method. Ride also provides users with transport related information, including map information, routing, live arrivals and departures and estimated time and costs.

2.3. Company facilitates the Services as described above and enables Your connection with the Mobility Service Providers, Payment Service Provider, Verification Service Provider and/or other Third Parties, (collectively, the Third Party Service(s)), as well Company enables Your access, use of their Services, such as public transport ticketing, other transportation services, payments, ID document and Driver’s License verification. Therefore, You ACKNOWLEDGE that Company has no control over Third Party Service products, content or services and shall never be considered as a Third Party Service.

THE THIRD PARTIES SERVICES ARE INDEPENDENT FROM COMPANY AND, IN NO WAY, COMPANY WILL BE RESPONSIBLE FOR, LIABLE FOR THE THIRD PARTY SERVICES. THE THIRD-PARTY SERVICE PROVIDERS ARE FULLY RESPONSIBLE FOR THEIR OWN SERVICES AND ITS AVAILABILITY and operate their own terms of use/conditions and privacy policies. These can be found on the Mobility Service Providers and Third-Party Service provider’s websites/apps. Company shall not be liable for any Legal Terms of Third Parties and their content or any their practice.

2.4. To use these Mobility Services and/or Third-Party Services You will have to agree to the terms of use/conditions and privacy policies of these Service Providers and will enter into direct agreements with them. BY ORDERING A SPECIFIC SERVICE IN RIDE YOU UNDERTAKE TO CONDUCT, CONSENT AND ENTER INTO AN AGREEMENT WITH THAT THIRD PARTY SERVICE, BY ACCEPTING THE PROVIDER TERMS.

Company may provide support to You regarding Third Party Services to the extent of Company’s knowledge, expected and reasonable as well as required by law and by these Terms of Use. In case You have any issues, problems or concerns, You may contact us via our available Customer Support Channels as are identified in the Ride App, or on support@rideeastmids.com.

3. Account

3.1. You must be at least EIGHTEEN (18) YEARS OF AGE WHEN YOU USE THE SERVICES. IF YOU ARE NOT, YOU MUST IMMEDIATELY STOP USING SERVICES.

3.2. If You download or use the Service, Company may process Your personal data to ensure the technical connection to the Services, the security of the Services, the optimization and/or functionality of the Services. More information can be found in Privacy Policy.

3.3. To be able to use Ride, you must create a personal account in Ride and provide the personal data, specified therein and in the Privacy Policy. You must provide information that is accurate, complete and current at all times. It is also required to confirm the validity of your account by entering an SMS code that will be provided to you as part of the on-boarding and account verification process. This SMS verification service is a Third-Party Service provided by Twilio Ireland Limited.

You are responsible to protect your passwords which You use to access the Ride App and for any activities and actions in your account. You agree not to disclose Your password to any third-party. If your password is compromised, please notify us immediately through the Customer Support channels listed in the Ride App (Account → Support) or by email at support@rideeastmids.com.

4. Payment/Refunds

4.1. In order to be able to purchase Services via the Ride App you must add a valid digital payment method in Ride. Bank card payments are carried out through payment service provider Barclays PLC (Payment Service Provider). Payment is secured through Ride and requires authentication. Trafi is not responsible for any loss or claims caused by any user sharing payment methods with different individuals. With an intent to mitigate fraud, Trafi has implemented automated fraud detection rules to block suspicious behaviours and activities.

4.2. Please note that Nottingham City Council, in partnership with Derby City Council is the contracting party (the Merchant) in relationship with the Payment Service Provider and is responsible for reconciling the information regarding your purchased Third-Party Services and your payment made using Ride. Therefore, some pertinent non-personal information will be shared with Nottingham City Council, for reconciliation purposes and debt collection, if any. Nottingham City Council does not receive any personal data through this process.

4.3. The money for the Services may be withdrawn from your selected payment method later than the day of purchase. Monies for the full value of services delivered will only be withdrawn once.  Monies for penalty charges, if they apply, may also be withdrawn once.  You may also experience a pre-authorisation amount on your statements.  Any withdrawn preauthorised amounts, whether used or not, will be returned to your accounts in line with your card issuer’s terms and conditions.  If you have queries about pre-authorised amounts being returned to your account, please contact your card issuer. It is also possible that multiple transactions will be bundled together as part of a larger transaction requiring a single withdrawal from your card.  The said withdrawal shall be considered appropriate for your settlement for the Services.

4.4. For Sharing Services such and Car Sharing, E-Scooter and E-Bike services, and services other than ticket-based products, a specific monetary amount may be reserved from the selected payment method at the commencement of the ride, which is called a pre-authorisation. If the final charge for the ride is lower than the reserved amount, the difference shall be automatically refunded to you upon completion of the transaction. This comes from your card issuer, and the length or time this takes will depend on you card issuer’s terms and conditions.

In case you have any issues, problems or concerns regarding your payment method used in Ride, or you want to execute your refund and cancellation rights, you may contact the Trafi support team through the Customer Support channels available in the Ride App (Account → Support) or by email at support@rideeastmids.com. 

5. Intellectual Property Rights and Licensing

5.1. Trafi shall reserve the intellectual property rights, including without limitation, all rights to patents, copyrights, trade secrets, trademark (of Trafi Ltd or Enghouse Systems Ltd), know-how and other intellectual property rights to Ride, and any changes thereto (except to the Ride brand as defined in point 5.2). This applies, in particular to Ride, including any adjustments if any. Trafi is irrevocably, perpetually and exclusively entitled to all rights pertaining to further developments and/or improvements made to Ride.

5.2. All rights to the Ride App trademark, branding and any associated intellectual property rights, are owned solely by Nottingham City Council, in partnership with Derby City Council, and are protected by applicable copyright, trademark, and other intellectual property laws. Users acknowledge that they have no rights, title, or interest in any of these intellectual properties and agree not to use, modify, or reproduce the app’s trademarks or branding without the express written permission of Nottingham City Council.

5.3. You recognize and agree that under these Terms of Use You do not have any property rights over the Ride App, only the right to limited use in accordance with these Terms of Use. You may use the App provided by Trafi only for the purposes set out in this Terms of Use.

5.4. Any modification of the App and any other material that belongs to Trafi or its affiliates and is provided in the App is strictly prohibited under these Terms of Use.

5.5. You agree that You will not submit confidential or otherwise protected ideas or information in the Ride App, including in our comments, feedback and/or customer support sections. You acknowledge and agree that the content and information You submit in our App will automatically become property of the Company, without any compensation to You and with such You assign all rights, title and interest to it.

5.6. Any offensive and/or inappropriate content will be removed by the Company at any time at its sole discretion. Continuous abusive behaviour may result in permanent account deactivation.

6. User Rights, Restrictions and Obligations

6.1. You may use the Services provided by Company only for the purposes set out in the Terms of Use which are to (i) access and use Ride solely in connection with the use of the Services; and (ii) access and use any content and related-information that we made available through the Services, in each is solely for Your personal and non-commercial use, unless prior written consent by Company.

6.2. You shall be granted a limited, non-exclusive, non-transferable, non-commercial, personal and revocable right of use of the App. You may not transfer or sub-license this right to use the App or allow Your account to be used by others. You should report any bugs found in the App to the Support Team.

6.3. You shall not be authorized: (i) to decompile, disassemble or reverse engineer of our Services (or any part thereof); (ii) to create a browser, frame, or border environment around the Services; (iii) to use the Services for any purpose other than the purposes set in these Terms of Use; (iv) to distribute, perform, sell, resell, lease, transmit, rent, lend, stream, reproduce, modify, adapt, duplicate, prepare derivative works based upon, broadcast, modify, copy or otherwise exploit the Services, excepted as permitted by this Terms of Use; (v) to link, remove, or frame any copyright or other intellectual property rights from the Service or a portion of the Service; (vi) to attempt to gain or to gain unauthorized access to the Service, its data and systems or conducting any illegal, unlawful or unauthorized activity; (vii) to use the Service in connection with any spam, unsolicited email, fraud, including financial fraud and identity fraud, similar conduct and/or make available or collaborate to make available any virus, worm, malware or any harmful, malicious, defective and/or disruptive invasive or computer code, file, application or program and/or component in our Service; (viii) to disrespect or violate any other User’s Rights or Applicable Laws or Regulations, including Individual’s Privacy, Data Protection, and Intellectual Property Rights, whether manually or with the use of any technology such as a robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Service, (ix) exploit any app or service bugs, (x) disrespect or abuse any member of our support team.

6.4. If You fail to comply with these Terms of Use, You may be responsible for charges as well as You may be suspended, permanently blocked, or we may delete Your account, at our own discretion. In case of suspected fraud, the user shall have their access blocked until an investigation is concluded. After which the Company may decide to permanently block access if evidence of fraud is found.

7. Third Party Services

7.1. You agree that the Company may transmit, transfer or otherwise disclose Your personal data to the Third-Party Service. To understand what data may be transmitted or transferred, please refer to our Privacy Policy.

7.2. Company provides access to Third-Party Services through our the Ride App that Company has limited and/or no control over.

7.3. Company shall not be responsible or liable, directly or indirectly, for any loss or damage whatsoever caused, or alleged to be caused, by or in connection with use of, reliance on, or otherwise related to any service, content, products, goods, other materials or any activity provided by or through Third-Party Service Providers.

By selecting or using a Third-Party Services through App You enter into agreement with Third-Party and Company has no control or responsibility on how and on what basis Your personal data are used by Third Parties. It is regulated by Legal Terms (including Privacy Policy) of Third Parties.

8. Disclaimer, Warranties and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. TRAFI DOES NOT WARRANT THAT THE SERVICE IS SUITABLE FOR USE BY YOU AND/OR FREE OF DEFECTS OR ERRORS. IN ADDITION, COMPANY DOES NOT GUARANTEE CONTINUOUS AND UNINTERRUPTED USE AND/OR ACCESS TO THE SERVICE AND DISCLAIMS ALL OFFERS, WARRANTIES, OR REPRESENTATIONS REGARDING THE RESULTS OF THE USE OR ACCESS TO THE SERVICES. COMPANY ALSO DOES NOT GUARANTEE THE SAFETY, ABILITY, CORRECTNESS, FUNCTIONALITY, TRUTHFULNESS, QUALITY AND TIMELY PERFORMANCE OF THE SERVICES (AND ANY PART THEREOF).

8.1. You acknowledge that the Company may collect public transport and real-time data from public sources. Company does not warrant nor guarantee any information provided through its Service, including, but not limited to, any public transit information and/or any dynamic information, and assumes no liability, with respect to such information, as this information is based on the data provided to the public by any Third-Party Services, including public transport operators, therefore may be changed at any time beyond any control of Company. Among others, the Company makes no representation regarding the actual arrival or departure of the public transit lines to the respective transit lines stops, nor regarding their respective routes. By using Ride, You acknowledge and understand that the information presented on Ride should be used for general informational purposes only and You should not rely on the accuracy of such information for the decision making. Company takes no responsibility for updating or correcting any such information once it has been given.

8.2. Company reserves the right to modify, correct, amend, enhance, improve and/or make any other changes to the Services (or any part thereof) at any time at its sole discretion without any notice to You. You agree that Company shall not be liable to You or any other party for any modification, suspension or discontinuance of the Service.

8.3. Company shall neither be held responsible nor liable for the accuracy of the data provided in its Services. Company algorithms will provide information to you based on a variety of different factors ranging from time of day, service and mode availability and your own requirements. Trafi provides the best information that is available to it, but a route, mode, or solution may not be suitable for you.   But it  is up to You to decide whether to take the provided route or to adhere to the information provided or not.

8.4. These Terms of Use do not address, and Company shall not be held responsible for, the privacy, information or other practices of any Third-Party Services, including any third-party operating any site or service to which the Company links to or received data and/or information from.

8.5. The Service availability depends on various factors, including hardware, software and Third-Party Services and providers. Company does not guarantee that its Services will operate at all times without any disruption or interference and does not undertake the obligation to provide updates, bug fixes, or the Services changes, unless to the extent otherwise defined by Company in another legal document.

8.6. Except for cases in which it is illegal to disclaim liability, You shall not hold Company liable to You for any losses, claims or demands, legal fees arising from the use or access to the Services.

9. Indemnity

9.1. If You fail to comply with any of the terms set out in these Terms of Use, You will be prevented from using the Ride App.

9.2. You agree to indemnify Company against any special, incidental, direct, indirect, consequential damages, including losses, liabilities and expenses arising in connection with Your use, misuse or access to the Service (or any part thereof) and/or Your violation of this Terms of Use.

10. Data Protection and Privacy

Processing of personal data in connection with Services is described in the Privacy Policy.

11. Severance

If any provision or any part thereof of these Terms of Use is found by any court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Terms of Use, and the validity and enforceability of the other provisions of the Terms of Use shall not be affected.

12. No Partnership or Agency

Nothing in these Terms of Use is intended to or shall operate to, create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

13. Termination of Access and Account

13.1. Company reserves the right to temporarily or permanently terminate and/or revoke Your access to Your account and Your ability to use the Services, at any time for any reason. After revoking the access, You shall no longer be able to use Services.

13.2. Company may, at its sole discretion at any time, delete Your account, unless otherwise defined by Company or by law.

14. Updates to these Terms of Use

Company may change these Terms of Use from time to time. If Company makes changes, it will provide You with a notice, such as by sending a push notification in Your app or updating the date at the top of this Terms of Use. The “Last updated” legend at the top of this page indicates when it was last revised. The revised Terms of Use will be effective immediately and if You continue to access or use the Services, You will be asked to confirm Your acceptance of the changes. If You do not agree to the new Terms of Use, You are not going to be able to access the App and use our Services.

15. Dispute Resolution and Governing Law

15.1. Any dispute relating to use of Terms of Use, previous versions, the use or access of App and/or other Services provided by Company shall be governed by the laws of England and Wales.

16. Contact

You can contact us through the Customer Support channels in the Ride App (Account → Support) or by email at support@rideeastmids.com.

BY LOGGING INTO THE APP OR ITS SERVICES OR OTHERWISE GETTING ACCESS OR USING IT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE CONDITIONS SPECIFIED ABOVE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHALL NOT USE THE SERVICES.