General Privacy Notice

This Privacy Notice sets how we Busdata Ltd will use the personal data you will have given us. Your personal data comprises any information which by itself or with other data available to us can be used to identify you. The processing of personal data is governed by the General Data Protection Regulation (known as ‘the GDPR’). We will comply with our obligations under the GDPR to keep personal data up to date; to store and destroy it securely; not to collect or retain excessive amounts of data; to keep personal data secure and to protect personal data from loss, misuse, unauthorised access and disclosure and to ensure that appropriate technical measures are in place to protect personal data.

The types of personal data we collect and use:

You will have provided us with your personal data in support of your request(s) for the purchase of subscriptions or trails requests and/or accompanying information, which may include your names, titles, aliases and contact information (e.g. address, email and telephone numbers).

You may also have provided data in the form of financial identifiers such as paypal payment / transaction identifiers.

Subject to any applicable legislation we may record your correspondence, emails, text and telephone messages in relation to your dealings with us.

How we will use your personal data

We will use your personal data:

- As necessary to perform our contract with you, to take steps to enter into a contract with you and to inform you of changes in relation to the supply of our services.

- For our own legitimate interests in managing our own records and accounts.

- To comply with a legal obligation, (e.g. GDPR, Health & Safety regulations, HMRC regulations)

Where your information might be used other than on these legal bases set out above, we will not proceed further without obtaining your prior consent.

Although you may change your wishes in relation to how we handle the personal data we hold, you should be aware that a possible consequence thereof might be to limit the scope of the services we provide you.

Sharing your personal data

Your personal data will be treated as strictly confidential. It will only be shared with third parties where it is necessary for the performance of our tasks in administering the database; in managing the performance of our contract to supply publications and services; and to protect the security or integrity of our operations.

How long we keep your personal data

In general we will endeavour to keep data only for as long as we need it and in accordance with what is required by law. This means that we may delete it when it is no longer needed for such purposes.

Transfer of data abroad

Personal data transferred outside the UK and the European Economic Area will only be placed on systems complying with measures giving equivalent protection of personal rights through international agreements. Our website is also accessible from abroad.

Further processing

If we wish to use your personal data for a purpose not covered by this Notice, then we will provide you with a new notice explaining the new use prior to commencing such measures as would be required setting out the relevant purposes and processing conditions. We will seek your prior consent to any new processing of your personal data.

Your rights in relation to your personal data

Such rights include the following:

- The right to be informed about how your personal data is processed.

- The right to request access to your personal data. You can contact us to request the information we hold on you as well as why we have that information, who has access to it and where we obtained the information from. Once we have received your request we will respond within one month. There are no fees or charges for the first request but additional requests for the same data may be subject to an administrative fee.

- The right to have your personal data corrected if it is inaccurate and to have incomplete personal data completed.

- The right to have your personal data erased (i.e. the “right to be forgotten”). When we receive your request we will confirm whether the data has been deleted or the reason why it cannot be deleted.

- The right to object to the processing of your personal data.

- The right to restrict the processing of your personal data.

- The right to data portability where applicable.

In order for us to process any request you may make in the exercise of your rights as set out above we may need to verify your identity in order to safeguard your security.

You have the right to complain to the Information Commissioner’s Office whose contact details are given in the last paragraph.

Changes to this notice

We keep this Privacy Notice under regular review and will place any updates on this website www.busdata.co.uk This Notice was last updated in December 2021.

Contact Details

Please contact us if you have any questions about this Privacy Notice or the information we hold about you or to exercise all relevant rights at:

Busdata Ltd, 185 High Road, Trimley St. Mary, Felixstowe, Suffolk, United Kingdom, IP11 0TN marking your envelope “Data Protection”.

email: info@busdata.co.uk marking the subject “Data Protection”.

Contact details for the Information Commissioner’s Office can be found on www.ico.org.uk or by writing to Wycliffe

BVLIte T&C: Text

End User Agreement for Busview Lite

Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.

By installing the Busview Software, you agree to be bound by the provisions of this EULA.

By agreeing to be bound by this EULA, you further agree that you or any person you authorise to use the Software will comply with the provision of this EULA.

1. Definitions

1.1 In this EULA, except to the extent expressly provided otherwise:

"Charges" means those amounts that the parties have agreed shall be payable by the User to the Licensor in respect of this EULA;

"Documentation" means the documentation for the Software produced by the Licensor and delivered or made available by the Licensor to the User;

"Effective Date" means the date upon which the User downloaded the program;

"EULA" means this End User Licence Agreement, including any amendments to this End User Licence Agreement from time to time;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Licensor" means Busdata Ltd of 185 High Road, Felixstowe, IP11 0TN, a company incorporated in England (registration number 11782137);

"Licensor Indemnity Event" has the meaning given to it in Clause 13.1;

"Maintenance Services" means the supply to the User and the application to the Software of Updates and Upgrades;

"Minimum Term" means, in respect of this EULA, the period of 12 months beginning on the Effective Date;

"Services" means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA;

"Software" means Busview and Busdata programs

"Software Defect" means a defect, error or bug in the Software having a material adverse effect on the operation, functionality or performance of the Software, but excluding any defect, error or bug caused by or arising as a result of:

(a) any act or omission of the User or any person authorised by the User to use the Software;

(b) any use of the Software contrary to the Documentation by the User or any person authorised by the User to use the Software;

(d) an incompatibility between the Software and any other system, network, application, program, hardware or software not specified as compatible in the Software Specification;

"Software Specification" means the specification for the Software set out in the Documentation;

"Source Code" means the Software code in human-readable form or any part of the Software code in human-readable form, including code compiled to create the Software or decompiled from the Software, but excluding interpreted code comprised in the Software;

"Support Services" means support in relation to the use of the Software and the identification and resolution of errors in the Software, but shall not include the provision of training services whether in relation to the Software or otherwise;

"Term" means the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;

"Update" means a hotfix, patch or minor version update to the Software;

"Upgrade" means a major version upgrade of the Software;

"User" means the person to whom the Licensor grants a right to use the Software under this EULA; and

"User Indemnity Event" has the meaning given to it in Clause 13.3.

2. Credit

2.1 This document was created using a template from SEQ Legal.

3. Term

3.1 This EULA shall come into force upon the Effective Date.

3.2 This EULA shall continue in force for 12 months, subject to termination in accordance with Clause 15 or any other provision of this EULA.

4. Licence

4.1 The Licensor hereby grants to the User from the date of supply of the Software to the User until the end of the Term a non-exclusive licence to:

(a) install a single instance of the Software;

(b) use a single instance of the Software in accordance with the Documentation; and subject to the limitations and prohibitions set out and referred to in this Clause 4;

4.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 4.1 without the prior written consent of the Licensor.

4.3 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any licence granted under this Clause 4 shall be subject to the following prohibitions:

(a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software;

(b) the User must not alter, edit or adapt the Software; and

(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software.

4.4 The User shall be responsible for the security of copies of the Software supplied to the User under this EULA (or created from such copies) and shall use all reasonable endeavours (including all reasonable security measures) to ensure that access to such copies is restricted to persons authorised to use them under this EULA.

(a) In respect of Busview Lite subscribers must not allow their unique access codes to be used by other parties. Busdata Ltd reserves the right to restrict usage of access codes to 1 device if unauthorised usage is detected.

(b) PDF files created via Busview Lite may only be used by the authorised subscriber for personal use - they may not be used for personal gain or published in any form either online or in print.

5. Source Code

5.1 Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any licence of the Source Code.

6. Maintenance Services

6.1 The Licensor shall provide the Maintenance Services to the User during the Term. For subscribers the Licensor will endeavour to issue updates on a monthly basis, but at a minimum at least 9 times per annum.

6.2 The Licensor shall provide the Maintenance Services with reasonable skill and care.

6.3 The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the Licensor will not introduce any Software Defects into the Software.

6.4 The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the User in accordance with the instructions of the Licensor will not introduce any Software Defects into the Software.

6.5 The Licensor may suspend the provision of the Maintenance Services if any amount due to be paid by the User to the Licensor under this EULA is overdue.

6.6 If the Licensor stops or makes a good faith decision to stop providing maintenance services in relation to the Software to its customers generally, then the Licensor may terminate the Maintenance Services by giving at least 30 days' written notice of termination to the User.

7. Support Services

7.1 The Licensor shall provide the Support Services to the User for 12 months, or for as long as a paid subscription remains in operation.

7.2 The Licensor shall provide the Support Services with reasonable skill and care.

7.3 The Licensor may suspend the provision of the Support Services if any amount due to be paid by the User to the Licensor under this EULA is overdue, and the Licensor has given to the User at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.

7.4 The User may terminate the Support Services by giving to the Licensor at least 30 days' written notice expiring on or at any time after the first anniversary of the Effective Date.

8. No assignment of Intellectual Property Rights

8.1 Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.

9. Charges

9.1 The User shall pay the Charges to the Licensor in accordance with this EULA.

9.2 All amounts stated in or in relation to this EULA are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.

10. Payments

10.1 The Licensor shall issue an invoice for the Charges to the User.

10.2 The User must pay the Charges to the Licensor in advance.

10.3 The User must pay the using such payment details as are notified by the Licensor to the User from time to time.

10.4 If the User does not pay any amount properly due to the Licensor under this EULA, the Licensor may take steps to deactivate the software.

11. Warranties

11.1 The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.

11.2 The Licensor warrants to the User that:

(a) the Software as provided will conform in all material respects with the Software Specification;

(b) the Software will be supplied free from Software Defects;

(c) the Software will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and

(d) the Software shall incorporate security features reflecting the requirements of good industry practice.

11.3 The Licensor warrants to the User that the Software, when used by the User in accordance with this EULA, will not breach any laws, statutes or regulations applicable under English law.

11.4 The Licensor warrants to the User that the Software, when used by the User in accordance with this EULA, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.

11.5 If the Licensor reasonably determines, or any third party alleges, that the use of the Software by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense:

(a) modify the Software in such a way that it no longer infringes the relevant Intellectual Property Rights, providing that any such modification must not introduce any Software Defects into the Software and must not result in the Software failing to conform with the Software Specification; or

(b) procure for the User the right to use the Software in accordance with this EULA.

11.6 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.

11.7 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.

12. Acknowledgements and warranty limitations

12.1 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.

12.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure.

12.3 The User acknowledges that the Software is only designed to be compatible with that software specified as compatible in the Software Specification; and the Licensor does not warrant or represent that the Software will be compatible with any other software.

12.4 The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this EULA or in relation to the Software; and, except to the extent expressly provided otherwise in this EULA, the Licensor does not warrant or represent that the Software or the use of the Software by the User will not give rise to any legal liability on the part of the User or any other person.

13. Indemnities

13.1 The Licensor shall indemnify and shall keep indemnified the User against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the User and arising directly or indirectly as a result of any breach by the Licensor of this EULA.

13.2 The User must:

(a) upon becoming aware of an actual or potential Licensor Indemnity Event, notify the Licensor;

(b) provide to the Licensor all such assistance as may be reasonably requested by the Licensor in relation to the Licensor Indemnity Event;

(c) allow the Licensor the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the Licensor Indemnity Event; and

(d) not admit liability to any third party in connection with the Licensor Indemnity Event or settle any disputes or proceedings involving a third party and relating to the Licensor Indemnity Event without the prior written consent of the Licensor,

and the Licensor's obligation to indemnify the User under Clause 13.1 shall not apply unless the User complies with the requirements of this Clause 13.2.

13.3 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of this EULA.

13.4 The Licensor must:

(a) upon becoming aware of an actual or potential User Indemnity Event, notify the User;

(b) provide to the User all such assistance as may be reasonably requested by the User in relation to the User Indemnity Event;

(c) allow the User the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the User Indemnity Event; and

(d) not admit liability to any third party in connection with the User Indemnity Event or settle any disputes or proceedings involving a third party and relating to the User Indemnity Event without the prior written consent of the User,

without prejudice to the User's obligations under Clause 13.

13.5 The indemnity protection set out in this Clause 13 shall be subject to the limitations and exclusions of liability set out in this EULA.

14. Limitations and exclusions of liability

14.1 Nothing in this EULA will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.

14.2 The limitations and exclusions of liability set out in this Clause 14 and elsewhere in this EULA:

(a) are subject to Clause 14.1; and

(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.

14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.

14.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.

14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.

14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.

14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.

14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.

14.9 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the total amount paid and payable by the User to the Licensor under this EULA in the 12 month period preceding the commencement of the event or events.

14.10 The aggregate liability of the Licensor to the User under this EULA shall not exceed the the total amount paid and payable by the User to the Licensor under this EULA.

15. Termination

15.1 The Licensor may terminate this EULA by giving to the User not less than 30 days' written notice of termination, expiring after the end of the Minimum Term.

15.2 The User may terminate this EULA by giving to the Licensor not less than 30 days' written notice of termination, expiring after the end of the Minimum Term.

15.3 Either party may terminate this EULA immediately by giving written notice of termination to the other party if:

(a) the other party commits any material breach of this EULA, and the breach is not remediable;

(b) the other party commits a material breach of this EULA, and the breach is remediable but the other party fails to remedy the breach within the period of 30 days following the giving of a written notice to the other party requiring the breach to be remedied; or

(c) the other party persistently breaches this EULA (irrespective of whether such breaches collectively constitute a material breach).

15.4 Either party may terminate this EULA immediately by giving written notice of termination to the other party if:

(a) the other party:

(i) is dissolved;

(ii) ceases to conduct all (or substantially all) of its business;

(iii) is or becomes unable to pay its debts as they fall due;

(iv) is or becomes insolvent or is declared insolvent; or

(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up[ (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under this EULA)]; or

(d) if that other party is an individual:

(i) that other party dies;

(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or

(iii) that other party is the subject of a bankruptcy petition or order.

15.5 The Licensor may terminate this EULA immediately by giving written notice to the User if any amount due to be paid by the User to the Licensor under this EULA is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given.

16. Effects of termination

16.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 10.2, 10.4, 13, 14, 16, 17 and 18.

16.2 Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.

16.3 Within 30 days following the termination of this EULA for any reason:

(a) the User must pay to the Licensor any Charges in respect of Services provided to the User before the termination of this EULA and in respect of licences in effect before the termination of this EULA; and

(b) the Licensor must refund to the User any Charges paid by the User to the Licensor in respect of Services that were to be (but are not) provided to the User after the termination of this EULA and in respect of licences that were to be (but are not) in effect after the termination of this EULA,

without prejudice to the parties' other legal rights.

16.4 For the avoidance of doubt, the licences of the Software in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User must immediately cease to use the Software upon the termination of this EULA.

16.5 Within 10 Business Days following the termination of this EULA, the User must irrevocably delete from all computer systems in its possession or control all copies of the Software.

17. General

17.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.

17.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

17.3 This EULA may not be varied except by a written document signed by or on behalf of each of the parties.

17.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any successor to all or a substantial part of the business of the Licensor from time to time or any third party. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.

17.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.

17.6 Subject to Clause 14.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

17.7 This EULA shall be governed by and construed in accordance with English law.

17.8 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.

18. Interpretation

18.1 In this EULA, a reference to a statute or statutory provision includes a reference to:

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

18.2 The Clause headings do not affect the interpretation of this EULA.

18.3 References in this EULA to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.

18.4 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

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