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Terms of Use

USERS OF https://nxdb.webapp.tl/ (“WEBSITE”)

https://nxdb.webapp.tl/ IS A WEBSITE OPERATED BY TOURMALINE LABS™, INC. (“TL”) ON BEHALF OF NATIONAL EXPRESS LIMITED (COMPANY NUMBER 00232767) OF NATIONAL EXPRESS HOUSE BIRMINGHAM COACH STATION, MILL LANE, DIGBETH, BIRMINGHAM, ENGLAND, B5 6DD (“NATIONAL EXPRESS”, "US", "WE", OR "OUR").

THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE WEBSITE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.

BY USING THE WEBSITE YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.

If you have any questions or comments regarding the Website please contact your line manager.

1. Use of the Website

By using the Website, you confirm that you agree to these Terms and that you agree to comply with them.

In return for you agreeing to comply with these Terms we permit you to use the Website in accordance with these Terms.

You use the Website at our discretion and we reserve the right to change, suspend, remove or disable access to the Website at any time without notice. 

You may only use the Website for lawful purposes in relation to a transport service you are providing for or on behalf of National Express (“Service”).

2. How you may use material on our Website

  1. You may only use the information made available to you on the Website (“Website Information”) in accordance with these Terms and the current version of such policies and guidance documents as we may issue from time to time in respect of speed management data (collectively the “NX Documents”). 
  2. You may not print off, copy, download or share extracts, of any page(s) from the Website without our prior written consent.
  3. You undertake that you shall (a) keep all Website Information secret and confidential, (b) not use or exploit the Website Information in any way, except for or in connection with, the Service and then only in accordance with these Terms; and (c) only make disclosure of the Website Information in accordance with these Terms. Any other disclosure can only be made with our prior written consent.
  4. You may disclose the Website Information to any of your colleagues who need to know the relevant Website Information for performance of the Service, provided that you procure that each such person to whom the Website Information is disclosed complies with the obligations set out in these Terms as if they were you. 
  5. You may disclose the Website Information to the minimum extent required by any order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body.
  6. The obligations set in paragraph 2(b)  shall not apply, or shall cease to apply, to Website Information which you can show to our reasonable satisfaction: (a) is, or becomes generally available to the public other than as a direct or indirect result of the information being disclosed by you in breach of these Terms; or (b) was already lawfully known to you  before it was provided on the Website; or (c) has been received by you from a third party not connected with us who was not under any obligation of confidence in respect of that information.
  7. If requested by us at any time, you shall immediately destroy or return to us all Website Information and other records of the Website Information that have been supplied to or generated by you. 
  8. If you print off, copy, download, share or otherwise use any Website Information in breach of these Terms your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Website Information you have made.

3. We are not responsible for viruses and you must not introduce them

We do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

4. Prohibited uses

You may not use the Website:

  • in any way that breaches any applicable local, national or international law or regulation
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of these Terms
  • not to access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website, or any equipment or network or software owned or used by us or any third party
  • not to attack the Website via a denial-of-service attack or a distributed denial-of service attack
  • not to translate, merge, adapt, vary, alter or modify, the whole or any part of the Website nor permit the Website or any part of it to be combined with, or become incorporated in, any other programs
  • not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website nor attempt to do any such things, except to the extent that such actions cannot be prohibited under applicable law
  • not to infringe our intellectual property rights or those of TL or those of any other third party in relation to your use of the Website 
  • not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website
  • not to use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users
  • not to collect or harvest any information or data from the Website or our systems or use it for any purpose other than in relation to the Service and as provided for in these Terms.

 

5. Your own use

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

6. Changes to these Terms and/or the Website

We amend these Terms from time to time. Every time you wish to use the Website, please check these Terms to ensure you understand the Terms that apply at that time.

We may update and change the Website from time to time.

7. Intellectual Property

All intellectual property rights in the Website and the content on it belong to us or our licensors. All such rights are reserved.

You have no intellectual property rights in, or to, the Website or the content on it other than the right to use the Website in accordance with these Terms. 

Under no circumstances will you acquire any ownership rights or other interest in the Website or any content on it through your use of the Website. You have no right to have access to the Website in source code form.

 

8. Personal Data

 We will only use your personal information as set out in our Privacy Policy. 

9. Availability, Errors and Inaccuracies

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted or that it will be defect or error free. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. 

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

10. Username and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

You are responsible for maintaining the confidentiality of your username and password and for any and all activities or actions that occur when the Website is accessed using your username and password. You must not save your username or password on any computer or device which may be used by any other person. 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify your line manager.

11. Links To Other Web Sites

The Website may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

12. Uploading or Posting Information to the Website 

  1. You shall comply with standards set out in this paragraph 12 in respect of any material that you post or upload to the Website (“Contribution”)  
  2. Each Contribution you post or upload must: (i) be accurate (where it states facts), (ii) be genuinely held (where it states opinions) and (iii) comply with the law applicable in England and Wales and in any country from which it is posted or uploaded.
  3. A Contribution must not: (i) be defamatory of any person, (ii) be obscene, offensive, hateful, inflammatory, threatening or abusive (iii) bully, insult, intimidate or humiliate, (iv) relate to any matter other than the Service, (v) constitute or advocate, incite or promote any unlawful act or illegal activity, (vi) infringe any third party intellectual property rights, (vii) breach any legal duty owed to a third party, (viii) be likely to deceive any person, (ix)  impersonate any person, or misrepresent your identity or affiliation with any person, or (x) Give the impression that the Contribution emanates from us. 
  4. You warrant that each Contribution complies with this paragraph 12 and you will be liable to us and indemnify us for any breach of that warranty. 
  5. Any Contribution will be considered non-confidential and non-proprietary. When you upload or post the Contribution you grant to us an irrevocable worldwide royalty free licence to, and to allow our sub-contractors to, use, store and copy the Contribution and to distribute and make it available to third parties for any purpose at any time.  
  6. We also have the right to disclose your identity to any third party who is claiming that any Contribution constitutes a violation of their intellectual property rights, or of their right to privacy.
  7. We have the right to remove any Contribution if, in our opinion, your post does not comply with the Content Standards.

13. Rules about linking to the Website

The Website must not be framed on any other site, nor may you create a link to any part of the Website.  If you wish to link to or make any use of content on the Website please contact us.

14. Our responsibility for loss or damage suffered by you

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 and for fraud or fraudulent misrepresentation.

Please note that we only provide the Website for use in relation to the Service. You agree that you will not use the Website for any other purposes including (without limitation) for any domestic or private purposes or for any other commercial or business purposes.

We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, the Website; or (b) use of or reliance on any content displayed on the Website. 

In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

15. General

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.

Even if we delay in enforcing these Terms, we can still enforce them 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 breaching the Terms, 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.

These terms are governed by English law and the jurisdiction of the English Courts. 

Last modified: 21 May 2020.

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