React Accessibility ‘trigger app’ general terms of service for IOS and Android Apps
General – Please Be Safe.
The React Trigger App can provide location based audio help and assistance from equipped assets (typically real-time passenger information displays). This audio will typically be directions and real-time information to help with journey navigation and completion, but you need to stay aware of your environment and keep yourself safe. As such, the trigger app is intended as a navigation aid and should not be solely relied on.
Public spaces and transport environments are often busy and space is often limited. You and, if you have one, your guide or service dog will need to be able to get around these environments safely, on your own.
These Terms were last updated on 1st April 2021.
1. Acceptance of the General Terms of Service. These general terms of service (the “Terms”) set out the agreement between you and React Accessibility Limited (“React”, “we”, “us” and “our”), a company registered in England and Wales under company number 11719722 with registered office at 9 Rosewood, Hollingworth, Hyde, United Kingdom, SK14 8HJ. React operates the website www.react-access.com (the “Site”) and the React Trigger IOS and Android applications, powered by React Accessibility LTD .For the purposes of these Terms, both the Site and application shall be referred to as the “App. By using the App, you agree to be bound by these Terms. If you do not agree to any part of these Terms, do not use the App. Privacy. Your access to and use of the App is also subject to our Privacy Policy. By accepting these Terms of Service, you also confirm that you have reviewed and understand our Privacy Policy, and you acknowledge that any information shared by, or collected from or about you, may be used by React in accordance with our Privacy Policy, as it is updated or changed from time to time. If you are under 18 years old, you represent and agree that you have the legal consent of your parent or guardian to access and use the App.. If you are a parent or guardian of a minor who has registered for or used the App without your consent, please contact us at licence@react-access.com You understand and agree that we may change these Terms at any time without prior notice. The revised Terms will become effective upon posting to the App. Any use of the App after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to stop accessing, browsing, and otherwise using the App.
2. Information may not always be present and/or accurate. The Trigger App makes other assets talk. Thisd relies upon these third party assets being correct. . We and our data providers try to make sure that the data is correct and up-to-date, but we cannot guarantee that it will always be and are factors outside our control. Accordingly, we do not accept any liability for any error or omission in the information available or the recommendations , and we exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of income, profit, opportunity or time) as a result of using the App.
3. App maintenance. Making the App reliable and enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance. We will aim to do so at what we anticipate will be non-peak times. However the App doesn’t work in isolation and requires the present of an operational asset equipped with React Trigger Board.
4. Account security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Because you will be responsible for all activity that happens under your access credentials, you agree to use reasonable efforts to prevent unauthorised access to or use of your React account, and to protect the confidentiality of your log-in information and of any device that you use to access the App. You agree to let us know immediately if there is a breach in secrecy of your log-in information by notifying us at: licence@react-access.com You will be solely responsible for any losses incurred by us and others due to any unauthorised use of your account.
5. Intellectual Property. The App contains material, including but not limited to software, text, graphics and images (collectively referred to as the “React Content”). We may own the React Content or portions of the React Content may be made available to us through agreements that we have with third parties. Unauthorised use of the React Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the React Content, and you will not use, copy or display the React Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original React Content on any copy you make of the React Content. You may not sell, transfer, assign, license, sublicense, or modify the React Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the React Content in any way for any public or commercial purpose. The use or posting of any of the React Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use of the React Content and App shall automatically terminate and you shall immediately destroy any copies you have made of the React Content. The trademarks, service marks, and logos of React Accessibility (“React Trademarks”) used and displayed in the App are registered and unregistered trademarks or service marks of React . Other company, product, and service names located in the App may be trademarks or service marks owned by third parties (“Third-Party Trademarks”, and, collectively with React Trademarks, “Trademarks”). Nothing in the App or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the App without the prior written consent of React specific for each such use. The Trademarks may not be used to disparage React or the applicable third-party, React’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the
Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without React ’s prior written consent. All goodwill generated from the use of any React Trademark shall inure to React’s benefit. You agree not to: (a) take any action that imposes an unreasonable load on the App’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted in the App, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the App, (d) delete or alter any material posted on the App by React or any other person or entity, or (e) frame or link to any of the materials or information available on the App other than via the official API where offered.
Certain elements of the App are protected by trade dress, trademark, unfair competition, and other local laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the React Content or Submissions for the App may be retransmitted without the express written consent from React for each and every instance.
6. User-generated content. React does not claim ownership of any text, images, photos, video, sounds or any other materials (collectively, to React a non-exclusive, royalty-free, worldwide and irrevocable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Submissions, including without limitation for promoting and redistributing part or all of the React application (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). React can continue to use your Submissions in these ways if you cease to use the React App. You further agree that React has the right to delete or otherwise edit any Submissions that you post to the React App at its sole discretion.
7. Disclaimer. React, its affiliates and our respective officers, directors, employees, agents, suppliers, or licensors (collectively, “React Parties”) make no warranties or representations about the content of the App and the underlying software, including but not limited to its accuracy, reliability, completeness or timeliness. React Parties shall not be subject to liability for the truth, reliability, accuracy or completeness of the content or any other information conveyed to the user, or for errors, mistakes or omissions therein or for any delays or interruptions in operation or data/information whatever the cause. You agree that you use the App and the Content at your own risk, given that the app is intended as a secondary navigation aid and should not be used as the primary navigation solution for any person. Whilst React will monitor the App and aim to fix bugs that it spots or that are made known to us, React Parties do not warrant that the App or underlying software will operate error free or that the App, its server, or the content are free of computer viruses or bugs or similar contamination or destructive features. If your use of the App or the content results in the need for servicing or replacing equipment or data, no React Party shall be responsible for those costs. The App and Content are provided on an “as is” and “as available” basis without any warranties of any kind. React Parties disclaim all warranties, whether express or implied, and including, but not limited to, merchantability, non-infringement of third-party rights, and fitness for particular purpose.
8. Limitation on Liability. In no event shall any React Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the App, the information contained in the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if a React Party has been advised of the possibility of such damages. Some states and countries do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states or countries, the liability of React Parties resulting from the use or inability to use the App or the information contained in the App shall be limited to the greatest extent permitted by law.
To clarify, we do not limit or exclude our liability:
- for personal injury or death resulting from our negligence;
- for fraud or fraudulent misrepresentation; or
- to the extent our liability cannot be limited or excluded under the Consumer Rights Act or any other applicable law.
We will not be liable to you for failure to carry out our obligations under these Terms, where such failure is due to an event that is outside our control.
9. Indemnification. You agree to defend, indemnify, and hold harmless React Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the React Content, the User Content and/or the App. React shall provide notice to you of any such claim, suit, or proceeding. React reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting React’s defence of such matter.
10.Third-Party Websites. Hypertext links in the App may lead to websites that are not under, operated and/or controlled by React.React accepts no responsibility or liability in respect of the material on any website which is not operated and/or controlled by React.
11.Termination of these Terms. React reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the App or the React Content at any time and for any reason without prior notice or liability. React reserves the right to change, suspend, or discontinue all or any part of the App or the React Content (including User Content) at any time without prior notice or liability.
12.Law and Jurisdiction. These Terms will be governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
13.Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of React to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against React unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by React and you, these Terms constitute the entire agreement between you and React with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.