Terms & Conditions
This Website is owned and operated by Abellio Scotrail Ltd, whose registered office is at 5th Floor, Culzean Building, 36 Renfield Street, Glasgow, G2 1LU. Abellio Scotrail Ltd is a company registered in Scotland with company number SC450732.
For the purposes of these Terms and Conditions "We", "Our" and "Us" refers to Abellio Scotrail Ltd. Please review these Terms and Conditions carefully before using this Website. Your use of this Website indicates your agreement to be bound by these Terms and Conditions.
All trademarks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned either directly by Us or by Our licensors. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal, non-commercial use.
You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.
In particular, you agree that you will not:
- Post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal
- Use this Website in a manner which causes or may cause an infringement of the rights of any other
- Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means
- Deface, alter or interfere with the front end 'look and feel' of this Website or the underlying software code
- Take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure
- Obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks
Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to deny you access to this Website where We believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.
Changes to this website
We may make improvements or changes to the information, services, products and other materials on this Website, or terminate this Website, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Website. Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.
Links to other websites
This Website may include links to other internet sites. We do not endorse any such websites and We are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.
Limitation of liability
In no event will We be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
Disclaimer of warranty
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and materials contained on this Website. All such information, services and materials are provided "as is" and "as available" without warranty of any kind.
You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.
National Rail Conditions of Travel
These Terms and Conditions contain all the terms of your agreement with Us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by Us) will be incorporated.
Abellio Scotrail Ltd makes no warranty whatsoever for the reliability, stability or any virus-free nature of any software being downloaded from this Website, nor for the availability of the download sites where applicable.
All software products downloaded from any section of this website or via a link pointed to by this website are downloaded, installed, and used totally and entirely at the users own risk.
Your use of this Website, any downloaded material from it, and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with Scots Law and you agree to submit to the non-exclusive jurisdiction of the Scottish Courts. We reserve the right to bring proceedings in the Courts of the country of your residence.
Abellio ScotRail Limited operates the ScotRail Snapp it mobile app (“Snapp it”). By using Snapp it in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use Snapp it.
- Who May Use Snapp it
- License to Use Snapp it
- Term and Termination; Account Deletion
- Disclaimers; Limitation of Liability
- Code of Conduct; Prohibited Activities
- Content Restrictions
- Licenses Granted by You
- Your Representations and Warranties
- Intellectual Property
- General Provisions
1. Who May Use Snapp it
You must be at least 16 years old to use Snapp it. Use is void where prohibited. By using Snapp it, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. License to Use Snapp it
Snapp it grants you a limited, non-exclusive license to access and use Snapp it for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Abellio ScotRail Limited in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Snapp it. Nor will you take any measures to interfere with or damage Snapp it. All rights not expressly granted by Abellio ScotRail Limited are reserved.
- What information we may collect about you
- What we use that information for
- What third-party information, if any, you are agreeing to share by using Snapp it; and
- With whom we share that information
To use Snapp it, you must already hold or register for an online account with Abellio ScotRail Limited.
You shall not:
- Create any account for anyone other than yourself without such person's permission;
- Use a name that is the name of another person with the intent to impersonate that person;
- Use a name or Abellio ScotRail Limited account that is subject to any rights of a person other than you without appropriate authorisation; or
- Use a name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Please take precautions to protect your password and contact us at [email protected] if you believe your account has been accessed by an unauthorised person.
5. Term and Termination; Account Deletion
This Agreement begins on the date you first use Snapp it and continues until terminated in accordance with the provisions hereof.
Abellio ScotRail Limited may suspend, disable, or delete your account (or any part thereof) if Abellio ScotRail Limited determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Abellio ScotRail Limited reputation or goodwill. If Abellio ScotRail Limited deletes your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by Abellio ScotRail Limited will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Abellio ScotRail Limited shall not be responsible for the loss of such content.
6. Disclaimers; Limitation of Liability
In no event shall Abellio ScotRail Limited be liable for any damages whatsoever, whether direct, indirect, general, special, exemplary, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, death, emotional distress and/or any other damages resulting from communications with other users of the Snapp it service.
Abellio ScotRail Limited reserves the right to modify Snapp it. You are responsible for providing your own access to Snapp it. Abellio ScotRail Limited has no obligation to screen or monitor any content and does not guarantee that any content available on Snapp it complies with this Agreement or is suitable for all users.
Abellio ScotRail Limited provides Snapp it on an “as is” and “as available” basis. You therefore use Snapp it at your own risk. Abellio ScotRail Limited expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Abellio ScotRail Limited makes no representations or warranties:
- That Snapp it will be permitted in your jurisdiction;
- That Snapp it will be uninterrupted or error-free;
- Concerning any content submitted by any user;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on Snapp it or will be stored by Abellio ScotRail Limited;
- That Abellio ScotRail Limited will continue to support any particular feature of Snapp it;
- Concerning sites and resources outside of Snapp it, even if linked to from Snapp it.
7. Code of Conduct; Prohibited Activities
In using Snapp it, you must behave in a civil and respectful manner at all times. In particular, you will not:
- Harass or stalk any other person;
- Act in a deceptive manner by, among other things, submitting fictitious information;
- Collect information about others;
- Express or imply that any statements you make are endorsed by Abellio ScotRail Limited without our specific prior written consent;
- Distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- Interfere with or disrupt the services or the site or the servers or networks connected to the services or the site;
- Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Abellio ScotRail Limited has the right, but not the obligation, to monitor all conduct on and content submitted to Snapp it.
8. Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service. You will not post on the service any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party’s rights (including, but not limited to, material showing persons working or using the railway without their express permission, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Abellio ScotRail Limited. If information provided to Abellio ScotRail Limited subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. In particular, you may not upload, post, or transmit (collectively, “submit”) an information which:
- Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- Contains sexually explicit content;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Infringes any third party’s copyrights or other rights (e.g. trademark, privacy rights, etc.).
Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
9. Licenses Granted by You
You grant Abellio ScotRail Limited and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. If you make suggestions to Abellio ScotRail Limited on improving or adding new features to Snapp it, Abellio ScotRail Limited shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Abellio ScotRail Limited and grant the licenses set forth above; (ii) Abellio ScotRail Limited will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Abellio ScotRail Limited and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Snapp it; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Snapp it violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Intellectual Property
Abellio ScotRail Limited respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Snapp it do not infringe any third party intellectual property rights (including, without limitation, copyright, trademarks, etc.).
Abellio ScotRail Limited reserves the right to remove materials in accordance with applicable legislation relating to the protection of intellectual property if properly notified that the materials infringe a third party’s intellectual property rights. In addition, Abellio ScotRail Limited may, in appropriate circumstances, terminate the accounts of intellectual property infringers.
If you believe that any work which is protected by intellectual property rights and which you have uploaded to Snapp it has been infringed please email Abellio ScotRail Limited about this:
You may send any complaints to:
Email: [email protected]
13. General Provisions
GOVERNING LAW: This Agreement shall be governed by relevant UK laws.
Any legal action arising out of or relating to this Agreement or your use of Snapp it will be subject to the jurisdiction of the courts of the England and Wales.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES:
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Abellio ScotRail Limited in exercising any right hereunder will waive any further exercise of that right. Abellio ScotRail Limited’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES:
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Abellio ScotRail Limited’s prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from Abellio ScotRail Limited electronically. Abellio ScotRail Limited may provide all such communications by email or by posting them on Snapp it. Support-related inquiries or notices of a legal nature may be sent to us at [email protected]
Nothing herein shall limit Abellio ScotRail Limited’s right to object to claims, or other demands.
MODIFICATION; ENTIRE AGREEMENT:
This Agreement may not be modified except by a revised Terms of Service posted by Abellio ScotRail Limited on Snapp it or a written amendment signed by an authorized representative of Abellio ScotRail Limited. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Abellio ScotRail Limited and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.