Welcome to TransportAPI – Placr Limited is our official name but most folks know us as TAPI. If you want to use our stuff you have to agree to the terms and conditions – so you need to read them. They make for heavy reading. They were written by lawyers. That’s the world we live in.
Welcome to Placr Limited “we” or “us” and the Transport Application Programming Interface “TransportAPI” site at developer.transportapi.com “Services”, which provides you with access to public transport, social media and geospatial information in human and machine-readable form “Content”.
Use of the TransportAPI Services and Content is strictly subject to these Terms and Conditions. By using the TransportAPI Services and/or Content, as defined below, you accept these Terms and Conditions and agree to abide by them. It is, therefore, important that you read these Terms and Conditions carefully.
We supply the data and charge depending on your plan. We can change stuff but we’ll give you notice. You need to be old enough to sign a contract or you need to be the boss (or have approval to sign the T&C’s)
1.1 Subject to these Terms and Conditions, we shall allow you access to the TransportAPI Services and Content with the right to re-use, and you shall pay the charges to access the Services and Content (the “Charges”), under the terms in clause 4 and Schedule 2, during the Term (as defined in clause 12.1).
1.2 We may change the Services and Content subject to the provisions and notice periods given in the Deprecation Policy in Schedule 5 of this Terms and Conditions.
1.3 You warrant that you have the authority to accept and enter into these Terms and Conditions in particular, you warrant that either:
1.3.1 as an individual, you are of legal age to form a binding contract with us; or
1.3.2 as a corporate entity, you are the relevant authorised representative of the corporate entity and have approval to agree these Terms and Conditions.
You’ll need an email address and you’ll have to complete the application form. You can only have one account but you can create as many applications on that account as you need. (so don’t try creating multiple accounts with different emails – we keep a watchful eye!).
Be accurate with your details and let us know if things change (just update your details on our site). If we change anything you might need to complete a revised form. So don’t ignore this if we send one to you otherwise our service to you might stop.
2.1 Prior to granting your access to the Content and/or the Services, we require you to complete an application form (“Application Form”) in order to open an account on the TransportAPI site at https://developer.transportapi.com/signup (“Account”). You will need an email address to validate your online identity when setting up an account. We reserve the right to refuse your use of the Content and/or the Services on the basis of your Application Form.
2.2 Once you have opened an Account on the TransportAPI site, we request that you create as many access channels (“Applications”) as you need for your requirements, each of which will have its own Application ID and key. All of the usage for an individual or organisation must be combined under one Account using as many Applications are needed to differentiate usage. All usage of the Services and/or Content should be managed at an organisational level.
2.3 You warrant that:
2.3.1 at the time of entering into the Contract any information provided in relation to your Application Form or Account details is complete, accurate and not misleading; and
2.3.2 during the Term, you shall keep us informed in the event any details on the Application Form change by updating your Account details on the TransportAPI site.
2.4 In the event that we vary the process by which access to the TransportAPI is granted you may be required to complete a revised Application Form. Failure to complete a revised Application Form may result in the suspension or cancellation of the Services.
We don’t own IP on what you use the data for and you can copy it, display it, store and cache it – yay! You can’t remove acknowledgement or disclaimers from us, do stuff like reverse engineer or do things that will damage the service for everyone (such as knowingly introduce viruses, trojans or the like.
Keep your account details to yourself and any authorized users but if you do become aware that someone is accessing without your permission then you need to let us know. Obvs you can’t break the law (check the local laws that apply in the country you are using the API) and you’ll need to let us know immediately if you receive any complaints relating to our service.
3.1 Subject to our approval of your Application Form and subject to terms in clauses 3.2 and 3.3, we shall grant to you a non-exclusive, non-transferable, revocable, licence for any purpose of commercial or non-commercial re-use, by you, and your employees, agents and subcontractors (“Authorised Users”), during the Term only, subject to any user restrictions as contained in Schedule 1 (“User Restrictions”), in order to:
3.1.1 access and display the Services on any device;
3.1.2 access, copy and display Content on any device;
3.1.3 store and cache the Content on any device;
3.1.4 process the Content and combine it with any other information;
3.2 Except as expressly provided in these Terms and Conditions, you shall not (and shall not permit any third party to):
3.2.1 remove any acknowledgement or disclaimer in the Content and/or Services from the TransportAPI;
3.2.2 reverse engineer, decompile, disassemble, modify or adapt the TransportAPI Services in whole or in part;
3.2.3 assign or novate the benefit or burden of these Terms and Conditions in whole or in part;
3.2.4 allow the Content and/or Services to become the subject of any charge, lien or encumbrance;
3.2.5 deal in any other manner with any or all of its rights and obligations under these Terms and Conditions;
3.2.6 misuse the TransportAPI, Content or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or inhibits the normal operation of the TransportAPI Services;
3.2.7 attempt to gain unauthorised access to the TransportAPI Services, the servers on which the TransportAPI is running or any server, computer or database connected to the TransportAPI site;
3.2.8 attack the TransportAPI site via a denial-of-service attack or a distributed denial-of service attack; or
3.2.9 destroy the integrity of the Content and/or Services by altering their meaning and/or correct description without our prior written consent.
3.3 You shall:
3.3.1 Combine all organisational usage under a single Account, using multiple Applications to distinguish different developers, departments, apps or other services, as appropriate. If employees of your organisation or your authorised users open additional Accounts in good faith you should close the additional Accounts as soon as you become aware of the duplication of access and add a new Application to the single Account you keep. We reserve the right to merge and close multiple Accounts on TransportAPI from a single organisation when we become aware of them;
3.3.2 comply with the User Restrictions in Schedule 1 at all times;
3.3.3 ensure that the number of persons using the Content and/or Services as Authorised Users for your internal business use does not exceed the number in Schedule 1, para 1.2.2, unless we have granted prior written consent to exceed such numbers;
3.3.4 ensure that the Content and/or Services are deployed through equipment controlled by you;
3.3.5 keep a complete and accurate record of your disclosure of the Content and/or Services and to your Authorised Users, and produce such record to us on request from time to time;
3.3.6 maintain the confidentiality and security of your Account name and password at all times in accordance with clause 6.1 and notify us as soon as you become aware of any unauthorised use or misuse of the Content and/or Services by any person;
3.3.7 pay for any broadening of the scope of the licences granted under these Terms and Conditions to cover any unauthorised use of the Content and/or Services you make due to activities prohbited in clauses 3.2.7 and 3.2.8, being an amount equal to the fees which we would have levied (in accordance with our current normal commercial terms) had we licensed any such unauthorised use on the date when such use commenced, together with interest at the rate provided for in clause 4.11, until the date of payment;
3.3.8 display “source: http://transportapi.com/” within your service (for example, on an “about” screen) so that it is clear that the Content and/or Service is derived from us;
3.3.9 retain any analytics or authentication code placed in the Content and/or Services by us;
3.3.10 comply with all local laws applicable to publishers and service providers where your website, application or service is made available; and
3.3.11 inform us in writing if you receive any complaint or claim in respect of the Content and/or Services.
We like to keep things simple. Free (always) Grow (per hit) or Enterprise (for serious data munchers). We do revenue share too. If you are Grow or Enterprise charging starts on the 1st of the month and you’ll need to pay us at the end of that month – if you cancel mid month you’ll still be charged for the full month.
If you are using our free service and we will email you three times to let you know you are at 80%, 90% and 100% usage then that’s it you have to wait till the next day to start using our data again. Or you can just upgrade to Grow to get your additional hits. For this just put in your credit card details and we will automatically take the money out at the end of the month for the additional hits.
If at any time you think your bill is incorrect just let us know and we play fair about these kinds of errors – if it’s wrong you get a refund. End of. From time to time (but not often) we need to vary our charges – we’ll give you plenty of notice so you don’t get any surprises.
4.1 In your TransportAPI Account, you must choose a usage scheme (“Plan”) from the options at https://developer.transportapi.com/plans for each Application you create. When creating an Application you can either: accept the default free but limited ‘Start’ Plan; request a change to a per hit ‘Grow’ paid plan (with pricing as defined in Schedule 2 for each level and type of usage); or agree a bespoke Software and Data Supply Agreement (“SDSA”) with us to cover Enterprise services or Revenue share arrangements, in which we set out the Charges for the usage you propose to make of TransportAPI (as defined in Schedule 3). You must access TransportAPI by reading data from a URL (“Request”) listed at https://developer.transportapi.com/documentation. Each Request will consume a certain number of credits (“Hits”) as listed from time to time at https://developer.transportapi.com/documentation. Your chosen Plan may define the maximum number of Hits (“Quota”) you can use from the TransportAPI during a specified period for the price specified in the Plan you have chosen. Hits shall be counted towards the Quota defined in your Grow paid Plan or SDSA when a request bearing the key associated with your TransportAPI Account is received by the TransportAPI, with the exception of requests for authentication.
4.2 The Charges you pay shall be determined by reference to the price of your chosen Plan as set out from time to time in https://developer.transportapi.com/plans, and as amended in accordance with clause 4.10. The current Charges for a Grow paid Plan are set out in Schedule 2, and are offered with a Service Level Agreement (“SLA”) set out in Schedule 4. The scope of Charges to be agreed in a Software and Data Supply Agreement are set out in Schedule 3, and may be offered with a Service Level Agreement (“SLA”).
4.3 The Charges for your usage under your chosen Plan shall apply per calendar month starting on the 1st of the month. The Charges become due and payable in full to us on the last day of each month or part thereof after you have used the Content and/or Services, except for i) a Software and Data Supply Agreement based on Revenue sharing (as defined in Schedule 3), in which case the Charges become due 5 days after you have received the revenue from each and every app store or sales platform using TransportAPI Services or Content; and ii) a Software and Data Supply Agreement establishing an Enterprise service when the Charges become due at such times as specifically agreed between the parties.
4.4 Should you reach any Quota limit for your Plan we will notify you through your Account and by email at 80%, 90% and 100% of your usage, and the following shall apply notwithstanding such notification:
4.4.1 if you reach the daily quota for the ‘Start’ free Plan your access to the Content and/or Services will immediately be suspended until midnight UK time when the next free daily Quota limit will apply;
4.4.2 If you operate your Account outside the terms of the Plan as set out in the Software and Data Supply Agreement for Revenue shares (as defined in Schedule 3):
184.108.40.206 we will notify you via the email account you have given us during registration and request a return to compliance in terms of hits received, or we will request that you negotiate a new Plan with us;
220.127.116.11 if we do not receive a response within 5 days of our notification about your preferred course of action, and if you have not requested a maximum periodic quota in the Software and Data Supply Agreement for Revenue shares, we will automatically transfer you to the equivalent Grow paid Plan’ in terms of Hits being received in the charging month;
18.104.22.168 you shall be liable to pay additional charges pro rata at your current Plan pricing for any additional Hit beyond the Quota as set out in your Software and Data Supply Agreement for Revenue shares prior to any upgrade or suspension of your access to the Content and/or Services has become effective.
4.5 Authentication and information requests will not be counted towards any Quota.
4.6 You shall pay the Charges, where applicable, plus VAT and/or any other relevant local sales taxes, for use of the Content and/or Services at such times as agreed between the parties in a Software and Data Supply agreement. If you request a Grow paid Plan we shall request that you fill out the details of your pre-nominated credit or debit card and associated details, so that we can take payment for the Content and/or Services after charges have been notified and are due. You consent to us being able to take any monies payable under these Terms and Conditions automatically and directly, without any further notice. Access to the Content and/or Services under a Grow paid Plan shall not be provided until such details have been supplied.
4.7 If you believe any error has been made in the calculation of the Charges as notified to you then you must bring it to the attention of TransportAPI along with appropriate evidence through the Messages function of your dashboard. Acceptance of errors shall be at our absolute discretion, but we will aim to act fairly, reasonably and promptly in making our decision. When we accept that an error has been made in the calculation of the Charges we will make a refunds to you.
4.8 We shall keep you informed about your usage via the ‘Dashboard’ messages function of the TransportAPI.
4.9 Time shall be of the essence regarding your obligations to make payments in accordance with this clause and such obligations are material obligations for the purpose of clauses 5.1.1 and 12.3.1.
4.10 We may, at any time by giving 30 days’ prior written notice, vary the Charges, the basis on which they are calculated (including Hit tariff and Quota), the Content, the Services and any other provisions of these Terms and Conditions, except where the terms of a Software and Data Supply Agreement state otherwise, for example, to fix the Charges under specified conditions.
4.11 Where an amendment to the provisions of these Terms and Conditions (other than the Charges, or the basis on which they are calculated) is required as a result of an addition to the Services or relevant Service (including, for example, an amendment to acknowledge third party rights), we may give you reasonable notice in writing of the necessary amendments that will take effect on the date specified in that notice.
4.12 If you fail to pay any amount payable by it under these Terms and Conditions we may at our sole discretion charge you interest on the overdue amount (payable by you immediately on demand) from the due date up to the date of actual payment, after as well as before judgment, at the rate of 1% per annum above the base rate for the time being of the Bank of England. Such interest shall accrue on a daily basis.
Like you’ll need to pay on time. We can cut you off if you don’t play nice (see above in Licence) or if you give unathorized people access to your account. (If you do this and people use data then you’ll be the one paying).
5.1 In addition to our right to terminate these Terms and Conditions in accordance with clause 12.3, we may suspend your access to the Services: 1.1.1 immediately, in the event that you commit a material breach of these Terms and Conditions (including, but not limited to, non payment of the Charges under clause 4);
5.1.2 immediately, if you fail to pay any amount due under these Terms and Conditions on the date for payment and remain in default not less than 10 days after being notified in writing to make such payment;
1.1.3 immediately, if either you or we exercise the right to suspend the access to the Content and/or the Services in accordance with clause 4.4;
5.1.4 immediately, if you breach any of clauses 3.1, 3.2, 3.3, 6 or 10;
5.1.5 on 30 days’ notice plus the remainder of the calendar month when notice is given, at any time; and/or
5.1.6 immediately, if we believe that you have provided or facilitated access to a third party who is not an Authorised User without our prior written consent.
5.1.7 Your access to the Services and/or Content is personal to you and the Authorised Users, it is not transferable to any third party that is not an Authorised User.
5.1.8 If any unauthorised access or use as defined in clauses 3.2.7 and 3.2.8 is made of the TransportAPI or the Content or the Services and such use is attributable to the act or default of, or through, you then, without prejudice to our other rights and remedies, shall immediately be liable to pay us an amount equal to the Charges that we would have charged, had we had we licensed any such unauthorised use on the date when such use commenced together with interest at the rate provided for in clause 4.12, from such date to the date of payment.
Keep your password secure and let us know quickly if there are any breaches.
6.1 You shall ensure that the Content and/or Services and any access login or passwords to the Content and/or Services are kept secure, and shall use the best available security practices and systems applicable to the use of the Services to prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display or distribution of the Content and/or Services.
6.2 If you become aware of any misuse of any of the Content and/or Services, or any security breach in connection with these Terms and Conditions that could compromise the security or integrity of the TransportAPI and/or the Content and/or Services or otherwise adversely affect us or if you learn or suspect that any of the Content has been revealed to or obtained by any unauthorised person, you shall promptly notify us and fully co-operate with us to remedy the issue as soon as reasonably practicable.
6.3 You shall not intentionally interfere with the TransportAPI site, and/or the Content and/or Services in any way by introducing malicious code or carrying out a denial of service attack.
7.1 You warrant that:
7.1.1 all relevant data subjects whose personal data (such as name, location, details of request made) you have supplied to us in connection with these Terms and Conditions whether staff or service users, including those data subjects who may have submitted personal data via our website or via the Application Form, have given their informed consent for us to:
22.214.171.124 process the personal data for all purposes ancillary to performing the obligations under these Terms and Conditions;
126.96.36.199 transfer such personal data to destinations outside the European Economic Area (“EEA”) which may have lower standards of data protection than those applicable in the EEA;
188.8.131.52 disclose any personal data in response to any subject access request relating to these Terms and Conditions; and
7.2 You shall indemnify us for any cost, claim or expense arising as a result of you:
7.2.1 breaching any of the data protection obligations in clause 7.1; or
7.2.2 causing us to be in breach of any of data protection obligations including but not limited those contained under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any to the legislation relating to the storing and processing of data.
Most of our stuff comes from the government on a modified Open Government Licence. Sometimes we have to pay for other stuff. You have broad rights to re-use and retain the TransportAPI content and any IP created by your processing of TransportAPI content belongs to you. Where technically possible you need to credit us as the data source.
8.1 For the purpose of these Terms and Conditions, “Intellectual Property Rights” shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
8.2 The majority of Content supplied from the TransportAPI.com site is sourced from open data published by government agencies or partners on a modified Open Government Licence. As such this open data Content is supplied for any purpose of commercial and non-commercial re-use under the broad Licence in clause 3.1 of this Terms and Conditions. Where data is sourced from commercial partners the commercially licenced Content is also offered under the broad Licence in clause 3.1 of this Terms and Conditions. However, we offer the additional Warranties in clause 9 of this Terms and Conditions with respect to our right to redistribute this commercially licenced Content.
8.3 You acknowledge that:
8.3.1 all Intellectual Property Rights in the Services that operate the TransportAPI site are the property of Placr Limited;
8.3.2 you have broad rights to re-use and retain the TransportAPI Content and/or Services as defined by the Licence in clause 3.1 of this Terms and Conditions; and
8.3.3 any intellectual property rights created by your processing of the TransportAPI Content for re-use shall belong to you.
8.4 You shall co-operate with us to protect the goodwill and reputation of the TransportAPI.
8.5 Any display of the Services by you shall credit, wherever technically and commercially feasible, us, any licensor or any other source of the Content and/or Services specified by us at https://developer.transportapi.com/ as the source of the Content and/or Services.
8.6 You acknowledge that reference in any element of the Content and/or Services to our trade names or proprietary products where no specific acknowledgement of such names or products is made does not imply that such names or products may be regarded by you as free for general use, outside the scope of the use of the Content authorised by these Terms and Conditions, including but not limited to the obligations as set out in clause 3.1.4.
Yup – we’ve got permission for all our stuff to be used but we can’t guarantee that the service never gets interrupted (except where you have a Service Level Agreement with us). Usually its beyond our control and we do our level best to alert you as quickly as possible. You can always see the live status of the service developer.transportapi.com/status
9.1 We warrant that we have the right to license the TransportAPI Content and/or Services as specified in these Terms and Conditions, except where GPL-licensed open source software is used, in which case any modifications to the software are shared, and details given at https://developer.transportapi.com/.
9.2 With respect to commercially licensed Content the Supplier additionally warrants that:
9.2.1 the Supplier or its licensors owns the Intellectual Property Rights in any commercially licenced Content;
9.2.2 the Supplier is not aware of any circumstances which might endanger the validity of the Intellectual Property Rights in the commercially licenced Content and all fees in respect of any Intellectual Property Rights in commercially licenced Content have been paid in full;
9.2.3 the commercially licenced Content does not infringe the rights of any third party.
9.3 Except as expressly stated in these Terms and Conditions, all other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into these Terms and Conditions or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care to the extent permitted by law.
9.4 Without limiting the effect of clause 9.3, we do not warrant that:
9.4.1 the supply of the Services will be free from interruption, viruses or malicious code, except where we offer a Service Level Agreement (as specified in Schedule 4) as part of a Software and Data Supply Agreement (as specified in Schedule 3); or
9.4.2 the Content is accurate, complete, reliable, secure or timely except where we offer a Service Level Agreement as specified in Schedule 4; or
9.4.3 the Services will run on your systems; or
9.4.4 the TransportAPI, Content and/or the Services have been tested for use by you or any third party; or
9.4.5 that the TransportAPI, Content and/or the Services will be suitable for or be capable of being used by you or any third party.
9.5 Without limiting the effect of clause 9.3, we do warrant that:
9.5.1 We will use best efforts and reasonable skill to operate the TransportAPI Services continuously and to provide TransportAPI Content with integrity, subject to supply constraints in the source of the Content.
You don’t be disclosing our business and we don’t be disclosing yours. If we want to promote anything you are doing – like feature your great applications on our blog – we’ll ask you. Our confidential information includes TransportAPI services (like the code running our site) and any of our operational details that we disclose to you. Obvs if you are asked by the law to disclose anything you’ll need to do that – but give as much notice as you can to your clients as we will to you.
10.1 For the purposes of these Terms and Conditions “Confidential Information” shall include all confidential information (however recorded or preserved) disclosed by a party or its employees, officers, representatives, advisers or sub-contractors involved in the provision or receipt of the Services in connection with these Terms and Conditions concerning:
10.1.1 any information that would be regarded as confidential by a reasonable business person relating to:
10.1.1.1 the business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities of the disclosing party; and
10.1.1.2 the operations, processes, product information, know-how, designs, trade secrets or software of the disclosing party (or of any member of the group of companies to which the disclosing party belongs); and
10.1.2 any information which is either labelled as confidential or else which should reasonably be considered as confidential because of its nature and the manner of its disclosure.
10.2 Each party shall keep the other party’s Confidential Information confidential and shall not:
10.2.1 use any Confidential Information except for the purpose of exercising or performing its rights and obligations under these Terms and Conditions; or
10.2.2 disclose any Confidential Information in whole or in part to any third party, except as expressly permitted by this clause.
10.3 You acknowledge that our Confidential Information includes TransportAPI Services and any operational details disclosed to you.
10.4 A party may disclose Confidential Information to the extent required by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of the disclosure as possible.
10.5 Each party reserves all rights in its Confidential Information. No rights or obligations in respect of a party’s Confidential Information, other than those expressly stated in these Terms and Conditions, are granted to the other party, or are to be implied from these Terms and Conditions.
10.6 The provisions of this clause 10 shall continue to apply after termination of these Terms and Conditions.
Neither us nor you excludes or limits liability to each other for fraud, death or personal injury or a breach of the Sale of Goods Act. We’re not liable if you misrepresent us or you breach your contract or for any losses relating to your IT systems and property. The majority of our suppliers are big, national, open data services that don’t offer us guarantees and there are no alternative sources but we will always bring you the data whenever its flowing.
11.1 Neither party excludes or limits its liability to the other party for:
11.1.1 fraud or fraudulent misrepresentation;
11.1.2 death or personal injury caused by negligence;
11.1.3 a breach of any obligation implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
11.1.4 any matter in respect of which it would be unlawful for the parties to exclude liability.
11.2 Subject to clause 11.1, we shall not in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
11.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
11.2.2 any loss or corruption (whether direct or indirect) of data or information;
11.2.3 loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time);
11.2.4 any loss relating to your IT systems and property, tangible property or physical damage; or
11.2.5 any loss or liability (whether direct or indirect) under or in relation to any other contract.
11.3 Subject to clause 11.1, our total aggregate liability to you for direct losses in, tort (including negligence) or breach of contract under these Terms and Conditions shall in all circumstances be limited to 100% of the total Charges paid by you to us during the 12 month period immediately before the date on which the cause of action first arose.
11.4 Any dates quoted for delivery of the Services are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Services that is caused by an event within the scope of clause 13.
Sometimes things just come to an end. If that happens just let us know and we’ll cancel your account. Remember, we work on calendar month so if you cancel mid-month you will still have to pay for that month. We’ll cancel if you don’t pay on time or if you breach any of other terms and conditions. When we part make sure that you remove any of our services from your applications. But we don’t expect that to happen – our customers are pretty satisfied all round.
12.1 These Terms and Conditions shall commence on the date when we notify you of our approval of your Application Form by opening your Account and shall remain in force unless terminated in accordance with these Terms and Conditions and any Software and Data Supply Agreement (if any) (the “Term”).
12.2 For the avoidance of doubt, if you have chosen a Start, Grow paid Plan or Software and Data Supply Agreement Revenue share you may terminate these Terms and Conditions by contacting us through the TransportAPI ‘Messages’ function on your ‘Dashboard’ telling us that you wish to close your Account and terminate these Terms and Conditions. On receipt of this notification we will close your Account and terminate your access to the Content and/or the Services at the end of the following calendar month after your notice of termination is received by us. You shall be liable for any Charges until we terminate your access to the Content and/or the Services, which shall include the rest of the calendar month in which the notice of termination was received by us. Such amounts shall be in addition to any other outstanding Charges. If you have chosen a Software and Data Supply Agreement Enterprise service, you may terminate these Terms and Conditions as defined in the Software and Data Supply Agreement.
12.3 Without prejudice to any rights that have accrued under these Terms and Conditions or any of its rights or remedies (including, but without limitation, clause 5.1), either party may terminate these Terms and Conditions with immediate effect by giving written notice to the other party if: 12.3.1 the other party commits a material breach of any term of these Terms and Conditions and (if that breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so; 12.3.2 you are in breach of clause 5.1;
12.3.3 the other party:
184.108.40.206 suspends, or threatens to suspend, payment of its debts; 220.127.116.11 is unable to pay its debts as they fall due or admits inability to pay its debts;
18.104.22.168 (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
22.214.171.124 (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986; or
126.96.36.199 (being a partnership) has any partner to whom any of clause 188.8.131.52 to clause 184.108.40.206 apply;
12.3.4 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
12.3.5 an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company);
12.3.6 a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; 12.3.7 any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.3.3 to clause 12.3.6 (inclusive);
12.3.8 the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or
12.3.9 you incur a change of control (within the meaning of section 1124 of the Corporation Tax Act 2010).
12.4 Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination of these Terms and Conditions shall remain in full force and effect. 12.5 Termination of these Terms and Conditions, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
12.6 On any termination of these Terms and Conditions for any reason, you shall promptly on demand pay any outstanding amounts owed to us under these Terms and Conditions and ensure that there is no further use of the Services in any of your website, application or systems.
12.7 On termination of these Terms and Conditions for any reason or expiry of the Term:
12.7.1 each party shall as soon as reasonably practicable return or destroy (as directed in writing by the other party) all materials provided to it by the other party in connection with these Terms and Conditions including all materials containing or based on the other party’s Confidential Information (as defined in clause 10.1); and
12.7.2 without limiting the effect of clause 12.7.1, you shall as soon as reasonably practicable ensure that all licensed Services are disconnected and removed from your website, applications or systems.
12.8 If a party is required by any law, regulation, or government or regulatory body to retain any documents or materials that it would otherwise be required to return or destroy under clause 12.7, it shall notify the other party in writing of that retention, giving details of the documents or materials that it must retain. That party shall not be in breach of clause 12.7 with respect to the retained documents or materials.
Like an Act of God or something similar – or if not God – nature (depends on your views). No way we can be responsible for that.
Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if that delay or failure results from events, circumstances or causes beyond its reasonable control. In these circumstances the affected party shall be entitled to a reasonable extension of the time for performing its obligations, provided that, if the period of delay or non-performance continues for one month, the party not affected may terminate these Terms and Conditions by giving 15 days’ written notice to the other party. You shall not be able to invoke this Force Majeure clause for your non-payment or delayed payment of the Charges under clause 4.
We’re talking to you – nobody else – so that’s the deal. When you sign the agreement it’s between us and you (or the organisation that you legally represent).
14.1 These Terms and Conditions are personal to you and the Authorised Users and you shall not assign, transfer, mortgage, charge, sub-contract, declare a trust of or deal in any other manner with any of its rights and obligations under these Terms and Conditions without our the prior written consent.
14.2 You confirm you are acting on your own behalf and not for the benefit of any other person.
14.3 We may at any time sub-license, novate, assign, transfer, mortgage, charge, sub-contract, declare a trust of or deal in any other manner with any of our rights and obligations under these Terms and Conditions without your consent.
A waiver means you give up rights and privileges. You don’t do that with our T&C’s.
No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
It something is legal it’s legal so anything in our T&C’s is in addition to the law and does not preclude your natural entitlements under law.
Except as expressly provided in these Terms and Conditions, the rights and remedies provided under these Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
By email and via your account dashboard. Any legal stuff will be by recorded delivery.
17.1 Any legal notice or other communication required in connection with these Terms and Conditions:
17.1.1 to be given by us to you shall be by email, to the address you provide to us on your Application Form and/or in writing, at the postal address you provide to us on your Application Form, or as formally notified to us thereafter in writing; and
17.1.2 to be given by you to us shall be in writing through TransportAPI ‘Messages’ function on your ‘Dashboard’ and/or by email to email@example.com.
17.1.3 All legal notices hereunder must be sent by recorded delivery post and legal notices will be deemed received and properly served two days after the date of posting.
17.2 This clause does not apply to the service of any proceedings or other documents in any legal action.
If it’s not in these T&C’s it doesn’t count.
18.1 These Terms and Conditions and the Software and Supply Agreement constitute the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between us relating to its subject matter.
18.2 Each party acknowledges that in entering into these Terms and Conditions it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
18.3 No party shall have any claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
Unless we change it.
Except as expressly provided in these Terms and Conditions (including but not limited to clauses 4.9 and 4.10), no variation of these Terms and Conditions shall be effective unless it is in writing and signed by us (or our authorised representatives).
20.1 If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
20.2 If any invalid, unenforceable or illegal provision of these Terms and Conditions would be valid, enforceable and legal if some part of it were deleted, the parties shall negotiate in good faith to amend that provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
23.1 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
23.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).
OK Then! Congratulations on getting through all that. The following section includes the schedules (useful stuff you might want to read) we wrote these so they should be a little more user friendly.
Customer User Restrictions
1.2 You shall:
1.2.1 limit access to the Services to your Authorised Users;
1.2.2 the number of Authorised Users will not exceed 100 users or the number as notified to you by Placr Limited in writing,
whichever is the higher;
1.2.3 not use the Services for any purpose contrary to any law or regulation or any regulatory code, guidance or request;
1.2.4 not do anything which may damage the reputation of us, the TransportAPI or the Services, including by way of using the Services
(wholly or in part) in any manner that in our reasonable view is pornographic, racist or that incites religious hatred or violence.
Charges for you use of the TransportAPI GROW Plan
1 The Charges shall be calculated from per hit charges and standing charges as follows:
Note that not all endpoints are charged at 1 hit per request: see the Documentation at https://developer.transportapi.com/documentation for details. For example, public journey plans are charged at 10 hits per request for commercial users and 1 hit per request for UK Council Traveline members.
2 Start free plan offers 1000 free hits per day, resetting each day at midnight UK time. Upgrading to Grow paid Plans incurs a
standing charge but permits up to 30,000 free hits per calendar month before hit charging comes into effect at the rates in the table above.
3 Above 1,000,000 hits per month the price per hit remains the same.
4 NextBuses is charged to TransportAPI at £1.20 plus VAT per 1000 requests and is charged at cost.
5 Public and Private Journey planning responses come from the source you specify in the request parameters and the number of
hits/request vary according to the source as documented in https://developer.transportapi.com/documentation.
6 Paid Plans are offered for all TransportAPI.com Content (“All Modes API Plan”) and for selected Content in a single transport mode
(“Single Mode API Plan”). The Single Mode API Plan shall be offered for the following groups of Services at a discounted standing charge:
Bus/Ferry/Tram Single Mode
Bus/Ferry/Tram London live departures
Bus/Ferry/Tram timetabled departures
Bus/Ferry/Tram find nearby stops/ in bounding box
Bus/Ferry/Tram timetable line view
Bus/Ferry/Tram timetabled departure detail
Bus/Ferry/Tram operators list
Bus/Ferry/Tram list of lines for operator
Tube Single Mode
Tube live departures
Tube find nearby stations/ in bounding box
Tube network performance
Tube headway radar diagram
Tube list all lines
Tube list all stations
Tube list stations on line
Tube stations platforms list
Tube timetabled departures
Tube timetabled departure detail
Train Single Mode
Train live station departures
Train find nearby stations/ in bounding box
Train timetabled station details
Train timetabled departures
Train next timetabled departure
Train stations served by an operator
Widget Single Mode
Local transport summary in widget
Journey Planning Single Mode
Public Journey planning
Private journey planning
Pricing as at 1st June 2015
Charges for use of TransportAPI through a software and data supply agreement
1 (Contd) When requesting a Software and Data Supply Agreement, the desired pricing model should be entered in the Description field of the ‘New Application’ form. The SDSA must be signed before Services and Content are made available and the contract details must be registered in the TransportAPI Account and Application in the Developer portal.
2 NOTE 1. Enterprise services shall be charged at £6000 per month plus VAT for UK local authorities (with 3 days per month of included consultancy and up to 1m bundled NextBuses hits). Journey Plans from TravelineSE for UK Council Traveline members shall be free up to the limit to the limit of TravelineSE’s reasonable use policy.
3 NOTE 2. Enterprise services shall be charged at £8000 per month plus VAT for all bodies that are not UK councils (with 4 days per month of included consultancy, up to 1m bundled NextBuses hits and up to 1m bundled journey plans.
4 NOTE 3. Placr shall determine eligibility for the non-profit pricing model at its absolute discretion.
5 NOTE 4. In Revenue share pricing models requests for non-London bus live departures from Traveline NextBuses must be limited to the number agreed in the Annex 1 of the SDSA. Above this price extra hits must be charged at the rate charged by Traveline to us i.e. £1.20 per 1000 hits.
Service Level Agreement
1 Placr shall offer this Service Level Agreement (“SLA”) to customers who subscribe to a Grow paid Plan and Enterprise service when defined in Annex 1 of the Software and Data Supply Agreement. The SLA shall only apply to the Grow paid Plan Services subscribed to by you i.e. if you have subscribed to a Single Mode API Plan then the SLA shall only cover the subscribed Services.
2 This SLA shall cover all the Services publicly offered on TransportAPI and listed at http://developer.transportapi.com/documentation, with the exception of those Services that are from time to time excluded, as listed at http://developer.transportapi.com/sla.
3 Placr shall use its best efforts to provide services via TransportAPI with a high degree of continuity (“Uptime”) and responsiveness (“Response time”). This SLA covers the fulfilment of syntactically correct responses from TransportAPI and does not guarantee semantic completeness at this time. The SLA performance metric for Uptime excludes the non-availability of the source services, which shall be subtracted from the total downtime to produce the final value of the metric for the purposes of this SLA.
4 The availability and responsiveness of TransportAPI Services is measured independently by http://pingdom.com/ from its European servers and the current performance achieved for representative set of Services the Metrics List in this Annex 3 is continuously displayed on our System Status page at https://developer.transportapi.com/status. At least one representative Service will be measured for each Single Mode API Plan.
5 This SLA shall be offered on Uptime and Response time when averaged over the previous 30 days, as assessed at 12 noon on the first working day of each calendar month.
6 Placr shall offer rebates on the cost of access to TransportAPI (‘Service credits’) when:
6.1 the average availability (“Uptime”) of any subscribed non-excluded Service (as measured every minute over a calendar month at six representative endpoints) falls below the percentage stated for each metric at https://developer.transportapi.com/sla in the Metrics list in this Annex 3; OR
6.2 the average response time (“Response time) for any subscribed non-excluded Services (as measured every minute over a calendar month at a representative endpoint) falls below the threshold stated from time to time at https://developer.transportapi.com/sla in the Metrics list in this Annex 3.
7 Alterations to Uptime and Response time thresholds or rebate rates shall be notified to you a month in advance of any change to the values shown at https://developer.transportapi.com/sla.
8 Rebates on the Charges shall be offered at the rates stated from time to time at https://developer.transportapi.com/sla.
9 Metrics may be specified in Annex 3 of each Software and Data Supply Agreement, and, if so, these metric shall take precedence over this Schedule and the metrics at https://developer.transportapi.com/sla.
1. TransportAPI Services and Content subject to this policy are the endpoints and responses documented from time to time for public use on the Developer portal (http://developer.transportapi.com/documentation).
2. The TransportAPI Services and Content are versioned according to the number in the endpoint URL e.g. transportapi.com/v3/. The current version is version 3 and versions 1 and 2 are now fully deprecated. Our commitments to continue to provide access to the Services and Content will apply separately to the endpoints and responses within each version published now and in future.
3. Within each version of the Services and Content, we aim to make no breaking (backwards incompatible) changes to the request or response structures within each API version. We may make breaking changes in the following circumstances:
3.2 where the Content is withdrawn or significantly changed by a data supplier, in which case we will give one month’s notice of the change or the amount of notice given by the data supplier to us, whichever is the lesser;
3.3 where the stability of the Service is affected by a current request or response structure, in which case we will give as much notice as is reasonably possible;
3.4 where there is a significant need among customers for a change, in which case we will give three months notice through our blog (http://transportapi.com/blog/) and regular developer communications
4. We may make non-breaking changes to the request and response structures at any time, in which case we will notify you within a month of making the change through our blog and regular developer communications.
5. If we make changes to the request or response structures we will publish this within a month in our documentation on the developer portal.
5.1 TransportAPI Services and Content subject to this policy are the endpoints and responses documented from time to time for public use on the Developer portal (http://developer.transportapi.com/documentation).
5.2 The TransportAPI Services and Content are versioned according to the number in the endpoint URL e.g. transportapi.com/v3/. The current version is version 3 and versions 1 and 2 are now fully deprecated. Our commitments to continue to provide access to the Services and Content will apply separately to the endpoints and responses within each version published now and in future.
5.3 Within each version of the Services and Content, we aim to make no breaking (backwards incompatible) changes to the request or response structures within each API version. We may make breaking changes in the following circumstances:
5.3.2 where the Content is withdrawn or significantly changed by a data supplier, in which case we will give one month’s notice of the change or the amount of notice given by the data supplier to us, whichever is the lesser;
5.3.3 where the stability of the Service is affected by a current request or response structure, in which case we will give as much notice as is reasonably possible;
5.3.4 where there is a significant need among customers for a change, in which case we will give three months notice through our blog (http://transportapi.com/blog/) and regular developer communications
5.3.4 We may make non-breaking changes to the request and response structures at any time, in which case we will notify you within a month of making the change through our blog and regular developer communications.
5.3.5 If we make changes to the request or response structures we will publish this within a month in our documentation on the developer portal.