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Milton Keynes Terms and Conditions

Milton Keynes Council Cycle TRIAL Participant Agreement

1. Introduction

You (“You” "Your” and ”Trial Participant”) agree that You have read and accepted these terms and conditions (“Terms Of Use”) when You register as a Trial Participant and that these Terms Of Use apply to Your involvement in the MK Cycle Trial (the “Trial”) and installation on Your bicycle of the See.Sense ICON light Sensor Equipment (the “Sensor(s)”) and use of the App provided by See.Sense (“App”). The App is to be downloaded to Your phone (Android smartphone or iPhone) and carried with You when cycling on the Public Highway, Cycle Routes & Redways (“Redways”) within the Milton Keynes area with the Sensor enabled.

Once the Sensor has been received and the App installed, You agree to take-part in the Trial regarding monitoring of cycling related data, e.g. favourite routes, speed, details of which will be provided in due course.

Further, You confirm that You are aware that the service could be restricted or withdrawn if these Terms Of Use are violated. The Terms of Use will be applicable from 1 August 2016 to 31 January 2017 inclusive (the “duration”).

2. Information about the MK Cycle Trial and partners

Milton Keynes Council (“We” and “Our”) is the local authority of the Borough of Milton Keynes and responsible for the upkeep of the Redways system comprising a network of shared use paths for cyclists and pedestrians generally surfaced with red tarmac which criss-cross most of the city.

The objective of the Trial is to better understand, through monitoring of cycling habits from Trial Participants, how Milton Keynes’ Redways, cycle routes and highway network are being used. Through the Sensor and App, information about Your location while cycling and Your cycling behaviour will be collected to be analysed by Milton Keynes Council and the partners involved in this Trial.

The Trial is being undertaken in partnership with See.Sense (“See.Sense”) and The Open University (“OU”), (collectively known as the “Partners”) through the MK:Smart project.

See.Sense is a technology company with a mission to enhance the safety, performance and enjoyment of cycling by bringing technology to the cutting edge of cycling design.

The OU is a UK university with a mission to widen access to higher education to university students with research excellence. MK:Smart is a large collaborative initiative, led by the OU, which is aimed at developing innovative solutions to tackle sustainability issues and support economic growth in Milton Keynes.

3. What you are agreeing to

You hereby agree that the data and results generated by the Trial will be shared with the Partners. The data will be stored on the MK Data Hub, a data management facility created by the MK:Smart project as a collaboration between Milton Keynes Council and the Open University. Data collected from your cycling activity will not be made available to third parties, and will only be accessible to members of the partner organisations directly involved in the Trial, for the purpose of the Trial. We

and the Partners involved reserve the right to also use these data in an anonymised form for research purposes.

Trial Participation in the Trial requires attachment of the Sensor equipment to Your bicycle and installation of the app by the Trial Participant. By participating in the Trial You warrant that You are legally able to do so and that You are at least 18 years old. Failure to use the Sensor at least once in any 21 day period will result in a violation of these Terms of Use.

4. The Sensor Equipment and Installation

The Sensor equipment will at all times remain Our property and You agree not to do anything that will affect Our right, title and interest in the Sensor.

We will configure the Sensor and make it available to You, together with instructions on installation and use. You will follow the instructions and report back to the Milton Keynes Council personnel or their duly authorised representatives (the “Cycling Support Team”). Once the Sensor is installed and configured, You agree not to willingly disable it for the duration of the Trial and to use it regularly on cycle rides including at least once every 21 days. The Cycling Support Team will monitor regular usage of Sensors and assess whether Your usage is acceptable within the Terms of Use.

These instructions will also include information about downloading and installing the App on your smartphone. Data will be transferred from the Sensor, through the App, to the MK Data Hub as soon as the Sensor and the App are successfully configured.

You agree to take reasonable care of the Sensor and to ensure that once it is received it will be protected from loss, theft, damage or destruction. You will ensure that it is only used for the purpose of the Trial and make no alteration to the Sensor and not remove any existing components without Milton Keynes Council’s prior written consent.

You agree to keep us informed of all material matters affecting the Sensor and will allow, on reasonable notice, access to the Sensor by the Cycling Support Team to inspect it and to ensure that it is operating correctly.

If an item which We have provided is defective We will endeavour to replace the item, however this cannot be guaranteed. By participating in the Trial You agree not to disconnect any of the equipment listed in para 4 for the duration of the Trial.

When your involvement in the Trial comes to an end you will return the Sensor to Milton Keynes Council.

The Trial equipment has been designed to comply with all relevant EU legislation. We cannot accept liability for any consequential loss of profit or indirect losses.

Our Terms of Use do not affect Your statutory rights.

5. Your registration

You are responsible for maintaining the confidentiality of Your username and password and must take all reasonable steps to keep it confidential. If Your security is breached, please advise us immediately and We will create a new account for You.

6. Service Description

To take part in the Trial You will need an Android or iOS Smartphone with a reliable data connection (wifi, 3G, 4G, etc.), and a cycle to install the Sensor.

Unless We state otherwise, any new services added by us or Our partners as part of the Trial will be subject to these Terms Of Use.

The Trial data collection will include, but not be limited to, the following data:

  • -  Location of the bicycle while cycling

  • -  Cycling behaviour measured through 3 way acceleration while cycling

    Please note the data will be sent to the Partners at a high rate, from the App on Your smartphone, when the Sensor is enabled (up to, and not more than 4MB per hour). It is Your responsibility to ensure that Your data connectivity (wifi or mobile data) can support such amounts of data transfer. None of the costs associated with subscribing and using such a data connection can be claimed or will be supported by Milton Keynes Council or the Trial Partners.

7. Service Availability

Our goal is to have the service available for the majority of the time but We or Our Partners cannot be held liable for any service outages. Planned outages will be notified to participants via email.

8. Changes to the MK Cycle Trial Service

We reserve the right to implement further practices and limits pertaining to the use of the service over time. This includes modifying or discontinuing, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that We and Our partners shall not be liable to You or to any third party for any modification, suspension or discontinuance of the service.

We reserve the right to change any part of these Terms of Use. We will notify You of any change by email, with any of these changes taking effect immediately at the date of the email.

9. Privacy Policy

All partners involved in the Trial will collect and process information in accordance with their own data protection and privacy policy, following data protection regulation:

  • -  Milton Keynes Council: https://www.milton-keynes.gov.uk/your-council-and- elections/council-information-and-accounts/privacy-statement

  • -  The Open University:

    http://www.open.ac.uk/students/charter/sites/www.open.ac.uk.students.charter/files/files /ecms/web-content/data-protection.pdf and http://www.open.ac.uk/about/main/management/policies-and-statements/website- privacy-ou

  • -  See.Sense: https://shop.seesense.cc/pages/privacy-policy As general principles, We emphasise that:

    • -  Collected data will not be transferred to third parties

    • -  Collected data will only be available to You and members of the Trial partner organisations

      for the purpose of the trial

    • -  Collected data might be used, in an anonymised form, for research purposes

10. International legal compliance

- Collected data will be stored for the duration of the trial on the MK Data Hub. All data, with the exception of anonymised research data, will be destroyed at the end of the trial.

International Legal Compliance

As the internet transcends national boundaries, You agree to comply with Your local laws and policies in force regarding online conduct and acceptable content.

11. User disputes

In the unlikely event of Trial Participants getting into disputes between themselves We expect them to resolve them. If We find that such dispute is being conducted in a manner which is detrimental to the best interests of the community, We reserve the right to intervene and act appropriately.

12. Use of the MK Cycle Trial Service

The Trial Sensor and App may only be used by You for lawful purposes. You are responsible for Your account, the data within it and keeping Your password confidential. If You realise that someone else has been using Your account (without Your permission) please email us immediately at [insert email] .

You are allowed to use the Trial service for personal use only. Commercial use of the service can result in termination without warning. If You wish to discuss commercial use of the service, please contact us at [insert email].

13. Content Ownership

The App or the website may contain links to other third party websites (“Third-Party Sites”). Third- Party Sites are not under Our control and We do not endorse their content or their privacy policies. You will need to make your own independent judgement regarding your interaction with any Third- Party Sites.

You represent and warrant that with regard to any posts You make to any Forums that You own or otherwise control all of the rights to the content You post and that it is accurate and not in breach of Our policies or guidelines. You agree to indemnify Milton Keynes Council and Our partners for any claims brought by a third party against us in connection with any breach of these warranties.

14. Investigation & Complaint Process

If You have a complaint about material posted about Trial service, please send an email to [ insert ]. If You have a complaint about any aspect of the Trial service, please send an email to [ We cannot guarantee Your issue will be dealt with promptly if any other mechanism is used.

Milton Keynes Council reserve the right to investigate suspected violations of these Terms Of Use. This could involve gathering data from trial participants, Milton Keynes Council facilities, other service providers and the complainant. If such an investigation is required and while it is under investigation, Milton Keynes Council is within its rights to suspend the suspect account and either temporarily or permanently remove the material involved from the Trial environment.

email address

insert email address].

We may be bound by current or future legal statutes, such as the Regulation of Investigatory Powers Act 2000 to access, monitor, store, take copies of, or otherwise deal with the members’ data stored on the service. Without limitation, You expressly authorise Milton Keynes Council, the OU and See.Sense to use personal data and other account information in connection with any such investigation, including disclosure to any third party authority that is considered to possess a legitimate interest in any such investigation or its outcome.

15. Termination

We reserve the right to terminate or restrict Your account for any reason, including but not restricted to violation of any of the Terms Of Use stated in this document. By accepting these Terms Of Use, You agree that termination may occur without prior notice.

16. Proprietary Rights

You acknowledge and agree that the Trial service, the Sensor and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. No content can be copied, captured or quoted in any manner without the express written permission of Milton Keynes Council. Please contact us at insert email address if You wish to make such a request.

De-compilation, reverse engineering or re-engineering of any nature, or attempting to do so is strictly forbidden.

17. Resale of the MK Cycle Trial Service

You expressly agree not to sell, resell, copy, duplicate, reproduce or exploit any part of the Trial service, application or documentation. Commercial use of the service can result in termination without warning.

18. Jurisdiction

These Terms Of Use are governed by English law and under the jurisdiction of English courts.

If any of these Terms Of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the Limitation of Liability and the Disclaimer of Warranties clauses at the end of this document, then the invalid or unenforceable provision will be deemed as having been superseded by a valid, enforceable provision which most closely matches the intent of the original provision and the remainder of the Terms Of Use shall continue in effect.

19. Indemnity

You agree to indemnify and hold Milton Keynes Council, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of Your content, Your use of the Trial service, Your connection to the service, Your violation of the Terms Of Use, or Your violation of any rights of another.

20. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE TRIAL SERVICE, SOFTWARE, DOCUMENTATION AND ANY ASSOCIATED MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS WITH NO WARRANTIES WHATSOEVER. MILTON KEYNES COUNCIL AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF (A) MERCHANTABILITY, (B) FIT FOR A PARTICULAR PURPOSE, (C) NON-INFRINGEMENT, (D) RELIABILITY, (E) INTERRUPTION OF SERVICE, (F) TIMELINESS, (G) PERFORMANCE OR (H) ERROR FREE. MILTON KEYNES COUNCIL DISCLAIM ANY WARRANTIES REGARDING (A) THE SERVICE MEETING YOUR REQUIREMENTS, (B) ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE, (C) QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS RECEIVED OR PURCHASED THROUGH THE SERVICE, (D) ANY ERRORS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

21. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MILTON KEYNES COUNCIL, THE OU, OR SEE.SENSE WILL IN NO WAY BE LIABLE FOR ANY DAMAGES WHATSOEVER, (SAVE FOR DAMAGES WHICH CANNOT BE EXCLUDED BY OPERATION OF LAW) INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, LOSS OF USE, GOODWILL OR ANY OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR ARISING OUT OF (A) PROCUREMENT COST OF SUBSTITUTE GOODS AND/OR SERVICES, (B) INABILITY OR USE OF THE SERVICE, (C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) UNAUTHORISED USE, (E) ANY PERFORMANCE OR NON-PERFORMANCE ISSUE RELATING TO THE SERVICE AND (F) ANY OTHER MATTER RELATING TO THE SERVICE.

 

 

 

 

 

 

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