Terms of use for the TMS Drive app

This agreement is between you and Transport Made Simple Limited, company number 15754458, registered office Roswold House, Oak Drive, Diss, England, IP22 4GX. In the rest of this page, "we" and "us" mean that company, and "the app" means the TMS Drive app and the TMS Drive service behind it.

The app is for colleagues of the Transport Made Simple group. It is not a public app. You may use it only while you work for the group and only with the account issued to you. If you have arrived here and you do not work for us, there is nothing for you in the app.

By using the app you accept these terms. If you do not accept them, do not use the app and tell your depot, and your duties and hours will be handled the way they were before the app existed.

You and we both acknowledge that this agreement is concluded between you and us only, and not with Apple, and that we, not Apple, are solely responsible for the app and its content.

This agreement does not set usage rules for the app that conflict with the Apple Media Services Terms and Conditions in force at the date of this agreement, which we have had the opportunity to review.

We grant you a non-transferable licence to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing.

You may not:

• transfer, redistribute or sublicense the app, or share your account with anybody
• copy, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the app, except where the law says you may despite this paragraph
• make the app available over a network so that it can be used by several devices at once, beyond what the Usage Rules permit
• use the app for anything other than your work with us, or attempt to reach records that are not yours

If you sell or pass on your phone, remove the app and sign out of it first. The app is licensed to you, not sold.

We may end this licence, and your access, when you stop working for the group or if you break these terms. Ending it does not affect anything already recorded, which we still have to keep for pay and legal reasons.

These are the rules that matter to us, and they are short.

• Never use the app while driving. Not at the wheel, not at a stop with the engine running, not while manoeuvring. Clock on before you take the vehicle and clock off after you have parked it and shut down.
• Clock on and off honestly. Clock in when you actually start and out when you actually finish, from where you actually are. The app records your location at those two moments and the hours feed your pay, so a false clock in is a pay matter and will be treated as one.
• Do not falsify your location. Using a mock location tool or any other means of reporting a position you are not at is a serious breach of this agreement.
• Keep your account to yourself. Choose a password you do not use anywhere else, do not tell anybody it, and tell your depot straight away if you think somebody else has been in your account or you have lost the phone.
• What you see is work information. Rotas, duties and vehicle allocations concern other colleagues. Do not photograph, forward or post them.

The app is a tool, not the last word. If it shows you something that looks wrong, or will not let you clock in, speak to your depot. Nobody should stand in a yard arguing with a phone.

The app records your working time, and it records your location at the moment you clock in and at the moment you clock out, including when a clock in is refused. It does not track you at any other time.

That is set out in full, including why we do it and what your rights are, in the privacy notice. Please read it. It is part of the picture even though it is not part of this agreement.

We may collect technical information about your device and the app, such as the app version and error reports, in order to keep it working and to fix faults.

We are solely responsible for providing any maintenance and support for the app. You and we both acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services for the app.

How to get help, and who to ask first, is on the support page. In short: your depot or your manager first, because they can fix a wrong shift or a missed clock in far faster than anybody else can.

We are solely responsible for any product warranties for the app, whether given expressly or implied by law, to the extent they are not effectively disclaimed.

If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. (The app is provided to you free of charge, so that refund would be nothing.) To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses arising from a failure to conform to any warranty are our sole responsibility.

We will try to keep the app available and accurate, but we do not promise it will be available at all times or free of faults. It depends on your phone, your signal and services we do not run. If it is not working, your duty still stands: contact your depot.

You and we both acknowledge that we, not Apple, are responsible for addressing any claims made by you or by anybody else relating to the app or your possession or use of it, including but not limited to:

• product liability claims
• any claim that the app fails to meet any applicable legal or regulatory requirement
• claims arising under consumer protection, privacy or similar legislation, including in connection with the use of the HealthKit and HomeKit frameworks

For the avoidance of doubt, the app does not use the HealthKit or HomeKit frameworks.

Nothing in this agreement limits our liability to you beyond what the law permits. In particular, nothing here excludes or limits our liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded. Your statutory rights are unaffected.

The app, its name, the Drive mark and everything in it belong to us or to our licensors. Nothing in this agreement transfers any of that to you.

You and we both acknowledge that, if anybody claims that the app, or your possession and use of it, infringes their intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

You represent and warrant that:

• you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and
• you are not listed on any United States Government list of prohibited or restricted parties.

You must comply with any applicable third party terms of agreement when using the app. In practice that mostly means your mobile network: the app uses mobile data, and using it must not put you in breach of your wireless data service agreement. Any data charges are between you and your network.

You and we both acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that on your acceptance of these terms Apple will have the right, and will be deemed to have accepted the right, to enforce this agreement against you as a third party beneficiary of it.

We may change these terms as the app changes. The date at the top of this page tells you when they last changed, and anything significant will be told to you rather than left for you to find.

This agreement is governed by the law of England and Wales, and the courts of England and Wales have jurisdiction over any dispute arising from it. Nothing in this paragraph takes away any protection you have under the law of the country you live in.

If any part of this agreement turns out to be unenforceable, the rest of it still stands.

Any question, complaint or claim about the app should be directed to us at the details below. Do not send them to Apple.

• Transport Made Simple Limited
• Company number 15754458, registered in England and Wales
• Roswold House, Oak Drive, Diss, England, IP22 4GX
• Email: tom.singleton@transportmadesimple.co.uk
• Telephone: 0115 786 0455

See the support page for the quickest route to an answer, the privacy notice for what we do with your information, and the about page for what the app is and who it is for.