Bee Network app terms and conditions

1. Introduction, scope and exclusions

1.1These terms and conditions ("Terms") tell you, our customer, how you may use the Bee Network mobile ticketing application ("Bee Network app" or “App”) when using public modes of transport in and around Greater Manchester.

1.2. Please read these Terms carefully before downloading, or subsequently using, the Bee Network app. They include provisions which limit our liability.

1.3 For the avoidance of doubt, these Terms do not cover how you may use smart travel cards issued by TfGM (as defined in clause 2 below) as part of Bee Network smart ticketing. Please refer to the separate terms and conditions for use of TfGM smart cards.

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2. Information about us

The Bee Network app is made available by Transport for Greater Manchester ("TfGM"). TfGM, established pursuant to the Transport Act 1968 and the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969, is the passenger transport executive for the metropolitan county of Greater Manchester. TfGM's headquarters are at 2 Piccadilly Place, Manchester M1 3BG, and references to 'we', 'us' and 'our' in these Terms shall be construed accordingly.

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3. Basis of agreement

3.1. The Bee Network app is offered as a service by us to you. Please note that by downloading, or purchasing products, using the Bee Network app, you agree to be bound by these Terms. You may wish to print a copy of these Terms for future reference. If you do not agree with any part of these Terms, you should not download, or subsequently use, the Bee Network app.

3.2. These Terms apply to both your application to download the Bee Network app and to any purchase of a paperless ticket ("Mobile Ticket"), by using the Bee Network app. We will treat each order for a Mobile Ticket, via the Bee Network app, as an offer by you to purchase Mobile Tickets in accordance with these Terms.

3.3. You understand and agree that TfGM may change these Terms from time to time, without prior notice. Any changes made will not affect existing terms accepted by you when making purchases using the Bee Network app. The revised Terms will become effective upon posting to the Bee Network app. Any use of the App after such date shall constitute your acceptance of such revised Terms.

3.4. References to Mobile Tickets in these Terms is a reference to any ticket available to purchase using the Bee Network app and, for the avoidance of doubt, includes any Mobile Tickets that may be referred to as 'Travelcards' within the Bee Network app or on any other electronic or written materials issued by or on behalf of TfGM.

If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Bee Network app.

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4. Downloading the Bee Network app

4.1. The Bee Network app can be used on smart phones and devices ('smart phones') using either Apple iOS or Google Android operating systems.

4.1a The Bee Network App is currently optimised to work with these operating system versions:

• Apple: iOS 13 or later
• Android: v11.0 or later

4.1b The Bee Network App cannot be downloaded and will not work on a device running an earlier version of the operating systems.

4.1c The requirements for these operating systems (and for any additional systems we decide to extend the availability of the App to) may change, and you will need to download the updates if you want to keep using the App.

4.2. The Bee Network app is free for you to download, but you may incur data charges, imposed by your own network provider, when downloading it. You are responsible for any such costs. TfGM will not accept responsibility for any connectivity issues you may experience at any time, and you must ensure that you have a stable and regular WiFi or cellular data connection when downloading the Bee Network app. If you are not the bill payer for the device on which you are using the App, we assume that you have received permission from the bill payer for using the Bee Network App.

4.3 The Bee Network app will be available to use on your smart phone once you have downloaded it, at which point you will be able to use the Bee Network app to:

• plan a journey (“Journey Planning”);
• use the bus tracking feature (“Bus Tracking”);
• use the stop location feature (“Stop Location”);
• access live departure time information (“Departure Time Information”); and
• purchase Mobile Tickets.

4.4. The Bee Network app may be downloaded without providing any personal information and may be used to access Journey Planning, Bus Tracking, Stop Location and Departure Time Information within the App. However, if you wish to use the App to purchase Mobile Tickets, you will be required to register and set up a Bee Network user account and provide personal information including your Name, Email Address, Phone Number and Date of Birth. Our privacy policy describes how this information is used by us.

4.5 You must be over 13 years of age to open a Bee Network App user account. The Bee Network App will prohibit anyone under the age of 13 years to register or set up a Bee Network user account.

4.6 Making the Bee Network App reliable and enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance. We therefore reserve the right to make changes to the App at any time and for any reason.

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5. Information Accuracy

5.1 Information may not always be accurate. We use data from third parties, such as non-franchised Bus Operators, Rail operators, and Google to provide data on which certain functions in the App are based, including the stop location, departure times, and search functions. We try and make sure that the data is correct and up-to-date, but we cannot guarantee that it always will be.

5.2 Accordingly, we and our data providers do not accept any liability for any error or omission in the information available or the recommendations made through the Bee Network App and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of income, profit, opportunity or time) as a result of relying on any information available through the Bee Network App.

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6. Common sense and discretion

6.1 We cannot take responsibility for the way you use the Bee Network App. When travelling using the App, you need to exercise common sense and discretion about your safety, particularly at night.

6.2 In addition, if you want to use the mobile ticketing feature of the App, our staff, may handle your device when checking your Mobile Ticket. While our staff will take all reasonable care to ensure that nothing happens to your device, we do not accept liability for damage to it, unless this is caused by any negligence or wilful misconduct by our staff.

6.3 You need to ensure that your device remains charged – if the device runs out of battery and cannot be switched on to present your Mobile Ticket, we cannot accept responsibility if as a result you are unable to travel.

6.4 If you are unable to present your Mobile Ticket (for any reason) when required, we reserve the right to charge the applicable Standard Fare (Penalty Fare) for that journey in accordance with the applicable Conditions of Carriage.

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7. Mobile Tickets available for purchase

7.1. The Mobile Tickets that can be purchased using the Bee Network app are specified on the website Beenetwork.com

7.2. In addition to the Mobile Tickets referred to in clause 5.1, TfGM may from time to time specify (via Beenetwork.com or such other platforms as TfGM may determine, in its absolute discretion) other Mobile Tickets that can be purchased using the Bee Network app.

7.3. The prices of Mobile Tickets are available on the Bee Network app, and may be changed at any time by TfGM, in its absolute discretion.

7.4. For the avoidance of doubt, Mobile Tickets can be used on the public tram system operating in Greater Manchester ("Metrolink") (which is ultimately operated by TfGM), for the purchase of Bee AnyBus products as well as Bee AnyBus + Tram combined products for use on Metrolink and all bus services (including those operating under local service contracts by TfGM franchised bus operators (“Franchised Operators”) and services operated by non-franchised bus operators (“Non-franchised Operators”) operating within Greater Manchester (“Bus Services”) and Bee Bus tickets for use only on bus services operated by Franchised Operators.

7.5 For the avoidance of doubt to the extent that any reference in these Terms is made to “Bus Operators” such reference shall mean both the Franchised Operators and Non-franchised Operators.

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8. Purchasing Mobile Tickets

8.1. Mobile Tickets must be purchased and be active on the Bee Network app in advance of travel. Purchasing Mobile Tickets requires either a WiFi or cellular data connection in order to complete payment and download of the Mobile Ticket(s) to your smart phone. A stable and regular data connection is required in order that the Bee Network app content, and ticket security, is kept up to date.

8.2. When purchasing a Mobile Ticket, it is your responsibility to ensure that your Mobile Ticket details are correct at the time of purchase.

8.3. We accept VISA and Mastercard debit and credit cards, and Apple Pay and Google Payas methods of payment for Mobile Tickets, via the Bee Network app.

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9. Using Mobile Tickets

9.1. Please note that use of a Mobile Ticket is subject to:

9.1.1. the Metrolink conditions of carriage, as updated or amended from time to time ("Conditions of Carriage"). The Metrolink Conditions of Carriage are available here (please review the Metrolink Conditions of Carriage before using services offered by TfGM, in its capacity as the ultimate Operator of Metrolink);

9.1.2. the Greater Manchester Metrolink System Bye-Laws;

9.1.3 the Bee Network Conditions of Carriage, as updated or amended from time to time (“Conditions of Carriage”). The Bee Network Conditions of Carriage are available here (please review the Bee Network Conditions of Carriage before using services offered by TfGM, in its capacity as the transport delivery body of the GMCA, responsible for the delivery of franchised services on behalf of the GMCA)

9.1.4 the Conditions of Carriage of other bus operators on which the Mobile Ticket may be valid.

9.1.5. the general conditions of use as set out in these Terms.

9.2.1 Mobile Tickets are non-transferable, and passengers may be asked for personal identification to prove their entitlement to travel. Additional identification may be required as proof of eligibility of student, young person or child tickets, as advised.

9.2.1.1 Children

Children aged 5-11 years of age are entitled to child fares

Children aged 11-15 years of age require proof of age or an igo card (which can be used as proof of age and lets you pay child fares until 31 August after your 16th birthday) to be entitled to travel on tram with a child ticket.

Children aged 11-16 years of age require an igo card to be entitled to travel on bus with a child ticket.

9.2.1.2 Young People

Young people aged 16-21 years of age are entitled to Young Person tickets and are required to be able to present proof of age. Suitable forms of ID include Passport, Driving License, PASS Scheme Card (Proof of Age Standards Scheme).

9.2.1.3 Students

Students aged up to 26 years of age are entitled to Student Bee AnyBus tickets. Proof of eligibility constitutes presentation of proof of age and Student ID.

Students of any age are entitled to Student Bee Bus Term tickets with proof of eligibility of a Student ID card from a further or higher education institution located within Greater Manchester.

9.2.2 If when requested you are unable to provide the evidence of eligibility referred to in 9.2.1.1 – 9.2.1.3, we reserve the right, in our sole discretion to terminate with immediate effect, and without refund, any Bee Network App user account.

9.3. Purchased Mobile Tickets are non-refundable and cannot be altered for the avoidance of doubt this includes Mobile Tickets that have yet to be activated.

9.4. You must ensure that you can present your Mobile Ticket on the screen of your smart phone, as required by any representative of TfGM, Metrolink or Bus Operators at any time (including when embarking and disembarking a vehicle). Failure to display a valid Mobile Ticket will result in you being subject to the Standard Fare (Penalty Fare) procedures as set out in the relevant Conditions of Carriage.

9.5. Subject to clause 9.7 below Mobile Tickets are locked to the smart phone to which they are downloaded and cannot be copied, sent or moved to another device. TfGM reserves the right to terminate without refund any Bee Network app user account which we suspect is being misused.

9.6. The safekeeping of your Mobile Tickets is your responsibility. Mobile Tickets that have been purchased or activated accidentally, or which have been downloaded to smart phones that have subsequently been lost or stolen, are non-refundable. If you are not able to present your Mobile Ticket due your smart phone having been lost, stolen or damaged, we are unable to provide a duplicate or replacement Mobile Ticket, and you will need to purchase a new Mobile Ticket or other valid ticket before travelling.

9.7. If you have purchased a Mobile Ticket that has a validity period of 28 days or longer (“28-days plus”), such Mobile Ticket can be transferred by us to another smart phone (including in circumstances where your smart phone has been lost, stolen or damaged), provided that your 28-days plus Mobile Ticket has a remaining period of validity of 7 days or more at the time that you request such transfer. In those circumstances, if you wish to transfer your 28-days plus Mobile Ticket to another smart phone, you must contact Bee Network customer services by calling 0161 244 1000 (Monday to Friday 7.00am–8.00pm, Saturday and Sunday 8.00am–8.00pm). When doing so, please ensure that you are able to provide details of your smart phone and your Bee Network app user account.

9.8. Subject to clause 9.8(a), The Bee Network app can only be used by one customer, per smart phone at any one time. Individual customers must be able to present their ticket on their own smart phone. Please note that it is allowable for a single account holder to login into the Bee Network app on multiple smart phones. In turn it is allowable for a customer to decide which device a Mobile Ticket is activated on, however this does not apply to those tickets which automatically activate upon purchase.

9.8(a) If you have purchased a Mobile Ticket that allows group travel or travel with an adult then the account holder whose smart phone the Mobile Ticket is activated on must present the ticket on their smart phone.

9.9. Possession of a Mobile Ticket does not entitle you to travel in priority to any other passenger holding a valid authority to travel.

9.10. In case of any difficulty, passengers must make sure that they have an alternative valid ticket for their journey. Full details of any problems should be reported to TfGM by emailing hello@beenetwork.com or by calling Bee Network Customer Services on 0161 244 1000.

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10. Data Protection and security

10.1. TfGM is a data controller for the purposes of the UK GDPR and Data Protection Act 2018 ("DPA").

10.2. By using the Bee Network app, you consent to our processing of the 'personal data', and 'sensitive personal data', if any (as such terms are defined in the DPA), that we collect from you in accordance with our Privacy Policy. In particular, and in addition to the purposes set out in our Privacy Policy, we may use information we hold about you for the purposes of:

10.2.1. ongoing administration of ticketing in Greater Manchester;

10.2.2. providing customer services in relation to the Bee Network app;

10.2.3. informing you of changes to our terms and conditions;

10.2.4. allowing us to improve the services we offer to you;

10.2.5. conducting research and analysis, including travel patterns;

10.2.6. providing anonymised data to the Department for Transport, if requested by them;

10.2.7. conducting surveys;

10.2.8. detecting and preventing crime, including fare evasion and fraudulent use of the Bee Network app; and

10.2.9. enabling us to comply with our legal and regulatory obligations.

10.3. When downloading the Bee Network app, you may be asked to confirm that we may share your personal data with our associates in operating ticketing in Greater Manchester, and associated transportation providers for marketing purposes.

10.4. Please address any questions, comments and requests regarding our data processing practices to

• By email: data.protection@tfgm.com
• By post: Data Protection Officer, Transport for Greater Manchester, 2 Piccadilly Place, Manchester, M1 3BG

10.5. Payment card details are collected and stored by the TfGM acquirer (Barclays Payment Solutions) securely and are never held by TfGM.

Your payment card number is never stored on your mobile device or within TfGM back-office systems.

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11. Materials, ownership and restrictions on use

11.1. The Bee Network app is owned and operated by TfGM and any data, text, graphics, images, audio and video clips, logos, icons, software and links and any intellectual property and other rights relating thereto (“TfGM Content”), are and will remain the property of TfGM.

11.2. Notwithstanding the foregoing, you may not copy, reproduce, republish, upload, post, transmit or distribute the Bee Network app or any of the TfGM Content in any way for public or commercial purpose without TfGM's prior written permission.

11.3 If you breach any part of these Terms, your right to access and/or use the TfGM Content and the Bee Network app shall automatically terminate and you shall immediately destroy any copies you have made of the TfGM Content.

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12. Limitations on our Liability

12.1. TfGM accepts no liability for any indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Bee Network app, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

12.2. TfGM is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Bee Network app.

12.3. Nothing in these Terms shall exclude or limit TfGM's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

12.4. Nothing in these Terms affects your statutory rights.

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13. Disclaimer

13.1 The Bee Network app is provided on an “as is” and “as available” basis without any warranties of any kind. We do not guarantee that the App will work all the time. To the extent permitted by law, TfGM exclude all conditions, warranties, representations or other terms which may apply to the App or the TfGM content, whether express or implied.

13.2 TfGM shall not be liable for the truth, accuracy or completeness of the content or any other information conveyed to you or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the App and the content at your own risk.

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14. Transfer of rights and obligations

14.1. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Terms, without our prior written consent.

14.2. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time.

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15. Events outside our control

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a "Force Majeure Event").

15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.2.1. strikes, lock-outs or other industrial action;

15.2.2. civil commotion, riot, invasion, vandalism or threat of vandalism, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

15.2.3. exceptionally severe weather conditions, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

15.2.4. impossibility of the use of public or private telecommunications networks; or

15.2.5. the acts, decrees, legislation, regulations or restrictions of any government.

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16. Waiver

16.1. If we fail, at any time during the time that these Terms are in force, to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

16.2. A waiver by us of any default will not constitute a waiver of any subsequent default.

16.3. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 8.2.3 above.

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17. Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

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18. Entire agreement

We intend to rely upon these Terms and any document expressly referred to in them in relation to their subject matter. Nothing in these Terms affects your statutory rights.

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19. Our right to vary these Terms

19.1. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

19.2. Revisions or amendments to these Terms will be notified to you by way of marketing materials or by email to the account email address of the account holder and/or by way of such other methods as we shall determine.

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20. Law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), will be governed by English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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