From TIHwiki

1. Introduction

1.1. This document outlines the terms and conditions for the access to and usage of the Traffic Scotland Traffic Data.

1.2. In this document:

1.2.1. the "User" is defined as the person authorised by Transport Scotland who wishes to access and use the Traffic Scotland Traffic Data and who agrees to abide by these terms and conditions. Where a User is acting on behalf of a company or organisation, the User is responsible for ensuring that he has the full authority of that company or organisation in respect of these terms and conditions, and will provide evidence of this authority to Transport Scotland if requested.

1.2.2. the "Administrator" is the administrator of the Traffic Scotland Traffic Data, appointed by Transport Scotland.

1.2.3. the “Traffic Scotland Traffic Data” means a sub-set of the information relating to traffic and travel collected or produced by Traffic Scotland as described in the documents Traffic Scotland Datex2 Subscriber Guides (these are available upon request), and

1.2.4. the “Integrated Data Service” means any data service that the User makes available to third parties (irrespective of the commercial terms on which it is provided) which incorporates all or part of the Traffic Scotland Traffic Data.

1.3. The User has no operational control of the production of the Traffic Scotland Traffic Data.

2. Conditions of Use

2.1. This document must be read and accepted by the User before Transport Scotland will grant access to the Traffic Scotland Traffic Data.

2.2. The User shall be notified of activation of their right to access Traffic Scotland Traffic Data account by email; together with a unique username and password.

2.3. The User acknowledges that Transport Scotland owns all Intellectual Property Rights (“IPR”) relating to the Traffic Scotland Traffic Data (e.g. Event, Roadworks, Weather or any other data that is defined in the Traffic Scotland DATEX II Subscribers Guide), and will ensure that promotion of any Integrated Data Service carries an acknowledgement of Transport Scotland’s ownership of this IPR, links to the web site and use of the Traffic Scotland logo to acknowledge data source.

3. Acceptable Use

3.1. The User shall not divulge their username or password to any other party or organisation. Multiple logins using the same username are not permitted.

3.2. The User agrees that any information obtained or derived from using the Traffic Scotland Traffic Data (that would enable an individual person to be identified) shall remain confidential and that they will at all times comply with the requirements of the Data Protection Act 1998.

3.3. Access to Traffic Scotland Traffic Data is granted partly on the basis of a User’s employer and job role. Should the User leave their current employment, they (or their company / organisation) must notify the Administrator immediately so that the account can be terminated. In the event that the User’s company or organisation would require continued access to Traffic Scotland Traffic Data, the account details may be modified accordingly at the discretion of the Administrator. If a User requires access to Traffic Scotland Data in their new role, they must re-apply for authorisation.

3.4. Other than Operational Use of the Traffic Scotland Traffic Data (see paragraph 4), the User shall not demonstrate or pass the Traffic Scotland Traffic Data to any other person or organisation under any circumstances without the express permission of Transport Scotland.

4. Operational Use

4.1. The User may use the Traffic Scotland Traffic Data either for analysis / research purposes, as a source of information within their own company or organisation, or as part of a Integrated Data Service. In using the Traffic Scotland Traffic Data the User acknowledges that:

4.1.1. provision of Traffic Scotland Traffic Data is made without any guarantees of level of service or that access to Traffic Scotland Traffic Data will be uninterrupted or error free.

4.1.2. provision of Traffic Scotland Traffic Data is made without any warranty as to the content or accuracy of the Traffic Scotland Data.

4.1.3. the User is solely responsible for determining the fitness for purpose of the Traffic Scotland Traffic Data in relation to their specific requirement and for the content of any Integrated Data Service created using the Traffic Scotland Traffic Data.

4.2. The User agrees to provide Transport Scotland with full details of any Integrated Data Service, and where available with a list of business users (including name, company or organisation, email address and telephone number) of that Integrated Data Service.

4.3. Transport Scotland reserves the right to change the content or format of the Traffic Scotland Traffic Data. Should this happen, Transport Scotland will make every effort to provide the User with 3 months notice of such changes.

4.4. The Administrator reserves the right to suspend operation of the Traffic Scotland Traffic Data system to perform maintenance operations.

4.5. The User undertakes not to publish or take part in any negative publicity concerning either the Traffic Scotland or Transport Scotland arising out of their use of the Traffic Scotland Traffic Data. Any such publicity would be dealt with under Paragraph 6.

5. Administration

5.1. The User accepts that its user details will be stored in a secure database for administration purposes and will not be used for any other purposes by Traffic Scotland than for administration of the DATEX feed.

6. Commercial

6.1. Whilst the Traffic Scotland Traffic Data is supplied to the User without charge, Transport Scotland reserves the right to charge for the supply of Traffic Scotland Traffic Data at a future date. Should it do so, Transport Scotland will provide the User with a minimum of 6 months notice of its intention to do so together with the proposed charges, but will endeavour to provide 12 months notice.

6.2. Transport Scotland reserves the right to suspend or terminate the supply of Traffic Scotland Traffic Data to a User for failure to comply with these terms and conditions.

6.3. Transport Scotland reserves the right to permanently cease supply of the Traffic Scotland Traffic Data due to changes in policy or as a result of abuse.

6.4. Where supply is ceased due to changes in policy then, unless required by law to cease supply earlier, Transport Scotland will endeavour to provide a minimum of 12 months notice of such cessation.

6.5. Where supply is ceased due to abuse (which can include inadvertent disruption of Transport Scotland’s systems due to incorrect operation or design of the User’s interface used to access the Traffic Scotland Traffic Data), such cessation may take immediate effect.

7. For Information

7.1. Descriptions of the Traffic Scotland Traffic Data and how to access it can be obtained from any internet-enabled PC from the Directory of Services at www.tih.org.uk. The User is required to register as a member of the TIH Community before access to the Traffic Scotland Traffic Data is granted. Transport Scotland reserves the right to cease access where membership of the TIH Community is not current.

7.2. Membership of the TIH Community is currently free. A registration or annual membership fee may be payable at some future point upon notification by the TIH Executive. At the same time Transport Scotland will suspend the requirement of membership of the TIH Community for access to Traffic Scotland Traffic Data for a period of 6 months, whilst a longer-term policy is established.

7.3. The Administrator can be contacted at the following email address: info@trafficscotland.org.