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Terms and Conditions of Access to and Use of Full Service Model Deliverables
Latest update: 6th March 2017
1. Objective of Full Service Model Initiative
Members of the Community of European Railway and Infrastructure Companies (“CER”), the European Technology and Travel Services Association (“ETTSA”), as well as the European Travel Agents’ and Tour Operators’ Associations (“ECTAA”) and the Guild of European Business Travel Agents’ (“GEBTA”) have agreed, in principle, to undertake a voluntary industry initiative known as the “Full Service Model” (FSM, “the Initiative”). The TAP TSI Service Governance Association (“TSGA”) hosts the deliverables on its website (http://tsga.eu/fsm) and administrates the FSM section on behalf of the Initiative, whereby it also respects the Initiative’s Terms and Conditions. The aim of the Initiative is to improve the distribution of rail tickets by - defining the requirements and - writing the specifications for an open IT framework and innovative processes, based on which technical enablers can be developed. It aims at railways, distributors and retailers and fits into the wider context of travel services. The primary objective of the Initiative is to enable improvements to rail distribution in response to market requirements and in anticipation of seizing business opportunities more efficiently and more effectively. The Initiative’s Deliverables are intended for to be used in commerce only insofar as they shall improve the distribution of rail tickets; whereas FSM Deliverables must not be commercialized as such, in particular not by selling the requirements documentation or specifications.
2. Subject matter
These Terms and Conditions apply to the Initiative’s deliverables (“FSM Deliverables”) as provided on the download section. In detail, the Terms and Conditions apply to - High Level Business and Functional requirements - Specifications in WSDL/ XSD format including activity diagrams - User Guide - Reference data documentation - Examples in WSDL/ XSD format To get access to the FSM Deliverables, the user has to get registered. By getting registered, the user accepts these Terms and Conditions as binding. The user is obliged to provide correct data at the time of registration. The Initiative may at any time revise these Terms and Conditions without prior consultation or notice. The up-to-date version of the Terms and Conditions will be published on the FSM web-site. It is up to the registered users to regularly check the Terms and Conditions, which will be available on this website, accessible under http://tsga.eu/fsm, in case there are any changes.
3. Scope of use
The FSM Deliverables are accessible free of charge to anyone interested so as to foster innovative solutions and establish a competitive marketplace for IT solutions in rail distribution. This comprises, for instance, the following: - Information, analysis; - Full or partial implementation; - Adaptation to own needs regarding distribution and ticketing solutions.
4. Restrictions of use
FSM Deliverables must not be commercialized as such, in particular not by selling the requirements documentation or specifications. In case of breach, the registered user loses the right of use. The Initiative and its members reserve the right to bring legal claims against such registered user.
5. Requirements of use
FMS aims at proving a high and up-to-date quality of the specifications and its accompanying documents. The registered users shall inform the Initiative on: - Mistakes and short-comings of the FSM Deliverables; - Changes made by registered users and their organizations to the FSM Deliverables; - Suggestions for improvement to and add-ons for the FSM Deliverables.
The registered user accepts to disclose the personal data which the Initiative requires for accessing to the FSM deliverables (e.g. name, company, email address) and consents to the use of this data for the business purposes as described below. Personal data will be processed, stored and disclosed in accordance with applicable local law and regulations regarding data privacy. The Initiative and TSGA may use the data of the registered user for the following purposes: - to control the access to the FSM Deliverables - to notify about updates and latest development on FSM Deliverables - to participate as part of a survey or to get feedback. The processing of the data is carried out by TSGA on behalf of the Initiative, which guarantees to take measures to protect that personal data as laid out in Terms and Conditions on hand. Upon written request and to the extent required under applicable law, the Initiative and TSGA will inform about which of the concerned registered user’s personal data is processed by TSGA. If any such data should be found to be incorrect, the Initiative and TSGA will correct that information at request. Any requests, questions or concerns regarding the Data Privacy should be directed to email@example.com
7. Intellectual property rights related to FSM
All FSM Deliverables made available according to these Terms and Conditions belong to the members of the Initiative. In using FSM Deliverables, the registered user does not obtain any intellectual property rights thereto. All intellectual property rights remain with Initiative and its members or its legal successors.
8. Termination of the right of use
In the event of a breach of these Terms and Conditions by a registered user, the Initiative shall give written notice to said registered user and an opportunity to cure. If the breach is not cured within thirty (30) days after written notice, or if the breach is of a nature that cannot be cured, then the Initiative, or respectively the authorized representative(s) of the Initiative may immediately or thereafter terminate the right of use. Upon termination of the right of use, the registered user shall (i) destroy, at the Initiative’s discretion, the FSM Deliverables, as well as those portions of any notes, documents and files containing all or part of the FSM Deliverables; (ii) cease all use of any products or services implementing in whole or in part the FSM Deliverables.
9. Warranties and limitation of liability
The access to and use of the FSM Deliverables is provided ‘as is’. The Initiative and its members exclude all warranties, obligations and liabilities in relation to the FSM Deliverables to the maximum extent permitted by law. Neither the Initiative, nor its members, are liable for any errors or omissions in the FSM Deliverables, or any loss, injury or damage of any kind caused by the use of or any inability to use the FSM Deliverables. The Initiative does not guarantee the continued supply of the FSM Deliverables.
10. Contact details
Registered users shall address any correspondence related to these Terms and Conditions, the use of the FSM Deliverables and related matters to firstname.lastname@example.org.
11. Law applicable, competent courts
The law applicable to these Terms and Conditions is Belgian law. The competent Belgian courts have sole jurisdiction in the case of any dispute arising out of these Terms and Conditions.
Terms & Conditions