JOURNEY PLANNER & MTICKET TERMS AND CONDITIONS
Last updated: 6 August 2018
WHO ARE WE?
FirstBus is a trading name of FirstBus (North) Limited (company number 03261484) and FirstBus (South) Limited (company number 03261587) (together, we, us, our) both registered in England and Wales whose registered offices are at 8th Floor The Point, 37 North Wharf Road, London, United Kingdom W2 1AF.
- These terms and conditions apply to your registration to, and/or use of, the FirstBus Journey Planner and mTickets app (the App). They are between us and you. By downloading, accessing or otherwise using the App, you are confirming that you have read, understood and agreed to these terms and conditions.
- You acknowledge that the App is provided ‘as is’. This means that we make no representation, guarantee or agreement of any kind about its functionality or the accuracy of information and content available on the App.
- We may use third parties to provide the App on our behalf.
- You must not install the App on your mobile device(s) if you do not agree to these terms and conditions.
1 About Mobile Ticketing (mTicket)
For information about how to use mTickets, please see our mTickets FAQ's: Boarding of vehicles using mTickets also confirms acceptance of our Conditions of Carriage: Under ‘Conditions of Travel’ please select the area you are travelling within for the relevant Conditions of Travel.
2 Your use of mTickets
2.1 mTickets must be purchased through the App in advance of travel. Purchasing mTickets requires either a WiFi or cellular data connection to complete payment and download of the ticket(s) to your mobile device(s).
2.2 You may be asked for personal identification in respect of the name on the mTicket being used and you may be refused travel if this cannot be shown. Additional identification may also be required as proof of eligibility of student, young person or child tickets, as advised at the time of purchase.
2.3 Once purchased, mTickets are non-refundable and cannot be altered.
2.4 You can buy tickets securely through the App with your debit card, credit card, Apple Pay, Google Pay or Pingit.
2.5 mTickets must be activated prior to boarding and the ticket will be displayed on your Smartphone’s screen. You must scan the QR code of your ticket using the driver’s ticket reader.
2.6 Your device must have sufficient battery charge to be able to display the ticket to the driver upon boarding and, if requested, to a FirstBus official throughout your journey, otherwise the cash fare for the journey will be payable.
2.7 In case of any difficulty, the cash fare for the journey should be paid. Full details of any problems should be reported to Customer Services by emailing email@example.com or by calling customer services on 03300 947 577. Customer services are available 7am – 10pm, seven days a week.
2.8 Generally mTickets will stay in your virtual wallet for 1 year, unless stated in ticket details on the App.
2.9 mTickets are non-transferrable and are locked to the registered smartphone to which they are downloaded and cannot be copied, sent or moved to another device.
2.10 mTickets which have been activated accidentally or which have been downloaded to smartphones which have subsequently been lost or stolen are non-refundable.
2.11 Multiple passengers cannot board with simultaneously activated tickets on one device.
2.12 mTickets is only available to UK phone numbers and you will need to register your mobile phone for this service by downloading the App.
2.13 mTickets are supported on smartphones using either Apple iOS or Google Android operating systems. Whilst you do not need an internet connection at the point you activate an already purchased ticket, a regular internet connection is required by the App to keep content up-to-date and secure. We do not recommend that the App is used on Wi-Fi only tablets or devices.
3 mTicket types and validity
3.1 The ticket types are subject to change. We may vary the type, price and validity of tickets available at any time. Any changes will be notified through the App and on our website.
3.2 The safekeeping of purchased mTickets is your responsibility. If your ticket or mobile device is lost, stolen or damaged, we will be unable to provide a duplicate or replacement ticket and new tickets will need to be purchased.
3.3 Student tickets: If you purchase student tickets, you must prove your eligibility through an online validation process. Anyone purchasing a student ticket will have 30 days to provide an official university or college email address to validate their student status. If you have purchased student ticket(s) and you fail to do this within 30 days, you will be notified in writing that your ticket will be withdrawn and a charge made for usage within the 30 day validation process. The charge levied will be the equivalent to the geographically relevant FirstMonth price. An additional admin charge of £10 will also be deducted to cover the cancellation and administration process. A refund of any remaining funds will be made to the customer within 14 days after the 30 day validation process.
ABOUT JOURNEY PLANNER
4 We use our reasonable efforts to ensure that the content and/or facilities available via our Journey Planner are accurate, complete or current. However, we do not guarantee or represent that this will always be the case. Journey Planner is designed to provide indicative journey times only – it may not always be updated with real-time information and it is your responsibility to allow for sufficient time to make your planned journey.
5 To the extent permitted by law we expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from us or inability to use the Journey Planner, whether directly or indirectly resulting from inaccuracies, defects, viruses, errors – whether typographical or otherwise, omissions, out of date information or otherwise.
WHEN USING OUR APP
6 Data Charges
6.1 Our App is free for you to download. It is important to remember that if you are using the App outside of an area with Wi-Fi, your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile network provider for the cost of data for the duration of connection whilst using the App. We are not responsible for any connectivity issues you may experience.
7 Your responsibilities when using the App
7.1 You must keep your contact details up to date so we can contact you when we need to.
7.2 You must keep your online account details secure and take all reasonable precautions to prevent unauthorised or fraudulent use of them.
7.3 When using our App, you agree to accept responsibility for all activities whilst using the App.
8 Suspending your use of the App
8.1 In certain circumstances, we may suspend your use of the App if we feel we have reasonable grounds to do so. Reasonable grounds may include where we have concerns which relate to security of your account or the suspected unauthorised or fraudulent use of the App.
8.2 We may also suspend your use of the App if we are required to do so by applicable law.
8.3 If we do suspend your use of the App you might not be able to use it in the future. Please contact our Customer Services team on 03300 947 577.
9.1 In addition to the limitations of liability set out in the relevant Conditions of Travel which apply to your journey, we will not, under any circumstances, be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the 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.
9.2 We are 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 App. Nothing in these terms and conditions shall exclude or limit FirstGroup’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.
10 Ending your agreement with us
10.1 You can end this agreement at any time by deleting the App from your mobile device. If you end your agreement with us and decide not to use any purchased mTickets, you acknowledge and agree that you are not entitled to any refund for unused mTickets.
10.2 We may end your agreement with us for reasons including but not limited to if you are (or we suspect that you are):
- in breach of any of these terms and conditions;
- acting fraudulently when using your account;
- abusive to any of our staff or agents when using the App – we will not tolerate any abusive behaviour of whatever kind towards any customer, driver or company official on any of our services.
We may also end your agreement with us if:
- there has been suspicious activity on your account;
- the App has been withdrawn by Apple Inc. or Google Inc. or we are stopping support for the App on your mobile device or the operating system it runs on.
10.3 If your agreement with us ends, you must uninstall the App from your mobile device(s) and all rights granted by us to you in respect of the App will immediately end.
11 Data Privacy and Security
11.1 Your contact details (email and phone number) are stored on the device (as well as our server) so that you can identify your account and update the details if required.
11.2 mTickets and journey planning data is stored locally on your mobile device. This allows your purchased mTickets to be activated via the App when no internet connection is available, and quick access to previous journey and stop information. Logging out of the app will remove ticket data, and journey planning data can be cleared using the ‘Clear Searches’ option under profile.
11.3 Your payment card number is never stored on your mobile device. We store a reference to your payment card on the app and our payment processors store your payment card details securely and encrypted on their servers in compliance with the Payment Card Industry Data Security Standard, so you do not have to re-enter your card details every time you purchase new mTickets.
12 Materials, Ownership and Restrictions on Use
12.1 The App is owned and operated by us and any data, text, graphics, images, audio and video clips, logos, icons, software and links and any intellectual property and other rights relating thereto, are and will remain our property.
12.2 Notwithstanding the foregoing, you may not copy, reproduce, republish, upload, post, transmit or distribute the App or any of its content without our express prior written permission.
12.3 Unless expressly permitted by is, you must not use the data from the App to populate or update any other software or database nor use any automated system, software or process to extract content and/or data, including trawling, data mining and screen scraping.
13 Changes to the App
13.1 At some point in the future, we may want to update the App. The App is currently available on Android and iOS – the requirements for both systems may change and if they do, you’ll need to download the updates if you want to keep using the App.
14 Changes to these terms and conditions
14.1 We may revise these terms and conditions at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
15.1 Each provision of these terms and conditions (as amended from time to time) shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these terms and conditions howsoever occasioned.
15.2 No waiver by us shall be construed as a waiver of any breach of any provision of these terms and conditions.
15.3 These terms and conditions shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.