TFI Go App – Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS (TOGETHER WITH THE DOCUMENTS THAT THEY REFER TO) SET OUT THE BASIS UPON WHICH YOU ARE ENTITLED TO DOWNLOAD AND USE THE TRANSPORT FOR IRELAND GO APP MOBILE APPLICATION (THE “TFI GO APP”).

WHEN REGISTERING FOR A TFI GO ACCOUNT WITHIN THE APP, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO COMPLY WITH THEM.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU CANNOT CREATE A TFI GO ACCOUNT AND YOU CANNOT BUY TICKETS.

Further information is available in the TFI Go App under ‘Help and Contact’ in the Profile tab.

A copy of the latest version of these Terms and Conditions is available in the TFI Go App

Updated: June 2020 (Version 01)

1.    Interpretation

1.1   In these Terms and Conditions

 

App Store’ means the Google Play Store or the Apple App Store;

 

App Store Rules’ means any rules of policies applied by the App Store;

 

Authority’ means the National Transport Authority;

 

Conditions of Carriage’ means the byelaws, regulations and terms and conditions of each Transport Operator;

 

mTicket’ means a mobile ticket which is purchased on the TFI Go App and which indicates certain travel related rights on a public transport service provided by a Transport Operator;

 

TFI Go Account’ means an account registered on the TFI Go App;

 

TFI Go App’ means the Transport for Ireland Go App mobile application;

 

TFI Go Account Holder’ is any person who has successfully registered a TFI Go Account on the TFI Go App; and

 

Transport Operator’ means a public transport operator approved by the Authority which accepts valid mTickets as a method of payment for its public transport services.

2.    Other Applicable Terms

2.1.        These Terms and Conditions refer to the following additional terms, which also apply to your use of the TFI Go App:

a)           the TFI Go App Privacy Notice (www.transportforireland.ie/tfi-go-privacy-notice), which explains what personal data relating to you is processed by us in connection with your use of the TFI Go App and your rights in relation to your data;

b)           the App Store Rules; and

c)            the Conditions of Carriage.

3.    Information about Us

3.1.        The TFI Go App is provided and operated by the National Transport Authority (referred to as the “Authority”, “we”, “us” or “our”), which expression also includes, where the context requires, our third party suppliers and any other party involved with the provision or operation of the TFI Go App.

3.2.        The Authority is a statutory body, established on December 1 2009 under the Dublin Transport Authority Act 2008.

4.    Use of the TFI Go App

4.1.        The TFI Go App is made available for use subject to these Terms and Conditions which shall be binding on all TFI Go App users.

4.2.        Using the TFI Go App for the purposes of registering for a TFI Go Account and availing of the functionality made available to TFI Go Account Holders, including purchasing and using mTickets is permitted.  Any other use of the content and software on the TFI Go App, including the reproduction, modification, distribution, transmission, republication or display of the content on the TFI Go App without our express permission is strictly prohibited.

4.3.        The TFI Go App or any portion of the TFI Go App may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us.

4.4.        You must not misuse the TFI Go App by knowingly or recklessly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful.  You must not attempt to gain unauthorised access to the TFI Go App or any server, computer or database connected to the TFI Go App or to disassemble, decompile, reverse engineer or create derivative works based on the TFI Go App.

4.5.        The Authority reserves the right to suspend or terminate your use of the TFI Go App at any time, which right it may exercise with or without notice. If given, notice will be sent to your e-mail address as notified to the Authority and will be deemed served two (2) hours after transmission by us.

4.6.        You shall provide the Authority with any reasonably required necessary information in relation to issue, use, cancellation and technical problems relating to your TFI Go App and any other information reasonably required in relation to the functioning of your TFI Go App.

4.7.        The TFI Go App requires an online data connection in order to perform its functions. If the TFI Go App does not have an online data connection for a sustained period of time, any mTickets which you have purchased may become unusable.

5.    Intellectual Property

5.1.        All content included on the TFI Go App, such as text, graphics, logos, button icons, images, audio clips and software is our property or the property of our licensors and is protected by applicable copyright and/or other intellectual property laws.  You acknowledge that you have no rights in, or to, the TFI Go App, other than the right to use the TFI Go App in accordance with these Terms and Conditions.

6.    Privacy and Personal Information

6.1.        We may collect and process personal data relating to you in connection with your use of the TFI Go App.

6.2.        More detailed information on the personal data that we collect from you, or that you provide to us in connection with the TFI Go App, the purposes for which we use it and your rights in relation to your data is set out in the TFI Go App Privacy Notice, which can be found here: www.transportforireland.ie/tfi-go-privacy-notice.

7.    Download and Install

7.1.        The TFI Go App is free and available to download and install from the App Store.

7.2.        The TFI Go App is intended for use only on mobile smart phones which support recent versions of either Apple iOS or Google Android operating systems. Results on other devices may vary.

7.3.        Mobile network charges may apply depending on your agreement with your mobile network provider.  Any issues regarding connectivity should be addressed with your mobile network provider.

7.4.        If you do not own the device that will be used to download and operate the TFI Go App, you must obtain permission from the owner of the device prior to downloading the TFI Go App onto that device. You accept responsibility in accordance with these Terms and Conditions for the use of the TFI Go App on or in relation to any device that you control, whether or not it is owned by you.

7.5.        It is your responsibility to keep your device secure and its operating system up-to-date.

8.    Registration for a TFI Go Account

8.1.        In order to purchase an mTicket on the TFI Go App, you are required to register for a TFI Go account in the TFI Go App.

8.2.        The Authority reserves the right to reject a request to register a TFI Go Account at its discretion.

8.3.        If you register a payment card during the registration process for a TFI Go Account, you agree that the Authority may verify your card by way of a pre-authorisation of a low value transaction against the card. The card will not be charged, however, the transaction may appear as a pending transaction on bank statements. The authorisation will be released within 10 days of first submission.

9.    Purchasing mTickets

9.1.        mTickets are available for purchase on the TFI Go App by TFI Go Account Holders only.

9.2.        The purchase of an mTicket results in a contract for transport services directly between the TFI Go Account Holder and the relevant Transport Operator(s) and shall not represent such a contract between the Authority and the TFI Go Account Holder.

9.3.        mTickets must be purchased through the TFI Go App in advance of travelling.

9.4.        The TFI Go App accepts debit and credit card payment methods from Visa and Mastercard only.

9.5.        Once a purchase has been completed, you will receive a receipt via email. It is recommended that you retain this receipt as it contains information pertaining to your purchase and may be required when interacting with TFI Go Customer Care. A receipt does not constitute an mTicket and will not be accepted by a Transport Operator if presented when boarding a public transport service.

9.6.        Should a payment request for an mTicket be rejected by the customer’s financial institution, the Authority reserves the right to do any or all of the following without advance notification:

i.            Suspend the use of the TFI Go Account for such period as may be determined by the Authority.

ii.            Block the device relating to the TFI Go Account for such a period as may be determined by the Authority.

iii.            Disqualify the TFI Go Account Holder from applying for a new TFI Go Account for such length of time as may be determined to be appropriate by the Authority.

9.7.        For security purposes, your payment card details are not held on your device. Your payment is processed in full compliance with the Payment Card Industry Data Security Standard.

10.           Downloading mTickets

10.1.     Once purchased, mTickets are automatically downloaded to your device.

10.2.     It is your responsibility to ensure that there is sufficient storage space available on your device to hold any mTickets that you purchase.

10.3.     Your purchased and downloaded mTickets will remain stored on your device until they are activated, used or expire.

11.           mTickets – Non-Transferable

11.1.     Purchased mTickets cannot be transferred to another TFI Go Account.

11.2.     Purchased mTickets can only be used by the registered TFI Go Account Holder who purchased them. mTickets cannot be shared for use by another passenger.

11.3.     mTickets are locked to the device from which the purchase was made. In order to move mTickets to a different device, but under the same TFI Go account, please contact TFI Go Customer Care (see contact details below).

12.           mTicket Activation

12.1.     An mTicket is not valid until it is activated.

12.2.     Activation must take place in advance of ticket validation when boarding a public transport service.  Failure to ensure that your ticket is activated may result in being refused entry to the service or being deemed not to have a valid ticket.

12.3.     To access your purchased mTickets for activation, you must be logged in to your TFI Go Account on the same device that your mTickets have been locked to.

12.4.     An activated mTicket will remain active for a period of time, which may depend on the type of ticket, route or Transport Operator, to allow you to travel. It is recommended that you DO NOT activate your mTicket too far in advance of travel as it may expire before you complete your journey. mTickets which are accidently or incorrectly activated are not refundable.

12.5.     Activation data is returned to the back office when your device has an online data connection.

12.6.     There is no limit on the number of mTickets that can be in an active state at any one time.

12.7.     An mTicket cannot be activated within a reasonable period of time after the previous activation.

12.8.     mTicket activation can be performed if your device is temporarily in an offline (no data connection) environment. You must already be logged in to your TFI Go account to access your mTickets.

13.           mTicket Validation

13.1.     There is a one TFI Go Account, per device, per Customer policy. mTickets can be used for travelling by the TFI Go Account Holder only. Neither a TFI Go Account nor mTickets can be shared with another passenger. Multiple passengers cannot use mTickets from the same device to board a public transport service, regardless of the TFI Go account being used.

13.2.     In order to validate an mTicket, you must present an activated mTicket to the driver or an authorised official.

13.3.     Validation of mTickets may be visual or electronic:

i.               Visual validation – when boarding the public transport service, you must present on the screen of your device an activated mTicket for the service that you are boarding. You must, on the request from the driver or an authorised official, touch the screen in order to initiate further visual components or display further details of the mTicket which verify that the mTicket is authentic. Failure to comply with such a request to the satisfaction of the driver or an authorised official may result in refusal to board the service.

ii.               Electronic validation – when boarding the public transport service, you must activate the mTicket for the service that you are boarding and scan the barcode or QR code at the appropriate reader. You will receive visual and/or audible signal notification to confirm that the mTicket has successfully been validated. Failure to validate to the satisfaction of the driver or an authorised official may result in refusal to board the service.

13.4.     In order for an mTicket to be valid, it must

i.               have been lawfully obtained;

ii.               be activated;

iii.               not have been intentionally damaged, defaced, altered or tampered with in any way;

iv.               not have been intentionally replicated, simulated or duplicated in any way.

13.5.     If you are using a Student mTicket you must provide student identification on request by the driver or an authorised official at validation.

13.6.     You are responsible for ensuring that your device is free from any defects that will impede proper validation of your mTicket. The driver or an authorised official is the arbitrator with regard to the acceptance of your mTicket.

13.7.     If your mTicket barcode or QR code cannot be scanned by an electronic validating device then you do not have a valid ticket.

13.8.     It is your responsibility to ensure that your device has sufficient battery charge and is in proper working order to validate your mTicket at boarding. Your mTicket must be available for inspection for the entire duration of your journey.

13.9.     You may be requested by the driver or an authorised official to provide personal identification matching the name that is on the mTicket and you may be refused access if you are unable to do so.

13.10.  Printed copies of mTickets or screenshots of mTickets will not be accepted.

14.           mTicket Inspection

14.1.     On request by an authorised official, you must present a valid activated mTicket for the journey that you are travelling on.

14.2.     You must, on the request from an authorised official, touch the screen of your device in order to initiate further visual components or display further details of the mTicket which verify that the mTicket is authentic.

14.3.     If you are using Student mTickets you must provide Student identification on request by an authorised official at inspection.

14.4.     You are responsible for ensuring that your device is free from any defects that will impede proper inspection of your mTicket. If your mTicket barcode or QR code cannot be scanned by an electronic inspection device then you do not have a valid ticket. The authorised official is the arbitrator with regard to the acceptance of your mTicket.

14.5.     If you do not have a valid activated mTicket you will be issued with a Standard Fare Notice or Fixed Payment Notice according to your Transport Operator, subject to the Conditions of Carriage of that Transport Operator. You may also be prosecuted for fare evasion.

14.6.     You may be requested by an authorised official to provide personal identification matching the name that is on the mTicket.

15.           Warranties

15.1 You warrant and represent that:

(a)                you will not use the TFI Go App in any way that breaches any applicable local, national or international law or regulation;

(b)               any material that you upload through the TFI Go App shall be true, accurate, complete and up-to-date, you have the necessary rights to upload such information through the TFI Go App, and it will not be unlawful or infringe any third party’s proprietary or personal rights in anyway; and

(c)                you have full power and authority to agree to be bound by these Terms and Conditions and to comply with the provisions of these Terms and Conditions.

16.           Limitation of Liability and Disclaimer

16.1.     You hereby acknowledge and agree that to the greatest extent permitted by applicable law the TFI Go App is made available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without limiting the foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the TFI Go App or the contents thereof.

16.2.     You acknowledge and agree that we may temporarily suspend access to the TFI Go App for any reason without notice, including but not limited to where there is a breakdown, error, defect or malfunction of any part of our systems.

16.3.     Except as expressly set out in these Terms and Conditions, all representations, warranties, terms and conditions whether express or implied in relation to the TFI Go App or the information contained therein are hereby excluded to the fullest extent permitted by law.

16.4.     Due to the fact that we cannot guarantee that the TFI Go App will be fault free or that the information contained on the TFI Go App will be correct, we do not accept any liability for any loss or damage whatsoever arising out of or in connection with the TFI Go App or the contents thereof, whether under theories of contract, tort (including negligence) strict liability of otherwise. Without limiting the foregoing, the Authority shall not be liable for any loss, damage, expenses, claims, liability or costs which you as the TFI Go Account Holder may suffer or incur in connection with:

i.            the use of the TFI Go App;

ii.            a refusal by the Authority to issue an mTicket or a delay in issuing an mTicket;

iii.            a TFI Go Account, an mTicket or a related device being suspended or blocked for a justified reason, including if the device has been lost or stolen, if a payment request fails, or if there is suspicion of fraud or misuse;

iv.            any period during which any equipment, software or system is unavailable for processing a payment;

v.            a delay in refund

16.5.     Transport Operators are responsible for all aspects of the goods and services which they provide to you. The Authority holds no responsibility for the Transport Operators and any queries in this regard should be directed to the relevant Transport Operator directly.

16.6.     If you cannot travel due to any equipment, software or system failing, the appropriate full fare will be charged by the relevant Transport Operator. Any such failure should be reported to TFI Go Customer Care (see contact details below) who will investigate the failure.

17.           Force Majeure

17.1.     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

18.           Lost or Stolen Devices

18.1.     In the event of your device being lost or stolen, please contact TFI Go Customer Care within business hours (see contact details below) to arrange to have your tickets protected.

18.2.     In circumstances where a device has been lost or stolen, the TFI Go Account Holder can request valid mTickets to be transferred to another device.

18.3.     The TFI Go Account Holder shall not be compensated for any inconvenience or cost incurred (including purchasing replacement tickets) due to the time taken to block a TFI Go Account, transfer mTickets to a new device.

19.           Refunds

19.1.     All refunds are subject to these Terms and Conditions and the refund policies of the relevant Transport Operator.

19.2.     You may apply for a refund by contacting TFI Go Customer Care subject to the Terms and Conditions outlined here (see contact details below).

19.3.     If a refund is to be given, your mTickets will be cancelled immediately.

19.4.     Refunds will be made to the exact payment method used to purchase the mTicket which is to be refunded.  However, at the Authority’s discretion any refund payable to you will be paid by electronic funds transfer (EFT) to your nominated bank account (provided such bank account is SEPA accessible). Refunds by EFT are only available to accounts in a SEPA zone. Any other refunds can be assigned to a charity or be forfeited.

19.5.     A refund amount shall be calculated in accordance with the refund rules of the Transport Operator who owns the mTicket. The Authority’s determination of value shall be final.

19.6.     For refunds direct to your bank account the Authority will at its discretion, endeavour to process these within 15 days. The Authority endeavours to keep to the timelines stated however occasions may arise where refunds may take longer.

19.7.     Refunds may be subject to a reasonable administration fee in accordance with section 20 (Administration Fees) below.

20.           Administration Fees

20.1.     The Authority reserves the right to charge administration fees for the following activities:

i.            Refunds

ii.            Transferring mTickets

iii.            Other activities as determined by the Authority from time to time

The scale of applicable fees will be displayed on the Authority website www.transportforireland.ie/tfi-go-app.

21.           Disputed Transactions

21.1.     Please contact TFI Go Customer Care if you have any issues regarding transactions made on the TFI Go App (see contact details below).

21.2.     All disputes are subject to review and approval by the Authority and may require additional documentation or evidence from the TFI Go Account Holder. The TFI Go Account Holder must notify the Authority of any disputed transactions occurring on their TFI Go App within thirty (30) days of the date of such transaction.

21.3.     In the event that a transaction has been incorrectly posted against your TFI Go account, the Authority will make the appropriate adjustment or will refund any amount incorrectly applied.

21.4.     The Authority reserves the right to suspend, block or withdraw your TFI Go Account in line with these Terms and Conditions should a chargeback or payment dispute occur.

21.5.     The Authority shall be the final arbiter in cases of disputed transactions.

22.           Suspending your use of the TFI Go App

22.1.     The Authority may, in its discretion, at any time and without notice to the TFI Go Account Holder, deactivate, cancel or suspend a TFI Go Account or mTickets or refuse to reissue, renew or replace a TFI Go Account or mTickets if we have reason to believe that the TFI Go Account Holder is in breach of:

i.            these Terms and Conditions; and/or

ii.            any applicable legislation or regulations.

22.2.     The Authority does not accept any liability for any direct or indirect consequences arising from any deactivation, suspension or cancellation of a TFI Go Account or mTickets in accordance with these Terms and Conditions.

22.3.     You shall not alter or tamper or allow anyone to alter or tamper with the TFI Go App (including, but not limited to, the software and the data recorded on the device) in any way. The Authority reserves the right not to honour transactions, and/or refuse to refund any remaining mTickets, if applicable, if an mTicket has been altered or tampered with. The Authority reserves the right to recover reasonable costs, expenses, losses and damages suffered or incurred as a result of the customer’s altering or interfering, or allowing a third party to alter or interfere, with the data on the TFI Go App.

22.4.     A TFI Go Account that has been inactive for a period of more than 24 months shall be deemed to be dormant and the Authority reserves the right to cancel such dormant TFI Go Accounts.

23.           End of Agreement

23.1.     You can end this agreement at any time by closing your TFI Go Account via the TFI Go App. 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.

23.2.     If your agreement with us ends, you must uninstall the TFI Go App from your mobile device(s) and all rights granted by us to you in respect of the TFI Go App will immediately end.

23.3.     We may end your agreement with us if you are (or we suspect that you are):

·         in breach of any of these terms and conditions;

·         using your TFI Go Account for fraudulent purposes; or

·         abusive to any of our staff or agents when using the TFI Go App.

23.4.     We may also end your agreement with us if:

·          there has been suspicious activity on your TFI Go Account;

·         the TFI Go App has been withdrawn by the App Store or we stop supporting the App on your mobile device or the operating system it runs on.

24.           Severability

24.1.     If any provision of these Terms and Conditions shall be determined to be partially void, illegal or unenforceable by any court or body of competent jurisdiction or by virtue of any legislation to which it is subject or by virtue of any other reason whatsoever, it shall be void, illegal or unenforceable to that extent only and no further and the validity, legality and enforceability of any of the other provisions of these Terms and Conditions shall not be affected.

25.           Variations and Updates

25.1.     These Terms and Conditions and any documents referred to herein may be amended from time to time by us.  You will be notified of any material change when you next access the TFI Go App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the TFI Go App.

25.2.     From time to time updates to the TFI Go App may be issued through the App Store. Depending on the update, you may not be able to use the TFI Go App until you have downloaded the latest version of the TFI Go App and accepted any new terms.

26.           Governing Law

26.1.     These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland and you hereby submit to the exclusive jurisdiction of the Irish Courts for the resolution of disputes arising out of or in connection with these Terms and Conditions.

26.2.     To the extent that you are acting as a consumer, rather than in the course of your business, you will benefit from any mandatory provisions of the laws of the country in which you are resident.  Nothing in these Terms and Conditions, including this provision regarding governing law and jurisdiction, affects your rights as a consumer to rely on such mandatory provisions of your local laws.

27.           TFI Go Customer Care

27.1.     TFI Go Customer Care is available :

·         Online at www.transportforireland.ie/tfi-go-app

·         By calling our Customer Care on Freephone 1800 928 075

·         By emailing appsupport@TFIGo.ie

·         Business Hours: Mon – Fri 09:00 to 18:00 (Closed Saturdays, Sundays and Bank Holidays)