Terms of Service (MCard Mobile App and Tickets)

General terms of use

These terms and conditions (the "Conditions") apply to the MCard Mobile Ticket Application (“MCard Mobile App”). Within these Conditions references to “We” or “Us” or “Our” shall mean the West Yorkshire Combined Authority and the West Yorkshire Ticketing Company Limited. References to “You” or “Your” shall mean the user of the MCard Mobile App.

The MCard Mobile App is operated and controlled by Us. Use of the MCard Mobile App is governed by these Terms and Conditions (“Conditions”). If You do not accept these Conditions, then you should delete and not use the MCard Mobile App. Your use of the App shall be deemed as acceptance of these Conditions.

We may at any time revise these Conditions and it is up to You to regularly review the Conditions in case there are any changes. For the avoidance of doubt, continued use of the MCard Mobile App after a change to these Conditions has been made, is deemed acceptance of that change by You.

 

  1. The MCard Mobile App is free to download, however, data charges may be incurred from Your network provider when downloading or using the App. You are responsible for any such costs. For the avoidance of doubt, We will not be responsible for any network connectivity issues that You may experience.
  2. In advance of using the ticket held in the MCard Mobile App, You must ensure that it is valid for the intended journey as follows:
  • The travel ticket has been activated before boarding if travelling on a bus or train;
  • The travel ticket is valid for the date of travel;
  • The travel ticket is valid for the rail zone or area You are travelling in.
  1. You must provide proof of entitlement, to accompany the ticket on the MCard Mobile App for example an Under 19 Photocard or other form of ID to use with a MyDay or Under 19 weekly or monthly bus ticket.
  2. You acknowledge that your failure to present a valid ticket or evidence of valid entitlement could later result in You being charged an additional fare and/or prosecution.
  3. You must show the MCard Mobile App ticket upon request, including but not limited to the following:

5.1    the driver when boarding any bus;

  • any authorised person engaged in revenue enforcement, when passing through a train station barrier; or

5.3     to the conductor on the train.

6. You must show the MCard Mobile App ticket for inspection upon the request of Our employees and representatives or those of other participating operating companies.

7. MCard tickets are multi-modal zonal products that allow the holder to travel on all buses and trains participating in the multi-operator ticketing scheme (excluding football and concert specials) and are not part of the Delay Repay scheme. The Delay Repay scheme applies to rail operator only tickets. Information of the Delay Repay Scheme can be found here:

https://www.nationalrail.co.uk/209242.aspx#:~:text=If%20the%20train%20journey%20you,company%20that%20caused%20the%20delay.

Refunds are not made for a withdrawal or interruption of bus or rail services but operators may consider claims on their merits as part of their passenger's charter commitment.

  1. We reserve the right on behalf of participating operators to alter the MCard prices and conditions of use at any time on reasonable notice.
  2. No refunds can be given for activated DaySaver, MyDay, Weekly or Monthly MCard or other tickets purchased via the MCard Mobile App.
  3. You must carefully select the right ticket for Your travel needs. The MCard Mobile App will ask You to confirm Your selection before linking You to SagePay (payment provider) to finalise Your payment and SagePay will prompt You again for confirmation of Your transaction. Activation of the ticket also requires confirmation by You. If under unusual circumstances, You encounter a problem with Your app transaction, please contact Us on the MetroLine 0113 245 7676.
  4. Any personal information obtained by Us through the MCard Mobile App will be processed in accordance with the General Data Protection Regulations General Data Protection Regulations ((EU) 2016/679) and the Data Protection Act 2018, as set out in the Privacy Notice appended to these Conditions.
  5. Unless expressly stated the copyright and other intellectual property rights (such as, design rights, trademarks, patents etc.) in any material provided on this MCard Mobile App remains the property of its rightful owner. Material on the MCard Mobile App including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, re-used, broadcast or transmitted in any way, except for Your own personal non-commercial use. Permission for any other type of use must be obtained, the West Yorkshire Combined Authority’s Communication team may be contacted on 0113 251 7214 for further details.
  6. Whilst We use Our best endeavours to ensure that the MCard Mobile App is functioning correctly and is as accurate as possible, this may not always be achievable and therefore the following applies:

            13.1 The MCard Mobile App is provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, accuracy and security. We do not guarantee or represent that the content and/or facilities available or accessible via the MCard Mobile App will always be accurate, complete, current or that access to the MCard Mobile App will be uninterrupted.

13.2 We expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use the MCard Mobile App, whether directly or indirectly resulting from inaccuracies, defects, viruses, errors - whether typographical or otherwise, omissions, out of date information or otherwise.

13.3 Accessing the MCard Mobile App and the downloading of material from it is done entirely at the Your own risk. You will be solely and entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data.

  1. We reserve the right to cancel or amend these Conditions and the MCard Mobile App, in the event of a catastrophe, war, civil or military disturbance, pandemic, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of Our reasonable control.
  2. The MCard Mobile App may contain links to other websites over which We have no control. Such links are supplied solely for convenience. We shall not be responsible for the contents or reliability of the linked websites and do not endorse the views expressed within them or the organisation or persons providing them in any way. We do not guarantee that these links will work all the time and We have no control over the availability of the linked pages.
  3. Providers of other websites may place text-based links to the MCard Mobile App without seeking Our prior permission. The use of any of Our logos or the logos of any associated or subsidiary organisations must not be used by You for promotional or linking purposes unless prior approval in writing has been given. Please contact Us on 0113-251-7214 to speak to Our communications team at the West Yorkshire Combined Authority for further details on obtaining such approval.
  4. We shall not be liable for any loss, expense, claim, damage, injury or inconvenience that You may sustain arising directly or indirectly out of the failure for a particular service to be operated.
  5. Activated tickets on an account are for the use of the account holder only. They may not be shared between devices or used by multiple users.
  6. We reserve the right to suspend or terminate MCard Mobile accounts where we suspect fraudulent activity and report such fraudulent activity to the relevant authorities. Please note that the Combined Authority will not be obligated to pay/reimburse any costs as a result of this action being undertaken.
  7. Omission by Us to exercise any right under these Terms will not constitute a waiver of such right unless expressly stated by Us in writing.
  8. These Conditions will be governed and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

 

Appendix

Privacy Notice

Privacy Statement

Concerning the Data Protection Act 2018, the ‘controller’ of the personal data which you provide is the West Yorkshire Combined Authority (“The Combined Authority”, “we”, “us”) of Wellington House, 40-50 Wellington St, Leeds LS1 2DE (tel: 0113 251 7272). The Combined Authority has registered with the Information Commissioner’s Office with registration number ZA051694. The Combined Authority is the responsible statutory body for the WY Metro brand.

The ‘processor’ of the personal data which you provide is Yorcard Ltd, whose registered office is 11, Broad Street West, Sheffield, S1 2BQ.

Yorcard is collecting this data and will process it and share it with the Combined Authority for the following purposes: 

  • to deliver the MCard and Concessionary Travel Schemes, 
  • statistical monitoring, 
  • compliance with government-mandated obligations such as the National Fraud Initiative. 

We would also like to keep you informed of updates and offers relating to the above schemes. We will only send you this information if you consent to receive it.

The following organisations will also process the data:

  • Yorcard Limited (the app developers)
  • West Yorkshire Ticketing Company (owner of the MCard brand)
  • SagePay (to process payments)

The Combined Authority will not share your personal information with any other organisation or third party other than those named above. There may be other circumstances in which we may share or use certain information about you, which are:

  • if we have a legal obligation to do so or if we are required or requested to do so by a competent authority such as the police or a court;
  • if we need to use or disclose your information to obtain legal advice or in connection with legal proceedings;
  • if we need to share your information to protect your vital interests if you are unable to give us consent or it is unreasonable for us to ask for your consent in the circumstances (e.g. if you are injured).

We will retain your information for 366 days after the last transaction has taken place following our information retention policy. On the expiration of such period, we will safely delete it.

We will remove any customer accounts which have had no transactions for 12 months; we will also delete or anonymise any associated records.

Information provided to the Combined Authority will be processed on the basis of the performance of a contract with individuals, to deliver goods and services requested, as per Article 6(1)(b) of the GDPR. We do not require separate consent to use such data for this purpose. However, as a data subject, you have many rights under the Data Protection Act. These include the right to access the information which we hold about you. In some cases, you may have a right to have your personal data rectified, erased or restricted, and to object to specific uses of your data. You have an absolute right to demand that you stop receiving marketing information.

You may also ask us to delete your information at any time by contacting us at the address provided. This request would not affect the legality of what we do with your personal data before you withdraw consent and would not stop us from continuing to use your data to the extent that we do not require your consent. The request would prevent us from further using data for purposes which require your consent (e.g. marketing).

If you are unsatisfied with the way we collect or handle your personal data, you have a right to make a complaint to the Information Commissioner’s Office. ICO’s website (https://ico.org.uk) has information about how to make complaints.

For further information, or to contact us to make a request, please visit https://www.westyorks-ca.gov.uk/contact/

You can contact The Combined Authority’s Data Protection Officer at Rebecca.BrookesDPO@westyorks-ca.gov.uk