Diamond m-tickets and Mobile App Ticketing Terms and Conditions

Definitions and Description
Diamond (‘Diamond’) offers m-tickets for sale to its customers subject to the terms and conditions set out below.
The following terms and conditions govern all purchases of tickets through the Diamond m-ticket application.

For the purposes of these terms and conditions:-
‘we / us / our’ means Diamond.
‘you / your’ means you, the customer wishing to purchase an m-ticket from us.
‘m-ticket’ means a paperless ticket that is downloaded onto your mobile phone.
‘mobile phone’ or ‘device’ means a mobile phone or ‘smart’ phone (such as an iPhone or Android) or any other handheld device (such as an ipad or tablet) which allows you to download the mobile m-tickets app and an m-ticket
‘Diamond m-tickets app’ and ‘mobile ticket facility’ means the m-ticket application downloaded by you which enables you to acquire an m-ticket via your mobile phone

Basis of Agreement
This mobile ticket facility is offered as a service to you by us. By using this mobile ticket facility you agree that these terms and conditions will govern the relationship between us and you. You should read these terms and conditions carefully. If you do not agree with these terms you should not download the mobile ticket facility.

These terms apply to both your application to download the mobile ticket facility and to any purchase of m-tickets. We will treat each order for m-tickets as an offer by you to purchase the m-tickets in accordance with these terms.

Diamond may change these terms from time to time. Any changes made will not affect existing terms accepted by you when making purchase through the mobile ticket facility.

Product
Diamond offer a selected number of tickets and passes as m-tickets, which enable you to purchase tickets via your mobile phone using the Diamond m-tickets app.

We cannot guarantee that all ticket types you may wish to order will be available to be supplied to you via the Diamond m-tickets app and you should check our website to ensure that the tickets you want to purchase for travel are available and valid for your required journey .

Mobile Ticket Facility
You may use the Diamond m-tickets app on the terms set out in this paragraph. You do not own any rights in the Diamond m-tickets app. Your rights to use the mobile ticket facility are as set out in these terms and we retain all rights not expressly granted to you in them. You must not try to adapt, modify, decompile or disassemble the mobile ticket facility, copy or transfer the mobile ticket facility to other users. We give no warranties or representations relating to the mobile ticket facility or its performance and all conditions and warranties implied by law are excluded to the fullest extent permitted by law.

Registered Users
If you register your details with us using the mobile ticket facility registration process, your registration details will be stored in the content management system of the Diamond m-tickets app. You will be required to confirm these details if you contact us for any reason to access your account information.
You will choose a Password to access the mobile ticket facility on your mobile phone. You must do all that you reasonably can to ensure that your Password remains secure.
We will not ask you to divulge your Password. You may request us to reset your Password on your behalf. We will not store your Password and you can change this on your own device at any time.
You are responsible for maintaining the confidentiality of your account details, and are fully responsible for all activities that occur under your password or account, unless these activities arise due to our negligence or a breach of these terms by us.
By accepting these terms you are confirming that you have access to, can use and know how to use a mobile phone of suitable specification to receive and display the m-ticket on the mobile phone screen.
We do not offer technical support.

Distribution
The mobile ticket facility will be available to your mobile phone once you have downloaded the app. Diamond Bus tickets can then be purchased using your mobile phone and will be delivered as an m-ticket, these will only be available to use on the device you have purchased the ticket on.
You must check that your ticket details are correct before making a purchase via your mobile and you will be prompted to check the details before taking the final step in the purchase process. We will endeavour to send your m-ticket to your phone within 30 seconds so that it can be used immediately after purchase, but we cannot guarantee that time-scale.
You are advised that a strong internet connection is recommended when purchasing or activating m-tickets.

Tickets
m-tickets sold are valid ONLY for travel on Diamond bus services in zones and areas as specified by us at the time that you complete your purchase of the m-ticket, not when you activate it.

m-tickets remain our property and must be produced at any time during the journey when requested by any of our officials. The m-ticket must be shown to the driver when boarding the bus. It is your responsibility to ensure that you have a valid m-ticket if you wish to travel. Passengers failing to produce a current valid m-ticket must pay the appropriate fare on boarding and refunds will not be given where passengers have failed to produce a valid m-ticket

We reserve the right to reject any m-ticket which we reasonably believe to be invalid, out of date, used on a stolen phone , cancelled, or if the m-ticket is damaged, defaced or otherwise impaired. m-tickets are valid for the period selected at the point of wishing to travel and details will be displayed on the mobile phone screen. Out of date and invalid m-tickets will be rejected at validation.

m-tickets are not transferable, may only be used on the mobile phone or device that the m-ticket was purchased on, requests for transfer to an alternative device may be made to head office (in the event of loss or damage to existing device).

m-tickets may not be transferred to a Diamond Bus Photocard Pass after purchase. An administration charge of £10 may be charged to any user who requires transference of an m-ticket to a Diamond Bus Pass due to user error or misunderstanding at time of purchase.

m-tickets do not confer any priority on the holder over other passengers.

m-tickets cannot be transferred to anyone other than you and are non-refundable (save in the circumstances set out in these terms and conditions).

Price and Payment
There is no additional cost to you for downloading the Diamond m-tickets application, which is the software that enables you to purchase an m-ticket via a mobile phone. You may be charged for data usage by your mobile service provider. It is your responsibility to ensure you have sufficient mobile data provision or internet access to enable you to download and activate m-tickets.
The m-ticket prices detailed on the app are for a selected range of Diamond products and the cost stated includes the delivery of the m-ticket to your mobile device. m-tickets prices advertised are exclusively available through the mobile ticket facility and may be charged at different rates through other means of purchase.

The price paid by you is valid for the duration of the m-ticket and any subsequent change in prices during this period will not affect an m-ticket that has already been purchased.
The prices quoted on this website are in pounds sterling. If you choose to pay for your tickets using any other currency you may have to pay a further fee in respect of the exchange rate.

Payment for m-tickets must be made via a valid credit or debit card (Visa/Mastercard/Switch/Solo/Maestro). We will deduct the appropriate sum from your credit card or bank account once authorised by you when you purchase an m-ticket via your mobile phone.

If you wish to purchase a child m-ticket for a child under the age of 16, you will need to ensure that an adult cardholder purchases the ticket for you from the child’s handset.

Please note, we do not store any credit or debit card details (please see the Data Security section below).

Cancellations and Refund Policy
Save as set out above, the m-ticket is valid for the period from the time you wish to use it and activate it (not from the time you purchase it), until it expires: i.e. a weekly ticket will expire 7 days after it is activated, but use within this time is unlimited within the specified zones.
We reserve the right to suspend your account or cancel without notice or liability any m-tickets which we reasonably believe have been obtained in any fraudulent manner or if you fail to comply with these terms and conditions or our terms and conditions of carriage. In these circumstances we may also refuse to supply any further m-tickets.

If some evidence of fraudulent activity is recorded on the Diamond m-tickets app (such as time or date tampering) the app will expire any active tickets automatically.

We may amend the terms of this mobile ticket facility or website, or cease to offer m-tickets for sale at any time. In the event that we decide that m-tickets that have already been purchased can no longer be used on our services we will give notice on this website and all balances and outstanding portions of all such m-tickets already validly purchased will be refunded to your elected credit/bank account. We will endeavour to do this within 14 working days.

Disclaimer
We use reasonable endeavours to ensure that the data on this website is accurate and to correct any errors or omissions as soon as practicable after being notified of them .
The Diamond m-tickets application or website may not be compatible with your device, browser or computer configuration and we make no warranty that it is. We make no warranty that your access to our m-tickets application or website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the app or website coverage for whatever reason.

Liability
We will be responsible if something we do causes death or personal injury. We will also be responsible for damage to your property if the cause is our fault. Other than the responsibility we have accepted as described above, we will not be responsible for any losses that you suffer whether in contract, tort or otherwise arising out of or in connection with our website, inability to access our website, any websites linked to our website, or in connection with the mobile ticket facility, m-ticket, or the inability to access the m-tickets.

If you lose or break your mobile phone and it has a valid m-ticket saved on it, please call our Customer Services Team on 0121 322 2222 as soon as possible. We will confirm the value remaining on your m-ticket and will transfer this when you register your new or replacement mobile phone. Substitute tickets will not be provided for the period of time when you do not have a registered device available to transfer tickets onto

If you replace your mobile phone it is your responsibility to ensure the m-ticket is compatible with your new device. If it is not then you may be liable for the full fare.

Conditions of Carriage
All travel undertaken using the m-ticket is subject to the Conditions of Carriage of Diamond which are available on our website at www.diamondbus.com

Data
We do not store your credit card or bank details. At the point of purchase, a secure transaction is facilitated by our card services provider. Diamond do not store credit /debit card details on either our servers or within the application.
Diamond will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“data protection laws”). You confirm that you will only enter information about yourself and that such information is true.
The details which you provide about yourself and any other information which identifies you will only be used for operational purposes, for example to contact you for feedback on this facility. Details will not be passed to any other parties.

Contact Details
If you have any queries, please contact Diamond Customer Services Team on 0121 322 2222 or email comments@diamondbus.com

Statutory Rights
As a consumer you have certain statutory rights regarding statements made in public by us or our representatives, the repair or return and replacement of defective or misdescribed goods and the performance of services, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations. Nothing in these terms and conditions affects those statutory rights.

You also have certain statutory rights under the Electronic Commerce (EC Directive) Regulations 2002 because we are advertising and selling services online. If we do not comply with these Regulations you have certain remedies. These terms and conditions do not affect your remedies under those Regulations. These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations. If you would like a copy of these Regulations, they can be obtained from the Office of Fair Trading. For further information about your statutory rights, please contact your local authority Trading Standards Department or Citizens’ Advice Bureau.