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GoSmart Conditions of Use
Web Retail Account GoSmart Card Terms and Conditions
1. Web Retail Terms and Conditions.
The Terms and Conditions which apply to the customer's registration and use of a Web Retail account on www.gosmart.mcgillsbuses.co.uk are as follows:
1.2.1 In these conditions:
- 'we' and 'us' mean McGill's
- 'you' means any customer using the website: www.gosmart.mcgillsbuses.co.uk
- 'website' refers to www.gosmart.mcgillsbuses.co.uk
1.2.2 Key Words and Terms:
We have tried to make the wording in this document as clear as possible but please find below a table to explain words and terms:
||A brand of smartcard issued by McGill's
||An electronic ticket machine found on the bus or in an agent's office (such as SPT) where your GoSmart card can be read to check the validty of its products or entitlements, and updated to add and decrement products.
||A damaged GoSmart card is a card that is faulty due to unreasonable damage by the holder or failure to maintain the card in a usable condition.
||A GoSmart card that has ceased to work on an ETM device and that shows no sign of physical damage.
||The mode or method of transport permitted by a particular product, subject to the limitations and restrictions detailed in the guidance document for the product.
||The ITSO specification is a technical platform on which interoperable smart ticketing schemes can be built.
||A product is a ticket, or value, that can be loaded onto a customer's GoSmart card.
||A branded, ITSO accredited, reusable plastic card that can hold information and products.
2.1 Data Protection
For the purposes of the Data Protection Act 1998, we will act as a data controller. Your personal information will be properly safeguarded and processed in accordance with the requirements of the Act. McGill's will use your data for the following purposes:
- to provide you with the service you applied for
- to enable us to comply with our regulatory obligations
- for the purposes of customer services and administration
- for research and statistical analysis, including the provision of travel-related information
- for the prevention of fraud
- to process payment card transactions
Personal data processed for any purpose, or purposes, shall not be kept for longer than is necessary for that purpose, or those purposes.
2.2 Security of Payments
McGill's does not hold any information about your financial transaction, other than details of the types of products you purchase and when that purchase was made.
2.3 Third Party Information
Unless you have given us permission to, we will not make your GoSmart details available to third parties, except in the following limited circumstances:
- when we are legally obliged to do so e.g. to law enforcement agencies and regulatory authorities
- where there is a duty to disclose information in the public interest
2.4 Security of Your GoSmart Online Account
You are responsible for maintaining the confidentiality of your GoSmart account username and password to prevent unauthorised access to your account, as follows:
- you must keep your sign-in details private and take all reasonable precautions to prevent unauthorised, or fraudulent, use of them
- you agree to accept responsibility for all activities that occur on your online account
- you should change your password and inform us immediately if you have any reason to believe that your sign in details have become known to anyone else, by emailing: firstname.lastname@example.org or calling McGill's customer services team free on 08000 51 56 51
3. GoSmart Card Terms and Conditions
These are the Terms and Conditions which apply to the customer's usage of the GoSmart card.
Please also refer to McGill's Conditions of Carriage.
3.1 General Conditions
3.1.1 Following the application process, a GoSmart card will be dispatched to your registered address. McGill's cannot take any responsibility for delivery. Replacement of non-delivered cards will be at the discretion of McGill's.
3.1.2 We will only deliver to UK addresses.
3.1.3 If your name and address changes, you should notify McGill's by logging onto your account at gosmart.mcgillsbuses.co.uk and updating your details. You can also do this by emailing: email@example.com or by calling our customer services team free on 08000 51 56 51.
3.1.4 The use of your GoSmart card will be subject to McGill's conditions of travel.
3.1.5 Your GoSmart card is valid for 15 years from the date of issuance. After this period, your card will expire and you will be entitled to a replacement.
3.1.6 All GoSmart cards remain the property of McGill's and must not be tampered with, damaged or altered.
3.1.7 All intellectual property rights in the GoSmart card brand remain the property of McGill's.
3.2 Use of your GoSmart Card
3.2.1 You must use your GoSmart with the card reader by placing it on the ETM of your bus.
3.2.2 You must tender your GoSmart card for every journey you make and be prepared to show your GoSmart card to McGill's staff, agents or representatives during your journey when requested to do so. Failure to do so may lead to a penalty fare or prosecution.
3.3 Lost or Stolen GoSmart cards
3.3.1 You may need to replace your GoSmart card if it is lost or stolen. This can be done through your online account or by emailing: firstname.lastname@example.org or by calling customer services free on 08000 51 56 51, as soon as possible. Your card will be cancelled to prevent unauthorised use.
3.3.2 We cannot prevent the unauthorised use of a lost or stolen GoSmart card until it has been reported by the cardholder when it will be cancelled.
3.3.3 McGill's will not be responsible for any travel costs incurred between the reporting of a lost or stolen GoSmart card and the receipt of your replacement card. Any tickets bought in such circumstances are non-refundable.
3.3.4 If you lose your card, or it is stolen, you will be issued with a replacement subject to a fee.
3.3.5 Once cancelled, a GoSmart card cannot be 'reactivated', even if you subsequently find it.
3.4 Faulty GoSmart Cards
3.4.1 If your GoSmart card is faulty, we will replace it free of charge.
3.4.2 Faulty cards must meet the criteria outlined in the fair wear and tear policy in section 4. Please note, that in the event of a dispute regarding a card being damaged or faulty, the decision of McGill's is final.
3.5.1 Product refunds are subject to McGill's standard GoZone terms and conditions terms above.
3.5.2 Refunds should not be confused with the transfer of tickets from lost, stolen and faulty cards.
4 Fair Wear and Tear Policy
4.1 Responsibility for your GoSmart Card
4.1.1 You should ensure your GoZone card remains in working order, so that the card can be read and products checked, and it not damaged in any way e.g. broken or cracked.
4.1.2 McGill's reserves the right to charge a fee for replacing a GoSmart card that has been damaged, or tampered with in any way.
4.1.3 Your GoZone card will be considered 'tampered with' if it has been: cut or bent; a deliberate hole made in the card; it is laminated or some other method by which the functionality of the card is rendered unusable.
4.1.4 If your GoSmart card is damaged, you are responsible for ensuring you have a valid ticket to travel until your replacement is received.
McGill's, or its agents, will endeavour to process the issuing of GoSmart cards with reasonable care and skill. McGill's accepts no liability for damage or loss arising from the use of the GoSmart card.
Authorised staff have the right to withdraw a GoSmart card if it has been misused in any way. If you misuse the card, you could be prosecuted. Examples of misuse include knowingly attempting to travel without a product on your card.
7 Force Majeure/Events Outwith our Control
McGill's shall not be liable for any failure of the GoSmart card, nor the inability of customers to use their GoSmart card for any reason. While we regret any inconvenience caused as a result of failure or delay in performance of any of our obligations under these Terms that is caused by events outwith our reasonable control (a "Force Majeure" event").
We have made every effort to ensure that all of the information in this document is correct, however McGill's shall not be held liable for any errors within the document.
9 Written Communications
When using our website, you accept that communication with us will be mainly electronic. We will contact you by email, or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, conditions, notices, information and other communications that we provide you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10 Our Right to Vary These Terms and Conditions
We have the right to revise and amend these Terms and Conditions from time to time, to reflect changes in market conditions affecting our business, changes in technology, changes in payment, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
11 Contact Us
11.1 The GoSmart scheme is organised and managed by McGill's with our customer services team at McGill's, Greenock Road, Inchinnan, PA4 9PG.
11.2 Email: email@example.com
11.3 Telephone McGill's customer services team on 08000 51 56 51, calls to this number are free.
12 Closing your online GoSmart account
12.1 If you no longer wish to have an online GoSmart account, you can apply to close your account by emailing: firstname.lastname@example.org or by phoning McGill's customer services on 08000 51 56 51.
12.2 You will be required to confirm your identity by giving us your date of birth and the post code for your registration.
12.3 When your GoSmart online account has been closed (and you continue to use your GoSmart card), you will still be required to adhere to the GoSmart card Terms and Conditions as
outlined at section 3 of these terms and conditions.