Who we are
We are Transport Scotland, an executive agency of the Scottish Government, Buchanan House, 58 Port Dundas Road, Glasgow G4 0HF and we operate the ‘Transport Scot Pass Collect’ App.
What these terms cover
Use of the App is governed by these Terms and Conditions. By downloading the App you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions then do not download or use the App.
Please read these Terms and Conditions carefully.
When we refer to the ‘User’ throughout these Terms and Conditions, we are referring to any individual who downloads and/or uses the App.
App store’s terms also apply
Our rights to make changes to these Terms and Conditions
Transport Scotland may at any time revise these Terms and Conditions. We may be required to do this, for example, to reflect changes in law or changes in the functionality of the App. It is the responsibility of the User to regularly review the Terms and Conditions in case there are any changes. Continued use of the App after a change has been made will be treated as acceptance of that change by the User. These Terms and Conditions were most recently updated on 27 January 2022.
Support and Contact Information
If you want to learn more about the App or have any problems using the App then please contact the Concessionary Travel and Integrated Ticketing Unit at Transport Scotland - email us at firstname.lastname@example.org.
The App is to be used for private, domestic and transport operation only and must not be used for any commercial purposes. The App is directed to people residing in Scotland only.
Operating System Requirements
The App is compatible with smart mobile telephones only. The App will only function on smart mobiles telephones that are compatible with NFC (near field communication) functionality.
Limitations to the App
Whilst Transport Scotland makes reasonable efforts to ensure that the App is functioning correctly, this may not always be achievable. The App does not offer advice on which you should rely and you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms and Conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property
We do not guarantee that our App will be secure or free from bugs or viruses. If defective digital content that we have supplied damages a device or digital content belonging to you, we may repair the damage or we may pay you compensation. We will not be liable for damage that (a) you could have avoided by following our advice to apply an update offered to you free of charge or (b) for damage that was caused by you failing to comply with the Terms and Conditions and/or failing to correctly follow installation instructions or to have in place the minimum system requirements.
We are not liable for business losses
If you use the App for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for events outside our control
If our provision of the App or support for the App is delayed by an event outside our control then we will publicise this on our website. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may end your use of the App at any time.
Changes to the App
You understand that from time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and/or the App may not function correctly or may be open to security vulnerabilities.
Suspension or Withdrawal of the App
The App is made available free of charge, and therefore we do not guarantee that the App will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for policy or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
The App may contain links to other websites over which Transport Scotland has no control. Such links are supplied solely for the convenience of Users. Transport Scotland will not accept any liability for the contents or reliability of the linked websites and does not endorse the views expressed within them or the organisations or persons providing them in any way. Transport Scotland does not guarantee the operability of these links and has no control over the availability of the linked pages. Transport Scotland has not checked and approved the content or privacy policies (if any) of such other websites. Users must make their own independent judgement about whether to use any such independent websites.
If someone else owns the mobile telephone you are using
If you download the App onto any phone not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms and Conditions, whether or not you own the phone.
There are Other Terms
Please see this Young Person’s information webpage for more information on the terms that apply to the Young Persons’ Concessionary Travel Scheme. Concessionary travel and smart tickets and for the older and disabled schemes refer to Eligibility and Conditions for the 60+ or Disabled Traveller.
Law and Jurisdiction
These Terms and Conditions, including their subject matter and formation, are governed by and construed in accordance with the laws of Scotland. The courts of Scotland shall have exclusive jurisdiction over disputes between a User and Transport Scotland arising out of these Terms and Conditions.
Even if we delay in enforcing these Terms and Conditions, we can still enforce them later
Any delay or failure by Transport Scotland to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of such right or remedy, unless expressly stated by Transport Scotland in writing.
These Terms and Conditions, together with any other terms expressly referred to in them, constitute the entire agreement between Transport Scotland and the User relating to the subject matter of these Terms and Conditions.
Acceptable Use Restrictions
a) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App;
b) not infringe our intellectual property rights or those of any third party in relation to your use of the App;
c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
d) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
e) not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
f) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms and Conditions; and
g) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that such actions cannot be prohibited by applicable law.
Intellectual Property Rights
Unless otherwise expressly stated in writing by Transport Scotland the copyright and other intellectual property rights (such as, for example, design rights, trade marks, patents etc) in any material on the App remains the property of Transport Scotland (or its licensors). Material of Transport Scotland and/or its licensors on the App including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way, except for the User’s own personal non-commercial use. Permission for any other type of use must be obtained.
You can end your use of the App and what happens if you do
By virtue of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers often have a statutory right to withdraw from online contracts for digital content if they change their mind within fourteen days from the day of the conclusion of the contract. This statutory right does not apply to your use of the App as you hereby consent to immediate performance of the contract between us and acknowledge that you will lose your statutory right of withdrawal from the contract once the download of the App has begun.
However, you can stop using the App at any time, and you can delete it at any time from your device. When you uninstall the App, the contract between us (as set out in these Terms and Conditions) comes to an end.
If you delete the App any and all rights granted to you by these Terms and Conditions will cease.
We may end your rights to use the App if you break these Terms and Conditions
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
a) You must stop all activities authorised by these Terms and Conditions, including your use of the App and associated services.
b) You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
c) We may remotely access your devices and remove the App from them and cease providing you with access to associated services.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.