Care leaver terms and conditions

General terms and conditions for the use of smart cards issued by TfGM as part of get me there smart ticketing scheme

1. Introduction, scope and exclusions

1.1. These terms and conditions (" Terms ") (together with the documents or other items referred to in them) tell you, our customer, how you may use smart cards issued by TfGM (as defined in clause 2 below), and smart cards issued by third parties, when using public modes of transport in and around Greater Manchester.

1.2. The scope of these Terms relates to smart cards, issued by TfGM, and bearing an ‘ITSO’ logo (each a " TfGM Smart card "). TfGM Smart cards are:

1.2.1. a ‘my get me there’ smart card (" my get me there Card ");

1.2.2. a ‘ get me there Corporate’ smart card (" get me there Corporate Card ");

1.2.3. a ‘ get me there photocard’ smart card (" get me there Photocard ");

1.2.4. an ‘Our Pass’ smart card (" Our Pass Card ");

1.2.5. an ‘igo’ smart card (" igo Card ");

1.2.6. a TfGM ‘Cycle Hub’ smart card (" Cycle Hub Card ");

1.2.7. an English National Concessionary Travel Scheme Pass (" ENCTS Card ");

1.2.8. an ‘ENCTS Pass for disabled people’ (" Disability Pass Card ");

1.2.9. a ‘disabled ENCTS Concession Plus Pass’ (" Concession Plus Pass Card ");

1.2.10. a Women’s Concessionary Travel Scheme Pass (" WCTS Card "); and

1.2.11. such other smart cards that TfGM may designate as a TfGM Smart card from time to time,

and for the purposes of these Terms, ENCTS Cards, Disability Pass Cards, Concession Plus Pass Cards and WCTS Cards are each a " Concessionary Card ".

1.3. These Terms also cover how you can use, on Metrolink only (as defined in clause 1.4 below), a smart card bearing on ‘ITSO’ logo that has been issued by a third party (" Third Party Smart card ").

1.4. TfGM Smart cards and Third Party Smart cards can be used on:

1.4.1. the Metrolink tram service that operates within Greater Manchester, for which TfGM is ultimately responsible (" Metrolink "); and

1.4.2. bus services operated by bus operators (" Bus Operators ") in Greater Manchester that offer smart ticketing facilities from time to time (" Smart Bus Services ").

1.5. To use a TfGM Smart card or a Third Party Smart card on Metrolink or on Smart Bus Services, you first need to purchase a product that will provide you with a travel entitlement (" Travelcard "), which can then be loaded onto your TfGM Smart Card or your Third Party Smart card.

1.6. Please note, however, that these Terms do not cover how you can use:

1.6.1. TfGM Smart cards;

1.6.2. Third Party Smart cards; or

1.6.3. Travelcards,
on Smart Bus Services. Please refer to the published terms and conditions of use of the relevant Third Party Smart card and Travelcard provider, and the conditions of carriage of the relevant Bus Operator(s), for details of how you can use TfGM Smart cards, Third Party Smart cards and Travelcards on Smart Bus Services.

1.7. For clarification, these Terms also do not cover:

1.7.1. how you can order or use any smart cards that are issued by Bus Operators for use on Smart Bus Services;

1.7.2. how you can order or use any travel products, sold by a Bus Operator, that can only be used on Smart Bus Services operated by that particular Bus Operator;

1.7.3. how you can order any Travelcards sold by Bus Operators; or

1.7.4. how you can use Travelcards sold by Bus Operators on Smart Bus Services,

as each of the items and circumstances listed in clause 1.7 are, in each case, governed by (i) their own applicable terms and conditions and (ii) the conditions of carriage of the relevant Bus Operator(s), that operates the Smart Bus Services. These can usually be found on the relevant Travelcard provider or Bus Operator website.

1.8. Please read these Terms carefully before ordering any TfGM Smart cards from us. The Terms include provisions which limit TfGM’s liability. Please note that by ordering or using any TfGM Smart cards, you agree to be bound by these Terms. You may wish to print a copy of these Terms for future reference.

1.9. Please note that separate terms and conditions apply to the use of an Our Pass Card (" Our Pass Ts&Cs "). To the extent that there is any conflict between these Terms and the Our Pass Ts&Cs, the Our Pass Ts&Cs shall prevail.

2. Information about us

Transport for Greater Manchester (" TfGM "), established pursuant to the Transport Act 1968 and the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969, is the passenger transport executive for the combined authority area of Greater Manchester. TfGM’s headquarters are at 2 Piccadilly Place, Manchester M1 3BG, and references to ‘ we ’, ‘ us ’ and ‘ our ’ in these Terms shall be construed accordingly.

3. Accepting these Terms

3.1. You should take the opportunity to inspect a copy of these Terms when collecting or ordering your TfGM Smart card (as appropriate) by using:

3.1.1. the get me there website (" Website ");
3.1.2. the main TfGM website, when ordering a get me there Photocard;
3.1.3. the telephone call-based services provided by our customer services centre (" Customer Services "); or
3.1.4. a TfGM Travelshop (" Travelshop ").

3.2. Unless otherwise specified, you will be deemed to have accepted these Terms whenever you order, collect or use your TfGM Smart card.

4. Ordering, applying for or obtaining TfGM Smart cards

4.1. The only TfGM Smart cards you can order from our Website are:

4.1.1. a my get me there Card; and

4.1.2. a get me there Corporate Card,

such cards being hereinafter referred to in these Terms as " get me there Cards ". Please note that get me there Photocards can only be ordered from tfgm.com (and not the Website).

4.2. You can also order get me there Cards, or a get me there Photocard, from Customer Services. Please refer to tfgm.com for details of how you can apply for other TfGM Smart cards.

4.3. Please note that eligibility criteria, as specified by TfGM from time to time at its absolute discretion, will need to be fulfilled in order to make a successful application for a get me there Corporate Card or a get me there Photocard. The relevant eligibility criteria can be found on the get me there website. In the case of a get me there Photocard, TfGM shall specify from time to time (at its absolute discretion) the customers who are entitled to apply for such a card. Separate eligibility criteria will apply to other TfGM Smart cards, as set out on tfgm.com.

4.4. If we automatically send a my get me there Card to you when your Our Pass Card expires (in the limited circumstances set out in the Our Pass Ts&Cs), then in addition to you being able to add Travelcards to it, we may (in our absolute discretion, and subject to any further conditions as we may specify from time to time) allow you to use that my get me there Card to access special offers, discounts, activities and other items (" Opportunities " or " Exclusives ") for a limited period that we shall specify, provided that you register to access such Opportunities and Exclusives with The Growth Company Limited, via ourpass.co.uk (please note that your use of such Opportunities and Exclusives is subject to separate terms and conditions with the third parties that provide them).

4.5. If you are a ‘care leaver’, please note that:

4.5.1. you will not be able to apply for a get me there Photocard if you already hold a valid Our Pass Card;

4.5.2. you will be able to apply for a get me there Photocard if you meet the eligibility criteria set out on the TfGM website;

4.5.3. if you meet the eligibility criteria referred to in clause 4.5.2 above, you will be able to use your get me there Photocard, until your 21st birthday, to:

4.5.3.1. travel for free on Smart Bus Services (subject to the relevant terms and conditions of the respective Bus Operators); and

4.5.3.2. access Opportunities and Exclusives, provided that you register to access them with The Growth Company Limited, via ourpass.co.uk (please note that your use of such Opportunities and Exclusives is subject to separate terms and conditions with the third parties that provide them); and

4.5.4. you may be automatically sent a my get me there Card in the circumstances set out in clause 4.4. In that case, the my get me there Card will only allow you to register to access Opportunities and Exclusives, but you would not be able to travel for free on Smart Bus Services. Provided that you are aged 18 years or over, then in order to ensure that you can (i) access free travel on Smart Bus Services and (ii) register for Opportunities and Exclusives, you must apply for a get me there Photocard. If your application for a get me there Photocard is successful, then any my get me there Card issued to you in accordance with clause 4.4 above will be blocked.

4.6. After placing an order for a get me there Card, it will usually be sent to you within 5-7 working days using Royal Mail Second Class delivery service, unless there are exceptional circumstances. Please note that we cannot accept responsibility for get me there Cards once received by Royal Mail.

4.7. If your get me there Card is not delivered to you within 7 working days, you should report this immediately by telephoning our Customer Services team on 0161 244 1000 or by emailing us at customerservices@getmethere.com.

4.8. Where we have incorrectly issued a get me there Card, please contact our Customer Services team by telephoning 0161 244 1000, or by emailing us at customerservices@getmethere.com.

4.9. A get me there Card reported by you as lost in the post will be treated as lost if it has not been received by you within 10 working days of your order. If there is no proof that the original get me there Card was delivered to you, the original card will be blocked, and a new card will be issued to you. If the original get me there Card does subsequently arrive with you, it will not be usable and you should destroy it.

4.10. Please note that it is your responsibility to ensure that the delivery address provided is complete, accurate, secure and suitable for accepting Royal Mail deliveries. We do not accept any responsibility for failure to deliver TfGM Smart cards to incomplete, inaccurate or insecure addresses.

4.11. Unfortunately, we do not deliver get me there Cards, or any other TfGM Smart cards, to addresses outside the UK.

Discretionary arrangements upon expiry of get me there Photocards issued to ‘care leavers’

4.12. If you are a ‘care leaver’, and have successfully applied for a get me there Photocard in accordance with clause 4.5 above, then (i) subject to TfGM’s entire discretion and (ii) such eligibility criteria as we may specify from time to time, on expiry of your get me there Photocard we may send to you a my get me there Card, which will be automatically linked to a get me there online account in your name. The my get me there Card will be sent to the postal address that you provided to us when applying for a get me there Photocard, unless you have provided us with an alternative address, or if we have otherwise been able to verify any change of address with you.

4.13. If you do not wish for your personal data to be associated with the my get me there Card that we send to you in accordance with clause 4.12, you may close the get me there online account that will have been created in your name, by contacting Customer Services (please see clause 4.8 for contact details). You will be under no obligation to use the my get me there Card that we send to you.

5. Risk and title

5.1. The use of a get me there Card (and other TfGM Smart cards) will be at your own risk from the time that you obtain it from a Travelshop, or from the time that your get me there Card or get me there Photocard is delivered to you, after using our Website or Customer Services.

5.2. All TfGM Smart cards remain the property of TfGM at all times, and may be blocked (with the effect that a TfGM Smart card will cease to function, and may not be recognised by any Smart Reader (as defined in clause 10.5 below) or any other form of smart-ticketing machinery designed for use with your TfGM Smart card) if we believe the TfGM Smart card has been lost, altered, tampered with, misused or stolen.

5.3. If your TfGM Smart card is blocked, you will need to apply to TfGM for a new TfGM Smart card. Once a TfGM Smart card has been blocked it will become unusable, and any Travelcards that you have purchased (irrespective of whether they have been Loaded (as defined in clause 9.3) on to your TfGM Smart card) will no longer be available.

6. Registration of your get me there Card, and association of an Our Pass Card, igo Card, Cycle Hub Card and Concessionary Card with a get me there online account

get me there Cards

6.1. To obtain a get me there Card and purchase Travelcards through our Website, you will need to create a get me there online account, which you will be able to access from our Website. Please refer to clause 7 for further details. Creating a get me there online account means that your get me there Card will be registered, for the purposes of these Terms, and registration will enable you (amongst other things) to view transaction data and purchase Travelcards within your get me there online account.

6.2. If you obtain a get me there Card by calling Customer Services, your get me there Card will also be registered, for the purposes of these Terms. If you provide an email address when obtaining a get me there Card from Customer Services, you can also create a get me there online account.

6.3. Applying for a get me there Card through our Website or by calling Customer Services means that you will be required to provide us with personal data, so that we can associate your Smart card with you (please refer to clause 6.8 for details of how we will treat such personal data).

6.4. If you obtain a my get me there Card from a Travelshop, you will have the option to register your my get me there Card when you obtain it. If you choose not to register your my get me there Card when you obtain it, you will be able to do so at a later time. Please note that get me there Corporate Cards can only be obtained through the Website or by calling Customer Services, and cannot be obtained at a Travelshop.

6.5. If you choose not to register the my get me there Card that you obtain at a Travelshop:

6.5.1. it will not be associated with you;

6.5.2. all transaction data (if any) relating to your use of that my get me there Card will be retained by us, and you will not be able to access such data;

6.5.3. you will not be able to purchase Metrolink Travelcards (as defined in clause 8.1) that have an annual duration; and

6.5.4. you will not be entitled to a replacement Travelcard if your my get me there Card is lost or stolen.

Our Pass Cards, igo Cards, Cycle Hub Cards and Concessionary Cards

6.6. If you hold an Our Pass Card, an igo Card, a Cycle Hub Card or a Concessionary Card, you can also create a get me there online account and associate an Our Pass Card, an igo Card, Cycle Hub Card or Concessionary Card with that account, so that you can (amongst other things) purchase Travelcards through our Website (and " associate ", " association " and " associating " shall be construed accordingly).

6.7. If you are associating an Our Pass Card, an igo Card, a Cycle Hub Card or a Concessionary Card that has been issued in the name of another individual with your get me there online account, you must ensure that you have the permission of that individual before proceeding. TfGM does not accept, and excludes any and all, liability in connection with the association by you with your get me there online account of any TfGM Smart cards that have not been issued in your name.

General

6.8. Registration or association of your TfGM Smart card will enable you (amongst other things) to:

6.8.1. view transaction data relating to your online purchases;

6.8.2. purchase specified Travelcards (subject to availability); and

6.8.3. apply for a replacement TfGM Smart card if your TfGM Smart card is lost or stolen.

6.9. Please make sure that you read our Privacy Policy and Cookie Policy, so that you are aware of what information (including personal data) we will collect from you when you use our Website or call Customer Services, and how such information will be treated.

6.10. You must be at least 13 years old in order to create a get me there online account. If you are below the age of 18, you confirm that you have obtained the consent of your parent or guardian to you (i) creating a get me there online account, and (ii) associating your TfGM Smart card with a get me there online account.

6.11. You confirm that you have authority to use the payment method or billing account details you provide for the purpose of settling any payments due for any purchase made using your get me there online account, or that you owe to us.

6.12. If you are below 18 years old, and you are using a debit or credit card for the purpose of settling any payments due for any purchase made using your get me there online account, or that you owe to us, you confirm you have obtained appropriate consent from the debit or credit cardholder prior to using the relevant debit or credit card.

6.13. You promise that all information supplied by you in using your get me there online account is accurate and that you will not make any speculative, false or fraudulent purchases. You further promise that you will only use your get me there online account to make purchases for yourself or for another person on whose behalf you are legally entitled to act.

6.14. Please note that it is not possible to create a get me there online account in relation to a get me there Photocard.

7. Your get me there online account - security

7.1. If you create a get me there online account, you are responsible for maintaining the confidentiality of your get me there username and password combination (" Sign In Details ") and for restricting access to your computer (or other device) to prevent unauthorised access to your get me there online account.

7.2. You must keep your Sign In Details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them. You must not disclose your Sign In Details to any other person or record your Sign In Details in any way that may result in them becoming known to another person.

7.3. You agree to accept full responsibility for all activities that occur under your get me there online account. You should inform us immediately if you have any reason to believe that your Sign In Details have become known to anyone else, or if the Sign In Details are being, or are likely to be, used in an unauthorised manner, by calling our Customer Services helpline on 0161 244 1000, as detailed in the Contact us section of our Website.

7.4. You must notify us of any change of address or other contact details you provide (other than a change of name) by either updating those details using your get me there online account, by calling Customer Services, by visiting a Travelshop, by writing to get me there, PO Box 5466, Manchester M61 0LS, or by sending an email to customerservices@getmethere.com. Please note that if you wish to notify us of a change of name, you will need to call Customer Services.

8. Items that can be loaded on to your TfGM Smart card

8.1. Subject to availability, Travelcards that you can currently load on to your TfGM Smart card or Third Party Smart card are electronic versions of:

8.1.1. (i) single tickets and (ii) tickets that apply for a specific time period within or across zones of the Metrolink network (which zones are identified and set out on Metrolink route maps), for use on Metrolink only (" Metrolink Travelcards ");

8.1.2. tickets for use on Smart Bus Services only, which (i) can be used on Smart Bus Services operated by multiple Bus Operators; (ii) may apply for a specific time period; and (iii) may also apply to specific areas or routes in which Smart Bus Services operate (" Bus Travelcards ");

8.1.3. tickets that can be used to travel on both Smart Bus Services and Metrolink (" Bus and Tram Travelcards "); and

8.1.4. tickets that allow those eligible for an ENCTS Card and WCTS Card to travel on the Metrolink and on rail during the hours of 09.30 and 24.00 Monday to Friday (inclusive) or at any time on Saturday or Sunday or on a bank holiday (" Add Tram & Train Travelcards ").

8.2. If you have a get me there online account and have registered or associated your TfGM Smart card to your account, you will be able to purchase Travelcards (subject to availability) from the Website.

8.3. Travelcards will be sold subject to their own particular terms and conditions (" Product Conditions "). Before purchasing any Travelcards, please read carefully the Product Conditions that apply to them.

8.4. Please note that TfGM sells Bus Travelcards, and Bus and Tram Travelcards as an agent of Greater Manchester Travelcards Limited (company number: 01848309) (" GMTL ").

8.5. For clarification, Bus Travelcards, and Bus and Tram Travelcards, are not TfGM products and are sold subject to their own particular terms and conditions, as specified by GMTL from time to time, and the applicable conditions of carriage of the relevant Bus Operators. Please refer to the published terms and conditions of use of the relevant Travelcard provider, and the conditions of carriage of the relevant Bus Operator(s), for details of how you can use TfGM Smart cards (and Third Party Smart cards) and Travelcards on Smart Bus Services. These can usually be found on the relevant Travelcard provider or Bus Operator website.

8.6. Please note that Bus Travelcards cannot be used, or relied upon, to travel on Metrolink or any heavy rail services. Bus Travelcards are specifically for use on Smart Bus Services only.

8.7. If you have a TfGM Smart card, and you purchase a Travelcard that does not work correctly on your TfGM Smart card, please contact us by calling our Customer Services helpline on 0161 244 1000, or by sending an email to customerservices@getmethere.com.

8.8. For the avoidance of doubt, TfGM does not accept, and excludes any and all, liability in connection with the use of travel related or non-travel related products provided by any unauthorised third parties (including, without limitation, in connection with any products provided by such third parties that allow you to add monetary balances to your TfGM Smart card) that may be loaded to TfGM’s Smart cards (or to Third Party Smart cards) without TfGM’s knowledge and consent. In these circumstances, customers must refer to the relevant unauthorised product owner and terms and conditions of use.

8.9. If you have a Third Party Smart card and purchase a Travelcard, and that Third Party Smart card or Travelcard does not work correctly, please contact your smart card issuer for further assistance.

8.10. TfGM reserves the right to issue, or facilitate the issue of, further Travelcards from time to time, each of which shall be subject to their own terms and conditions.

9. Purchasing Travelcards

9.1. You will only be able to purchase Travelcards via the Website, or by calling Customer Services, if you have registered your get me there Card, or if you have associated your Our Pass Card, igo Card, Cycle Hub Card or Concessionary Card, with your get me there online account.

9.2. All payments that add any Travelcard to a TfGM Smart card, and which you make via the Website or by calling Customer Services, must be made by types of credit or debit cards that are accepted by us from time to time.

9.3. Please note that, where you purchase any Travelcard by using the Website or by calling Customer Services:

9.3.1. you must ‘touch in’ (as defined in clause 10 below) for the Travelcard to be associated with your TfGM Smart card (at which time, subject to clause 9.3.2, you are regarded as having " Loaded " your Travelcard, and " Load " shall be construed accordingly);

9.3.2. your Travelcard should be ready to Load after 4 hours have elapsed from the time of purchase, but it will not be valid until the day you have selected as the start date for your Travelcard; and

9.3.3. you must Load your Travelcard within 14 days of purchasing it (please note that the day on which you purchase a Travelcard counts as day one of such 14 day period).

9.4. Travelcards that are available on our Website or by calling Customer Services can be purchased up to 7 days prior to the date on which they would be valid for travel.

9.5. You should only ‘touch in’ (as defined in clause 10 below) to Load your Travelcard when you are intending to travel. This applies, in particular, in the case of single Travelcards, where you Load such Travelcard on the start date of its validity period. In such circumstances, your Travelcard will be activated, and will only remain active for the limited amount of time that is applicable to that single Travelcard (as stated in the Product Conditions). No refunds will be provided where a single Travelcard has been activated, but you do not then travel during its limited validity period.

9.6. If:

9.6.1. you do not Load your Travelcard (in the manner described in clause 9.3.1) within its validity period;

9.6.2. you Load your Travelcard, but then do not travel within its validity period; or

9.6.3. you Load your Travelcard, but then only travel after part of the Travelcard’s validity period has expired,
you will not be entitled to a refund (and, in the case of clause 9.6.3, you will not be entitled to a refund in respect of the elapsed portion of the Travelcard’s validity period, if you did not travel in that elapsed period).

9.7. You will not be able to Load your Travelcard after 14 days from when it has been purchased via the Website or Customer Services (please note that the day on which you purchase a Travelcard counts as day one of the 14 day period referred to in this clause). If the validity period of your Travelcard continues after such 14 day period, please contact Customer Services as detailed in the ‘Contact us’ section of our Website in order that your Travelcard can be re-issued for you to Load (and, in such circumstances, the provisions of clause 9.3 to 9.6 will apply to that re-issued Travelcard). Your Travelcard will be re-issued with the same validity period as originally purchased and no adjustment or refund will be made in respect of days that have elapsed since the start date of the Travelcard’s validity period.

9.8. It is your responsibility to ensure that you have a valid Travelcard to travel. If you are not able to Load your Travelcard to your TfGM Smart card for whatever reason, you will need to purchase another valid ticket to travel. Please contact Customer Services in these circumstances.

9.9. Subject to availability, you are also able to add Travelcards to your TfGM Smart card or Third Party Smart card by using a ticket vending machine located on a Metrolink stop platform, at one of our Travelshops, by using one of GMTL’s appointed third party retail agents, or on board Smart Bus Services. Any Travelcards that are purchased in such manner will be Loaded to a TfGM Smart card or a Third Party Smart Card immediately at the point of purchase.

9.10. TfGM shall have no liability for any losses, costs, liabilities or expenses incurred as a result of the failure to Load a Travelcard (for any reason whatsoever) in accordance with these Terms.

10. Smart travel on Metrolink

10.1. Please note that the use of your Concessionary Card (as defined at clause 1.2) on Metrolink is subject to the conditions of use and administrative arrangements applicable to concessionary travelcards, as stipulated by TfGM and available at:

• tfgm.com/tickets-and-passes/passes-for-disabled-people (in respect of the Disability Pass and the Concession Plus Pass); and

• tfgm.com/tickets-and-passes/passes-for-older-people (in respect of any other ENCTS Card and WCTS Card),

(together the " Concessionary Conditions ", which also specify how you can use your Concessionary Card on bus services in general).

10.2. Please note that the use of Concessionary Cards, Metrolink Travelcards, and Bus and Tram Travelcards on Metrolink is subject to:

10.2.1. the Metrolink Conditions of Carriage, as updated or amended from time to time. The Metrolink Conditions of Carriage are available at on the TfGM website (please review the Metrolink Conditions of Carriage before using services offered by TfGM, in its capacity as the ultimate Operator of Metrolink);

10.2.2. the Greater Manchester Metrolink System Bye-Laws (" Metrolink Bye-Laws "); and
10.2.3. the general conditions of use as set out in these Terms.

10.3. Your TfGM Smart card or Third Party Smart card is not a valid ticket on Metrolink unless a Metrolink Travelcard, an Add Tram & Train Travelcard or a Bus and Tram Travelcard, has been Loaded on to it, where such Travelcard covers the journey you are making on Metrolink at that time.

10.4. For the avoidance of doubt, Concessionary Cards, Metrolink Travelcards, Add Tram & Train Travelcards and Bus and Tram Travelcards do not offer a guaranteed place on any particular route or mode of transport. Seats are allocated on a first come first served basis, or in accordance with the Metrolink Conditions of Carriage, or in accordance with the policies of TfGM (as appropriate). Concessionary Cards, Metrolink Travelcards and Bus and Tram Travelcards do not guarantee the availability, or the accuracy of any timetabling, of Metrolink services.

10.5. When making a journey on Metrolink, you must hold your TfGM Smart card or Third Party Smart card to the touchplate of, and wait for a visual and audible response from, the smart card reader (" Smart Reader ") provided at the Metrolink stop:

10.5.1. where you begin your journey (this process is known as " touching in ", and " touch in " shall be construed accordingly); and

10.5.2. where you finish your journey (this process is known as " touching out ", and " touch out " shall be construed accordingly) ( please note that if you need to change trams to reach your intended destination, you should only touch out when you finish your journey at your final destination ).

10.6. Your obligations relating to touching in and touching out, and the consequences of not doing so, are subject to the particular requirements of TfGM, as set out in the Metrolink Conditions of Carriage. Please note that if you do not comply with:

10.6.1. the general conditions of use as set out in these Terms; and/or

10.6.2. the Metrolink Conditions of Carriage; and/or

10.6.3. the Metrolink Bye-Laws,

penalties may be imposed (further details of which are set out in the Metrolink Conditions of Carriage or the Metrolink Bye-Laws (as applicable)).

10.7. You must have your TfGM Smart Card or Third Party Smart card available for inspection when travelling on Metrolink at any time.

10.8. Please note that:

10.8.1. if you have a Concession Plus Pass, that Concessionary Card will be recognised by a Smart Reader at any time, and you will be entitled to travel free of charge;

10.8.2. if you have a Disability Pass, and travel on Metrolink:

10.8.2.1. between 9:30am and midnight, Monday to Friday; or

10.8.2.2. at any time on a Saturday or Sunday, or on any public holiday,

your Disability Pass will be recognised by a Smart Reader, and you will be entitled to travel free of charge; and

10.8.3. you cannot use your Disability Pass to travel free of charge if you are travelling outside of the times referred to in clause 10.8.2 and, in such circumstances, your Disability Pass will not be recognised by a Smart Reader, and you must buy a valid ticket, at the applicable fare, in order to travel.

10.8.4. your ENCTS Card or WCTS Card will only be valid on Metrolink between 9.30am and midnight, Monday to Friday: or at any time on Saturday or Sunday, or on any public holiday, if the appropriate Add Tram & Train Travelcard has been purchased and Loaded onto the card.

11. Code of Conduct

11.1. A code of conduct applies to (i) anyone to whom TfGM automatically sends a my get me there Card, upon expiry of their Our Pass Card, and (ii) any ‘care leaver’ using a get me there Photocard (" Code of Conduct "). The Code of Conduct is set out below and it your responsibility to ensure that you understand and comply with it. This means that you will be expected to:

11.1.1. respect and treat others, including travelling members of the public and members of staff, as you would like to be treated;

11.1.2. behave in a considerate manner;

11.1.3. act safely and responsibly;

11.1.4. not smoke, use an electronic cigarette or consume any alcoholic drink or drugs; and

11.1.5. avoid any behaviour that may upset others. This includes doing things like littering, playing music too loud or using any language that may cause offence to others.

11.2. If you fail to comply with the Code of Conduct then you may lose your my get me there Card or your get me there Photocard. This can happen if you breach the Code of Conduct on three occasions, or less if there is a serious breach. Examples of what may constitute a serious breach of the Code of Conduct include any:

11.2.1. form of hate crime;

11.2.2. use or threats of violence towards others;

11.2.3. tampering with or damaging any property;

11.2.4. antisocial or criminal behaviour of any kind, including breaching any appropriate bye-laws.

11.3. If we become aware that you have failed to comply with the Code of Conduct then a record will be made, detailing the incident and when it occurred. We will be entitled at our discretion to determine the severity of the breach and withdraw your my get me there Card, or get me there Photocard, as we see fit.

11.4. If you fail to comply with this Code of Conduct then you will no longer be entitled to the benefits set out in clauses 4.4 or 4.5, your my get me there Card or get me there Photocard may be blocked, and you may be asked for it to be returned to a Travelshop or handed in to an appropriate member of staff.

11.5. You may be able to earn your my get me there Card or get me there Photocard back by:

11.5.1. volunteering in your local community;

11.5.2. taking part in some form of restorative justice or some other form of rehabilitation; and

11.5.3. attending an educational session hosted by the Greater Manchester Travelsafe Partnership.

11.6. If you contact us to ask for your my get me there Card or get me there Photocard to be reinstated, we will let you know how you can earn your my get me there Card or get me there Photocard back, and assist you with that process where appropriate.

11.7. The earn-back or return of any my get me there Card or get me there Photocard is at TfGM’s entire discretion and is subject to you having successfully participated in at least one of the activities set out in clause 11.5.

12. Lost and Stolen TfGM Smart cards

12.1. Your TfGM Smart card is an item of value and should be looked after as if it were cash. If your TfGM Smart card is lost or stolen, please notify us immediately by using the facility available for reporting this on our Website, or by calling our Customer Services helpline on 0161 244 1000, as detailed in the Contact us section of our Website. When reporting your TfGM Smart card as lost or stolen, you will be required to provide us with suitable proof of your identity (the suitability of which shall be at our absolute discretion).

12.2. If you report your TfGM Smart card as lost or stolen, we will disable and block your TfGM Smart card and you will need to obtain a new TfGM Smart card. For clarification, once a TfGM Smart card has been blocked, it will become unusable and any Travelcards that you have purchased (irrespective of whether they have been Loaded on to your TfGM Smart card) will no longer be available.

12.3. If you are eligible for a Concessionary Card, the relevant Concessionary Conditions apply to any application you make for a replacement Concessionary Card.

12.4. You are advised to ensure that, as an item of value, your TfGM Smart card and the value of any Travelcards stored on it are insured against loss or theft through your own household insurance policy.

12.5. TfGM reserves the right to charge an administration fee for a replacement TfGM Smart card at its entire discretion.

12.6. If your TfGM Smart card is lost or stolen in circumstances where:

12.6.1. you have registered your TfGM Smart card; and

12.6.2. you have purchased a Travelcard that has more than 7 days of its validity period remaining,

you will be able to obtain a replacement TfGM Smart card, and a replacement Travelcard, by using the facility available for reporting this on our Website, or by contacting Customer Services. You will be required to Load your replacement Travelcard at a Smart Reader within 14 days of your replacement TfGM Smart card being issued. Please note that replacement TfGM Smart cards and Travelcards cannot be collected at Travelshops, third party retail outlets or from Bus Operators.

13. Travelling without a TfGM Smart card or Travelcard

If you do not have a valid TfGM Smart card or Travelcard with you when you travel, you must buy a full price ticket for your journey (or have in your possession another form of valid ticket or pass, entitling you to travel). For clarification, any tickets bought in such circumstances are non-refundable.

14. Improper Use

We may refuse to make available, or refuse to accept the continued use of, any TfGM Smart card if we have reason to suspect that such TfGM Smart card has, or will be, used for fraudulent or improper purposes. TfGM reserves the right to block TfGM Smart cards in order to make them unusable in such circumstances.

15. Dormancy

TfGM may at its own discretion block and disable any TfGM Smart card that has not been used for a period of two (2) years. Once a TfGM Smart card has been blocked in such circumstances, it will become unusable.

16. Closing your get me there online account

16.1. If:

16.1.1. you wish to close your get me there online account; or

16.1.2. you wish to remove a TfGM Smart card from being registered or associated to your get me there online account,

please contact Customer Services as detailed in the ‘Contact us’ section of our Website.

16.2. When you apply to close your get me there online account, or apply to remove a TfGM Smart card from being associated to your get me there online account, you will be required to provide us with suitable proof of your identity (the suitability of which shall be at our absolute discretion).

16.3. The closure of your get me there online account will result in your get me there Card, being disabled and blocked. Once a get me there Card has been blocked, it will become unusable, and any Travelcards that you have purchased (irrespective of whether they have been Loaded on to your get me there Card) will no longer be available.

16.4. If you close your get me there online account, we will (subject to clause 16.5) only continue to hold the personal data (and sensitive personal data, if any) relating to you that we hold immediately before you close your get me there online account. Upon closure of your get me there online account, such data will be retained by TfGM in accordance with the General Data Protection Regulation and the Data Protection Act 2018, and will not be shared by TfGM with any third parties unless required and/or permitted by law.

16.5. If you close your get me there online account in circumstances where you continue to hold an Our Pass Card, an igo Card, a Cycle Hub Card or a Concessionary Card that you have associated with such account, please note that such cards will not be disabled or blocked, and we will (subject to our obligations under the General Data Protection Regulation and the Data Protection Act 2018) continue to hold the personal data that you provided to us when you applied for such a TfGM Smart card.

17. Our liability

17.1. Subject to clause 17.4, we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories:

17.1.1. loss of income or revenue;

17.1.2. loss of business;

17.1.3. loss of profits;

17.1.4. loss of anticipated savings; or

17.1.5. waste of management or office time,

provided that this clause 17.1 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by clauses 17.1.1 to 17.1.5. For the avoidance of doubt, we shall not be liable for any liability, loss or expense which is attributable to any acts or omissions of any Bus Operator or any other operator of public transport (acting in their capacity as an operator, for that purpose).

17.2. We refer you to clause 8.8 in these Terms for clarification in respect of TfGM’s liability position in relation to the use of unauthorised third party products loaded onto TfGM Smart cards.

17.3. For the avoidance of doubt, TfGM does not accept, and excludes any and all, liability in connection with the use of a my get me there Card or a get me there Photocard to access any Opportunity or Exclusive (including without limitation any losses that may be suffered by you or any damage that may be caused as a result of you accessing any Opportunity or Exclusive). In these circumstances, you should refer to the relevant party who provided the appropriate Opportunity or Exclusive and their relevant terms and conditions.

17.4. We refer you to clause 21 in these Terms for TfGM’s liability position in relation to events outside our control.

17.5. Nothing in these Terms affects your statutory rights or excludes or limits our liability for:

17.5.1. death or personal injury caused by our negligence;

17.5.2. fraud or fraudulent misrepresentation;

17.5.3. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

18. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. Further information about this can be found in our Privacy Policy as set out in clause 6.9. This condition does not affect your statutory rights.

19. Notices

All notices or communications given by you to us must be given to Transport for Greater Manchester at get me there, PO Box 5466, Manchester M61 0LS, or by email using the following email address: customerservices@getmethere.com. We may give notice to you at either the e-mail or postal address you provide to us when you register your TfGM Smart card, or in any of the ways specified in clause 18 above. Notices will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

20. Transfer of rights and obligations

20.1. Upon registering your TfGM Smart card, or upon applying for or collecting a TfGM Smart card, these Terms are binding on you and us and on our respective successors and assignees.

20.2. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Terms, without our prior written consent.

20.3. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time.

21. Events outside our control

21.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a " Force Majeure Event ").

21.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

21.2.1. strikes, lock-outs or other industrial action;

21.2.2. civil commotion, riot, invasion, vandalism or threat of vandalism, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

21.2.3. exceptionally severe weather conditions, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

21.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

21.2.5. impossibility of the use of public or private telecommunications networks;

21.2.6. the acts, decrees, legislation, regulations or restrictions of any government;

21.2.7. suicides or accidents involving trespassers;

21.2.8. gas leaks or fires in line-side buildings not caused by TfGM or any Bus Operator or any of their employees or agents; and

21.2.9. line and/or road closures at the request of the police or emergency services.

22. Waiver

22.1. If we fail, at any time during the time that these Terms are in force, to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

22.2. A waiver by us of any default will not constitute a waiver of any subsequent default.

22.3. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 19 above.

23. Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

24. Entire agreement

We intend to rely upon these Terms and any document expressly referred to in them in relation to their subject matter. Nothing in these Terms affects your statutory rights.

25. Our right to vary these Terms

25.1. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

25.2. Revisions or amendments to these Terms will be notified to you by way of marketing materials, emails or such other methods as we shall determine.

26. Law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), will be governed by English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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