Terms and conditions

WEBSITE TERMS OF USE

  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 how you may use the website and any other websites that include “cleanairgm.com”.

1.2. Please read these Terms carefully before using the website. The Terms include provisions which limit TfGM’s liability. Please note that by using this website, you confirm that you accept these Terms and you agree to be bound by these Terms. You may wish to print a copy of these Terms for future reference.

  1. Information about us

2.1. A ministerial direction was issued to the 10 Greater Manchester local authorities: The Borough Council of Bolton, Bury Metropolitan Council, Manchester City Council, Oldham Borough Council, Rochdale Metropolitan Borough Council, Salford City Council, Stockport Metropolitan Borough Council, Tameside Metropolitan Borough Council, Trafford Metropolitan Borough Council and Wigan Metropolitan Borough Council (the “GM Local Authorities”) by the Secretary of State for Environment Food and Rural Affairs directing them to implement their local plan for delivering compliance with the statutory annual limits in relation to nitrogen dioxide concentrations in the shortest possible time.

2.2. The GM Local Authorities have delegated appropriate powers to Transport for Greater Manchester (“TfGM”) to act in a co-ordinating and delivery role in relation to their implementation of a Clean Air Zone within Greater Manchester.

2.3. TfGM was established pursuant to the Transport Act 1968 and the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969 and 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.

  1. Accepting these Terms

You will be deemed to have read and accepted these Terms by using the website. If you do not agree to these Terms, you must not use this website.

  1. Registering for air quality alerts, funding and/or accreditation

4.1. You can register for air quality alerts, funding and/or accreditation by completing the relevant online application process on the website.

4.2. Registration for the relevant online applications will be subject to any terms and conditions applicable to the same.

4.3. Registering for air quality alerts, funding and/or accreditation through the website means that you will be required to provide us with personal data. Please refer to clause 4.4 for details of how we will treat such personal data.

General

4.4. Please make sure that you read our Privacy Policy and relevant Cookie Policy (which may differ depending on the website page) 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. Service specific privacy notices can be found in the sections entitled “Service specific privacy notices” and “Research specific privacy notices” within our Privacy Policy.

4.5. In registering for air quality alerts, funding and/or accreditation you confirm that you have authority to use the contact details you provide.

4.6. You promise that all information supplied by you when registering for air quality alerts, funding and/or accreditation is accurate. You further promise that you will only register for yourself or for another person on whose behalf you are legally entitled to act.

  1. Improper Use

5.1. We may refuse to make available, or refuse to accept your continued use of the website if we have reason to suspect that you have, or will, use the website for fraudulent or improper purposes.

5.2. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website site via a denial-of-service attack or a distributed denial-of service attack.

  1. Discontinuing the service

We do not guarantee that the website, or any content on it, will always be available or be uninterrupted. We may discontinue, suspend or withdraw or restrict the availability of all or any part of the website for business or operational reasons.

  1. Your feedback and comments

If you think there are any mistakes or out of date information on the website, please send an email to info@cleanairgm.com.

  1. Our liability

8.1. We have taken all reasonable care to compile information and material on the website but we are not responsible for any loss, damage or inconvenience caused by any inaccuracy or error and subject to 8.2, we, our suppliers and any third parties mentioned on the website are not liable for any damages arising from the use of, or inability to use, the website or any websites linked to this website.

8.2. 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 and for fraud or fraudulent misrepresentation.

  1. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, conditions, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  1. Notices

All notices or communications given by you to us must be given to info@cleanairgm.com. We may give notice to you at either the e-mail address or telephone number you provide to us or by posting the notice on the website. Notices will be deemed received and properly served immediately when posted on the website, 24 hours after an e-mail or text message is sent. 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.

  1. Transfer of rights and obligations

11.1. 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.

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

  1. External links

The website may include links to other ‘external’ websites and unless we expressly state otherwise, we do not control or endorse these websites.

  1. Waiver

13.1. 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.

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

13.3. 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 10 above.

  1. 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.

  1. Entire agreement

We intend to rely upon these Terms and any document expressly referred to in them in relation to use of the website.

  1. Our right to vary these Terms

We have the right to revise and amend these Terms from time to time without notice 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 so you should revisit this page and any other relevant pages from time to time.

  1. 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.