General terms and conditions for the use of Air Quality Alerts
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 the Greater Manchester Air Quality Alert Service (the “Air Quality Alerts”)
1.2. Please read these Terms carefully before registering for the Air Quality Alerts from us. The Terms include provisions which limit TfGM’s liability. Please note that by registering for the Air Quality Alerts, you agree to be bound by these Terms. You may wish to print a copy of these Terms for future reference.
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.
Accepting these Terms
You will be deemed to have accepted these Terms by registering for Air Quality Alerts.
Registering for Air Quality Alerts
4.1. You can register for Air Quality Alerts by completing the online application on the GM Clean Air website (the “website”). It will usually take 5-7 working days for your registration to be processed.
4.2. You can register for Air Quality Alerts from the GM Clean Air website to be sent by:
4.2.2. text message; and/or
4.2.3. automated voice call.
4.3. When you register you will be asked to provide the following information:
4.3.1. contact details of your preferred alert mode;
4.3.2. your year of birth;
4.3.3. postcode of the area you wish to receive alerts about; and
4.3.4. whether you wish to receive your alert in the morning for air quality data related to the next day or in the morning for air quality data for the same day.
4.4. Air Quality Alerts will only be sent to you where the forecast indicates pollution levels to be moderate or high in your registered area.
4.5. Where we have incorrectly sent you an Air Quality Alert, please contact our team by emailing us at firstname.lastname@example.org.
4.6. Registering for Air Quality Alerts through our Website means that you will be required to provide us with personal data. Please refer to clause 4.7 for details of how we will treat such personal data.
4.8. You confirm that you have authority to use the contact details you provide for the purpose of receiving Air Quality Alerts.
4.9. You promise that all information supplied by you in registering for Air Quality Alerts is accurate. You further promise that you will only register for Air Quality Alerts for yourself or for another person on whose behalf you are legally entitled to act.
We may refuse to make available, or refuse to accept the continued use of, Air Quality Alerts if we have reason to suspect that registration has, or will be, used for fraudulent or improper purposes.
Discontinuing the service
TfGM may without notice and at its own discretion discontinue providing Air Quality Alerts.
Unsubscribing to receive Alerts
7.1. If you wish to stop receiving Air Quality Alerts you can unsubscribe by either texting “STOP” to 07418 311113 or by visiting the unsubscribe page of the Website and selecting the unsubscribe option.
7.2. If you chose to unsubscribe from the receiving Air Quality Alerts by following one of the steps in Clause 8.1 above you should stop receiving alerts within 5-7 working days.
7.3. If you unsubscribe from receiving Air Quality Alerts, we will only continue to hold the personal data (and sensitive personal data, if any) relating to you that we hold immediately before you unsubscribe. 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.
8.1. We will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories:
8.1.1. loss of income or revenue;
8.1.2. loss of business;
8.1.3. loss of profits;
8.1.4. loss of anticipated savings;
8.1.5. loss of data; or
8.1.6. waste of management or office time, provided that this clause 9.1 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 9.1.1 to 9.1.6. 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 third party.
8.2. We refer you to clause 13 in these Terms for TfGM’s liability position in relation to events outside our control.
8.3. Nothing in these Terms affects your statutory rights or excludes or limits our liability for:
8.3.1. death or personal injury caused by our negligence;
8.3.2. fraud or fraudulent misrepresentation;
8.3.3. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
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. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this 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.
All notices or communications given by you to us must be given to email@example.com. We may give notice to you at either the e-mail address or telephone number you provide to us when you register for Air Quality Alerts. Notices will be deemed received and properly served immediately when posted on our 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.
Transfer of rights and obligations
11.1. Upon registering for Air Quality Alerts these Terms are binding on you and us and on our respective successors and assignees.
11.2. 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.
11.3. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time.
Events outside our control
12.1. 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").
12.2. 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:
12.2.1. 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;
12.2.2. exceptionally severe weather conditions, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.3. impossibility of the use of public or private telecommunications networks;
12.2.4. the acts, decrees, legislation, regulations or restrictions of any government;
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 19 above.
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.
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.
Our right to vary these Terms
16.1. 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.
16.2. 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.
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.