Contactless portal terms and conditions

Introduction

These terms and conditions apply to the use of Transport for Greater Manchester's customer self-service application/portal, accessible via tfgm.com/contactless ("**Contactless Portal**"). The Contactless Portal refers to contactless payments made as a result of (i) using smart readers located on stop platforms or (ii) a customer paying a contactless 'standard fare' (penalty fare) where they have not touched in at a smart reader before starting their journey, when travelling on the Manchester Metrolink tram system ("**Metrolink**").

The Contactless Portal does not refer or relate to payments made by Metrolink customers at ticket vending machines located at Metrolink stop platforms.

Acceptance of terms and conditions

These terms and conditions are entered into by and between Transport for Greater Manchester ("**TfGM**" or "**we**" or "**us**"), and you, as the Metrolink customer using the Contactless Portal in relation to Contactless Payment (as defined below) ("**you**", and "**your**" shall be construed accordingly).

Please read these terms and conditions carefully. By using the Contactless Portal, you are accepting the terms and conditions below. If the meaning or intention of a clause in these terms and conditions is unclear, please get in touch with us for clarification (contact details are set out below).

Background

A. TfGM has introduced contactless debit and credit card payments (including MasterCard, Visa and Maestro) and payment via mobile phones or other devices that can be used to make contactless payments (using such mobile payment and digital wallet services as TfGM may accept from time to time) as a means of paying for journeys on Metrolink via the smart readers located at Metrolink stop platforms ("**Contactless Payment**").

B. To support Contactless Payment, TfGM now wishes to introduce the Contactless Portal so that (amongst other things), Metrolink customers who use Contactless Payment can check their journey history, and payments made, resulting from such use.

C. These terms and conditions apply to (i) the provision of the Contactless Portal by TfGM and (ii) the the use of the Contactless Portal by you.

Terms and Conditions

Preliminary

Beta testing participation

1. You will only be able to use the Contactless Portal if you have previously used a payment card or other device for the purposes of Contactless Payment on the Metrolink.


2. You understand that TfGM or its affiliates own all the materials of the Contactless Portal, including without limitation all intellectual property rights therein.


3. TfGM will comply with the obligations imposed by data protection legislation in relation to the protection of personal data, to the extent that such obligations apply to your use of the Contactless Portal. Please refer to our Privacy Policy for further information (available at: https://tfgm.com/privacy-policy/customer-relations.


4. TfGM reserves the right to update these terms and conditions without prior notice ("**Updated Terms**"). You agree that we may notify you of the Updated Terms via your registered email address, and that your use of the Contactless Portal after the effective date of the Updated Terms constitutes your acceptance of the Updated Terms. Therefore, you should review these terms and conditions and any Updated Terms before using the Contactless Portal. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Contactless Portal from that point forward. These terms and conditions will govern any disputes arising before the effective date of the Updated Terms.

Use of the Contactless Portal

5. In order to gain access to the information contained in the Contactless Portal, you must provide the full contactless card 16 digit 'PAN' number, associated with that card, where that card has previously been used for the purposes of Contactless Payment on Metrolink. TfGM will use the information you provide to carry out a validation check against known cards that have previously been used for Contactless Payment, and will not use or retain it for any other purpose. TfGM reserves the right to introduce such additional security checks as it deems appropriate from time to time.


6. You should not permit any other person to use your contactless payment card(s) to gain access to the Contactless Portal. If your contactless payment card is stolen, you should report this to your bank and/or card issuer at the earliest opportunity.


7. The Contactless Portal will not retain any cardholder data that you submit to it. You will need to provide the relevant cardholder data on each occasion that you use the Contactless Portal, in order to gain access to it and view the data contained within the Contactless Portal relating to your contactless payment card.

8. The Contactless Portal will enable you to:

8.1. securely validate a payment card that has been previously used for Contactless Payment on Metrolink;
8.2. retrieve journey history, for the previous 12 months, for the validated payment card and any digital payment devices linked to that specific card (except for journeys that have taken place on the same day that you access the Contactless Portal); and
8.3. produce and download a PDF statement containing journey and fare history for a specified period, including any associated charges.





Limitation on liability



9. To the fullest extent permitted by law, TfGM shall not be liable for any loss or damage suffered or incurred that arises directly or indirectly from your (i) participation in the Contactless Portal Test Programme and/or (ii) use of the Contactless Portal.


10. You hereby acknowledge and agree that it is your responsibility to safeguard and keep secure all of the contactless payment cards you use for the purposes of Contactless Payment on Metrolink. To the fullest extent permitted by law, TfGM shall not be liable for loss or damage suffered or incurred that arises directly or indirectly from any third party using your contactless payment card to gain access to the Contactless Portal.


11. You hereby acknowledge and agree that once you download a PDF statement from the Contactless Portal, such statement is (i) not stored on any TfGM computer system or infrastructure, and (ii) will be your responsibility to safeguard. To the fullest extent permitted by law, TfGM shall not be liable for any loss or damage suffered or incurred that arises directly or indirectly from any third party gaining access to the content of such PDF statement.


12. TfGM makes no warranty or guarantee concerning the availability of the Contactless Portal. To the fullest extent permitted by law, TfGM shall not be liable for any loss or damage suffered or incurred that arises directly or indirectly from the Contactless Portal not being available for use, at any time.




General

13. You must comply with all applicable UK laws (including, without limitation, the Computer Misuse Act 1990), regulations and codes in connection with your activities under these terms and conditions.


14. If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these terms and conditions, and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.


15. These terms and conditions constitute the entire agreement between you and us relating to the Contactless Portal Test Programme and supersedes any prior agreements.


16. No failure or delay by us in exercising any right under these terms and conditions will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.


17. TfGM shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that are caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.


18. We may transfer our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights or our obligations under these terms and conditions.  You may only transfer your rights or obligations under these terms and conditions to another person if we agree beforehand in writing. 


19. No one other than a party to these terms and conditions, their successors and permitted assignees, shall have any right to enforce any of them.


20. These terms and conditions (and any non-contractual claims arising out of or in connection with them) shall be governed, construed and enforced in accordance with the laws of England and Wales.


21. If you have any questions concerning these terms and conditions, or if you are unhappy with the Contactless Portal for any reason, please contact our team via TfGM's contact us form.



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