Terms and Conditions

1. Information about us
   
   travelplantoolkit.tfgm.com ("Travel Plan Portal") is operated by Transport for Greater Manchester ("TfGM"), a body established pursuant to the Transport Act 1968 and the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969, and being 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.


2. Your account, password and acceptance of terms
   
   2.1.   If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
   
   2.2.   We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
   
   2.3.   If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at sustainable.journeys@tfgm.com.
   
   2.4.   Unless otherwise specified, you will be deemed to have accepted these terms of use whenever you use the Travel Plan Portal.


3. Limitation of our liability
   
   3.1.   Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
   
   3.2.   To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Travel Plan Portal or any content on it, whether express or implied.
   
   3.3.   We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
   
       3.3.1. use of, or inability to use, our Travel Plan Portal; or
   
       3.3.2. use of, or reliance on, any content (including, without limitation, any reports or Travel Plans (as defined in clause 4.2)) displayed on our Travel Plan Portal.
   
   3.4.   Please note that in particular, we will not be liable in any circumstances for:
   
       3.4.1. loss of profits, sales, business, or revenue;
   
       3.4.2. business interruption;
   
       3.4.3. loss of anticipated savings;
   
       3.4.4. loss of business opportunity, goodwill or reputation; or
   
       3.4.5. any indirect or consequential loss or damage.
   
   3.5.   We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Travel Plan Portal or to your downloading of any content on it, or on any website linked to it.
   
   3.6.   We assume no responsibility for the content of websites linked on our Travel Plan Portal. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.


4. Uploading content to our Travel Plan Portal
   
   4.1.   Whenever you make use of a feature that allows you to upload content to our Travel Plan Portal, or to make contact with other users of our Travel Plan Portal, you must only do so lawfully and within the restrictions set out in these terms.
   
   4.2.   If you are a designer or consultant who needs to produce a Travel Plan in Greater Manchester (the phrase "Travel Plan" is more particularly described in the ‘About’ section of the Travel Plan Portal), you may only upload material to the Travel Plan Portal that is necessary for the purposes of fulfilling the requirements for designing or developing such a Travel Plan.
   
   4.3.   If you are a designer or consultant, you will retain all of your ownership rights in any content you upload to our Travel Plan Portal, but you acknowledge and agree that such content will, when included in a Travel Plan as part of the relevant planning application, and when approved by the relevant local authority, be made available to the public by that local authority (via the Travel Plan Portal or otherwise), and not TfGM. As such, you further acknowledge and agree that TfGM will not be liable for any loss or damage that may arise from the content you provide being made available to the public.
   
   4.4.   If you are an assessor of Travel Plans at a local authority, you acknowledge and agree that you will not make any Travel Plan content available to the public on the Travel Plan Portal, without first ensuring that your local authority has first released the Travel Plan, as part of the relevant planning application, into the public domain, in accordance with your local authority’s procedures and when permitted in accordance with all applicable laws.
   
   4.5.   If you are a designer or consultant, you hereby grant to TfGM a non-exclusive, royalty free licence:
   
       4.5.1. to store and copy any content or materials that you upload to the Travel Plan Portal; and
   
       4.5.2. to display such content and materials on the Travel Plan Portal, once it has been approved by the relevant local authority and made available to the public.
   
   4.6.   We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Travel Plan Portal.
   
   4.7.   You are solely responsible for securing and backing up your content.


5. Viruses
   
   5.1.   We do not guarantee that our Travel Plan Portal will be secure or free from bugs or viruses.
   
   5.2.   You are responsible for configuring your information technology, computer programmes and platform in order to access our Travel Plan Portal. You should use your own virus protection software.
   
   5.3.   You must not misuse our Travel Plan Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Travel Plan Portal, the server on which our Travel Plan Portal is stored or any server, computer or database connected to our Travel Plan Portal (including, without limitation, the website tfgm.com). You must not attack our Travel Plan Portal (or any other website that we control) via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Travel Plan Portal (or any other part of any other website that we control) will cease immediately.


6. Freedom of Information
   
   6.1.   You acknowledge that TfGM:
   
       6.1.1. is subject to the requirements of the FOIA and the EIRs, and accordingly you shall co-operate with TfGM as reasonably requested to enable TfGM to comply with its information disclosure obligations under the FOIA and the EIRs; and
   
       6.1.2. may be obliged under the FOIA or the EIRs to disclose information you submit to the Travel Plan Portal without consulting with you, or obtaining your consent.
   
   6.2.   TfGM shall be responsible for determining in its absolute discretion, and notwithstanding any other provision of these terms of use, whether any information is exempt from disclosure in accordance with the provisions of the FOIA or the EIRs.
   
   6.3.   For the purposes of this clause 6:
   
       "EIRs" means the Environmental Information Regulations 2004 together with any guidance and/or codes of practice issued by the Information Commissioner or relevant Government Department in relation to such regulations; and
   
       "FOIA" means the Freedom of Information Act 2000 and any subordinate legislation made under this Act together with any guidance and/or codes of practice issued by the Information Commissioner or relevant Government Department in relation to such legislation.


7. Third party links and resources in our Travel Plan Portal
   
   Where our Travel Plan Portal contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.


8. Our right to vary these terms
   
   8.1.   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.
   
   8.2.   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.


9. Applicable law
   
   These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.


10. Contact us
    
    To contact us, please email: sustainable.journeys@tfgm.com.