1 TERMS & CONDITIONS
1.2 In these terms and conditions:
1.2.1 “Account” means the pre-paid account facility provided by this Website, to register and use our ANPR System and make pre-payments to credit your use of the Tyne Tunnels.
1.2.2 “Account Balance” the amount credited to your pre-paid Account at any time.
1.2.3 “ANPR System” means our automatic number plate recognition software system, which will enable you to access the Tyne Tunnels on a pre-paid basis, as further described in Clause 5 below.
1.2.4 “Auto Top-Up” the method of payment which triggers an automatic top-up of your Account Balance when your Minimum Balance Threshold is reached.
1.2.5 “BACS” means Bankers Automated Clearing Service, the electronic system to make payments direct from one bank account to another.
1.2.6 “Continuous Payment Authority” means the permission you give TT2 to take payments from your credit or debit card as and when due.
1.2.7 “Minimum Balance Threshold” the minimum balance set by you in accordance with Clause 12.1, which triggers an Auto Top-Up.
1.2.8 “Services” means the Account service, the provision of the ANPR System and any services available on the Website.
1.2.9 “Set Top-Up Amount” means the amount you agree for your card to be debited and by which your Account Balance will be credited, when your Minimum Balance Threshold is reached.
1.2.10 “Toll Charges” means the toll charges at the Tyne Tunnels as set out on our Website.
1.2.11 “Payment Service Interruption” means a temporary interruption to TT2’s payment facilities, which allow you to pay after your journey.
1.2.12 “Tyne Tunnels” means the two vehicular tunnels under the River Tyne that we operate.
1.2.13 “VRN” means your vehicle registration number plate, which we may collect and process as part of the ANPR System.
1.2.14 “we”, “us”, “our” and “TT2” is a reference to and means TT2 Limited, a company registered in England and Wales with number 06346957 with registered office at Tyne Tunnels, Wallsend, Tyne & Wear NE28 0PD.
1.2.15 “Website” means our website hosted at http://www.tt2.co.uk/; and
1.2.16 “you” and “your” is a reference to and means the individual customer, organisation or business using the Services.
1.3.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3.2 A reference to a party includes its personal representatives, successors and permitted assigns.
1.3.3 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
1.3.4 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.3.5 A reference to writing or written includes email, but not fax.
1.4 These terms and conditions regarding the use of the Website and applications for an Account constitute the entire agreement between us with respect to this Website and your use of the Services and supersede all prior communications and agreements between us, whether electronic, oral or written, regarding the subject matter contained in this Website. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement between us to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
1.5 The materials contained in this Website are provided for general information purposes only and do not claim to be or constitute legal or other professional advice. We do not warrant the accuracy of the information provided in it. To the fullest extent permitted by law, we do not accept any responsibility for any loss direct, indirect or consequential which may arise from accessing or reliance on information contained in this Website.
1.6 We may revise these terms and conditions without notice. It is your responsibility to regularly review the terms and conditions in case of any change. Continued use of the Website or your Account after a change will be deemed as acceptance of our terms and conditions in force at the relevant time, which you agree to comply with.
2 LEGAL NOTICE
2.1 The content of this Website is our exclusive property or that of our content suppliers and is, unless specifically stated otherwise, protected by copyright, and other intellectual property rights. It is published by us and may not be reproduced other than by downloading and viewing on a single personal computer and/or printing a single hard copy, for private non-commercial purposes only. It is not to be otherwise reproduced, transmitted, made available on a network, or used to create derivative works without our prior written consent. All our rights are reserved.
2.2 The trademarks, logos and service marks shown on the Website, unless otherwise specified, are our intellectual property (“IP”). No rights are granted to use our IP, without our prior written consent.
2.3 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not accept or undertake any responsibility or liability for access to or the material on any site which is linked from or to this Website. Please note, to the fullest extent permitted by law, we do not accept any responsibility or liability to you, if you purchase Tokens (as defined in clause 13.1) for passage through the Tunnels, via unauthorised third party applications, such as websites and apps.
3 DATA PROTECTION AND PRIVACY
4.1 Access to your Account will be gained by using the username and the password selected by you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your username, password, and Account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your Account or password.
4.2 You should be satisfied that you have assessed the security features of your computer and have determined that they are adequate to protect your interests and use of this Website.
4.3 You must tell us immediately by contacting our Customer Contact Centre if you believe that an unauthorised person knows your username or password or has access to your Account.
4.4 You should not access your Account from any computer connected to a local area network (LAN) or any public internet access device or access point without first making sure that no-one else will be able to observe or copy your access or access your Account pretending to be you.
4.5 We reserve the right to refuse service or terminate Accounts if we suspect unauthorised persons are attempting to access them.
4.6 You hereby agree to comply immediately with all reasonable requests by us or our agents or suppliers, in connection with these terms and conditions and/or the police, for assistance in trying to recover any losses or identify actual or potential breaches of security. We may disclose information about you or your Account to the police or other third parties if we believe it will help prevent or recover losses.
4.7 You agree that you are solely responsible for the performance and protection of any browser used in connection with this Website including the prompt adoption by you of all security patches and other security measures issued or recommended from time to time by the suppliers of such browsers, and we shall not be liable for any damage to/or reduction in the performance of your computer system or any part thereof by the installation and/or use of any browser version required to use this Website or any third party links.
5 AUTOMATIC NUMBER PLATE RECOGNITION SYSTEM
5.1 To use the Tyne Tunnels, you are required to register and use the ANPR System, which shall be subject to these terms and conditions. No such registration shall be binding on us until we have confirmed this to you by e-mail to the e-mail address you provide on your registration form.
5.3 As we use the ANPR System to calculate the Toll Charges due, you must tell us immediately by using your Account or by telephone if your vehicle is sold or stolen. We may ask you to provide a unique reference number (URN) or crime reference number (CRN) from the police or appropriate documentary evidence of the sale (as applicable) and, if we further request, to confirm the sale, cloning or theft in writing by post, email or via the Website. All post should be sent to our registered address (as set out in Clause 1.2.14 above).
5.4 Please note that if, in accordance with Clause 5.3, you choose to inform us by telephone or email that your vehicle is sold or stolen, it may take us up to 5 working days (being Monday to Friday, save for any UK Public Bank Holidays) to process that information and amend your Account. TT2 will not be liable for any losses until the 5 working day period has elapsed.
5.5 Toll Charges will continue to be calculated for your VRN if you do not update us when required in accordance with Clause 5.3 and (if applicable) for the period of processing set out in Clause 5.4. In those circumstances you will remain liable for any Toll Charges incurred by your vehicle and your Account will continue to be debited.
5.6 If you have sold your vehicle, you can register a new vehicle to your Account by updating your Account either online, by telephone or by writing to us at our registered address (as set out in Clause 1.2.14 above).
5.7 You agree to ensure that the VRN attached to your vehicle is clearly visible, not likely to be misread due to damage, deterioration or because the characters are obscured and complies with The Road Vehicles Regulations 2001. You must also comply with any signs, instructions and or signals, displayed on TT2 land or instructions given by TT2 staff.
5.8 If you fail to comply with the above, the ANPR system may not recognise your vehicle and we may issue an Unpaid Toll Charge Notice. The relevant charges are set out on our Website.
5.9 If you wish to dispute any of the Toll Charges that have been debited from your Account by way of the ANPR System, please contact us using the contact details set out on the Website. We will investigate the disputed payment(s) and will discuss this further with you. Any refund shall be given at our sole discretion and shall be credited to your Account.
6 TOLL CHARGES AND PAYMENTS
The Toll Charges are shown here. These prices include all applicable taxes. Toll Charges are subject to withdrawal or revision at any time after consultation with the Department for Transport. They will also be advertised locally. Toll changes are not set by TT2.
7 FRAUD CHECKS & CONSENT
By accepting these terms and conditions:
7.1 you acknowledge that we or our agents or suppliers may ask a third party to provide a credit/fraud report on the basis of the credit/debit card details and other personal details you provide as part of the standard procedure when you pay money to your Account, and you expressly consent to such checks being undertaken; and
7.2 you expressly consent to our card payment provider storing your card details, for the purposes of Auto Top-Up, pursuant to Clause 12 and/or the purposes of manual top up of your pre-paid Account pursuant to these terms and conditions.
This Website may include hyperlinks to sites operated by other parties, but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material and we accept no liability in respect of such sites. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on this Website.
9 USE OF ACCOUNTS
You agree to provide us accurate, and up to date information at all times, including as required by the registration forms on the Website and update and maintain the accuracy of such information.
10 USE OF THE WEBSITE
10.1 By using this Website, you agree and undertake not to use the Website to:
10.1.1 impersonate any person or organisation or falsely state or otherwise misrepresent yourself;
10.1.2 upload, publish or share any unsolicited or unauthorised material or advertising, or any personal or confidential information of any person or organisation, without their prior consent;
10.1.3 upload, share or otherwise make available any material that contains viruses or similar;
10.1.4 upload, share or otherwise make available any material which may be illegal, discriminatory in any way, of a sexual nature or otherwise offensive or harmful to other users of the Website or others;
10.1.5 upload, share or otherwise make available any material which is deliberately misleading or fraudulent;
10.1.6 use or attempt to use the Account of any other user without the consent of that user or our prior written authorisation; or
10.1.7 use, process or disseminate any of the information on this Website or profiles of any persons or other members for any purpose other than the purposes for which the information was provided.
10.2 The Services are provided by TT2. In the event that you have any cause for complaint with regard to the Services please click on the “Customer Service” icon at the top of the home page. We will investigate your complaint and try to resolve your complaint as soon as possible.
10.3 We do not guarantee that our Website will be secure or free from bugs or viruses and you are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
11 BASIS OF PAYMENTS TO ACCOUNTS
11.1 When you apply to create an Account and make your first pre-payment, it is an offer by you to purchase credit for the ANPR System in accordance with these terms and conditions.
11.2 Any agreement between you and us shall be subject to these terms and conditions, which supersede any other terms, and which govern your access of and use of the Website to the exclusion of any terms and conditions which you purport to apply, or which are implied by trade, custom or course of dealing. No terms or conditions transmitted by you will form part of any agreement or apply to your access to and use of the Website, simply as a result of such terms and conditions being communicated to us.
11.3 You must ensure that your Account details are complete and accurate.
11.4 Our employees or agents are not authorised to make any representation concerning the Website, or the ANPR System, unless confirmed by us by e-mail and you acknowledge that you do not rely on, and waive any claim for breach of, any such unconfirmed representation (unless such representation is made fraudulently).
12 AUTO TOP-UP
12.1 You can set Auto Top-Up on your pre-paid Account. Once activated, whenever your Account Balance falls below the set Minimum Balance Threshold (subject to a £5 minimum) your pre-paid Account will automatically be topped up with the Set Top-Up Amount (subject to a £10 minimum). It is your responsibility to ensure you have enough funds in your bank account to pay the Set Top-Up Amount and we accept no responsibility for any bank charges, penalties, or interest that you may be charged by your bank.
12.2 You may change the amount of your Auto Top-Up at any time, but it may never be below the £10 minimum, as referred to in Clause 12.1.
12.3 We will collect payment from the payment card assigned for Auto Top-Up payments, subject to the express consent you provide for our card payment provider to save your card details, in accordance with Clause 7.2.
12.4 As part of setting up Auto Top-Up, you will enter into a Continuous Payment Authority arrangement with us and your bank. This gives us permission to take Auto Top-Up payments from your debit/credit card when your defined Minimum Balance Threshold is triggered. Such payments are only required for Auto Top-Up to your Account.
12.5 Non-acceptance of your Continuous Payment Authority may be because we are unable to obtain authorisation from your bank for your payment or there is a system failure. You shall remain liable for payment of Toll Charges at all times.
12.6 We will send you an email each time a payment is taken from your bank account following an Auto Top-Up.
12.7 Payments will show up on your bank statement as “TT2 Limited”.
12.8 If your pre-paid Account has an Auto Top-Up setting and a vehicle associated with this Account is sold or stolen and not removed from the Account, you will be liable for any ongoing Auto Top-Up payments, until you cancel or amend your Account.
12.9 You may cancel, amend, or update your Auto Top-Up settings at any time on our Website.
12.10 If your bank rejects a payment requested on the basis of your Continuous Payment Authority, we will email you.
12.11 If your payment request is rejected, you will be required to manually top up your Account above the set Minimum Balance Threshold, in order to trigger the next Auto Top-Up.
12.12 We will contact you with updates, about your Auto Top-Up instruction and Continuous Payment Authority, using the email address registered to the Account.
12.13 You are responsible for regularly checking for emails from us and to ensure our emails are not sent to a junk mail folder.
12.14 You are responsible if you do not update your debit/credit card details and they have changed. If your payment fails, your Account will not be credited, and you may have insufficient funds for your journey.
12.15 We reserve the right to suspend, withdraw, amend, or terminate operation of the Auto Top-Up process at any time and we will use all reasonable endeavours to provide prior notification to you of such events.
12.16 Consequences of non-payment or low credit balances – YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE. It is your responsibility to keep your Account in credit. If you do not have enough money in your Account to cover the Toll Charges or do not pay the Toll Charges by another method in accordance with the requirements of the byelaws, you may be issued with an Unpaid Toll Charge Notice. Continued non-payment could result in late payment charges of up to £100 plus the Toll Charge, which may be pursued by an external third-party debt collection agency/legal team and, if necessary, recovered through the courts. Having an Account will not prevent an Unpaid Toll Charge Notice being issued, if your Account Balance is insufficient to cover the Toll Charges at the due time under the byelaws. PLEASE MONITOR YOUR ACCOUNT AND ENSURE YOU ALWAYS HAVE SUFFICIENT CREDIT.
13 PAY FOR PASSAGE USING TOKENS
13.1 In addition to making payment for your use of the Tyne Tunnels, via an Account, you may also buy electronic tokens for passage through the Tyne Tunnels (“Tokens”) on our Website. Please note that the purchase of Tokens is more expensive than using an Account. You may purchase Tokens, using the following payments methods:
13.1.1 via the Website;
13.1.2 the Tyne Tunnels mobile application (our “App”);
13.1.3 by telephone, using our automated interactive voice response line (our “IVR line”); and
13.1.4 recognised “Paypoint” retailers.
13.2 If you are using Tokens for your journey, you need to purchase one Token for each one-way passage. A return journey through the Tyne Tunnels requires two Tokens. You may purchase up to 10 Tokens at a time and it is your responsibility to check that you have enough Tokens for your journey. We have no obligation to monitor your use of Tokens and you will be liable if you do not have sufficient Tokens for your journey.
13.3 Tokens may be purchased before your journey and they will be allocated to your VRN. You may use the Tokens for a period of up to 12 months, from the date of purchase. Any Tokens not used in a 12-month period, will be cancelled and you will not be entitled to a refund.
13.4 You may also purchase Tokens after your journey, subject to the following:
13.4.1 you only have a limited time after your passage to pay the Toll Charges, otherwise you may be issued with an Unpaid Toll Charge Notice for non-payment of the Toll Charges; and
13.4.2 you must pay the Toll Charges for your passage, by midnight on the day after your journey and you will need to ensure you have sufficient Tokens on your account to enable payment within this time period.
13.5 By purchasing Tokens, you are deemed to warrant that (a) you are the registered keeper of the vehicle, to which the Tokens relate, or (b) you have the registered keeper’s consent to pay for Tokens and receive information about the vehicle and the balance of Tokens allocated to the VRN.
13.6 It is your responsibility to ensure that the VRN entered is correct. Any error may result in an Unpaid Toll Charge Notice being issued to the registered keeper of the vehicle for non-payment of the Toll Charges.
13.7 For confidentiality and data protection reasons, we are unable to show detailed passage information for a vehicle which has used this method of payment. If you require the ability to view the date and time that a passage was made, you must set up a prepaid Account.
13.8 If an Unpaid Toll Charge Notice is produced for the account holder or the registered keeper due to an account non-compliance the registered keeper has 28 days to provide representations (appeal) via the website function or post. If no representation (appeal) is provided within this timescale the appeals process will be exhausted.
14.1 You may cancel your use of the ANPR System at any time by writing to us at TT2 Limited, Tyne Tunnels, Wallsend, Tyne & Wear NE28 0PD and at your request, any unused credit (after deduction for our charges due pursuant to these terms and conditions) will be repaid to you by BACS or cheque.
14.2 We may cancel your agreement with us, pursuant to these terms and conditions and your use of the ANPR System, at any time by notice to you if you:
14.2.1 in our opinion have made fraudulent or any other unauthorised or illegal use of the ANPR System or other use not in accordance with these terms and conditions;
14.2.2 are in breach of any of these terms and conditions and such breach is incapable of remedy or, if capable of remedy, such default continues unremedied for 30 days after notice is given by us to you: or
14.2.3 have not used your Account for at least one year where use is defined as either making a top up payment or using your Account to pay for a Toll Charge.
14.3 If, following notice of cancellation under this Clause 14, you do not request a refund and provide repayment details within a period of 28 days, then you will not be entitled to a refund of any unused credit on your Account.
15 LIMITATION OF LIABILITY – YOUR ATTENTION IS DRAWN SPECIFICALLY TO THIS PARAGRAPH.
15.1 This Website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that our services via this Website will be available at any particular time or that your access to our Website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the Website or the services for any reason.
15.2 If there is a Payment Service Interruption, which may for example be a circumstance beyond our control, and we notify customers as such on our “news” section on the home page of the Website, you agree to make the payment of Toll Charges as soon as possible and, in any event, no later than 48 hours from the notification on our Website that the Payment Service Interruption has ceased.
15.3 If you are accessing the Website and Services as a business user:
15.3.1 all implied warranties and conditions are excluded to the maximum extent permitted by law;
15.3.2 we shall not be liable for any losses you suffer as a result of unauthorised access to your Account; and
15.3.3 we shall not be liable for (a) any loss of profit, data loss, loss of production or depletion of goodwill, or (b) any indirect loss, costs or expenses whatsoever in each case arising out of your use of our Website, your use of the Services or our failure to deliver services contained on the Website and our total liability for any losses arising out of your use of this Website, your use of the Services or our failure to deliver any such Services shall be limited to £50.00.
15.4 if you are accessing our Website to use the Services as consumer:
15.4.1 you have certain statutory rights. These statutory rights are not and will not be affected by any statement contained in these terms and conditions and in particular, any provision which has the effect of limiting our liability to you in the event that any Service is defective or fails to correspond with the description given to it on this Website shall not apply.
15.5 You warrant that you will not use this Website or any of the Services for any unlawful purposes or in a way that is prohibited by these terms and conditions.
If you are accessing this Website in the course of a business, you agree to indemnify us and to keep us indemnified (except to the extent caused by our negligence, fraud or wilful default) from all or any liability or damages we incur in contract, tort or otherwise towards a third party as a result of your use of this Website or any of the services accessible through your Account or any content published, uploaded or displayed by you on the Website.
17.1 We reserve the right to change these terms and conditions from time to time without prior notification.
17.2 Each of our rights or remedies is without prejudice to any other of our rights or remedies.
17.3 If any part of these terms and conditions is unenforceable (including any provision in which we exclude liability to you) the enforceability of any other part of these terms and conditions will not be affected.
17.4 The Website is operated and controlled from the United Kingdom and these terms and conditions, and your use of this Website are governed by and construed in accordance with the laws of England and Wales. By agreeing to these terms and conditions you consent to all disputes arising out of or relating to your use of this Website being decided only by the courts of England and Wales. If you are accessing this Website from another jurisdiction, it is your responsibility to ensure your compliance with the laws that apply to that jurisdiction.
17.5 All rights under the Contracts (Rights of Third Parties) Act 1999 are excluded.
17.6 Failure or delay by us in enforcing or partially enforcing any provision of these terms and conditions is not a waiver of any of our other rights and any waiver by us of any breach by you is not a waiver of any subsequent breach.
17.7 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms and conditions.