1 Our Terms & Conditions
1.2 In these terms and conditions:
1.2.1 “Account” means the facility provided by this Website to order a Tag, register to use our ANPR System and make pre-payments to credit your use of the Tyne Tunnel;
1.2.2 “ANPR System” means our Automatic Number Plate Recognition software system which will enable you to access the Tyne Tunnel on a pre-paid basis instead of using a Tag, as further described in Clause 6 below;
1.2.3 “BACS” means Bankers Automated Clearing Service, the electronic system to make payments direct from one bank account to another.
1.2.4 “Services” means the Account service, the provision of the Tag, the provision of the ANPR System and the information services available on the Website;
1.2.5 “Tag” means a permit issued by us for use of the Tyne Tunnel on a pre-paid basis as further described in Clause 5 below, which is to be replaced by the ANPR System;
1.2.6 “Toll Charges” means the toll charges at the Tyne Tunnel;
1.2.7 “Tyne Tunnel” means the three tunnels under the River Tyne that we operate;
1.2.8 “Vehicle Registration Number” means your vehicle registration number plate, which we may collect and process as part of the ANPR System;
1.2.9 “we” and “our” means TT2 Limited, a company registered in England and Wales with number 06346957 with registered office at Tyne Tunnels, Wallsend, Tyne & Wear NE28 0PD;
1.2.10 “Website” means our website hosted at http://www.tt2.co.uk/
1.2.11 “you” means the individual customer, organisation or business using the Services; and
1.2.12 headings shall not affect interpretation.
1.3 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.
1.4 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. We do not accept any responsibility for any loss which may arise from accessing or reliance on information contained in this Website.
1.5 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 after a change will be treated as acceptance of the change by you.
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 rights reserved.
2.2 The trade marks, logos and service marks shown on the Website, unless otherwise specified, are our trade marks. No rights are granted to use any of them without our prior written consent.
2.3 All links to this Website must go to www.tt2.co.uk. Please do not link directly to any other pages on this Website. 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.
2.4 This notice is made by TT2 Limited.
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 Service Department 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 HSBC Group 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.
5.1 Our provision of Tags is being replaced by the ANPR System, which is set out in further detail at Clause 6 below. If we contact you regarding the cancellation of your Tag and your use of the ANPR System, you are advised to read Clause 6 carefully. No term in this agreement will limit or otherwise restrict your right to cancel your Account, in accordance with Clause 13 below.
5.2 We do not anticipate issuing any further Tags. However, in the circumstance that we do so, we will deliver your Tag to you to the address given on the new account registration form as soon as possible after your order is accepted and in any event within 28 days. You shall:-
5.2.1 install the Tag on the vehicle;
5.2.2 only use the Tag on and for the class of vehicle stated on the Account application;
5.2.3 not sell, dispose of, damage or tamper with the Tag or use the Tag fraudulently or illegally;
5.2.4 exercise all possible care to ensure the Tag is not lost, stolen or misused. If the tag is lost or stolen, please contact TT2 immediately and we will invalidate the tag to protect your credit. A replacement tag is available at a cost of £11.50p.
5.2.5 give us all information in your possession regarding any loss, theft or misuse of the Tag and take all steps we consider necessary to assist in the Tag’s recovery;
5.2.6 not use the Tag otherwise than in accordance with these conditions; and
5.2.7 ensure the Account is in credit and if the Tag or equipment fails, or otherwise, pay the Toll Charges in cash at the toll lane.
5.3 The Tag remains our property at all times. The Tag must be returned to us by registered post or delivered by hand to us if:-
5.3.1 we notify you that we intend to replace the Tag;
5.3.2 we are notified that the Tag is lost, stolen or liable to be misused and it is then retrieved;
5.3.3 you notify us that there is a fault with the Tag; or
5.3.4 this agreement is cancelled/terminated either by you or us.
5.4 We will charge you for the Tag if it is returned damaged or tampered with or is not returned to us within twenty-eight days of:-
5.4.1 In the case of Clause 5.3.1, us notifying you;
5.4.2 In the case of Clause 5.3.2 or 5.3.3, you notifying us;
5.4.3 In case of Clause 5.3.4, the date of cancellation/termination. Such charges reflecting the cost of the Tag and our administrative expenses may be deducted from any credit that is on your Tag. Current charges are £7.00 for an exempt tag, £11.50 for a class 2 or class 3 tag.
5.5 While we endeavour to hold sufficient Tags to meet all applications, if we have insufficient stock to deliver a Tag ordered by you, we will refund to you funds held to your credit as soon as possible and in any event within 30 days of acceptance of your order. We will not be liable to you for any or compensation in the event that we are unable to supply you with a Tag.
5.6 No order for a Tag is binding on us until we have confirmed your order by e-mail to the e-mail address you provide on your registration form.
5.7 You will not be able to use the Tag or funds credited to your Account until you receive the Tag device from us pursuant to Clause 5.1.
6. AUTOMATIC NUMBER PLATE RECOGNITION SYSTEM
6.1 We may require you to register to use the ANPR System instead of a Tag, 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.
6.3 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, stolen or is you have reason to believe that your Vehicle Registration Number may have been cloned. 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 or via the Website. All post should be sent to our registered address (as set out in clause 2.4 above).
6.4 Please note that if, in accordance with clause 6.3, you choose to inform us by telephone that your vehicle is sold or stolen or that the Vehicle Registration Number may have been cloned, 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.
6.5 Toll Charges will continue to be calculated for your Vehicle Registration Number if you do not update us when required in accordance with clause 6.3 and (if applicable) for the period of processing set out in clause 6.4. In those circumstances you will remain liable for any Toll Charges incurred by your vehicle and your Account will continue to be debited.
6.6 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 2.4 above).
6.7 You agree to ensure that the Vehicle Registration Number 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 (Display of Registration Marks) Regulations 2001 (as amended). If you fail to do so, the ANPR System may not recognise your vehicle and you may be required to pay the Toll Charges in cash at the toll lane or a penalty charge.
6.8 Whilst we shall use reasonable efforts to ensure that the ANPR System is in full working order, from time to time there may be errors, faults or other disruption in the ANPR System that we shall seek to resolve as soon as practically possible. We shall not be responsible or otherwise liable to you in that circumstance. You therefore agree to ensure that your Account is in credit or, if the ANPR System fails for any reason, to pay the Toll Charges in cash at the toll lane.
6.9 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.
7. TOLL CHARGES AND PAYMENTS
The Toll Charges are shown here. This price includes all applicable taxes. Toll Charges are subject to withdrawal or revision at any time without notice before we issue the Tag.
8. FRAUD CHECKS
You acknowledge that we or HSBC Group 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 for money to be added to your Account.
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.
10. USE OF ACCOUNTS
You agree to:-
10.1.1 provide accurate, and up to date information as required by the registration forms on the Website; and
10.1.2 update and maintain the accuracy of such information.
11. USE OF THE WEBSITE
By using this Website, you agree and undertake not to use the Website to:-
11.1 impersonate any person or organisation or falsely state or otherwise misrepresent yourself;
11.2 upload or share any unsolicited or unauthorised material or advertising;
11.3 upload, publish or display any personal or confidential information of any person or organisation without their prior consent;
11.4 upload, share or otherwise make available any material that contains viruses or similar;
11.5 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;
11.6 upload, share or otherwise make available any material which is deliberately misleading or fraudulent;
11.7 intimidate or harass any person or organisation;
11.8 use or attempt to use the account of any other user without the consent of that user or our prior written authorisation; or
11.9 use, process or disseminate any of the information on this Website or on the profiles of other members for any purpose other than the purposes for which the information was provided.
The Services are provided by TT2 Limited. 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.
12. BASIS OF PAYMENTS TO ACCOUNTS
12.1 When you apply to create an Account and make your first pre-payment, it is an offer by you to purchase credit for your Tag and/or the ANPR System (as applicable) in accordance with these terms and conditions.
12.2 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.
12.3 You must ensure that your account details are complete and accurate.
12.4 Our employees or agents are not authorised to make any representation concerning the Website, Tag 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).
12.5 We reserve the right to place restrictions on the volume of Tags ordered and/or the use of the ANPR System.
13.1 You may cancel your Tag or your use of the ANPR System at any time by writing to us at TT2 Ltd, Tyne Tunnels, Wallsend, Tyne & Wear NE28 0PD and at your request any unused credit after deduction for any lost Tags (if applicable) will be repaid to you by BACS or cheque.
13.2 If applicable, you must return your Tag in accordance with Clauses 5.2 and 5.3.
13.3 We may cancel this agreement and your Tag or use of the ANPR System at any time by notice if you:-
13.3.1 in our opinion have made fraudulent or any other unauthorised or illegal use of the Tag, ANPR System or other use not in accordance with these conditions; or
13.3.2 are in breach of any of these conditions if such a breach is incapable of remedy or, if capable of remedy, such default continues unremedied for 30 days after notice is given by us; or
13.3.3 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.
13.4 if, following notice of cancellation under this Clause 13 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.
14. LIMITATION OF LIABILITY
Your attention is drawn specifically to this paragraph.
14.1 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.
14.2 If you are accessing the Website and Services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.
14.3 We shall not be liable for any losses you suffer as a result of unauthorised access to your Account.
14.4 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, use of your Tag and 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.
14.5 However, if you are accessing our Website to use the Services otherwise than in the course of a business, you have certain statutory rights as a consumer 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).
14.6 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.
16.1 We reserve the right to change these terms and conditions from time to time. This right shall not affect the existing terms and conditions accepted by you at the time you accessed our Website or opened an Account which shall govern our contractual relationship with you in respect of that access or the Services.
16.2 Each of our rights or remedies is without prejudice to any other of our rights or remedies.
16.3 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.
16.4 This 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.
16.5 All rights under the Contracts (Rights of Third Parties) Act 1999 are excluded.
16.6 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.
16.7 Any waiver by us of any breach by you is not a waiver of any subsequent breach.