Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What’s in these terms?

These terms tell you the rules for using our website www.ourpass.co.uk (our site). Please read all of these terms carefully before using our site. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site and must not access any of the Exclusives (defined below).

We recommend that you print a copy of these terms for future reference.

In accepting these Terms, you give us permission to contact you by email, text message, or messaging you on your social media account (where you have provided such details), using the contact details you have provided, in relation to any of the Exclusives).

Please note that these terms do not cover any conditions of carriage or terms and conditions that may apply to any relevant transport operators, which may include bus operators or in the case of the Metrolink tram service, Transport for Greater Manchester (the passenger and transport executive for the combined authority area of Greater Manchester). The applicable terms and conditions can usually be found on the relevant bus operator’s website or the Metrolink tram service website.

In addition, these terms do not cover any conditions or terms which apply to the organisations providing the Exclusives. If you use any of the Exclusives you will be subject to any terms and conditions imposed by the provider of the Exclusive/Exclusives (Exclusive Provider).

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our Pass Travel Card and Exclusives

An ‘Our Pass’ card is a travel card issued by Transport for Greater Manchester (TFGM) for young people in the Greater Manchester area (Our Pass Card). Please see TfGM’s terms and conditions, which also relate to Our Pass.

The purpose of the Our Pass Card is to give young people greater access, through free bus travel and discounted Metrolink travel, to educational, leisure, social and cultural activities. The Our Pass Card can be used with a third party to enable access to special offers, discounts, activities and other items (Exclusive/Exclusives).

Our site promotes the Exclusives and gives you access to information about the Exclusives. The Exclusives are strictly subject to availability and any other specific restrictions that may apply. Please note that you may be subject to separate terms and conditions with other third parties for any Exclusive.

Key rules:

• Young people in the Greater Manchester area who meet the eligibility criteria in order to obtain a valid Our Pass Card are able to apply for the Exclusives on our site.
• If you do not meet the eligibility criteria then you will not be entitled to apply for or use an Our Pass Card and consequently you will not be entitled to apply for any of the Exclusives.
• You will not be eligible for the Our Pass Card if you no longer reside in Greater Manchester.
• Your Our Pass Card is valid up to the expiry date shown on the front of it and/or for as long as you continue to be eligible to use your Our Pass Card.  The Exclusives will cease when your Our Pass Card has expired or is invalid.
• Once you activate your Our Pass Card on our site you are entitled to access the Exclusives.
• You must update your personal details on our site if there is any change to the personal details you have provided previously.
• You promise that all information supplied by you when using our site is accurate.
• You must not allow another person to access the Exclusives. Your right to apply for the Exclusives on our site is not transferable.
• We may refuse to make available, or refuse to accept the continued use of, the Exclusives if we have reason to suspect that the Exclusives are, or will be, used for fraudulent or improper purposes or not in accordance with these terms.

• All Our Pass Cards remain the property of TfGM at all times and may be blocked by TFGM, and if blocked, will cease to function. This will mean you will no longer have access to the Exclusives on our site.
• If you report your Our Pass Card as lost or stolen, your Our Pass Card will be disabled and will be blocked and unusable. This may result in your access to the Exclusives being suspended until a new Our Pass Card has been obtained.

Who we are and how to contact us

www.ourpass.co.uk is a site operated by The Growth Company Limited (“We”). We are registered in England and Wales under company number 02443911 and have our registered office at Lee House, 90 Great Bridgewater Street, Manchester M1 5JW. Our main trading address is Lee House, 90 Great Bridgewater Street, Manchester M1 5JW. Our VAT number is 727102071.

We are a private company limited by guarantee without share capital.

To contact us, please email opportunities@ourpass.info.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy.  See further under How we may use your personal information.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

We may make changes to these terms

We may amend these terms from time to time and reserve the right to do so at our discretion. This includes but is not limited to: changes required 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.

Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time. This includes but is not limited to changes: required to reflect changes to the Exclusives on our site, changes to our users’ needs and our business priorities, changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system capabilities.

We may suspend or withdraw our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may transfer this agreement to someone else

We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms, at any time. We will ensure that the transfer will not affect your rights under the contract.

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.

Our site is only for users in England

Our site is directed to people residing in England. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

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 or record your sign in details in any way that may result in them becoming known to another person and take all reasonable precautions to prevent unauthorised or fraudulent use of them including restricting access to your computer (or other device) to prevent unauthorised access to your account.

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.

If you know or suspect that anyone other than you knows your user identification code or password, or if your user identification code or password are being, or are likely to be, used in an unauthorised manner, you must promptly notify us at opportunities@ourpass.info otherwise you agree to accept full responsibility for all activities that occur under your user identification code or password or any of your other sign in details.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of our site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on opportunities@ourpass.info.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. For the avoidance of doubt, this provision takes precedence over any conflicting provisions elsewhere in these terms.

We do not accept, and exclude any and all, liability in connection with the use of the Our Pass Card to access any Exclusive (including without limitation any losses that may be suffered by you or any damage that may be caused as a result of you accessing any Exclusive). In these circumstances, you should refer to the relevant party who provided the appropriate Exclusive and their relevant terms and conditions.

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 bus operator or any other operator of public transport (acting in their capacity as an operator, for that purpose) or any of the Exclusive Providers.

Further, we shall not be held responsible or liable for any acts carried out by you, as Our Pass Holders, when undertaking an Exclusive.

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.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you 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:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation;
5. any indirect or consequential loss or damage; or
6. waste of management or office time

provided that this will not prevent claims for direct loss that are not excluded by the points listed 1 – 6 above.

If you are a consumer user:

You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice we may have provided to apply an update offered to you free of charge or for damage that was caused by you failing to have in place the minimum system requirements advised by us or to correctly follow installation instructions.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us and other users of our site the following right to use that content: the right to use, store and copy that content and to distribute and make it available to third parties.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact opportunities@ourpass.info.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their 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.

Trademarks

There are trademarks on our site and we are either the registered owner of the trademarks or we have the relevant licences to use these trademarks. You are not permitted to use any of these trademarks without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

Waiver

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.

A waiver by us of any default will not constitute a waiver of any subsequent default.

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.

Severability

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.

Entire agreement

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.

TERMS & CONDITIONS: Transport for Greater Manchester

General terms and conditions for the application and use of an Our Pass card issued by Transport for Greater Manchester

1. 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 apply for and use an Our Pass smart card (“Our Pass card”) issued by TfGM (as defined in clause 1.3 below). When applying for and using an Our Pass card, you will be deemed to have accepted these Terms and accept and agree to adhere to the Code of Conduct (as set out in clause 8 below).

1.2 The purpose of the Our Pass card is to give young people greater access, through free bus travel and discounted Metrolink travel, to educational, leisure, social and cultural activities. In some cases the Our Pass card can be used with a third party to enable you to access special offers, discounts, activities and other items (an “Opportunity” or an “Exclusive”, and “Opportunities” and “Exclusives” shall be construed accordingly), which are strictly subject to availability and any other specific restrictions that may apply. Please note that you may be subject to separate terms and conditions with TfGM and/or other third parties for any Opportunity.

1.3 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.

1.4 Please note however that these Terms do not cover any conditions of carriage or terms and conditions that may apply to any relevant transport operators, which may include bus operators or in the case of the Metrolink (as defined in clause 2.1.2), TfGM. The applicable terms and conditions can usually be found on the relevant bus operator’s website or in the case of Metrolink, at www.tfgm.com/public-transport/tram.

1.5 Please read these Terms carefully before applying for and using your Our Pass card. It is your responsibility to be familiar with these Terms. The Terms include provisions which limit TfGM’s liability.

1.6 We may refuse to issue or we may withdraw your Our Pass card at our discretion and in accordance with these terms and conditions.

2. Eligibility

2.1 The Our Pass card entitles the user to:

2.1.1 free travel on any bus service operating within Greater Manchester that is participating in the Our Pass scheme;

2.1.2 discounted fares on the Metrolink tram service (“Metrolink“) of 50% off an adult price off peak 1-day Metrolink travelcard; and

2.1.3 discounted fares on the Metrolink of 50% off an adult price off peak weekend Metrolink travelcard.

2.2 For the purposes of these Terms, off peak travel is when you travel after 09:30am on weekdays or all day on weekends and bank holidays.

2.3 You will be eligible for an Our Pass card:

2.3.1 from 1 September after your 16th birthday (and you will be able to use your Our Pass card until 31 August after your 18th birthday or if your birthday is on 31 August, until your 18th birthday); and

2.3.2 if you are residing in Greater Manchester.

2.4 If you do not meet the eligibility criteria set out in clause 2.3 then you will not be entitled to apply for or use an Our Pass card.

2.5 To prove that you meet the eligibility criteria set out in clause 2.3 you will need to provide evidence of your eligibility. This means you will have to upload at least one document for each of the following criteria, both of which must also include your full name:

2.5.1 for proof of age, you must provide a copy of a passport, driving licence, birth or adoption certificate, NHS medical card, biometric residence permit, valid UK ID card, EU/EEA ID card or HM forces ID card; and

2.5.2 for proof of address, you must provide a letter or statement from your bank, building society, utility company, mobile phone provider or HMRC (all of which must be no more than 3 months old from the date of your application).

2.6 You will not be eligible for the Our Pass card if you no longer reside in Greater Manchester.

3. Applying for an Our Pass card

3.1 You can apply for an Our Pass smart card by using:

3.1.1 the Our Pass website (www.ourpass.co.uk) (“Website“); or

3.1.2 a form which can be obtained at a TfGM Travelshop (“Travelshop“).

3.2. Applications for an Our Pass card must be made by you as the user and applicant. If TfGM discovers or suspects that any application for an Our Pass card may have been made on a fraudulent basis, TfGM reserves the right:

3.2.1. to pass such evidence to the police;

3.2.2. to suspend and/or disable the Our Pass card relating to such application; and

3.2.3. to prevent the applicant who made such application to hold an Our Pass card.

3.3 Please note that you will be charged a non-refundable administration fee of £10 when applying for an Our Pass card. This fee will not be refunded if your application is rejected or if you lose your Our Pass card.

3.4 Applying for an Our Pass card through the Website or a Travelshop means that you will be required to provide us with personal data, so that we can associate your Our Pass card with you.

3.5 When applying for an Our Pass card you will be required to submit a photograph of yourself. The photograph on your Our Pass must be a true and current likeness of yourself and your Our Pass card may be taken away from you if this is not the case.

3.6 When applying for an Our Pass card in a Travelshop you will be required to provide an email address so details of your online account can be sent to you. You will then be able to access your online account through the Website.

3.7 Please make sure that you read our Privacy Policy (https://tfgm.com/privacy-policy) and Cookie Policy (https://tfgm.com/cookies) so that you are aware of what information (including personal data) we will collect from you when you apply for and use an Our Pass card and how such information will be treated.

3.8 In accepting these Terms, we may:

3.8.1 contact you to keep you updated on the Our Pass scheme and any Opportunities;  and

3.8.2 automatically enter holders of an Our Pass card into any prize draw competitions run by TfGM in connection the Our Pass scheme and any Opportunities.

Discretionary arrangements upon expiry of your Our Pass card

3.9 Subject to (i) TfGM’s entire discretion, and (ii) such eligibility criteria as we may specify from time to time, on expiry of your Our Pass card we may send to you a ‘Bee Network card, which will be automatically linked to a Bee Network online account in your name. The Bee Network card will be sent to the postal address that you provided to us when applying for an Our Pass card, unless you have provided us with an alternative address, or if we have otherwise been able to verify any change of address with you.

3.10 The Bee Network card sent to you in accordance with clause 3.9:

3.10.1 will be accompanied by an outline of how the card can be used for the purposes of Our Pass (which purposes shall be entirely at TfGM’s discretion); and

3.10.2 will otherwise be subject to the terms and conditions applicable to the use of such cards (which terms are available here: https://tfgm.com/tickets-and-passes/ways-to-pay/smart-card/terms

3.11 If you do not wish for your personal data to be associated with the Bee Network card that we send to you in accordance with clause 3.9, you may close the Bee Network online account that will have been created in your name, by contacting Customer Services (please see clause 4.8 for contact details). You will be under no obligation to use the Bee Network card that we send to you.   

3.12 If you close your online account in accordance with clause 3.11 above, please note that you will not be able to use your Bee Network card for the purposes of Our Pass, as referred to at clause 3.10.1 above (and, if applicable, you will lose access to any Exclusives).   

4. Creating an online account

4.1 To apply for an Our Pass card you will need to create an Our Pass online account. Please see section 3 for further information on how to apply for an Our Pass card.

4.2 If your application is successful, it will mean that your Our Pass card will be registered for the purposes of these Terms and you will be able to use the Our Pass card to:

4.2.1 travel for free on any bus service operating within Greater Manchester that is participating in the Our Pass scheme;

4.2.2 purchase discounted off peak 1-day and weekend Metrolink travelcards, which are only available for purchase at https://beenetwork.com; and

4.2.3 access Opportunities (subject to availability and any specific restrictions that may apply to any such Opportunities).

4.3 You confirm that you have authority to use the payment method or account details you provide for the purpose of applying for your Our Pass card.

4.4 If you are below 18 years old, and you are using a debit or credit card which is in the name of someone else, you must and will be deemed to have obtained appropriate consent from the debit or credit cardholder prior to using their card.

4.5 You promise that all information supplied by you in your application and when using your Our Pass card and online account is accurate.

4.6 When you create an Our Pass online account, you are responsible for maintaining the confidentiality of your Our Pass username and password combination (“Sign In Details“) and for restricting access to your computer (or other device) to prevent unauthorised access to your Our Pass online account.

4.7 You must keep your Sign In Details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them. You must not disclose your Sign In Details to any other person or record your Sign In Details in any way that may result in them becoming known to another person.

4.8 You agree to accept full responsibility for all activities that occur under your Our Pass online account, except where your online account has been accessed or used without your permission in cases where you have complied with clause 4.7. You should inform us immediately if you have any reason to believe that your Sign In Details have become known to anyone else, or if the Sign In Details are being, or are likely to be, used in an unauthorised manner, by contacting our Customer Services on 03000 035 035 or by emailing us at customerservices@ourpass.co.uk (“Customer Services“).

4.9 You must notify us of any change of personal details you provide, either by updating those details using your Our Pass online account, by contacting Customer Services or by visiting a Travelshop. Please note that if you wish to notify us of a change of name or address, you will need to call Customer Services.

5. Receiving your Our Pass card

5.1 Once you have set up your Our Pass online account, you will receive email confirmation that your application has been received and is being processed.

5.2 Once your application has been processed you will receive another email to confirm whether your application has been accepted or rejected. Subject to your application being successful, your Our Pass card will usually be sent to you within 5-7 working days using Royal Mail Second Class delivery service, unless:

5.2.1 we withhold posting your Our Pass card to you until you are eligible to use your Our Pass card; and

5.2.2 there are exceptional circumstances which will be specified when applying. Please note that we cannot accept responsibility for Our Pass smart cards once received by Royal Mail.

5.3 If your Our Pass card is not delivered to you within 7 working days, or the time specified to you, you should report this immediately by telephoning our Customer Services team.

5.4 Where we have incorrectly issued an Our Pass card, please contact our Customer Services team.

5.5 Please note that replacement Our Pass cards and travelcards cannot be collected at Travelshops, third party retail outlets or from bus operators.

5.6 An Our Pass card reported by you as lost in the post will be treated as lost if it has not been received by you within 15 working days of your order. If there is no proof that the original Our Pass card was delivered to you, the original card will be blocked and a new card will be issued to you.

5.7 Please note that it is your responsibility to ensure that the delivery address provided as part of your application is complete, accurate, secure and suitable for accepting Royal Mail deliveries. We do not accept any responsibility for failure to deliver Our Pass cards to incomplete, inaccurate or insecure addresses.

5.8 Unfortunately, we do not deliver Our Pass cards to addresses outside the UK.

6. Risk and title

6.1 The use of your Our Pass card will be at your own risk from the time that your Our Pass card is delivered to you.

6.2 All Our Pass cards remain the property of TfGM at all times, and may be blocked (with the effect that the Our Pass card will cease to function if we believe the Our Pass card has been lost, altered, tampered with, misused or stolen.

6.3 If your Our Pass card is blocked, you will need to contact Customer Services who will advise you on the reason why and provide further assistance.

7. Using your Our Pass card

7.1 If you are travelling on a bus service within Greater Manchester that is participating in the Our Pass scheme, the presentation of your Our Pass card will be determined by the conditions of carriage and/or passenger regulations of the operator providing the bus service, but you will nevertheless be required to hold your Our Pass card on the touchplate of, and wait for an audible response from, the smart reader equipment located on the bus where you begin your journey (this is known as ‘touch in’) at the electronic ticket machine provided on the relevant bus service.

7.2 Please note that you may be required to state your destination to any ticket inspector, driver or other member of staff or agent of the relevant bus operator and that if you use your Our Pass to travel on a bus service within Greater Manchester which then crosses into another local authority area, you may be required to have in your possession another form of valid ticket or pass entitling you to travel outside of Greater Manchester.

7.3 If you are travelling on the Metrolink, you must touch in and also hold your Our Pass card on the touchplate of the smart reader where you finish your journey (this is known as ‘touch out’) at each appropriate Metrolink stop.

7.4 Please note that you may be asked to present your Our Pass card (and if travelling on Metrolink, you may be asked to validate your travelcard) to any ticket inspector, customer service representative, staff or agent of TfGM, the Metrolink or a relevant bus operator.

7.5 If you do not have a valid Our Pass card or Metrolink travelcard with you when you travel, you must buy a full price ticket for your journey (or have in your possession another form of valid ticket or pass, entitling you to travel). For clarification, any tickets bought in such circumstances are non-refundable and in the event that you travel without a valid Our Pass card or full price ticket then you may be liable for a fine.

7.6 You must not allow another person to use your Our Pass card. Your right to free or discounted travel is not transferable. Your Our Pass does not cover the travel of carers or companions.

7.7 When using your Our Pass, you must also comply with the Code of Conduct, as set out in clause 8, and observe the appropriate passenger regulations, conditions of carriage and byelaws applicable to your journey (including those of any relevant third party). We may refuse to make available, or refuse to accept the continued use of, an Our Pass card if we have reason to suspect that such an Our Pass card has, or will be, used for fraudulent or improper purposes or not in accordance with these Terms or the Code of Conduct. TfGM reserves the right to block any Our Pass cards in order to make them unusable in such circumstances.

7.8 Your Our Pass is valid up to the expiry date shown on the front of it and/or for as long as you continue to be eligible to use your Our Pass card or until we decide otherwise.

7.9 Your Our Pass is not valid if it is damaged or altered in any way.

7.10 Your Our Pass can be taken from you if it is not used in compliance with these Terms and/or the Code of Conduct.

7.11 If you are told that your Our Pass is no longer valid for travel, you must pay for your journey. TfGM or the bus operator may retain your Our Pass card in such circumstances, and you should contact Customer Services to request a replacement.

7.12 You must contact Customers Services immediately if:

7.12.1 your Our Pass is lost or stolen or you move home;

7.12.2 you believe your Our Pass is faulty (for example, it is frequently rejected by smart readers); or

7.12.3 you are no longer eligible for an Our Pass.

7.13 Do not use your Our Pass card after it has expired or has been replaced.

7.14 Do not damage or deface your Our Pass card. If you do it may be taken away from you and you will have to apply for a replacement, which you will have to pay for.

7.15 Your Our Pass card is not a valid ticket on Metrolink unless a Metrolink travelcard has been loaded on to it and where such travelcard covers the journey you are making on Metrolink at that time.

7.16 For the avoidance of doubt, Our Pass cards and Metrolink travelcards do not offer a guaranteed place on any particular route or mode of transport. Seats are allocated on a first come first served basis, or in accordance with the relevant bus operator’s or Metrolink conditions of carriage, or in accordance with the policies of TfGM (as appropriate). Our Pass cards and Metrolink travelcards do not guarantee the availability, or the accuracy of any timetabling, of any bus or Metrolink service.

7.17 Metrolink travelcards will be sold subject to their own particular terms and conditions. Before purchasing any Metrolink travelcards, please read carefully the terms and conditions that apply to them at https://tfgm.com/tickets-and-passes/ways-to-pay/smart-card/terms

7.18 If your Our Pass does not work or if you purchase a Metrolink travelcard that does not work correctly, please contact our Customer Services team.

7.19 TfGM may at its own discretion block and disable any Our Pass card that has not been used for a period of 2 years. Once an Our Pass card has been blocked in such circumstances, it will become unusable and you will have to apply for a new one if eligible to do so.

8. Code of Conduct

8.1 A code of conduct applies to anyone using an Our Pass card (“Code of Conduct“). The Code of Conduct is set out below and it your responsibility to ensure that you understand and comply with it. This means that you will be expected to:

8.1.1 respect and treat others, including travelling members of the public and members of staff, as you would like to be treated;

8.1.2 behave in a considerate manner;

8.1.3 act safely and responsibly;

8.1.4 not smoke, use an electronic cigarette or consume any alcoholic drink or drugs; and

8.1.5 avoid any behaviour that may upset others. This includes doing things like littering, playing music too loud or using any language that may cause offence to others.

8. 2 If you fail to comply with the Code of Conduct then you may lose your Our Pass card. This can happen if you breach the Code of Conduct on three occasions, or less if there is a serious breach. Examples of what may constitute a serious breach of the Code of Conduct include any:

8.2.1 form of hate crime;

8.2.2 use or threats of violence towards others;

8.2.3 tampering with or damaging any property;

8.2.4 antisocial or criminal behaviour of any kind, including breaching any appropriate bye-laws.

8.3 If we become aware that you have failed to comply with the Code of Conduct then a record will be made, detailing the incident and when it occurred. We will be entitled at our discretion to determine the severity of the breach and withdraw your Our Pass card as we see fit.

8.4 If you fail to comply with this Code of Conduct then you will no longer be entitled to the benefits set out in clause 2.1, your Our Pass card may be blocked and you may be asked for it to be returned to a Travelshop or handed in to an appropriate member of staff.

8.5 You may be able to earn your Our Pass card back by:

8.5.1 volunteering in your local community;

8.5.2 taking part in some form of restorative justice or some other form of rehabilitation; and

8.5.3 attending an educational session hosted by the Greater Manchester Travelsafe Partnership.

8.6 If you contact us to ask for your Our Pass card to be reinstated, we will let you know how you can earn your Our Pass card back and assist you with that process where appropriate.

8.7 The earn-back or return of any Our Pass card is at TfGM’s entire discretion and is subject to you having successfully participated in at least one of the activities set out in clause 8.5.

9. Lost and Stolen Our Pass cards

9.1 Your Our Pass card is an item of value and should be looked after as if it were cash. If your Our Pass card is lost or stolen, please notify us immediately by using the Website or by contacting our Customer Services. When reporting your Our Pass card as lost or stolen, you will be required to provide us with suitable proof of your identity (the suitability of which shall be at our absolute discretion).

9.2 If you report your Our Pass card as lost or stolen, we will disable and block your Our Pass card and you will need to obtain a new Our Pass card. For clarification, once an Our Pass card has been blocked, it will become unusable and any travelcards that you have purchased (irrespective of whether they have been loaded on to your Our Pass card) will no longer be available.

9.3 You are advised to ensure that, as an item of value, your Our Pass card and the value of any travelcards stored on it are insured against loss or theft through your own household insurance policy.

9.4 We may charge an administration fee of £10 for a replacement Our Pass card.

10. Closing your Our Pass online account

10.1 If you wish to close your Our Pass online account please contact Customer Services.

10.2 When you apply to close your Our Pass online account, you will be required to provide us with suitable proof of your identity (the suitability of which shall be at our absolute discretion).

10.3 The closure of your Our Pass online account will result in your Our Pass card being disabled and blocked. Once an Our Pass card has been blocked it will become unusable, and any travelcards that you have purchased (irrespective of whether they have been loaded on to your Our Pass card) will no longer be available.

11. Our liability

11.1 Subject to clause 11.4, we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories:

11.1.1 loss of income or revenue;

11.1.2 loss of business;

11.1.3 loss of profits;

11.1.4 loss of anticipated savings; or

11.1.5 waste of management or office time, provided that this clause 11.1 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 11.1.1 to 11.1.5. 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 bus operator or any other operator of public transport (acting in their capacity as an operator, for that purpose).

11.2 For the avoidance of doubt, TfGM does not accept, and excludes any and all, liability in connection with the use of the Our Pass to access any Opportunity or Exclusive (including without limitation any losses that may be suffered by you or any damage that may be caused as a result of you accessing any Opportunity or Exclusive). In these circumstances, you should refer to the relevant party who provided the appropriate Opportunity or Exclusive and their relevant terms and conditions.

11.3 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.

11.4 Nothing in these Terms affects your statutory rights or excludes or limits our liability for:

11.4.1 death or personal injury caused by our negligence;

11.4.2 fraud or fraudulent misrepresentation;

11.4.3 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

12. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  Further information about this can be found in our Privacy Policy as set out in clause 3.7. This condition does not affect your statutory rights.

13. Notices

All notices or communications given by you to us must be given to TfGM at Our Pass, PO Box 5466, Manchester M61 0LS, or by email using the following email address: customerservices@ourpass.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when you apply for your Our Pass card.  Notices will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.

14. Transfer of rights and obligations

14.1 Upon applying for an Our Pass smart card, these Terms are binding on you and us and on our respective successors and assignees.

14.2 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.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time.

15. Waiver

15.1 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.

15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

15.3 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 12 above.

16. Severability

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.

17. Entire agreement

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.

18. Our right to vary these Terms

18.1 We have the right to revise and amend these Terms at our discretion 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.

18.2 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.

18.3 A copy of the most up to date Terms will be available on our Website.

19. 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.