TAG Account Terms & Conditions

1. Our Agreement

i. These conditions apply to your application for and use of a TAG account and are the sole agreement between us. These conditions supersede any Terms & Conditions which previously governed any agreement between us.

ii. Midland Expressway Limited (MEL) must receive the initial payment for your account before your application can be accepted. Once your initial payment has been received MEL will confirm that your application has been accepted by sending a letter to you at the address you provide in your application. Our acceptance of your application constitutes a legally binding agreement between us on these conditions.

iii. For the avoidance of doubt, persons eligible for an exemption from the payment of a Toll are not entitled to the exemption when using a TAG.

2. Definitions and Interpretations

i. The following words and expressions shall have the following meanings:- “Acceptance” means acceptance by MEL of your application to open a TAG account (if you purchased a Quick Start TAG) or to receive a TAG and open a TAG account (if you are a new customer), in accordance with Clause 1.2; “Electronic Statement” means the on-line statement of your TAG account, which can be accessed using your TAG Account Details at the MEL Web Site; “Equipment” means all equipment used by MEL to operate the automatic vehicle identification system other than the TAG; “Event of Default” means any act or omission on the part of MEL falling within Clause 14.1; “M6 Toll” means the M6 Toll motorway operated and maintained by MEL; “MEL” means Midland Expressway Limited a company incorporated in England with registered number 2309767 (including its successors and assigns) or, where appropriate, persons authorised by such company; “MEL Address” means Operations Centre, Express Way, Weeford, Lichfield, Staffordshire, WS14 0PQ; “MEL E-mail” means the MEL e-mail address, customer.services@m6toll.co.uk “MEL Fax” means the MEL facsimile number, 01543 267001; “Method of Payment” means a payment made by MasterCard, Visa, or such other methods of payment as MEL may accept from time to time; “Privacy Policy” means MEL’s policy governing the provision, use and protection of the information provided by you. A copy can be found above, as well as on the M6 Toll web site; “TAG” means the transponder to be affixed to your vehicle to operate the electronic toll collection system according to these conditions; “TAG Account Details” means your personal TAG account login name and password; “TAG Administration Charge” means the minimal monthly charge payable by TAG holders, in respect of the costs of the administration of the TAG account and the individual TAG lease fee (which rates are set out on the Web Site or are available upon request); “TAG Credit” means the pre-paid amount, which can be used to pay the Tolls levied on the M6 Toll; “Quick Start TAG” means the off-the-shelf MEL product containing a TAG with Toll credit; “TAG User Guide” means the user manual provided with your TAG including instructions for installation and a guide to using the TAG. “Tolls” means the tolls leviable by MEL under the terms of the New Roads and Street Works Act 1991 which rates are set out on the Web Site or are available on request and include any and all relevant taxes and duties; “Toll Class” means the different classes of vehicles a list of which is set out on the Web Site; “us” means MEL and you together; “Web Site” means MEL’s web site on the World Wide Web at URL www.m6toll.co.uk or such other URL as MEL may use from time to time; and “you” and “your” means the person applying for or issued with the TAG by MEL under these conditions.

ii.   Reference to statutes or statutory provisions or rules include references to any orders, regulations or bye-laws made thereunder and references to any statute, statutory provision or rules or orders or regulations made thereunder include that statute, statutory provision, rules order or regulation as amended, modified, re-enacted or replaced from time to time.

3. Withdrawal By You From The Contract

i.   The terms of this Clause 3 shall apply to you only where you are dealing as a consumer (as such term is defined in Section 12 of the Unfair Contract Terms Act 1977) and are making an application for a TAG.

ii.   Subject to Clause 3.6, you may withdraw your application for the TAG account at any time up to the end of the eighth working day after Acceptance even if you have already received the TAG or own a TAG from a Quick Start TAG. You do not need to give MEL any reason for withdrawing your application nor will you have to pay any penalty. 3. To withdraw your application you must notify MEL in writing at the MEL Address. 4. If you are a new customer and you have received the TAG before you withdraw your application you must send it back to the MEL Address at your own cost and risk. If you withdraw your application but MEL has already processed the TAG for delivery you must not unpack the TAG when it is received by you and you must send the TAG back to MEL at the MEL Address at your own cost and risk as soon as possible. 5. Once you have notified MEL that you are withdrawing your application, any sum held by MEL to your credit shall be refunded to you as soon as possible and in any event within 30 days of your application PROVIDED THAT the TAG is returned by you and received by MEL in the condition it was in when delivered to you. If you do not return the TAG delivered to you in the condition it was in when delivered to you or when purchased in your Quick Start TAG, or you do not pay the costs of delivery, MEL shall be entitled to deduct the direct costs of recovering the TAG from any amount to be refunded to you. 6. You should be aware that once you use the TAG in any way, including, without limitation, on the M6 Toll, unless we agree otherwise, you will no longer have the right under Clause 3.2 to withdraw your application within eight days of Acceptance.

4. Provision and Use of TAG

i. MEL will deliver the TAG ordered by you (being a new customer) to the address given on your application form as soon as possible after your application is accepted and in any event within 30 days of Acceptance. Delivery shall be free of charge.

ii. If you purchased a Quick Start TAG and you successfully apply for a TAG account MEL shall credit your TAG account with £5 (in consideration of the deposit which you paid when you purchased the Quick Start TAG), plus any outstanding TAG Credit which remains on your TAG.

iii. Both new TAG customers and existing Quick Start TAG customers shall:- (a) install the TAG on the vehicle as directed by MEL in the TAG User Guide;(b) not sell, dispose of, damage or tamper with the TAG or use the TAG fraudulently or illegally; (c) exercise all possible care to ensure the TAG is not lost, stolen or misused; (d) give MEL all information in your possession regarding any loss, theft or misuse of the TAG and take all steps MEL consider necessary to assist in the TAG’s recovery; and (e) not use the TAG otherwise than in accordance with these conditions.

iv. While MEL endeavours to hold sufficient TAGs to meet all applications, if MEL has insufficient stock to deliver a TAG ordered by you, it will refund to you funds held to your credit as soon as possible and in any event within 30 days of Acceptance. MEL will not be liable to you for any or any additional compensation by reason that it is unable to supply you with a TAG.

v. Certain vehicles are equipped with metallic, also known as “re-radiating”, windscreens. Instructions for the installation of a TAG in a vehicle with this type of windscreen are contained in the TAG User Guide. MEL will not be responsible for the operation of a TAG if it is not correctly fitted.

vi. If a vehicle is used with or without a trailer and thus the declared Toll Class is modified, MEL will charge the corresponding Toll.

vii. In the case of a technical problem which prevents the automatic recognition of the TAG, MEL reserves the right to charge the relevant Toll based on the registration number of the vehicle.

viii. MEL reserves the right to suspend the use of a TAG that is not fixed in accordance with the TAG User Guide.

5. Notification of Misuse, Theft or Loss

i. If the TAG is faulty, lost, stolen or is otherwise in any way liable to misuse, you must immediately notify MEL by telephone on 0330 660 0790 (lines open office hours) or by the MEL Fax or by the MEL E-mail and such notification must be confirmed in writing in accordance with Clause 10.3. Until MEL receives such confirmed notification you will remain liable for any use of the TAG.

ii. Once the TAG is notified faulty, lost, stolen or liable to misuse you shall make no further use of the TAG. If the TAG is retrieved, the provisions of Clause 8 apply.

iii. MEL reserves the right to charge an administration fee for the replacement of a TAG which has been lost or mislaid.

iv. If you discover that a TAG has been ordered or money has been credited to your TAG account by someone using your credit card who is not authorised to do so, MEL will refund to you the money it receives provided that: (a) you inform your credit card company and MEL of the unauthorised order or credit as soon as you discover it; and (b) you co-operate with your credit card company, MEL and, if necessary, the police in relation to the unauthorised use.