c2c Train Travel app Terms and Conditions

1. GENERAL
   This Application is provided by Trenitalia c2c Limited, trading as c2c (“c2c”, “we” or “us”) to offer services related to c2c’s services and it’s partners’ services, including any upgrades to it made available from time to time (together, the “Application”). By installing and using the Application, you acknowledge and agree that you have read and agree to be bound by these terms of use. Please review them carefully before installing and/or using the Application. If you do not accept these terms of use, please do not install or use the Application.

2. USAGE AND AVAILABILITY
   The Application is provided to you free of charge and on an ‘as is’ basis, without any representations or warranties, express or implied. We do not guarantee that the Application will be suitable for your needs, or that it will work accurately or in a particular way. We will endeavour to keep the information on the Application complete, accurate and/or up to date. However, due to the nature of the information being provided, information contained in the Application, or shared through push notifications, may quickly become out-of-date. You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside our reasonable control.
   Without prejudice to the generality of the above paragraph, we do not warrant that:

• the Application, or the information on the Application, will be available all of the time; or
• the operation of the Application will be error-free; or
• the information on the Application is complete, true, accurate and/or up-to-date.

3. LIMITATION OF LIABILITY
   Under no circumstances will we be liable to you or any other person for any loss of profits, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, whether based on breach of contract, tort (including negligence), product liability or otherwise. We shall not in any circumstances be liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld devices or mobile telephones as a result of the installation or use of the Application. Our maximum aggregate liability to you for any other direct losses arising under or in connection with these terms of use (including in connection with your use of or access to the Application) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the lesser of: (a) the total value of your tickets for travel on the relevant c2c service giving rise to the relevant claim; or (b) one hundred pounds (£100.00). Nothing in these terms of use seeks to limit or exclude any liability that cannot be limited or excluded under applicable law.

4. INDEMNITY
   You agree to indemnify and hold us harmless from any claim or demand, including costs and expenses, made by any third party as a result of your use or misuse of the Application which is not in accordance with the instructions for use and/or under the conditions and/or for the purposes intended and any action you take which is or may be based on the information contained within the Application.

5. DATA PROTECTION
   Any personal information you supply to c2c when using the Application will be processed by c2c in accordance with its Privacy Policy.

6. C2C-ONLINE.CO.UK
   The Application allows you to access certain functionality available on the c2c website. Such access will be governed by the website’s terms and conditions.
7. CHARGES OF USAGE
   You will require internet data connection for the initial installation and subsequent use of the Application. You may be charged by your network provider for such internet connection depending on your individual tariff. However, you can access the c2c WiFi free of charge at any of the c2c route stations.

8. SYSTEM REQUIREMENTS
   In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’). The Software Requirements are as follows: Apple iOS devices running iOS 7 up, and Android OS devices running Android OS 2.1 up. The version of the Application software may be upgraded from time to time to add support for new functions and services.
9. SECURITY
   You can use the Application to store details of your bookings, favourite journeys and preferred payment method. You should ensure that your mobile telephone or handheld device is suitably protected so that if lost/stolen your stored details cannot be used or accessed.
10. INTELLECTUAL PROPERTY
    The Application and the information within it are protected by copyright and other intellectual property laws in numerous countries around the world and we expressly assert our ownership of and reserve all of its rights around the world in such intellectual property rights.
11. GOVERNING LAW
    These terms of use and your use of the Application and the information in it shall be governed by and construed in accordance with the laws of England and Wales and any dispute will be submitted to the English courts.
12. MODIFICATION
    We may, at our sole discretion, modify these terms of use and the Application and the information within it in whole or in part at any time for any reason without giving notice to you. You must promptly download any update to the Application from the ‘App store’ upon such update becoming available, and you must check these terms of use prior to each use of the Application. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online.