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vista terms & conditions

Definitions

  • “c2c” or “we” or “us” means Trenitalia c2c Limited, 115 Houndsditch, London EC3A 7BR registered in England and Wales with company number 07897267.
  • “vista” means the vista App and the vista Portal.
  • “vista App” means the mobile application software provided by c2c for passengers to access the Onboard Entertainment.
  • “vista Portal” means the web portal located at the following URL : http://media.c2c-online.co.uk, provided by c2c for passengers to access some Onboard Entertainment.
  • “Contract” means these terms and conditions.
  • “Information” means material accessed using the Services including (without limit) the Onboard Entertainment.
  • “Onboard Entertainment” means the free content provided on vista.
  • “User” or “you” or “your” means you, the user of the Services.
  • “Services” means the WiFi Service, the Onboard Entertainment and the vista app.
  • “WiFi service” means the on-board and in-station WiFi service provided by or on behalf of c2c.
  • “AUP” means acceptable use policy of the WiFi by a user either on-board or in the station
  • “Digital Rights Media content” means premium secure protected and licensed content.

The contract

You must read this Contract before you access and use the Services. By accessing and using any of the Services you agree to be bound by the Contract. You must be 18 or over to accept these terms and download or use the Services. If you use the Services on any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

Other terms which apply

The terms in this Contract apply in addition to c2c’s Conditions of Carriage and Privacy Policy from time to time in force, which are available on our website via the following URL: https://www.c2c-online.co.uk/terms-and-conditions/train-ticket-sale-terms-and-conditions/ You may need to activate your mobile data on your device prior to connecting to our WiFi service to view these now or you can view them at your leisure. Our Acceptable Use Policy (AUP) also applies to your use of the WiFi Services as set out below in Use of vista

The services

Connecting to WiFi service

  • You will need to connect your device to ‘c2c Free Train WiFi’. See your WiFi settings.
  • You will need to register to use the WiFi Service on board or in the station by completing the registration form.
  • Your on board WiFi Service usage will be limited to a maximum of 50MB per day from our dedicated Mobile Network data with supplementary data provided on a variable basis via our station WiFi network.
  • We combine 3G and 4G mobile network coverage with station wireless internet connections to keep you connected throughout your journey.
  • Each user is limited to using 50MB of 3G and 4G mobile network data each day. However, whenever a train is at a station, our trains connect to the station WiFi. Only when the train pulls away from the station or is in between stations will the train use 3G and 4G. Therefore our customers can typically expect to experience more than 50MB of data during their journey.

Using vista and Onboard Entertainment

Your WiFi registration will enable you to use vista if you want to access the Onboard Entertainment.
vista enables you to view Digital Rights Protected content (”DRM” see Definitions) on IOS devices. For Android, PC and Mac devices you can view DRM content in selected browsers

  • Google Chrome – Android, Windows, Mac OS
  • Firefox – Windows, Mac OS
  • Opera – Windows, Mac OS
  • Silk – Amazon Fire OS only

The Onboard Entertainment is available only when you are on a c2c train, it will not be accessible in the station or elsewhere due to licensing restrictions.

You can access some, but not all of the free Onboard Entertainment via the vista Portal and additional content is available on the vista App. You will be notified on the vista Portal if you need to use the vista App to access any content.

Paid for goods and services may be provided by third parties via links to other independent websites or software which are not provided by c2c. If you choose to purchase any goods and services once you have followed these links then you will be purchasing this from the third party provider and not from us.

System requirements

The vista App will only operate on mobile devices with the minimum amount of available memory and operating system specified on the AppStore or GooglePlay (as applicable) when you download it.

The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services meet your requirements.

Use of vista

In return for your agreeing to comply with this Contract, c2c licenses you to use the Services, in each case as permitted in the Contract and you may:

  • download or stream a copy of vista to your own personal device (provided that where you are downloading vista App you do this in advance of boarding the train or using your own data, such that you are not using the WiFi Service to download it);
  • view, use and display vista on such devices for your personal use only; provided you comply with any license restrictions c2c advises, make up to 1 copy of the vista App for back-up purposes; and receive and use any free supplementary software code or update of the vista App incorporating “patches” and corrections of errors as we may provide to you.

You agree that you will not at any time:

  • transfer the vista App or the On-Board Entertainment to someone else, whether for money, for anything else or for free, and if you sell any device on which the vista App is installed, you should remove the vista App from it;
  • rent, lease, sub-license, loan, provide or otherwise make available, the Services in any form, in whole or in part, to any person without prior written consent from us;
  • copy the Services, except as part of the normal use of vista or where it is necessary for the purpose of back-up or operational security;
  • translate, merge, adapt, vary, alter or modify, the whole or any part of the Services nor permit the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services as permitted in this Contract;
  • disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Services (or any part of them) to obtain the information necessary to create an independent program that can be operated with vista or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:is not disclosed or communicated without c2c’s prior written consent to any third party save to the extent necessary to disclose or communicate it in order to achieve the Permitted Objective; and is not used to create any software that is substantially similar in its expression to vista; is kept secure; and is used only for the Permitted Objective;
  • use the Services for any unlawful purpose or in any manner inconsistent with this Contract, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data, into the Services or any operating system;
  • make any use of the Services such that the whole or part of the Services is interrupted, damaged, rendered less efficient or the effectiveness or functionality of the Services is in any way impaired;
  • use the Services whilst connected to the Onboard WiFi (‘c2c free train WiFi’) to:
  • download or stream large video content (e.g. YouTube)
  • download or stream large audio content (e.g. Spotify)
  • download or update software applications
  • access inbound or outbound voice and video calling services (e.g. Skype, Facetime, WhatsApp)
  • use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
  • collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the Services;
  • use the Services for the transmission or posting of any material which is defamatory, offensive or of an obscene or menacing character or is otherwise unlawful;
  • use the Services in such a way as to cause annoyance, inconvenience, nuisance or needless anxiety, bearing in mind that: (i) there may be children or vulnerable people nearby; and (ii) excessive noise and/or inappropriate imagery could be offensive or upsetting (and out of respect to your fellow passengers we ask you to use personal headphones and keep sound to a reasonable level);
  • use the Services in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including rights of copyright, confidentiality or intellectual property); or
  • use the Services to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of c2c.

You agree that you will:

  • stop using or modify your behaviour when using the Services if requested to do so by any employee or appointed representative of c2c, including the driver of the train;
  • comply with our applicable Acceptable Use Policy when using the Services;
  • ensure that any minors in your care engage with age-appropriate material only (and you acknowledge and agree that while c2c does not promote any content it feels is not appropriate for its customers, it is not able to control, nor is it liable for restricting, content that may offend or upset);
  • be responsible for the compatibility of your personal device(s); and
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Services.

Warranties and acknowledgements

Although we make reasonable efforts to maintain the Services, they are provided on an “as is” and “as available” basis and c2c makes no warranties or representations whether express or implied in relation to the Information, including that such Information is accurate, complete or up to date.

The Services are provided for general information and entertainment purposes only.

The User acknowledges:

  • that it is technically impossible to provide the Services entirely free of faults and that c2c does not undertake to do so;
    that faults may lead to temporary unavailability of the Services;
  • that the operation of the Services may be adversely affected by conditions and performances outside c2c’s control, including transmission, telecommunications links between c2c and users, between different parts of c2c, and between c2c and other systems and networks. If our provision of the Services is delayed by an event outside our control then we will notify you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event;
  • and that c2c may block access to certain websites by you using the Services, including for example certain high bandwidth websites, in order to share bandwidth more amongst all users.

c2c cannot guarantee the security of the Services, or any content accessed when using the Services, nor can it guarantee that the Services will not be exposed to viruses, other harmful applications or access by unauthorised third parties.

You warrant that any personal information that you submit to us is true, accurate and complete to the best of your knowledge.

Updates to vista

From time to time we may automatically update vista to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update vista for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using vista.

Contact

If you want to learn more about the Services or have any problems using them please take a look at our FAQ’s on our website or contact our customer service team at contact@c2crail.co.uk.

If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.

Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, which includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

If, in breach of our obligation to use reasonable skill and care, defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation up to a maximum of £500. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The Services are for private use. If you use the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We are not liable for any defect in use of any Device used to access the WiFi Service.

We recommend that you back up any content and data used in connection with the Services, to protect yourself in case of problems. Please take care of your device save as set out in this Contract, c2c accepts no responsibility for loss or damage.

Third party information

You acknowledge that some of the Information, for example software or content, is supplied to c2c (directly and indirectly) by third parties and accordingly c2c can offer no warranty of whatever nature in relation to such Information.

vista may contain links to other independent websites or software which are not provided by c2c. Such independent content is not under our control and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites or software, including whether to buy any products or services offered by them.

Intellectual property

You acknowledge that all copyright, trademarks and all other intellectual property rights in the Services shall remain vested in c2c or its licensor(s). You have no intellectual property rights in, or to, the Services other than the right to use the Services in accordance with this Contract.

Suspension and termination

c2c shall have the right to suspend the Services at any time without notice and for any reason.

c2c may also terminate your access if you breach this Contract or if you take any action that threatens the security of the Services or disrupts access to other Users. If we end your rights to use the Services:

You must stop all activities authorised by this Contract, including your use of the Services.

You must delete or remove vista from all devices in your possession and immediately destroy all copies of vista which you have and confirm to us that you have done this.

We may remotely access your devices and remove vista from them.

You may end this Contract at any time by contacting us in writing to confirm you no longer wish to use vista. Once we receive this confirmation we will cancel your account.

User data

If you are an existing customer, we will only contact you by email with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.

You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by emailing contact@c2crail.co.uk or unsubscribing following the unsubscribe instructions featured in all marketing emails sent by c2c.

Any personal information entered during the registration process or whilst using vista is treated in accordance with our Privacy Policy, a copy of which can be found on our website here. Please read the Privacy Policy carefully to understand how c2c collects, uses and discloses personally identifiable information from its users. By accessing or using the Services, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

Once you agree to this Contract, c2c will capture and process information regarding your activity, operating system and MAC address of your wireless-enabled device in order to determine the most effective and/or customised way to display the requested content on your device or to otherwise improve vista.

vista may make use of location data sent from your device(s). If you use vista, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings for vista on your device.

We may anonymise and bundle together data and share it with third parties. These third parties may use anonymised of advertising, but will not be given access to your personal details.

Despite having technical and operational measures in place to safeguard your data, c2c cannot guarantee the security or privacy of the Services and any information or communication given or received by you when using the Services. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Cookies

We use cookies to distinguish you from other users of the Services. For detailed information on the cookies we use and the purposes for which we use them, see our cookie policy here.

Privacy and Cookies Notice

We use cookies to distinguish you from other users of the Services. For detailed information on cookies we use and the purposes for which we use them, see our Privacy and Cookies Notice

Changes to the contract

c2c reserves the right to change this Contract from time to time. We may need to do this to reflect changes in the law or best practice or to deal with additional features which we introduce. If we do need to change this Contract we will do so by placing a note of such change in this file or, in the event of any material change, we will notify you by email. Your continued use of the Services following notice of such change shall be deemed to be acceptance by you of any such change. If you do not agree to any change to the terms and conditions of this Contract then you must immediately stop using the Services.

Transfer of rights

We may transfer our rights and obligations under this Contract 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 the contract. You may only transfer your rights or your obligations under this Contract to another person if we agree in writing.

Third party rights

This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

Severability

Each of the paragraphs of this Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

No waiver

Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Contract, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, we will advise you of any alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Applicable law and where you may bring legal proceedings

This Contract is governed by English law and you can bring legal proceedings in respect of this Contract in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.