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WiFi 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.
  • “Contract” means these terms and conditions.
  • “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
  • “Mobile Network” means a c2c managed 3G and 4G mobile network coverage used to deliver the Service

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

Privacy and Cookies Notice

Train Ticket Sales Terms and Conditions

Acceptable Use Policy

  • Our Acceptable Use Policy (AUP) applies to your use of the WiFi Services under this Contract

The services

Connecting to WiFi service

  • You will need to connect your device to ‘c2c Free Train WiFi’ or ‘c2c Free Station WiFi’. See your WiFi settings.
  • You will need to register to use the WiFi Service onboard or in the station by completing the registration form.
  • Your onboard WiFi Service usage will be limited to a maximum of 100MB 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 100MB 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 100MB of data during their journey.

System requirements

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 WiFi

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.

You agree that you will not at any time:

  1. 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;
  2. copy the Services, except as part of normal use or where it is necessary for the purpose of back-up or operational security;
  3. 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;
  4. 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 the Service (“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 kept secure; and
    • is used only for the Permitted Objective;
  5. 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;
  6. 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;
  7. use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
  8. collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the Services;
  9. 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;
  10. 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);
  11. 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
  12. 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:

  1. 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;
  2. comply with our applicable Acceptable Use Policy when using the Services;
  3. 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);
  4. be responsible for the compatibility of your personal device(s); and
  5. 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.

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.

Due to low usage, c2c have terminated our previous onboard entertainment service, “vista”. Vista is now unsupported by c2c and if installed, please delete the vista app from your device.

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.

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