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CrossCountry WiFi Terms and Conditions

IMPORTANT:

You must read and accept the Terms and Conditions before you access and use the Wi-Fi service (hereafter referred to as the "Hotspot"). By accessing and using the Hotspot you agree to be bound by the terms and conditions set out below. If you do not wish to be bound by these terms and conditions, please do not purchase a voucher for access and/or use the Hotspot.

CrossCountry's Privacy Policy forms part of these Terms and Conditions and you should read the Privacy Policy carefully before agreeing to these Terms and Conditions. The CrossCountry privacy policy is available by clicking here.

CrossCountry's Hotspot Voucher pricing terms set out on CrossCountry's website also form part of these Terms and Conditions and you should read the pricing terms carefully before agreeing to these Terms and Conditions. CrossCountry's pricing terms are available on the homepage screen of the WiFi service.

If you have any questions about these Terms and Conditions, please contact CrossCountry's Wi-Fi service desk on  before continuing.

If you are aged under 18, before you access and use the Hotspot, please ensure that you have your parent/guardian's consent and ensure that they and you have read and agree to these Terms and Conditions. If you intend to use someone else's credit or debit card for purchasing a voucher, you should enter their details when registering and they and you agree that they will be deemed to have consented to be bound to these Terms and Conditions and will be a party to these Terms and Conditions.

Definitions

"Information" means all material delivered by CrossCountry through the Hotspot. "User" means you, the Hotspot end-user. "Terms and Conditions" means this Hotspot agreement.

Warranty

The Hotspot is provided on an "as is" and "as available" basis and CrossCountry makes no warranties or representations whether express or implied in relation to the Information, including implied warranties or conditions of completeness, accuracy, satisfactory quality or fitness for a particular purpose.

Liability

The User agrees that, except for death and personal injury arising from the negligence of CrossCounty, CrossCountry shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with these Terms and Conditions, including damage for loss of business, loss of profits or revenue, business interruption, loss of business information, loss of the use of Hotspot, loss of goods, loss of contracts, loss or corruption or information or data or any other pecuniary loss (even where CrossCountry has been advised of the possibility of such loss or damage).

Third Party Information

The User further acknowledges that some of the Information, for example software, is supplied to CrossCountry (directly and indirectly) by third parties and accordingly CrossCountry can offer no warranty of whatever nature in relation to such Information.

The Hotspot Description

The Hotspot is a wireless data service using radio frequency to access the Internet. CrossCountry offers the Hotspot for activities such as the active use of e-mail, instant messaging and browsing the Internet. These services may require you to have accounts with third party service providers.

The Hotspot

Although CrossCountry will endeavor to provide a high standard of Wi-Fi service at all times, due to the nature of the services the User acknowledges:-

  1. That it is technically impossible to provide the Hotspot entirely free of faults and that CrossCountry does not undertake to do so;
  2. That faults may lead to temporary unavailability of the Hotspot; and
  3. That the operation of the Hotspot may be adversely affected by conditions and performances outside CrossCountry's control, including transmission, telecommunications links between CrossCountry and Users, between different parts of CrossCountry, and between CrossCountry and other systems and networks.

Use of the Hotspot

If you hold a valid first class ticket for the train journey you are making you may access the internet free of charge. You are permitted to access the Hotspot for an unlimited period of time during that train journey.

If you hold a valid standard class ticket for the train journey you are making you may purchase a Hotspot Voucher. At present you can purchase a Voucher directly through the WiFi service pages, or via a printed Voucher from our service-at-seat (subject to availability). We will offer additional channels to purchase WiFi access in due course. You may purchase the voucher for a specific period of time for use of the Hotspot by you. We offer two types of passes - elapsed time (where the length of time of access is measured from when you first log-on to the Hotspot and will expire at the end of the allocated time regardless of whether you are browsing the Internet or not) and minute bundles (where you can stop and start your internet access with a 1-year time limit during which the length of time you purchased must be used).

The User undertakes:-

  1. Not to use the Hotspot for any unlawful purpose; 
  2. That it shall not make any use of the Hotspot such that the whole or part of the Hotspot is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Hotspot is in any way impaired; 
  3. Not to use the Hotspot for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety; 
  4. Not to use the Hotspot in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including rights of copyright or confidentiality); 
  5. That it shall not use the Hotspot to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Crosscountry unless such transmission has been specifically requested by another User of the Hotspot; 
  6. That in the event that it has any right, claim or action against any other User arising out of the use of the Hotspot then it shall pursue such right, claim or action independently of, and without recourse to, Crosscountry; and 
  7. That CrossCountry may block access to certain websites by you on the Hotspot, including for example certain high bandwidth websites, in order to share bandwidth more amongst its User group.

The User will indemnify and defend CrossCountry against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any Use of the Hotspot by the User. The User acknowledges that CrossCountry has no control over the nature or content of information or programs transmitted or received by the User using the Hotspot and that CrossCountry does not examine in any way the use to which the User puts the Hotspot. The User agrees to fully indemnify CrossCountry against any claims or legal proceedings arising in connection with User's use of the Hotspot which are brought or threatened against CrossCountry by any other person.

Registration

In Standard accommodation, purchasing WiFi time and receiving an access code allows you to use the Hotspot for your personal use only and you agree not to register on behalf of any other person or entity. In purchasing WiFi access we will ask you to supply personal details, and it is your responsibility to ensure they are correct. You are responsible for keeping your details confidential. You should not permit other people to use your personal details and access codes and you are responsible for preventing any unauthorised use. If you discover you have made a mistake with your personal details after you have submitted them to CrossCountry, please contact the WiFi service desk by telephoning on 0330 088 1270 immediately so the mistake can be rectified as soon as possible.

You should contact CrossCountry as soon as possible if you believe that anyone has obtained your personal details and / or access codes without your permission or if you become aware of any other breach of security on this Hotspot website.

Intellectual Property

The User acknowledges that all copyright, trade marks and all other intellectual property rights in the Hotspot shall remain vested in CrossCountry or its licensor.

Suspension and Termination

CrossCountry shall have the right to immediately terminate these Terms and Conditions and/or suspend the Hotspot if the User commits a breach of the Terms and Conditions.

User Data

CrossCountry will deal with your personal data in compliance with the current data protection legislation in England and in accordance with CrossCountry Privacy Policy. CrossCountry reserves the right to include the name, address and other relevant information relating to the User in a directory for the use of CrossCountry Users or other third parties, unless specifically requested by the User in writing not to do so.

CrossCountry cannot guarantee the security or privacy of the Hotspot and any information or communication to or from the Hotspot by the User.

Changes to the Terms and Conditions

CrossCountry reserves the right to change these Terms and Conditions from time to time by placing a note of such change in this file. The User's continued use of the Hotspot following notice of such change shall be deemed to be the User's acceptance of any such change. It is the User's responsibility to check this file regularly to determine whether these Terms and Conditions have been changed. If the User does not agree to any change to these Terms and Conditions then the User must immediately stop using the Hotspot.

Severability

Each provision of these Terms and Conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these Terms and Conditions howsoever occasioned.

No Waiver

No waiver by CrossCountry shall be construed as a waiver of any breach of any provision of these Terms and Conditions.

Choice of Law

These Terms and Conditions shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.

Please take care of your wireless device. CrossCountry accepts no responsibility for loss or damage.

Other Information

These Terms and Conditions and all communications between CrossCountry and you will be conducted in the English language.

Any notices CrossCountry sends to you will be sent to the most recent e-mail address or postal address provided to CrossCountry by you.

These Terms and Conditions are a contract between you and CrossCountry. Unless you are aged under 18 and are using the Hotspot with the consent of your parents/guardian, neither you nor CrossCountry intend that these Terms and Conditions will be enforceable by anyone except you and CrossCountry whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

If you are not satisfied by the Hotspot service you receive, in the first instance please contact the Wi-Fi support helpdesk by telephoning on . Alternatively, you can contact our customer relations team by e-mailing  or telephoning 03447 369123.

Fair usage policy

So that we can offer all users of our WiFi system a reliable, smooth service, we have in place a Fair Usage Policy. We reserve the right to restrict a user's connection speed, or terminate their session, if the level of use is deemed by us as excessive and therefore to detrimental to other users. While the vast majority of users will use far less, we determine that any usage of the service above 40Mb per hour is classed as excessive and subject to restriction or termination of session.
 
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