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 0845 287 2149
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:-
- That it is technically impossible to provide the Hotspot
entirely free of faults and that CrossCountry does not undertake to
do so;
- That faults may lead to temporary unavailability of the
Hotspot; and
- 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:-
- Not to use the Hotspot for any unlawful purpose;
- 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;
- 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;
- 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);
- 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;
- 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
- 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 0845 287
2149 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 0845 287 2149. Alternatively, you can contact our
customer relations team by e-mailing customer.relations@crosscountrytrains.co.uk or
telephoning 08447 369 123.
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.
Business travel
Travelling for business? Arrive fresh, relaxed and ready to start your day.
First Class
Larger, reclining seats, more table space, plus complimentary food and drink.
Special offers
Book in advance with CrossCountry and save on great days out across the country.
