*YOUR ATTENTION IS DRAWN PARTICULARLY TO PARAGRAPH 8 BELOW WHICH SETS OUT OUR LIABILITY TO YOU*
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In these Terms and Conditions, the following words have the following meanings:
"Hotspot" has the meaning set out in paragraph 2.1 below.
"Information" means all material delivered by CrossCountry through the Hotspot.
"User" or "you" means the Hotspot end-user.
"Terms and Conditions" means these terms and conditions relating to the Hotspot.
2. IMPORTANT INFORMATION
2.1. You must read and accept these Terms and Conditions before you access and use the WiFi 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 use the Hotspot.
2.3. If you have any questions about these Terms and Conditions, please contact CrossCountry's WiFi service desk at firstname.lastname@example.org or by calling 0330 088 1270 before continuing (lines manned 05.00 to 02.00 each day, calls will be charged at local rate from a BT landline. Calls from other operators and mobiles may vary and may cost more).
2.4. 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.
2.5 These terms were most recently updated in November 2018.
3. INFORMATION ABOUT US
The Hotspot is operated by XC Trains Limited, a company registered in England and Wales under company number 04402048, whose registered office is at 1 Admiral Way, Doxford International Business Park, Sunderland, SR3 3XP, and whose VAT number is 618 557 907 ("CrossCountry").
4. THE HOTSPOT DESCRIPTION
4.1. 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 Users to have accounts with third party service providers. Some information and material (for example software) is supplied to CrossCountry by third parties and CrossCountry offers no guarantees or contractual promises in relation to that information or material. Please be aware that you cannot use the Hotspot for the following purposes (this list is non-exhaustive):
4.1.1. Watching catch up TV (e.g. BBC iPlayer, Netflix, NowTV, ITVPlayer etc);
4.1.2. Uploading or downloading very large files;
4.1.3. File sharing (e.g. BitTorrent); or
4.1.4. Video sharing sites (e.g. YouTube, FaceTime etc.).
4.2 In addition to those purposes which are restricted as outlined in paragraph 4.1 above, we reserve the right to restrict a user's connection speed, if the level of use is deemed by us as excessive and therefore to be detrimental to other users. We determine that any usage of the service above 70MB in Standard Class and 100MB in First Class over a two-hour period is classed as excessive and subject to restriction.
5. THE HOTSPOT
5.1. Although CrossCountry will endeavor to provide a high standard of WiFi service at all times, due to the nature of the services the User acknowledges:-
5.1.1. that it is technically impossible to provide the Hotspot entirely free of faults and that CrossCountry does not undertake to do so;
5.1.2. that faults may lead to temporary unavailability of the Hotspot; and
5.1.3. 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.
6. USE OF THE HOTSPOT
6.1. If you hold a valid CrossCountry train ticket for either First Class or Standard Class for the train journey you are making, you may access the Hotspot (on services which have WiFi available). Access is gained through the Hotspot portal directly. You are permitted to access the Hotspot for an unlimited period of time during that train journey, provided that the terms of CrossCountry’s “Fair Usage Policy” will apply to your access and use of the Hotspot. The CrossCountry Fair Usage Policy is available at the following link: http://axc.nde1.nomadrail.com/connecttoweb.
6.2. Registration for the Hotspot is required as outlined in paragraph 9. Once registration is complete, WiFi can be used on any service operated by CrossCountry (subject to availability).
6.3. The User undertakes:-
6.3.1. not to use the Hotspot for any unlawful purpose;
6.3.2. 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;
6.3.3. 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;
6.3.4. 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);
6.3.5. 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;
6.3.6. 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
6.3.7. 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.
6.4. 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.
6.5. Your right to use the Hotspot is personal to you and you agree not to register on behalf of any other person, firm or company or to allow any other such person to use your log-in details to use the Hotspot. You must keep your log-in details confidential and not share them with any other person.
7. AVAILABILITY OF THE HOTSPOT
7.1. The Hotspot service is only available on selected train services provided by CrossCountry.
8. OUR LIABILITY TO YOU
8.1. You may have other rights granted to you by law which are not set out in these Terms and Conditions and these Terms and Conditions do not override those rights unless permitted by law.
8.2. For further information about your legal rights (including your consumer rights) we suggest that you contact your local Citizens Advice Bureau or Trading Standards office.
8.3. Please take care of your wireless device. CrossCountry accepts no responsibility for loss or damage to a User's wireless device.
8.4. The headings in this paragraph 8 below make clear which parts of this paragraph 8 apply to you, depending on the circumstances in which you are using the Hotspot.
The following terms apply to all Hotspot users (both personal and commercial users):
8.5. CrossCountry does not, and cannot, guarantee that the Hotspot website will be compatible with any or all hardware and software that you may use to try to connect to the internet via the Hotspot. CrossCountry does not, and cannot, guarantee that the Hotspot, or your use of it, will be available at all times or at any specific times or that it will be error-free. CrossCountry reserves the right to modify or suspend access to the Hotspot at any time (acting reasonably) where it is necessary to do so.
8.6. CrossCountry is, and remains, legally responsible to you at all times, regardless of any wording to the contrary in these Terms and Conditions, for any:
8.6.1. death or personal injury arising from CrossCountry's failure to take reasonable skill and care;
8.6.2. fraud or fraudulent misrepresentation; or
8.6.3. any matters which it would be illegal for CrossCountry to exclude or limit its liability to you.
8.7. If CrossCountry fails to comply with these Terms and Conditions, it is responsible for loss or damage you suffer that is a foreseeable result of its breach of the Terms and Conditions or CrossCountry's negligence, but CrossCountry is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of CrossCountry's breach or if they were contemplated by you and CrossCountry at the time you registered or logged in to use the Hotspot.
8.8. CrossCountry is not responsible to you for losses which you suffer due to any event beyond CrossCountry's reasonable control.
8.9. CrossCountry endeavours to provide a high standard of WiFi service at all times, however, due to the nature of the service, faults and technical difficulties and/or loss of signal may lead to temporary unavailability of the Hotspot and the operation of the Hotspot may be adversely affected by conditions and performance outside CrossCountry's control including but not limited to transmission, communication links between CrossCountry and you and between the networks and services provided by CrossCountry's suppliers and the mobile Internet network provider.
8.10. The Internet and WiFi connections to the Internet are not secure networks or a secure means of accessing the network. CrossCountry cannot guarantee the security or privacy of the Hotspot, the device you use to access the Hotspot or any information or communications to/from the Hotspot.
8.11. It is your responsibility to ensure that you protect your own data and/or software against viruses, hacking or other third party intrusions. CrossCountry is not responsible to you for losses which you suffer due to your failure to appropriately and adequately protect your device from contamination, hacking or third parties or from your failure to back-up the content of your device.
8.12. CrossCountry is not responsible for the content on the Internet including information contained in websites or any third party information provided through the Hotspot and will not be liable to you for any losses you suffer as a result of using third party websites.
The following terms of this paragraph 8 set out below only apply if you are using the Hotspot for business or commercial purposes and to the extent you use the Hotspot for business or commercial purposes:
8.13. 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.
8.14. Except as set out above in this paragraph 8, CrossCountry is not liable to you in contract, tort, negligence, and statutory duty or otherwise for any indirect or consequential loss or damage whatsoever or for any direct or indirect losses arising from or in connection with the Hotspot or these Terms and Conditions in so far as they relate to:
8.14.1. loss of business, profits or revenue;
8.14.2. loss of or damage to goodwill;
8.14.3. loss of savings;
8.14.4. loss of use;
8.14.5. business interruption; or
8.14.6. loss or corruption of any data or information (save to the extent we are the data controller of such data and it is personal data (all as defined under current data protection legislation in England)).
9.1. Registering for the CrossCountry WiFi service, 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. At registration, 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 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 emailing email@example.com or calling 0330 088 1270 immediately so the mistake can be rectified as soon as possible (lines manned 05.00 to 02.00 each day, calls will be charged at local rate from a BT landline. Calls from other operators and mobiles may vary and may cost more).
9.2. You should contact CrossCountry as soon as possible if you believe that anyone has obtained your personal details without your permission or if you become aware of any other breach of security on the Hotspot.
10. 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.
11. SUSPENSION AND TERMINATION
CrossCountry shall have the right to immediately terminate your use and access to the Hotspot and/or suspend your ability to use or access the Hotspot, if CrossCountry (acting reasonably) believes you have committed or are likely to commit a breach of these Terms and Conditions.
12. USER DATA
12.2. CrossCountry cannot guarantee the security or privacy of the Hotspot and any information or communication to or from the Hotspot by the User.
13. CHANGES TO THE TERMS AND CONDITIONS
CrossCountry reserves the right to change these Terms and Conditions from time to time. 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.
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.
15. NO WAIVER
If CrossCountry fails to insist that you perform any of your obligations under these Terms and Conditions, or if it does not enforce its rights against you, or if it delays in doing so, that will not mean that CrossCountry has waived its rights against you and will not mean that you do not have to comply with those obligations. If CrossCountry does waive a default by you, it will only do so in writing, and that will not mean that CrossCountry will automatically waive any later default by you.
16. CHOICE OF LAW
These Terms and Conditions shall be governed by English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland.
17. OTHER INFORMATION
17.1. These Terms and Conditions and all communications between CrossCountry and you will be conducted in the English language.
17.2. Any notices CrossCountry sends to you will be sent to the most recent e-mail address provided to CrossCountry by you.
17.3. CrossCountry will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an event outside its control.
17.4. An event outside CrossCountry's control means any act or event beyond CrossCountry's reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
17.5. CrossCountry may transfer its rights and obligations under these Terms and Conditions, to another organisation, and CrossCountry will always notify you in writing if this happens, but this will not affect your rights or CrossCountry's obligations under these Terms and Conditions.
17.6. 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.
18. CONTACT US
If you are not satisfied by the Hotspot service you receive, please contact the Wi-Fi support helpdesk by emailing firstname.lastname@example.org or telephoning on 0330 088 1270. Alternatively, you can contact CrossCountry's customer relations team by emailing email@example.com or telephoning 03447 369 123.