Hull Trains: WiFi Terms and Conditions

IMPORTANT:

You must read these terms and conditions of this agreement before you access and use 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 you may not access or use the Hotspot.

Protect your Equipment

Please take care of your wireless device. Hull Trains accepts no responsibility for loss or damage to it, unless caused by Hull Trains' negligence.

Definitions

"Information" means all material delivered by Hull Trains through this WiFi hotspot (the "Hotspot"). “Hull Trains” is the trading name of Hull Trains Company Limited, a company registered in England and Wales (Registered No 03715410) and references to Hull Trains are references to Hull Trains Company Limited. "User" means you, the Hotspot end-user. "Contract" means this Hotspot agreement.

Warranty

The Hotspot is provided on an "as is" and "as available" basis and Hull Trains 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 Hull Trains, Hull Trains shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with this Contract, including damage for loss of business, loss of profits, business interruption, loss of business information or any other pecuniary loss (even where Hull Trains has been advised of the possibility of such loss or damage).

The Hotspot

The User acknowledges:-

1. that it is technically impossible to provide the Hotspot entirely free of faults and that Hull Trains 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 Hull Trains’s control, including transmission, telecommunications links between Hull Trains and Users, between different parts of Hull Trains, and between Hull Trains and other systems and networks.
4. that the onboard WiFi is a mobile communications service primarily designed to support activities such as active use of email, instant messaging, accessing corporate intranets and general web browsing.
5. The service is shared amongst all passengers and consideration should be given for the overall experience for all passengers when using the service.

Third Party Information

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

Use of the Hotspot/Indemnification

The User undertakes:-

1. ot 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 Hull Trains unless such transmission has been specifically requested by another user of the Hotspot; and
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, Hull Trains.
7. that Hull Trains reserve the right to restrict access and/or connectivity to certain websites by you on the Hotspot, including for example certain high bandwidth web sites, in order to share bandwidth amongst its user group.
8. The User will indemnify and defend Hull Trains against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any Use of the Hotspot by the User. The User acknowledges that Hull Trains has no control over the nature or content of information or programs transmitted or received by the User using the Hotspot and that Hull Trains does not examine in any way the use to which the User puts the Hotspot. The User agrees to fully indemnify Hull Trains against any claims or legal proceedings arising in connection with User's use of the Hotspot which are brought or threatened against Hull Trains by any other person.

Intellectual Property

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

Suspension and Termination

Hull Trains shall have the right to immediately terminate this Contract and/or suspend the Hotspot if the User commits a breach of the Terms and Conditions.

User Data

Hull Trains reserves the right to include the name, address and other relevant information relating to the User in a directory for the use of Hull Trains users or other third parties, unless specifically requested by the User in writing not to do so. Hull Trains 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

Hull Trains 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 this Contract has been changed. If the User does not agree to any change to the terms and conditions of this Contract then the User must immediately stop using the Hotspot.

Severability

Each provision of this Contract 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 this Contract howsoever occasioned.

No Waiver

No waiver by Hull Trains shall be construed as a waiver of any breach of any provision of this Contract.

Choice of Law

This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.