Terms and Conditions for Wi-Fi access at our managed stations

Before you can access Wi-Fi at our managed stations, you must accept these Terms and Conditions.

Note: these terms have exclusions of liability: please read “Limitation of liability“

These are terms on which Network Rail Infrastructure Limited, a company registered in England and Wales whose registered office is Waterloo General Office, London, SE1 8SW and whose registered number is 02904587 (“Network Rail”) and Telent Technology Services Limited, a company registered in England and Wales whose registered office is Point 3, Haywood Road, Warwick, CV34 5AH and whose registered number is 703317 (“telent”) as Network Rail’s service provider (together “we”, “us”, “our”) will provide free unsecured Wi-Fi internet access to you via Network Rail’s in-station Wi-Fi networks (the “Service”).

Before you can access the Service, you must confirm that you accept these Terms and Conditions (“Terms”) and have read the Privacy Notice by clicking on the box where indicated on our Wi-Fi welcome page. If you do not accept these terms you won’t be able to use our Service.

If you use the Services to access a Network Rail site, then Network Rail’s applicable website terms of use will govern your use of that site and should be read alongside these Terms and the Privacy Notice.

We may vary these terms or withdraw the Service at any time. We will notify you of these changes by posting the revised Terms on our welcome page, and you agree that your use of the Services after such changes will constitute your acceptance of such changes. If you do not agree to the revised Terms you should stop using the Service.

Provision of the service

You may access and use our Service in accordance with these terms for your own personal use.

To use the Service you must have a Wi-Fi enabled device with software which works with the Service. The type, specification and condition of your device may affect your use of and access to the Service. You accept the risk of any failures or damage to your device as a result of using the Service.

The Service is available to you when your device is within range of participating stations.

We cannot guarantee or promise that the Service will always be available, or that the Service will be fault free or fit for any particular use or requirement. We may occasionally have to interrupt the Service or change the technical specification of the Service for maintenance reasons, for upgrades or because of an emergency, or where otherwise reasonably required. We are not responsible for data, messages, or webpages that may stop working or for any information that may be lost because of interruptions or performance issues with our Service.

Protecting your information

When you use the Service, you do so entirely at your own risk.

Your use of the Service has security risks because the Service is provided over an unsecured, public Wi-Fi network. We cannot guarantee that the Service is secure or that any information (including personal details) held on your device or shared using the Service will remain secure.

Use of the Service

We may impose usage or Service limits, suspend the Service, or block certain kinds of usage, to protect, and to be fair to, other users. Network speed will vary based on the specification of your device, configuration, compression and network congestion.

From time to time, we may restrict access to specific websites or categories of content accessed through our Services without notice to you.

We are not responsible for any sites that you access whilst using our Service or anything you do while using the internet (including any items that you might download through our Service). We have no control over the content of other sites and we will not be liable to you if you use such sites. Each site you visit should have their own terms and conditions and usage policies. Please check these terms and conditions and policies before you use any website and make sure you have the right to use the site.

We do not promise and cannot guarantee that products, services or content of any sites accessible via our Service (including our own) are free from errors or viruses. When you access websites or their contents you do so at your own risk. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.

If you are under 18 years old, you confirm that you have obtained your parent’s or guardian’s consent before using the Service and you agree to use the Service in accordance with these terms. Where you are a parent or guardian consenting to the use of this Service by a person under 18, you agree to: (i) supervise their use; (ii) assume all associated risks; and (iii) assume any and all liabilities arising from their use of the Service.

Restrictions on use

You must NOT use the Service or any part of it:

• in a way that does not comply with these terms;
• in any unlawful manner, or for any unlawful purpose, or in any manner inconsistent with these Terms, 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;
• to knowingly send, receive, upload, download, or use any material which:
  • is abusive, indecent, defamatory, obscene or menacing;
  • may contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; or
  • overloads the Service;
• to promote racism, bigotry, hatred or harm to any group or individual;
• to transfer of technology, software, or other materials in violation of applicable export laws and regulations
• to access offensive sites containing pornographic and/or other offensive material;
• to send spam, or bulk email, or to carry out denial of service or any other malicious attacks;
• to send unsolicited advertising or promotional material;
• infringe our intellectual property rights or those of any third party;
• in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users use of the Services;
• in a way which attempts to modify, decompile or reconfigure the Service or software; or
• to carry out “hacking” activities (including attempting to violate the security of any computer network).

We have the right to take any action we consider appropriate and proportionate to the breach of these terms.

Termination

We can terminate these terms or stop providing the Services at any time and for any reason. We may also change, suspend, terminate or discontinue any aspect of the Services at any time and for any reason. Where possible, we will endeavour to give you notice before doing so.

On any termination of these Terms:

• your right to use the Services will cease; and
• we may terminate your access to and use of the Services.

Collection of your pseudo mac address (personal data)

When Wi-Fi is enabled on your device, your mobile device will continuously broadcast the device’s presence to Wi-Fi hotspots that are within range. It does this by using a pseudo media access control (MAC) address unique to your device but not the MAC address that is hard coded into the device at the factory. Pseudo means that there are techniques in place that replaces or removes information from the MAC address that can identify you.

We will collect your Pseudo MAC address in order to connect you to the Service. For further details please read our Privacy Notice.

We will not be liable to you:

• for any accidental loss or destruction of, or unauthorised access to, any personal information that you transmit using our Service; or
• for the content or security of personal information that you send or receive through our Service.

Cookies

The Service uses cookies to:

• manage continuity of your Wi-Fi session only when using the Service; and
• to maintain the language defined by your device that it wishes to operate in. This is to make sure that the user only receives the language of their choice as a portal. Even if only English is used this cookie is required to manage the user service across the Wi-Fi platform.

The Cookies are only used for operational purposes to provide you with a good experience when you use the Service. We do not collect any personal data as part of this.
For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

Limitation of liability

The Service is provided to you on an “as is” and “as available” basis and unless the law requires it, we will not be liable to you in any way in respect of the Service, your use of the Service and any content or data obtained or downloaded from it.

Neither we nor our affiliates will be liable to you in any circumstances for any losses, inconvenience or distress you suffer as a result of your use of the Services or if you are unable to use the Service or any part of it.

We and our affiliates shall not be liable to you for any loss or damage whatsoever (whether in contract, negligence or otherwise), arising out of or in connection with the Services even if, in each case, we or any of our affiliates has been advised of the possibility of such loss or damage, this includes, but is not limited to:

• loss of income, profit, use, revenue, contracts, anticipated savings, business or goodwill;
• indirect or consequential loss;
• cost and expenses;
• loss or corruption of data, loss resulting from any busy signals, errors, delays in service, unavailability, deletion of files, viruses, theft or alteration of your device; and
• loss resulting from any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.

We do not in any way exclude or limit our liability for death or personal injury due to negligence, or in respect of fraud, and these Terms will not limit any rights you have under UK consumer protection laws. Network Rail and telent have several liability under these terms.

No warranties, promises and/or representations of any kind, expressed or implied, are given with respect to the Services, including without limitation that: (i) the Services function or will be uninterrupted or free or errors or omissions; (ii) the defects will be corrected; (iii) the Services will continue to be available; (iv) the Services are virus-free (and we shall not be liable for any loss or damage that occurs as a result of any virus, including without limitation any distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other materials); or (v) the Services are compatible with your computer systems, software or hardware.

Disputes

By using the Service, you agree that:

• these terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services or formation shall be governed by and construed in accordance with the law of England and Wales; and
• the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services or formation.

General

Transfers: We may transfer our rights and obligations under these Terms 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.

Contact Details: If you wish to contact us for any reason please email us at freestationwifi.dataprotection@telent.com

Events outside of our Control: We are not responsible or liable for events outside our control. If our provision of the Service including any functionality provided as part of the Service is delayed by an event outside our control then we will let you if practical as soon as possible and we will take steps to minimise the effect of the delay.

No rights for third parties: These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

Severability: Each of the provisions of these Terms 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.

Waiver: If we delay in enforcing our rights and remedies under these Terms, we can still enforce them later.