National Express: Wi-Fi Service Terms and Conditions

IMPORTANT:

You must read these terms and conditions of this agreement before you access and use the Wi-Fi service. By accessing and using the Wi-Fi service 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 Wi-Fi service.

Definitions

“Hotspot” means the physical location of the radio access points offering the Wi-Fi Service. 

“User” means you, the Hotspot and Wi-Fi Service end-user.

“Wi-Fi Service” the wireless access to the internet via the Hotspot.

The Wi-Fi Service

We offer this Wi-Fi Service to you free of charge.

You may use this Wi-Fi Service as long as you accept these Terms.

The Wi-Fi Service is provided on an "as is" basis and we make no warranties or representations, whether express or implied, that the Wi-Fi Service will always be available or uninterrupted, including implied warranties or conditions of completeness, accuracy, satisfactory quality or fitness for a particular purpose.

Further, we do not warrant or guarantee that the Wi-Fi Service is compatible with all mobile phone, tablet and/or computer devices.

Our liability to you

We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any:

1. loss of income or revenue;
2. loss of business;
3. loss of profits;
4. business interruption;
5. loss of data; or
6. any indirect or consequential loss of any kind (even where you have notified us of the possibility of such loss or damage).

Our total liability to you in respect of all and any direct losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total price paid by the User for their ticket for travel on the relevant National Express service.

Nothing in these Terms limits or excludes our liability to you for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation; or
3. any other liability which cannot be limited or excluded as a matter of law.

Support

You acknowledge and accept that:

1. it is technically impossible to provide the Hotspot and/o the Wi-Fi Service entirely free of faults and that we do not undertake to do so;
2. faults may lead to temporary unavailability of the Hotspot and/or the Wi-Fi Service; and
3. the operation of the Hotspot may be adversely affected by conditions and performances outside of our control, including transmission, telecommunications links between (i) us and you; (ii) different parts of the National Express Group PLC; and (iii) us and other systems and networks.

If you experience any problems using the Hotspot and/or Wi-Fi Service, you should contact our Customer Care team on 03717 81 81 81.

Third party components

You also acknowledge and accept that some components of the Wi-Fi Service, for example, software, is supplied to us (directly and indirectly) by third parties and, accordingly, we can offer no warranty of whatever nature in relation to such components of the Wi-Fi Service.

Your use of the Wi-Fi Service

You may access the Hotspot and Wi-Fi Service strictly in accordance with these Terms.

The Wi-Fi Service is intended for browsing the internet and using apps only.  The Hotspot and Wi-Fi Service are not a secure network and we are not responsible for the security of the information and data which you transmit using the Hotspot and Wi-Fi Service.

We are not responsible for:

1. the accuracy of any information or data obtained from the internet using the Wi-Fi Service; or
2. the content of websites you visit while using Wi-Fi Service.

To ensure all users have a good experience of using the Wi-Fi Service, we may restrict or block access to certain websites and online services, such as video-streaming or file sharing websites and services.  Each media access control (MAC) address that you use to access the WiFi Service shall have a set data allowance, which we will reset every 24 hours.  

You shall not:

1. use the Wi-Fi Service for any unlawful purpose;
2. make any use of the Wi-Fi Service such that the whole or part of the Wi-Fi Service is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Wi-Fi Service is in any way impaired;
3. use the Wi-Fi Service 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. use the Wi-Fi Service in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including rights of copyright or confidentiality); and
5. use the Wi-Fi Service to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent.

If you have any right, claim or action against any other person arising out of the use of the Wi-Fi Service, you shall pursue such right, claim or action independently of, and without recourse to, us.

You shall indemnify and hold us harmless against all claims, liability, damages, costs and expenses, including legal fees, arising out of your breach of these Terms or use of the Wi-Fi Service.

We have no control over the nature or content of information or programs transmitted or received by you whilst you are using the Wi-Fi Service and shall be under no obligation to monitor your use of the Wi-Fi Service (although we reserve the right to do so if we so choose).

Intellectual Property

All copyright, trademarks and all other intellectual property rights in the Wi-Fi Service and/or Hotspot shall remain vested in us or our licensors.

Suspension and Termination

We may suspend the Wi-Fi Service at any time, for any reason, at our sole discretion.

We shall have the right to immediately suspend your use and access of the Wi-Fi Service and/or terminate these Terms if you commit a breach of any of the Terms.

Your Personal Data

By using the Wi-Fi Service, we will process your personal data (i.e. MAC address) as required to enable us to provide you with access to the Wi-Fi Service.  We will not process your personal data for any other purpose or share it with any other third parties, except as required by law or any regulatory body.

Please refer to our Privacy Policy for more information https://www.nationalexpress.com/en/help/privacy-centre

Changes to these Terms

We may change these Terms from time to time, so we recommend that you regularly review these Terms.

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 us shall be construed as a waiver of any breach of any provision of these Terms.

Choice of Law

These Terms shall be governed by the laws of England and Wales and both you and us hereby irrecoverably submit to the exclusive jurisdiction of the English and Welsh courts. 

Please take care of your wireless device.  We accept no responsibility for loss or damage to your wireless device.