Terms & Conditions

Introduction

 

First/Keolis TransPennine Limited makes this Site available to you to provide information about its business and about certain products and services available to you.

Please read these Terms of Use (as defined below) carefully. Your access to, and use of, the website of First/Keolis TransPennine Limited of 7th Floor, Bridgewater House, 60 Whitworth Street, Manchester, M1 6LT ("First TransPennine Express") with all URL's being www.tpexpress.co.uk or derivations thereof (the "Site") is provided by and is subject to the terms, conditions and notices set out herein and in our Privacy Policy and all applicable laws and regulations. By accessing and using the Site, you accept and agree to be bound by, without limitation or qualification, these Terms of Use and, if you buy tickets on-line, by the National Rail Conditions of Carriage (www.nationalrail.co.uk/conditions.htm) , and acknowledge that any other agreements between you and First TransPennine Express are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use and the National Rail Conditions of Carriage, then please exit the Site. By continuing to use the Site you are deemed to accept and to be bound by the Terms of Use and, if you buy tickets on-line, by the National Rail Conditions of Carriage (www.nationalrail.co.uk/conditions.htm) (as amended from time to time). We may change the Terms of Use at any time at our sole discretion and your continued use of the Site after any such changes are made, will indicate your agreement to those varied terms. For the purposes of the Terms of Use "we", "our" and "us" refers to First TransPennine Express and any reference to "you" or "your" means you, the user.

Ownership of Content

 

First TransPennine Express are the copy write owner of all graphical and text content that may be found on this web site (all rights reserved). Unless being used for personal or non-commercial use, no part of this web site may be copied, modified, or published without the prior written permission of First TransPennine Express.

By accessing this site you guarantee to First TransPennine Express that you will not use this web site for any purpose that is unlawful or prohibited by these terms, conditions and notices. 

First TransPennine Express also reserves the right to suspend, or permanently block your access to this site at their discretion.

Links to Third Party Websites

 

The Site and all of its contents including, but not limited to, the text, Site (as well as the organisation and layout of the Site), design, logos, graphics, icons and images (the "Content") are owned and copyrighted by First TransPennine Express or others (including our licensors) with all rights reserved unless otherwise noted. All trade marks, copyright, database rights, design rights, patents and other intellectual property rights (together "the Rights") in the Content and the Rights in any software or underlying software code that is made available for download from the Site ("Software") are owned by us or our licensors. Any Content that is a trademark, logo or service mark is also a registered or unregistered trademark of First TransPennine Express and/or third parties. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any Rights of First TransPennine Express or any other third party. Where the Content is owned or copyrighted by a third party, certain restrictions may apply that you have to comply with. Where these apply, they will be indicated on the relevant part of this Site. Your use of any Content, except as provided in these Terms of Use, without the written permission of First TransPennine Express is strictly prohibited. You are also advised that First TransPennine Express will enforce their intellectual property rights to the fullest extent permitted by the law, including the seeking of criminal prosecution.

Cookies

 

Cookies allow us to automatically identify you so that we can deliver news and content best suited to you. When you enter our site your computer will automatically be issued with a Cookie, which is a text file, which identifies your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. Many sites do this whenever a user visits their site, in order to trace traffic flows. Cookies themselves only record which areas of the site have been visited by the computer in question, and for how long. Users have the opportunity to set their computers to accept all cookies, to notify you when a cookie is set, or not to receive cookies at any time, although this of course means that personalised services cannot then be provided to that user. Allowing us to create a cookie does not give us access to the rest of your computer and we will not use cookies to track your online activity once you leave our site.

Contributions to the Site

 

Where you are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant First TransPennine Express a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Site's Privacy Policy. If you do not want to grant to First TransPennine Express the rights set out above, please do not submit your contribution to the Site. Furthermore, by submitting your contribution to the Site, you warrant that your contribution:

is your own original work and that you have the right to make it available to First TransPennine Express for all the purposes specified above;

• is not defamatory; and
• does not infringe any law; and
• indemnify First TransPennine Express against all legal fees, damages and other expenses that may be incurred by First TransPennine Express as a result of your breach of the above warranty; and
• you waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and for the purposes specified above.

Your Use of the Site

 

You may download the Content, but only for informational, non-commercial, non-profitable and personal use and provided that you do not remove, adapt, alter or obscure any of the information, Content or notices (such as copyright and other proprietary notices) contained on the Content. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Content (including, but not limited to, "caching" any material on the Site for access by third parties or "mirroring" any material on the Site) in any way except for your own personal, non-commercial use. Any other use of the Content or the Site requires the prior written permission of First TransPennine Express;

Content within the "Media Centre" section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media;

You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without First TransPennine Express's prior written permission;

You may not create a database in electronic or structured manual form by systematically downloading and storing any Content on the Site;

As a condition of your access to and use of this Site, you warrant to First TransPennine Express that you will not use this Site for any purpose that is prohibited by these Terms of Use or could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and that you will not use the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, discriminatory, liable to incite racial hatred, libellous, defamatory, vulgar, obscene, indecent, scandalous, offensive, inflammatory, blasphemous, pornographic, or profane material or material in breach of confidence or privacy. First TransPennine Express will fully cooperate with any law enforcement authorities or any court order requesting or directing it to disclose the identity of anyone posting or transmitting any such information or materials. You also warrant to tell First TransPennine Express as soon as you become aware of any unlawful or prohibited use of this Site by any third parties;

You are responsible for complying with local laws and regulations of the jurisdiction from which you access this Site. This Site should not be accessed in any jurisdiction where for any reason the publication or availability of this Site is prohibited. First TransPennine Express does not represent that this Site complies with laws in all jurisdictions. If you are in doubt, you should seek legal advice and if necessary, terminate your use of this

We endeavour to keep this website free from viruses and other malicious programs.  We cannot accept responsibility, however, for any such programs that might be transmitted to your computer as a result of your use of the site or a third party website. First TransPennine Express shall not be liable for any damages to, or viruses that may infect your computer equipment or other property, by reason of your use of, access to, or downloading of any material from, this web site.

Disclaimers

 

Information, data, advice and opinions expressed in this Site should not be relied upon for personal, legal, financial or other decisions. You should consult an appropriate professional for specific advice tailored to your situation.  First TransPennine Express cannot be held liable for either direct or indirect damage or loss, including lost profit, incurred through use of the information, data, advice or opinions expressed in this Site

First TransPennine Express shall use reasonable care and skill in carrying out the services contained in this site. However all content (including the information, names, images, pictures, logos and icons regarding or relating to First TransPennine Express, its products and services (or to third party products and services)) and all products and services are subject to change and are provided to you "as is" and on an "is available" basis. While First TransPennine Express has taken all reasonable effort to ensure that the information contained within the web site is correct, you should be aware that the information it contains may be incomplete, incorrect, or may have become out of date and is provided without any representations or any kind of warranty made of any kind (whether expressed or implied by law) to the extent permitted by law, including, but not limited to, the implied warranties of suitability, satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, First TransPennine Express neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date.

First TransPennine Express assumes no responsibility for any information not provided on this Site or for the failure of any of our services offered on this Site, including but not limited to the provision of train service information and the sale of rail tickets.