This Agreement forms part of your registration. By clicking the “I agree” button you also confirm that you are of legal age to enter into a legally binding contract with us. If you do not agree to any of the terms in this agreement (“Agreement”), you must not click the “I agree” button.
This Agreement covers the following:
In this Agreement to terms “TPE”, “we” and “us” refer to First TransPennine Express Limited.
1. We grant to you the following non-exclusive, non-transferable, royalty-free limited licences:
(a) to download and install the TPE App (which for the purposes of this “Licence and warranty” section includes any updates and future versions of the TPE App, as well as all improvements, updates or other modifications to the TPE App) solely for your personal use in connection with (i) the operation and management of wireless internet connectivity on your personal device (“Single Sign Up”) and (ii) the use of any other services provided by us through the TPE App; and
(b) subject to the terms of this Agreement, to download and store solely for your personal use any content and materials accessible or otherwise made available by us (such as movies, films, magazines and television shows) through the TPE App or the TPE WiFi portal (Content).
3. We may revise this Agreement at any time and the terms which will apply to are the terms which are current at the point at which you access the TPE App and/or the Content.We may change these terms at any time by notifying you of a change when you next log on through TPE App. The new terms may be displayed on screen and you may be required to read and accept them to continue your use of TPE App.
4. You undertake to us that you shall not:
(a) reverse engineer, decompile, copy or adapt the whole or any part of the TPE App or the Content; or
(b) remove or alter any copyright, intellectual property of any sort, or other proprietary notice on the TPE App or the Content, or allow any third party to do so.
5. You undertake that you shall not use TPE App or any Content:
(a) for any purpose other than that described at the beginning of this Agreement;
(b) to copy, rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the TPE App or Content.
(c) in any way that breaches any applicable local, national or international law or regulation;
(d) in any way that is unlawful, illegal or fraudulent, or has any unlawful, illegal or fraudulent purpose or effect;
(e) in any commercial capacity, or for any commercial purpose;
(f) in any way that is threatening, discriminatory, defamatory, racist, obscene, indecent, offensive, abusive, harmful or malicious, or which we deem inappropriate;
(g) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with others;
(h) to send, knowingly receive, upload, download, store, use or re-use any material which infringes any third party’s intellectual property rights, or to use, distribute and/or copy such material;
(i) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or to carry out any “phishing” activities;
(j) to collect any personally identifiable information, whether from other users of the TPE App or otherwise;
(k) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(l) in any way that threatens the integrity and/or security of any network or computer system;
(m) in any way that attempts to avoid incurring charges or to avoid otherwise being required to pay for such usage;
(n) in any way that degrades or interferes with other users’ use of the TPE App (or may do so); or
(o) in any way that contravenes generally accepted standards of conduct and usage, including but not limited to denial of service attacks, web page defacement, port or network scanning and unauthorised access to systems, or allow any third party to do any of the foregoing.
6. You acknowledge and accept that it is your sole responsibility to arrange at your own cost for access to and use of all third party services necessary to use the TPE App and the Content, including without limitation: (i) mobile network access from your Internet service provider and (ii) any operating system or other software which are required to be installed on your wireless device in order to use, access or store the TPE App and/or the Content;
(a) you will be assumed to have obtained permission from the owners of the mobile devices that are controlled, but not owned, by you. You and they may be charged by your and their internet service providers for internet access on the TPE App. You accept responsibility in accordance with the terms of this Agreement for the use of the TPE App on or in relation to any mobile device, whether or not it is owned by you; and
(b) you are solely responsible for all content sent, received, uploaded, downloaded, or stored using the TPE App, and that neither we nor our associated Internet service provider(s) are under any obligation to monitor or moderate such content.
7. You acknowledge and accept that title to, and all copyright and other intellectual property rights subsisting in TPE App and the Content shall in all circumstances and at all times remain with us or any of our or their licensors, as appropriate. Without prejudice to the generality of the foregoing, we reserve (on behalf of ourselves and our and their licensors) all rights not expressly granted by this Agreement.
8. By using the TPE App, you consent to us collecting and using technical information about the mobile device and related software, hardware and peripherals for internet based or wireless services to improve our products and to provide any services to you.
9. You acknowledge and accept that the TPE App and all Content is provided “AS IS”, and, to the greatest extent permitted by law, the parties and our licensors do not provide any warranty with respect to the TPE App or the Content. In particular, but without limitation, we do not warrant that use of the TPE App will be uninterrupted or error free. Furthermore, we take no responsibility, and accept no liability for, any connectivity issues arising or resulting from your mobile network or Wi-Fi connection.
10. Additionally, by using the TPE App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the TPE App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
11. A small number of users are responsible for generating large volumes of traffic on the Transpennine Express WiFi network, which can impact the service we offer to our other customers. To protect the WiFi network and maintain quality of service we are permitted at any time to temporarily or permanently control or restrict your online activities where such activities may have a detrimental effect on other customers' quality of service and it is reasonable for us to do so (e.g. sending "spam" messages or hosting a website). We reserve the right to apply a Fair Usage Policy or to restrict of limit your access to the functionalities of the App in order to ensure that all of our customers receive a fast and reliable service.
12. We may implement URL blocking to general categories of sites that may be deemed inappropriate for public environments or specific URLs for legal, contractual or performance reasons.
13. To the greatest extent permitted by law, all conditions, warranties, terms and undertakings, express or implied statutory or otherwise, in respect of the TPE App and the Content are hereby excluded.
14. We only supply the TPE App for domestic and private use. You agree not to use the TPE App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. If you are in breach of any of the terms in this “Agreement, we may without notice to you:
(a) terminate your licence to use the TPE App, whether by disabling the functionality of the TPE App or otherwise; or
(b) remove and delete any content sent, received, uploaded, downloaded, or stored using in connection with the TPE App.
14. You agree that, except for death and personal injury arising from the negligence of the parties, the parties 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 Agreement, including damage for loss of business, loss of profits, business interruption, loss of business information or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage)
15. You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Agreement or any use of the TPE App by you. You acknowledge that we have no control over the nature or content of information or programs transmitted or received by you using the TPE App and that we do not examine in any way the use to which you put the TPE App. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the TPE App which are brought or threatened against us by any other person.
16. You acknowledge that our ability to provide the TPE App, TPE App and Content to you free of charge is based on the limited warranties, disclaimers and limitations of liability specified in this Agreement and it would require a substantial charge to provide these if any of these provisions were unenforceable.
17. The TPE App and wifi and entertainment service are provided free of charge as a compliment to your journey and no part of the ticket price is attributed to the provision of the TPE App, wifi, or entertainment services.
18. Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
19. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
(a) our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.
20. This Agreement is governed by English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.
Information we collect
We may collect the following data and other information about you, either as part of your registration for the TPE App, or when you are using the TPE App and/or TPE WiFi:
- Activity Logs about which networks the TPE App attempts to connect to and the outcome of those connections, including the quality and performance of the connections.
- Network Activity logs, including duration of connections and amount of data transmitted and received.
- Signal Strength for the various radio connections available on a TPE App enabled device.
- Battery & Power Management
- Internet Protocol Address
- Event information, including crashes, system activity, hardware configuration, language, and the date/time of these events.
6. Location Information to enable us to provide the best possible connection.
7. Opening and reaction to media delivered to you via the TPE App.
8. If you contact us, we may store records of our communications to help us solve future issues.
In relation to the information and data (including personal data) described in paragraphs 1 – 4 above (User Data), we collect and process the User Data on behalf, and in accordance with the instructions, of our associated internet service providersubcontractors in order to provide you with the services you access though the TPE App.
If you have any questions regarding the use of the User Data, you should contact us at firstname.lastname@example.org.
In relation to the information and data described in paragraphs 5 - 7 above (“Connection Data”), we collect, process, use and share the Connection Data in accordance with the sections below.
How we use Connection Data
All Connection Data we collect from you is used for the following purposes only:
2. To maintain, improve and develop new technologies as well as to protect you and other users of the TPE App from external harms.
3. To notify you of changes to the TPE App.
4. To improve the targeting and delivery of advertising services.
5. To comply with applicable legislation relating to the use of wireless networks.
Storage and Processing of Location Data
By registering for the TPE App, you acknowledge that you are providing us with certain geographic location data as part of the Connection Data collected by us (“Location Data”), and agree to the collection, storage and processing of your Location Data, as well as the transfer, storage and processing of the Location Data at destinations outside the European Economic Area by us and our suppliers in order to provide you with the services you access though the TPE Apll. We will take all steps reasonably necessary to ensure that the Location Data is treated securely and in accordance with this Agreement. For the purpose of the United Kingdom Data Protection Act 1998 (the “Act”), we are the data controller is the parties.
When you no longer want to use the TPE App you are able to delete the TPE App from your wireless device. Information will continue to be stored by us in accordance with the terms of this Agreement and as required by law and regulation.
Information we Share
There are limited circumstances under which we will share Connection Data (including Location Data) with other companies, organizations and individuals, including:
2. Where it is necessary for the provision of the services you request under the TPE App. Components of our technology require us to make information available to third party organisations or individuals on your behalf (for example your internet service provider), and you agree that we may share your information (including Location Data) with such third party organisations and individuals for such purposes.
3. External Processing. We work with certain third parties, either to supply additional services requested by you (for example data compression services) or to enhance or improve our service (for example fraud detection services), and you agree that we may share your information (including Location Data) with such third parties in order to provide or deploy such services.
4. Legal reasons. In order to enforce the terms of this Agreement (including investigation of actual or suspected breaches), to comply with applicable law, regulation, legal process or governmental request, to protect against harm to the rights, property or safety of the parties, our customers, our employees, or third parties.
Aggregated, non-personally identifiable information is also disclosed from time to time to our partners or the public in order to show trends and patterns in the use of our technology.
Enforcement and Complaints
When we receive a formal written complaint we will contact the person making the complaint, and attempt to resolve the problem.
Other important matters