East Coast Main Line Company Limited: Wi-Fi and Entertainment Terms and Conditions IMPORTANT

This agreement governs the terms of access to the entertainment and wireless internet service and associated mobile application (the “app”) provided by East Coast Main Line Limited

It is important that you read these Terms and Conditions carefully before you access and use the Entertainment and Wi-Fi services. Every time you access and use the service, you acknowledge that you agree to be bound by the then current Terms and Conditions set out below. If you do not wish to be bound by the Terms and Conditions please do not access and/or use the Entertainment and Wi-Fi services.

Virgin Trains East Coast's Privacy Policy forms part of these Terms and Conditions and you should read the Privacy Policy carefully before agreeing to these Terms and Conditions. The Virgin Trains East Coast privacy policy is available by clicking here.

We consider as private any of your personal information supplied by you or given to us while you use the Virgin Trains East Coast website, desktop and mobile retail sites and applications (apps), social media channels, on-board and Hotspot Wi-Fi, or the SMS feedback service and will hold it and process it in accordance with this Privacy Policy and all applicable Data Protection legislation currently in force.

Information we may collect, may include, by way of example:

  • your name and contact information, including email address and company details;
  • your billing information, transaction and payment card information;
  • information regarding your personal or professional interests, demographics, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services.
  • Information regarding your interaction with our services, session times, data consumption, train or station you have connected from, content viewed

Virgin Trains East Coast's Wi-Fi voucher pricing terms set out on Virgin Trains East Coast's website also form part of these Terms and Conditions and you should read the pricing terms carefully before agreeing to these Terms and Conditions. Virgin Trains East Coast's pricing terms are available by clicking here.

If you have any questions about these Terms and Conditions, please contact Virgin Trains East Coast's Wi-Fi service desk at wifi@virgintrainseastcoast.com or on 01163 66 33 36 before continuing.

IN PARTICULAR YOUR ATTENTION IS DRAWN TO THE SECTION ON OUR LIABILITY TO YOU (SEE BELOW).

If you are aged under 18, before you access and use the Entertainment and Wi-Fi services, please ensure that you have your parent/guardian's consent and ensure that they and you have read and agree to these Terms and Conditions. If you intend to use someone else's credit or debit card for purchasing a voucher, you should enter their details when registering and they and you agree thatthey will be deemed to have consented to be bound to these Terms and Conditions and will be a party to this contract.

Information about us

This service is operated by East Coast Main Line Limited, a company registered in England at Companies House. Our registered number is 04659708 and our registered address is at East coast House, Skeldergate, York, YO1 6DH (referred to in these Terms and Conditions as “Virgin Trains East Coast”). Our VAT Registration number is GB435757819.

The Service

You are responsible for providing any hardware and software necessary for you to access the service and the compatibility of that hardware and software. You accept the risk of any failures to your hardware and/or software as a result of using the service.

The service is intended to support general web browsing activities and use of the train’s preloaded entertainment content. Due to limited bandwidth and to ensure a consistent experience for all customers, the service does not support highbandwidth actions such as streaming music, streaming video or downloading large files from external locations and speed restrictions may be applied to your access.

Access to the service may be blocked, suspended, or terminated immediately at any time without notice and for any reason including, but not limited to, violation of this agreement, actions that may lead to liability for Virgin Trains East Coast, threaten the security of the service, disruption of access to other users or networks, licencing restrictions and violation of applicable laws or regulations.

You accept that we may restrict access to specific websites or content genres at our discretion. You accept that we may modify these restrictions from time to time.

We reserve the right at all times to withdraw the service, change the specifications, entertainment content or manner of use of the service in any way whatsoever.

If you use the app to access the services you agree that it is licenced to you on the basis of this agreement and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the app. We do not sell the app to you and we remain the owners of the app at all times and all the trade marks, copyright, database rights and other intellectual property rights in the app belong to us or our licensors. From time to time updates to the app may be issued. Depending on the update, you may not be able to use the some or all of the services until you have downloaded the latest version of the app and accepted any new terms.

Registration

To be able to access the Wi-Fi and Entertainment service, you will need to register on the Virgin Trains East Coast on-board website and log-in using your email address which we will ask you to supply/you have supplied as part of the registration process. When registering, you agree to provide Virgin Trains East Coast with accurate and complete registration information and it is your responsibility to ensure that registration details are correct.

To be able to access the rights managed content provided through the Entertainment services you will need to download and register on the App using your email address which we will ask you to supply as part of the in app registration process.

If you discover you have made a mistake with your registration details after you have submitted them to Virgin Trains East Coast, please contact Virgin Trains East Coast by emailing wifi@virgintrainseastcoast.com or telephoning on 01163 66 33 36 immediately so Virgin Trains East Coast can try to correct the mistake as soon as possible.

Each registration allows you to use the Entertainment and Wi-Fi services for your personal use only and you agree not to register on behalf of any other person or entity. You are responsible for keeping your registration details confidential. You should not permit other people to use your username or your password and you are responsible for preventing any unauthorised use.

You should contact Virgin Trains East Coast as soon as possible by emailing wifi@virgintrainseastcoast.com or telephoning on 01163 66 33 36 if you believe that anyone has obtained your registration details without your permission or if you become aware of any other breach of security on this Virgin Trains East Coast on-board website.

Use of Wi-Fi for Internet Access

If you hold a valid standard class ticket for the train journey you are making you may access the Internet free of charge via the Entertainment and Wi-Fi service for 15 minutes for each separate train journey for which you hold a valid ticket. This time period is measured from when you first log-on to the Entertainment and Wi-Fi service and will expire at the end of the allocated time regardless of whether you are browsing the Internet or not. If you purchased your train ticket directly through virgintrainseastcoast.com you will be entitled to free on-board Wi-Fi for the duration of your journey on Virgin Trains East Coast, using the code you received when you booked. If you did not book directly with virgintrainseastcoast.com you may purchase ‘vouchers' for an additional period of time for use of the Entertainment and Wi-Fi service by you. The initial 15 minutes free of charge will be available in addition to the minutes stated on the voucher. Vouchers are available to purchase through the Entertainment and Wi-Fi service website.

Each voucher has a separate code which is linked to the email address you gave to Virgin Trains East Coast when you registered on Virgin Trains East Coast's Entertainment and Wi-Fi service website. For vouchers purchased through the Virgin Trains East Coast's on-board website. Details of the voucher (including code and expiry date) will be sent to your registered email address by Virgin Trains East Coast and will be displayed on the confirmation of purchase screen. You may choose to activate your voucher immediately by clicking on the “Get Started” button or you may choose to activate and use your voucher by logging on and entering your voucher code at a later date prior the expiry date set out on the voucher.

The following vouchers will be available for purchase on the Entertainment and Wi-Fi service website. The pricing information is stated on the Entertainment and Wi-Fi service website which is available by clicking here.

Voucher type Validity period 10 hours 10 hours from when the voucher is activated by you (can be used on multiple journeys within the 10 hour period)

Once the voucher has been activated by you, the time will run until expiry and cannot be paused. Vouchers purchased for 10 hours can be used on multiple journeys within the 10 hour period starting at the time you activate the voucher.

Please ensure that if you have purchased a voucher you have written down and kept the voucher code as you will not be able to gain access to your email account via the Entertainment and Wi-Fi service before logging onto the Entertainment and Wi-Fi service in order to retrieve your code.

The time period of your voucher is measured from the time you click the “Get Started” button and will expire at the end of the allocated time regardless of whether you are browsing the Internet or not. You will be given the option to top up your voucher before it expires. The validity period for unused vouchers is 28 days from purchase.

If you hold a valid first class ticket for the train journey you are making you may access the Internet free of charge by logging onto the Entertainment and Wi-Fi service using your email address supplied as part of the registration process. You are permitted to access the Entertainment and Wi-Fi service for an unlimited period of time during that train journey.

For all classes of travel you agree:

  1. not to use the Wi-Fi service for any unlawful purpose or in breach of any law;
  2. not to make any use of the Wi-Fi service which causes the whole or part of the Wi-Fi service to be interrupted, damaged, made less efficient, or impair the effectiveness or functionality of the Wi-Fi service in any way;
  3. not to use the Wi-Fi service for sending or posting of any computer viruses or any other harmful code, or any material which is defamatory, offensive or of an obscene or menacing nature or in such a way as to cause annoyance, inconvenience or needless anxiety;
  4. not to use the Wi-Fi service in a way which infringes the rights of any person, firm or company (whether in breach of confidentiality or intellectual property rights or otherwise);
  5. that in the event that you have any right, claim or action against any other person, firm or company arising out of your use of the Wi-Fi service then you shall pursue such right, claim or action directly against that person, firm or company and you shall not pursue the claim via Virgin Trains East Coast; and
  6. that Virgin Trains East Coast may block access to certain websites by you on the Entertainment and Wi-Fi service, including for example certain high bandwidth web sites, in order to share bandwidth more amongst its user group.

Pricing and Payment

Voucher prices and other pricing information is stated on Virgin Trains East Coast's website which can be accessed by clicking here. The prices indicated on Virgin Trains East Coast's website include all taxes, including but not limited to, VAT unless stated otherwise by Virgin Trains East Coast. All credit and debit card transactions are handled by Worldpay and are subject to their terms and conditions which are available here. These prices, Worldpay's payment terms and other pricing information form part of your agreement with Virgin Trains East Coast. Details of special offers (if any) may be displayed on the Entertainment and Wi-Fi service website or Virgin Trains East Coast's website. All charges will be payable in pounds sterling unless otherwise stated by Virgin Trains East Coast.

Right to Cancel

If you have purchased a voucher, a refund or a replacement voucher (which may be for the full time or a partial amount) may be claimed by you if the following criteria are met:

  • You have not yet activated your voucher for use of the Entertainment and Wi-Fi service; and/or
  • You are unable to connect to the Entertainment and Wi-Fi service and this is due to Virgin Trains East Coast's fault.

If you have received your voucher as part of a complimentary offer a replacement voucher (which may be for the full time or a partial amount) may be claimed by you if the following criteria are met:

  • You are unable to connect to the Entertainment and Wi-Fi service and this is due to Virgin Trains East Coast's fault.

A refund or replacement voucher may also be offered by Virgin Trains East Coast if you are experiencing unacceptably slow connection speeds. This will be at the discretion of Virgin Trains East Coast and Virgin Trains East Coast will decide, acting on a reasonable basis, the amount of the refund.

Refunds or a replacement voucher cannot be claimed by you if the lack of connection to the Internet is due to a fault with your device or incorrect configuration of that device or your operator's error.

To request a refund or replacement voucher you should contact the Wi-Fi support helpdesk by emailing at wifi@virgintrainseastcoast.com or telephoning on 01163 66 33 36. You will be asked to provide your name, registered email address, voucher code, journey details, the time at which you experienced the issue and details of the issue/why you are seeking to claim a refund or replacement voucher. Virgin Trains East Coast will check its records to verify the usage of your voucher code.

Where your claim is agreed to by Virgin Trains East Coast, you will be offered a Wi-Fi voucher by way of compensation in the first instance. If requested by you, a refund may be offered. The value of the replacement voucher or the amount to be refunded is at the discretion of Virgin Trains East Coast and will be calculated on a pro-rata basis, based on the type of problem, the length of time you were logged on and the amount paid for the voucher. All refund or voucher replacement requests will be passed to Virgin Trains East Coast's finance team for authorisation and processing.

Our Liability To You

You may have other rights granted by law which are not set out under these Terms and Conditions. If those rights and these Terms and Conditions are inconsistent, then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by law. In addition, your right to receive and/or Virgin Trains East Coast's discretion to offer a refund or replacement voucher shall continue to apply.

For further information about your legal rights and how they may be affected by these Terms and Conditions including this section on our liability to you, Virgin Trains East Coast advises you to take legal advice.

Virgin Trains East Coast's liability to you depends on whether you are using the Entertainment and Wi-Fi service for business/commercial use or if you are using the Entertainment and Wi-Fi service for personal, non-commercial use. The following paragraphs apply to all users:

Virgin Trains East Coast does not guarantee that the Entertainment and Wi-Fi service website will be compatible with any or all hardware and software which you may use. Virgin Trains East Coast does not guarantee that the Entertainment and Wi-Fi service or your use of it will be available all the time or at any specific time, or that it will be error-free. Virgin Trains East Coast reserves the right to modify the Entertainment and Wi-Fi service at any time.

Virgin Trains East Coast does not exclude (in any circumstances and regardless of any wording to the contrary) its liability (if any) to you for:

  1. death or personal injury arising from Virgin Trains East Coast's failure to take proper care;
  2. fraud or fraudulent misrepresentation; or
  3. any matter which it would be illegal for Virgin Trains East Coast to exclude or attempt to exclude Virgin Trains East Coast's liability.

Virgin Trains East Coast is not responsible to you for any losses which you may incur which were not a foreseeable or any obvious consequence of Virgin Trains East Coast breaching these Terms and Conditions - including for example if you or Virgin Trains East Coast could not have anticipated those losses before or when Virgin Trains East Coast accepted your registration for use of the Entertainment and Wi-Fi service or it was not obvious that those losses would result.

Virgin Trains East Coast will not be responsible to you for losses which you suffer due to any event beyond Virgin Trains East Coast's reasonable control.

Although Virgin Trains East Coast will endeavour to provide a high standard of Wi-Fi service at all times, due to the nature of the service, faults, technical difficulties and/or loss of signal may lead to temporary unavailability of the Entertainment and Wi-Fi service and the operation of the Entertainment and Wi-Fi service may be adversely affected by conditions and performances outside Virgin Trains East Coast's control including, but not limited to, transmission, communications links between Virgin Trains East Coast and you, between different parts of Virgin Trains East Coast, and between Virgin Trains East Coast and other systems and networks.

You are expressly reminded that the Internet and Wi-Fi connections are not secure networks or a secure way to access the network. Virgin Trains East Coast cannot guarantee the security orprivacy of the Entertainment and Wi-Fi service and any information or communication to or from the Entertainment and Wi-Fi service by you. As a consequence, it is your responsibility to take all appropriate measures to protect your own data and/or software, including but not limited to protecting that data and software against viruses that may travel over the Internet and/or from hacking or other thirdparty intrusion into your device, and to backup your device before and after using the Entertainment and Wi-Fi service. Virgin Trains East Coast will not be responsible to you for losses which you suffer due to your failure to adequately protect your device from contamination by viruses or hacking/third party intrusion or from your failure to backup your device before and after using the Entertainment and Wi-Fi service.

Virgin Trains East Coast is not responsible for any content of the Internet including, but not limited to, information contained in websites and does not independently check third party information delivered through the Entertainment and Wi-Fi service. Virgin Trains East Coast cannot give any guarantee in respect of any such information as to its accuracy, and assumes no responsibility for your use of such information and any consequences of that use, including, but not limited to, any damages, injuries or consequences that may result from the use of other party's websites. The information and opinions in the third party information/websites are not endorsed by Virgin Trains East Coast.

You agree to accept responsibility for all activities which occur in relation to your registration details. Virgin Trains East Coast will not be responsible to you if there is unauthorised access to your registration details or unauthorised activity on this Entertainment and Wi-Fi service website as a result of your registration details becoming known by someone else, unless this is due to Virgin Trains East Coast's own failure to take proper care.

If you are using the Entertainment and Wi-Fi service for personal, non-commercial use, Virgin Trains East Coast will only be liable to you for losses which you suffer and prove as a result of a breach of these Terms and Conditions by Virgin Trains East Coast.

If you are using the Entertainment and Wi-Fi service to access the Internet and/or information for business/commercial use then the following section applies to you, only when you are using the Entertainment and Wi-Fi service for that business/commercial use. If you are using the Entertainment and Wi-Fi service as a consumer then the following paragraphs set out below in this section "Our Liability to You" do not apply to you when you are using the Entertainment and Wi-Fi service solely for personal, non-commercial use:

To the extent Virgin Trains East Coast is permitted to do so under law, the Entertainment and WiFi service is provided on an "as is" and "as available" basis and Virgin Trains East Coast makes no warranties or representations whether express, statutory or implied in relation to the information contained on the Entertainment and Wi-Fi service, including but not limited to implied warranties or conditions of completeness, accuracy, title, satisfactory quality or fitness for a particular purpose.

Except as set out above, you acknowledge and agree that Virgin Trains East Coast shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever, whether:

  1. direct losses or damages;
  2. indirect losses or damages; or
  3. consequential losses or damages.

Arising from or in connection with the Entertainment and Wi-Fi service, or these Terms and Conditions, including but not limited to:

  1. loss of business;
  2. loss of profits or revenue;
  3. loss of or depletion of goodwill or similar losses;
  4. loss of anticipated savings;
  5. loss of goods;
  6. loss of contracts;
  7. loss of the use of the Entertainment and Wi-Fi service;
  8. business interruptions;
  9. loss or corruption of data or information; or
  10. any other pecuniary or monetary loss.

Intellectual Property

The Entertainment and Wi-Fi service website, Virgin Trains East Coast's website and the Entertainment and Wi-Fi service are protected by copyright and other intellectual property rights which either belong to Virgin Trains East Coast or are licensed to Virgin Trains East Coast to use.

Suspension and Termination

Virgin Trains East Coast shall have the right to immediately terminate without notice your use of the Entertainment and Wi-Fi service and/or suspend the availability of the Entertainment and WiFi service if, in Virgin Trains East Coast's reasonable opinion, you commit a breach of these Terms and Conditions.

Your Data

Virgin Trains East Coast will deal with your personal data in compliance with the current data protection legislation in England and in accordance with Virgin Trains East Coast's Privacy Policy which is available by clicking here. By using the Entertainment and Wi-Fi service, you consent to Virgin Trains East Coast using your personal data as set out in the Privacy Policy and accept the Privacy Policy. The Privacy Policy forms part of these Terms and Conditions and you should read the Privacy Policy carefully before agreeing to these Terms and Conditions.

Other information of which you need to be aware

We may occasionally update these Terms and Conditions for example to comply with changes in the law or to take account of new services we may offer, by placing a suitable notice of such change on the Entertainment and Wi-Fi service website. Your continued use of the Entertainment and Wi-Fi service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check the Entertainment and Wi-Fi service website regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Entertainment and Wi-Fi service.

The Terms and Conditions and any non-contractual obligations arising out of your use of the Entertainment and Wi-Fi service shall be governed by English law and Virgin Trains East Coast and you both agree to submit to the non-exclusive jurisdiction of the English Courts.

Virgin Trains East Coast may not necessarily keep a copy of these Terms and Conditions and your registration details. Virgin Trains East Coast advise you to download a version of these Terms and Condition by clicking here so you can refer to them in the future.

This contract and all communications between Virgin Trains East Coast and you will be conducted in the English language.

Any notices Virgin Trains East Coast sends to you will be sent to the most recent e-mail address or postal address provided to Virgin Trains East Coast by you.

These Terms and Conditions are a contract between you and Virgin Trains East Coast. Unless you are aged under 18 and are using the Entertainment and Wi-Fi service with the consent of your parents/guardian, neither you nor Virgin Trains East Coast intend that these Terms and Conditions will be enforceable by anyone except you and Virgin Trains East Coast whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

If you are not satisfied by the Entertainment and Wi-Fi service you receive, please contact the WiFi support helpdesk by emailing at wifi@virgintrainseastcoast.com or telephoning on 01163 66 33 36. Alternatively, you can contact our customer relations team:

Virgin Trains East Coast Customer Relations

Virgin Trains East Coast

East Coast House

Skeldergate

York YO1 6DH

Tel: 03457 225 333

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