By accessing our on board WiFi, you accept these Terms & Conditions and expressly agree that they will govern its use. If you do not agree to the Terms & Conditions, please do not access on board WiFi.
West Midlands Trains WiFi Hotspot and Website
This contract is between you and West Midlands Trains Ltd, who will be responsible for providing and operating the WiFi Hotspot and the Website (both as defined below).
Terms and Conditions
This page contains information on the following terms and conditions:
All versions of the Terms and Conditions, including printable versions of the Terms and Conditions can be accessed here. A link to the Terms and Conditions will also be emailed to you on completion of your registration to use the WiFi Hotspot.
General Terms and Conditions
These General terms and conditions apply to the Terms and Conditions as a whole.
"West Midlands Trains" or "we" or "us" means West Midlands Trains Limited a company registered in England and Wales whose registered office is at St Andrews House, 2nd Floor, 18-20 St Andrew Street, London, EC4A 3AG, England with company number 09860466.
"Contract" means these Terms and Conditions.
"Information" means all material delivered by or on behalf of West Midlands Trains through the WiFi Hotspot.
"User" or "you" or "your" means you, the registered user of the WiFi Hotspot and/or the Website.
"Website" means the Wifi Captive portal.
"WiFi Hotspot" means the wireless internet WiFi Hotspot to be provided by West Midlands Trains for use by the User.
Registration to use the WiFi Hotspot and/or Website
As part of registering to use the WiFi Hotspot and/or Website, you must read these Terms and Conditions before you press continue and use the WiFi Hotspot and/or the Website. By accessing and using the WiFi Hotspot and/or Website you agree to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions you may not access or use the WiFi Hotspot and/or the Website.
You must be aged over 18 to register as a user of the WiFi service and/or the Website. By pressing confirm/continue and/or using the WiFi Hotspot and/or the Website you are confirming that you are aged 18 or over. If you are under 18 years you must obtain consent from a parent or guardian before pressing confirm/continue and/or using the WiFi Hotspot and/or the Website.
Changes to the Terms and Conditions
West Midlands Trains reserves the right to change these Terms and Conditions from time to time by sending notice of the change to all Users or placing a notice on the Website and on the West Midlands Trains websites (at www.westmidlandsrailway.co.uk and www.londonnorthwesternrailway.co.uk). The User's continued use of the WiFi Hotspot and/or Website following notice of such change shall be deemed to be the User's acceptance of any such change.
It is the User's responsibility to check the email address that they provide on registration, the West Midlands Trains websites (at www.westmidlandsrailway.co.uk and www.londonnorthwesternrailway.co.uk) regularly to determine whether the Terms and Conditions have been changed. If the User does not agree to any change to the Terms and Conditions then the User must immediately stop using the WiFi Hotspot and/or the Website.
Complaints and Contact
If you wish to make a complaint about the WiFi Hotspot and/or the Website please use the details below.
If you were travelling on a London Northwestern Railway service:
London Northwestern Railway
134 Edmund St
Tel: 0333 311 0006
Or, if you were travelling on a West Midlands Railway service:
West Midlands Railway
134 Edmund St
Tel: 0333 311 0039
West Midlands Trains will try to address your comments and concerns in a fair and reasonable way in accordance with both the National Rail Conditions of Travel and our Passengers' Charter .
If your complaint relates to any information that you have accessed through the WiFi Hotspot and/or the Website that is provided by third parties, you will need to contact the relevant third party in accordance with the terms upon which you access such information.
Information about us
The WiFi Hotspot and Website is operated by West Midlands Trains. We are registered in England and Wales under company number 09860466 and have our registered office at St Andrews House, 2nd Floor, 18-20 St Andrew Street, London, EC4A 3AG. We are regulated by the Office of Rail and Road.
Protect your Equipment
Please take care of your wireless device. West Midlands Trains accepts no responsibility for loss or damage to it in connection with your use of the WiFi Hotspot and/or the Website, unless caused by West Midlands Trains's negligence.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the details contained below in the Complaints and Contact section above.
Each provision of these Terms and Conditions 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 by West Midlands Trains shall be construed as a waiver of any breach of any provision of these Terms and Conditions.
West Midlands Trains (and its successors and assigns) may freely assign this Contract to any company that replaces it as the operator of the West Midlands Trains Rail Franchise (or such other Rail Franchise that replaces the West Midlands Trains Rail Franchise).
Choice of Law
This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.
The WiFi Hotspot is provided on an "as is" and "as available" basis and West Midlands Trains makes no warranties or representations whether express or implied in relation to the Information, including implied warranties or conditions of completeness, accuracy, satisfactory quality or fitness for a particular purpose.
Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the WiFi Hotspot or any content accessed on or through it, whether express or implied.
We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, the WiFi Hotspot; or
- Use of or reliance on any content displayed on or through the WiFi Hotspot
Please note that we only provide the WiFi Hotspot for non-commercial, domestic and private use. You agree not to use the WiFi Hotspot for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your wireless device, programs, data or other proprietary material due to your use of the WiFi Hotspot or to your downloading of any content on or from it, or any website accessible on or through it.
The WiFi Hotspot
The User acknowledges:
- That it is technically impossible to provide the WiFi Hotspot entirely free of faults and that West Midlands Trains does not undertake to do so
- That faults may lead to temporary unavailability of the WiFi Hotspot including where West Midlands Trains is required to carry out any maintenance or updates to the WiFi Hotspot
- That the operation of the WiFi Hotspot may be adversely affected by conditions and performances outside West Midlands Trains ’s control, including transmission, telecommunications links between West Midlands Trains and Users, between different parts of West Midlands Trains , and between West Midlands Trains and other systems and networks; and
- That restrictions may apply to your use of the WiFi Hotspot including content that can be accessed through the WiFi Hotspot and the length of connection available to you, and West Midlands Trains may terminate access to the WiFi Hotspot to you at any location at any time without notice to you, including but not limited to situations where the User commits a breach of the Terms and Conditions
Third Party Information
The User further acknowledges that some of the Information, for example content, software and websites and/or digital content accessible using the WiFi Hotspot, is supplied to West Midlands Trains and/or the User (directly and indirectly) by third parties and accordingly West Midlands Trains can offer no warranty of whatever nature in relation to such Information.
We assume no responsibility for the content of websites accessible through or linked from the WiFi Hotspot. Such access and/or links should not be interpreted as endorsement by us of those websites. We will not be liable for any loss or damage that may arise from your use of them.
Use of the WiFi Hotspot/Indemnification
The User undertakes:
- Not to use the WiFi Hotspot for any unlawful purpose
- That it shall not make any use of the WiFi Hotspot such that the whole or part of the WiFi Hotspot is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the WiFi Hotspot is in any way impaired
- Not to use the WiFi Hotspot 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
- Not to use the WiFi Hotspot in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including any intellectual property rights or confidentiality)
- That it shall not use the WiFi Hotspot for any commercial or business purpose, including the right to resell access to the WiFi Hotspot to any third party or to transmit to other Users any material for the purposes of commercial publicity, promotion and/or advertising without the prior written consent of West Midlands Trains; and
- That in the event that it has any right, claim or action against any other user arising out of the use of the WiFi Hotspot then it shall pursue such right, claim or action independently of, and without recourse to, West Midlands Trains
The User will indemnify and defend West Midlands Trains against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract by the User.
The User acknowledges that all copyright, trade marks and all other intellectual property rights in the Wifi Hotspot shall remain vested in West Midlands Trains or its licensors.
West Midlands Trains cannot guarantee the security or privacy of the WiFi Hotspot and any information or communication to or from the WiFi Hotspot by the User.