Wi-Fi Terms and Conditions
London North Eastern Railway Limited: Wi-Fi Terms and Conditions
This agreement governs the terms of access to the wireless internet service provided by London North Eastern Railway Limited (LNER).
It's important that you read these Terms and Conditions carefully before you access and use the Wi-Fi services. Every time you access and use the service, you acknowledge that you agree to be bound by the current Terms and Conditions set out below. If you don't wish to be bound by the Terms and Conditions, please do not access and/or use the LNER Wi-Fi services.
Information we may collect, may include, by way of example:
- your name and contact information, including email address and company details
- information regarding your personal or professional interests, demographics, nearest station, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services where you have given permission
- Information regarding your interaction with our services, session times, data consumption, location, train or station you have connected from, content viewed.
If you are aged under 18, before you access and use the 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 Wi-Fi voucher, you should enter their details when registering and they and you agree that they 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 London North Eastern Railway Limited, a company registered in England at Companies House (referred to as "LNER" within these terms and conditions). Our registered number is 04659712 and our registered address is at East Coast House, Skeldergate, York, YO1 6DH.
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. Due to limited bandwidth and to ensure a consistent experience for all customers, the service does not support high bandwidth 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 LNER, threaten the security of the service, disruption of access to other users or networks, licensing 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, content or manner of use of the service in any way whatsoever.
To be able to access the Wi-Fi service, you will need to register on the LNER Wi-Fi service 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 LNER with accurate and complete registration information and it is your responsibility to ensure that registration details are correct.
If you discover you have made a mistake with your registration details after you have submitted them to LNER, please email LNER or phone 01163 66 33 36 immediately so we can try to correct the mistake as soon as possible.
Each registration allows you to use the 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 LNER as soon as possible 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 the LNER Wi-Fi service website - please email LNER or phone 01163 66 33 36 if this is the case.
Use of Wi-Fi for internet access
Wi-Fi is free for all customers in Stand or First Class travelling on one of our LNER trains.
To access the internet you log onto the Wi-Fi service using your email address supplied as part of the registration process. You can then use the onboard Wi-Fi for an unlimited period of time during your train journey.
For all customers travelling on an LNER train you agree:
- not to use the Wi-Fi service for any unlawful purpose or in breach of any law;
- 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;
- 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;
- 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);
- 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 LNER; and
- that LNER may block access to certain websites by you on the Wi-Fi service, including for example certain high bandwidth websites, in order to share bandwidth more among its user group.
Wi-Fi is completely free on all LNER trains.
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 LNER'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, LNER advises you to take legal advice.
LNER's liability to you depends on whether you are using the Wi-Fi service for business/commercial use or if you are using the Wi-Fi service for personal, non-commercial use. The following paragraphs apply to all users:
LNER does not guarantee that the Wi-Fi service website will be compatible with any or all hardware and software which you may use. LNER does not guarantee that the 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. LNER reserves the right to modify the Wi-Fi service at any time.
LNER does not exclude (in any circumstances and regardless of any wording to the contrary) its liability (if any) to you for:
- death or personal injury arising from LNER's failure to take proper care;
- fraud or fraudulent misrepresentation; or
- any matter which it would be illegal for LNER to exclude or attempt to exclude LNER's liability.
LNER is not responsible to you for any losses which you may incur which were not a foreseeable or any obvious consequence of LNER breaching these Terms and Conditions - including for example if you or LNER could not have anticipated those losses before or when LNER accepted your registration for use of the Wi-Fi service or it was not obvious that those losses would result.
LNER will not be responsible to you for losses which you suffer due to any event beyond LNER's reasonable control.
Although LNER 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 Wi-Fi service and the operation of the Wi-Fi service may be adversely affected by conditions and performances outside LNER's control including, but not limited to, transmission, communications links between LNER and you, between different parts of LNER, and between LNER 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. LNER cannot guarantee the security or privacy of the Wi-Fi service and any information or communication to or from the 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 third-party intrusion into your device, and to backup your device before and after using the Wi-Fi service. LNER 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 Wi-Fi service.
LNER 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 Wi-Fi service. LNER 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 LNER.
You agree to accept responsibility for all activities which occur in relation to your registration details. LNER will not be responsible to you if there is unauthorised access to your registration details or unauthorised activity on this Wi-Fi service website as a result of your registration details becoming known by someone else, unless this is due to LNER's own failure to take proper care.
If you are using the Wi-Fi service for personal, non-commercial use, LNER 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 LNER.
If you are using the 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 Wi-Fi service for that business/commercial use. If you are using the 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 Wi-Fi service solely for personal, non-commercial use:
To the extent LNER is permitted to do so under law, the Wi-Fi service is provided on an "as is" and "as available" basis and LNER makes no warranties or representations whether express, statutory or implied in relation to the information contained on the 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 LNER shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever, whether:
- direct losses or damages;
- indirect losses or damages; or
- consequential losses or damages.
Arising from or in connection with the Wi-Fi service, or these Terms and Conditions, including but not limited to:
- loss of business;
- loss of profits or revenue;
- loss of or depletion of goodwill or similar losses;
- loss of anticipated savings;
- loss of goods;
- loss of contracts;
- loss of the use of the Wi-Fi service;
- business interruptions;
- loss or corruption of data or information; or
- any other pecuniary or monetary loss.
The Wi-Fi service website, LNER's website and the Wi-Fi service are protected by copyright and other intellectual property rights which either belong to LNER or are licensed to LNER to use.
Suspension and termination
LNER shall have the right to immediately terminate without notice your use of the Wi-Fi service and/or suspend the availability of the Wi-Fi service if, in LNER's reasonable opinion, you commit a breach of 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 Wi-Fi service website. Your continued use of the 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 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 Wi-Fi service.
The Terms and Conditions and any non-contractual obligations arising out of your use of the Wi-Fi service shall be governed by English law and LNER and you both agree to submit to the non-exclusive jurisdiction of the English Courts.
LNER may not necessarily keep a copy of these Terms and Conditions and your registration details. LNER advises 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 LNER and you will be conducted in the English language.
Any notices LNER sends to you will be sent to the most recent e-mail address or postal address provided to LNER by you.
These Terms and Conditions are a contract between you and LNER. Unless you are aged under 18 and are using the Wi-Fi service with the consent of your parents/guardian, neither you nor LNER intend that these Terms and Conditions will be enforceable by anyone except you and LNER whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If you are not satisfied by the Wi-Fi service you receive, please contact the Wi-Fi support helpdesk by emailing our Wi-Fi support team or phoning 01163 66 33 36. Alternatively, you can contact our customer services team:
LNER Customer Services
Tel: 03457 225 333