1. The agreement between you and us
1.1 By using the service you agree to be bound by these terms and conditions in full.
1.2 We may revise this agreement at any time and the terms which will apply to the service are the terms which are current at the point at which you access the service.
1.3 You warrant that any registration information that you submit to us is true, accurate and complete.
2. The service
2.1 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.
2.2 National Express is providing this service to customers free of charge, and it is intended to support general web browsing activities and use of the coach’s pre-loaded entertainment content. 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.
2.4 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.
2.5 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.
2.6 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. Licence keys will need to be updated every 30 days to continue watching DRM content.
2.7 We may also anonymise and bundle together your usage data and share it with third parties. These third parties may use it for marketing purposes, like improving their targeting of advertising. Other than this, the only time we would share your data with any third parties would be if we were required to pass it on for legal or regulatory reasons
3. Your conduct
3.1 You must not use the service for any unlawful, immoral or improper purpose and in accessing the service you must:
(i) Act lawfully – do not act in any way that could be unlawful or encourage others to act unlawfully. In particular, do not infringe intellectual property rights, do not act in any way that could prejudice minors, do not reveal confidential or sensitive information and do not engage in any criminal offence or encourage others to do so.
(ii) Act responsibly – the service is provided on the basis that you use it responsibly. You accept that there may be children or vulnerable people nearby who can see or hear how you are using the service. You must not undertake actions that are harassing, defamatory, threatening, obscene, abusive, racist, sexist, discriminatory, offensive or otherwise objectionable or inappropriate. Do not to attempt to modify the service in any way. Do not pretend to be anyone other than yourself. Do not collect email addresses or other personal details or use the service to send spam. Do not disturb other people nearby with excessive noise or alarming imagery. Do not to infringe upon the privacy of others while using the service, this includes the transmission of still or moving imagery of other people nearby.
(iii) Act reasonably – do not use the service in any way that may affect the running of the service or network or other technology connected to it (for example, other users’ devices). To ensure the provision of a quality of service to all our customers and to ensure that the behaviour of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply.
3.2 You agree that you will stop using, or modify your use of the service if requested to do so by any employee or agent of National Express.
3.3 In relation to the app, except as expressly set out in this agreement or as permitted by any local law, you agree:
(i) not to copy the app except where such copying is incidental to normal use of the app;
(ii) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the app;
(iii) not to make alterations to, or modifications of, the whole or any part of the app, or permit the app or any part of it to be combined with, or become incorporated in, any other programs; and
(iv) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the app or attempt to do any such thing except to the extent that such actions cannot be prohibited.
4.1 You acknowledge and agree:
(i) that the Service may not be uninterrupted or error-free;
(ii) that delays or omissions may occur when sending and receiving data;
(iii) that your device may be exposed to viruses or other harmful applications through the service;
(iv) the service is provided over a public wi-fi network and this has inherent security risks. National Express does not guarantee the security of the service and that unauthorized third parties may access your computer or files or otherwise monitor your connection. By using the service you assume all responsibility and risk for use of the service;
(v) National Express does not control, nor is it in any way liable for, data or content that you access or receive via the internet when you use the service;
(vi) that we are not responsible for restricting access to data or content that may offend or upset you;
(vii) that it is your responsibility to ensure that any minors in your care watch age appropriate material only. You acknowledge and agree that National Express is not able to control, nor is it in any way liable for, minors watching inappropriate or upsetting content;
(viii) access to the internet via the service is dependent on the Coach having a good signal from the local mobile telephone network transmitters and receivers therefore we cannot guarantee full service all the time. There will be interruptions to access to the internet via service when the Coach passes through tunnels and other features that block the signals to and from the local transmitters and receivers. We cannot guarantee that data such as emails and web pages will be sent and received satisfactorily;
(ix) the service is provided on an "as is", "as available" basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the service whether express or implied, arising by law, custom, prior oral or written statements by National Express, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed to the fullest extent possible under law; and
(x) that National Express’ ability to provide the service 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 if any of these provisions were unenforceable.
5.1 We are only liable to you as set out in this agreement. We have no other duty or liability to you. You are solely responsible for your use of the service and the consequences of such use.
5.2 You agree that, except for death and personal injury arising from the negligence of National Express, we shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with the service, including without limitation damage for loss of business, loss of profits or revenue, business interruption, loss of business information, loss of the use of the service, loss of goods, loss of contracts, loss or corruption or information or data or any other direct or indirect pecuniary loss (even where we have been advised of the possibility of such loss or damage).
5.3 You agree to indemnify and hold harmless National Express and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable legal costs) arising out of or related to your use of the service, any materials downloaded or uploaded through the service, any actions taken by you in connection with your use of the service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This section will not be construed to limit or exclude any other claims or remedies that National Express may assert under this agreement or by law.
6. General provisions
6.1 Except as otherwise provided above, any waiver, amendment or other modification of this agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this agreement.
6.2 This agreement shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.