Wi-Fi Service Terms and Conditions
IMPORTANT:
You must read the terms and conditions of this agreement before you
access and use the Wi-Fi service. By accessing and using the Wi-Fi
service you agree to be bound by the terms and conditions set out below.
If you do not wish to be bound by these terms and conditions you may
not access or use the Wi-Fi service.
Privacy Notice
To be able to provide the Wi-Fi service for you, Oxford Bus Company
needs to process your MAC address (device identification), vehicle GPS
position, IP address, timestamp and session ID. This data will be stored in
our systems for a maximum period of 12 months and will only be used to
maintain the service quality and for support issues, if necessary. If you
have any questions or requests, please contact dpo@oxfordbus.co.uk.
This information is safely processed at Icomera and Oxford Bus
Company systems within the EU only.
Definitions
"Information" means all material delivered by Icomera through the Wi-Fi
service. "User" means you, the Wi-Fi service end-user. "Contract" means
this Wi-Fi service agreement.
Warranty
The Wi-Fi service is provided on an "as is" and "as available" basis and
Icomera 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.
Liability
The User agrees that, except for death and personal injury arising from
the negligence of Icomera, Icomera 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 Contract,
including damage for loss of business, loss of profits, business
interruption, loss of business information or any other pecuniary loss
(even where Icomera has been advised of the possibility of such loss or
damage).
The Wi-Fi Service
The User acknowledges:- (a) that it is technically impossible to provide
the Wi-Fi service entirely free of faults and that Icomera does not
undertake to do so; (b) that faults may lead to temporary unavailability of
the Wi-Fi service; and (c) that the operation of the Wi-Fi service may be
adversely affected by conditions and performances outside Icomera's
control, including transmission, telecommunications links between
Icomera and Users, between different parts of Icomera, and between
Icomera and other systems and networks.
Third Party Information
The User further acknowledges that some of the Information, for example
software, is supplied to Icomera (directly and indirectly) by third parties
and accordingly Icomera can offer no warranty of whatever nature in
relation to such Information.
Use of the Wi-Fi Service/Indemnification
The User undertakes:-
1. not to use the Wi-Fi service for any unlawful purpose;
2. that it shall not make any use of the Wi-Fi service such that the whole
or part of the Wi-Fi service is interrupted, damaged, rendered less
efficient, or the effectiveness or functionality of the Wi-Fi service is in
any way impaired;
3. not to use the Wi-Fi service 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;
4. not to use the Wi-Fi service in a manner which constitutes a violation
or infringement of the rights of any person, firm or company (including
rights of copyright or confidentiality);
5. that it shall not use the Wi-Fi service to transmit any material for the
purposes of publicity, promotion and/or advertising without the prior
written consent of Icomera unless such transmission has been specifically
requested by another user of the Wi-Fi service; and
6. that in the event that it has any right, claim or action against any other
user arising out of the use of the Wi-Fi service then it shall pursue such
right, claim or action independently of, and without recourse to, Icomera.
The User will indemnify and defend Icomera against all claims, liability,
damages, costs and expenses, including legal fees, arising out of a breach
of this Contract or any Use of the Wi-Fi service by the User. The User
acknowledges that Icomera has no control over the nature or content of
information or programs transmitted or received by the User using
the Wi-Fi service and that Icomera does not examine in any way the use
to which the User puts the Wi-Fi service. The User agrees to fully
indemnify Icomera against any claims or legal proceedings arising in
connection with User's use of the Wi-Fi service which are brought
or threatened against Icomera by any other person.
Intellectual Property
The User acknowledges that all copyright, trademarks and all other
intellectual property rights in the Wi-Fi service shall remain vested in
Icomera or its licensor.
Suspension and Termination
Icomera shall have the right to immediately terminate this Contract
and/or suspend the Wi-Fi service if the User commits a breach of the
Terms and Conditions.
User Data
Icomera reserves the right to include the name, address and other relevant
information relating to the User in a directory for the use of Icomera users
or other third parties, unless specifically requested by the User in writing
not to do so. Icomera cannot guarantee the security or privacy of the Wi-
Fi service and any information or communication to or from the Wi-Fi
service by the User.
Data Usage
Oxford Bus Company reserves the right to limit data usage at its own
discretion.
Changes to the Terms and Conditions
Icomera reserves the right to change these terms and conditions from time
to time by placing a note of such change in this file. The User's continued
use of the Wi-Fi service 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 this file regularly to determine whether this
Contract has been changed. If the User does not agree to any change to
the terms and conditions of this Contract then the User must immediately
stop using the Wi-Fi service.
Severability
Each provision of this Contract 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
No waiver by Icomera shall be construed as a waiver of any breach of
any provision of this Contract.
Choice of Law
This Contract shall be governed by English law and the parties hereby
irrevocably submit to the exclusive jurisdiction of the English Courts.
Please take care of your wireless device. Icomera accepts no
responsibility for loss or damage.