Terms and Conditions of Use
These terms and conditions set out the agreement between you ('you', 'the customer' or 'your') and Virgin Media Limited ('us', 'we' or 'our').
Your use of the [London Underground Promotional WiFi Service (“services”) will be governed by the terms of this agreement.
About the Services
1. This agreement sets out the terms and conditions of use of the services. You must consent to these terms and conditions to be able to use the services.
3. The services that we provide to you is the ability to access the internet and send and receive data through our wireless broadband network and through the internet using wireless technology that we make publicly available in the London Underground. This service is available to existing Virgin Media customers as well as to pay-as-you-go customers who purchase a valid time-limited voucher for the London Underground WiFi services.
4. We reserve the right to monitor and control data volume and/or types of traffic transmitted via the services.
Using the Service
5. The service starts when you first connect to a Virgin Media access point.
6. You are responsible for ensuring that any equipment that you use to access the service meets the minimum requirements and is suitable for use with the service and is adequately protected against viruses.
7. The service may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control.
8. You shall ensure that you use the services in a reasonable manner and do not abuse the services. You accept that Virgin Media may restrict your ability to use the services if you use the services in an unreasonable and/or excessive manner.
9. You are wholly responsible for your use of the service. You accept that we have no control over the information transmitted via the service and will not be responsible for such information. Except as expressly specified otherwise in this agreement, we do not examine the use to which you put the service or the nature of the information you send or receive. We have no obligation to compensate you for such information and/or such use.
10. You accept that Virgin Media has the right to restrict access to any inappropriate content on the service, such as adult and illegal content. You hereby agree not to access or attempt to access such adult or illegal content using the service.
11. We cannot guarantee that the service will be uninterrupted and/or will be continuously available. We will aim to provide you with the best service possible, but we will not be liable for any interruptions, reception, picture degradation or any other problems that are beyond our control. We do not guarantee that the service will be compatible with your equipment or any software that you may use.
12. You are responsible for the way the services are used. You must not do any of the following acts or allow anyone else to do the following acts via your device in relation to the services:
a) Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;
b) Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;
c) Perform any illegal activity;
d) Break, or try to break, the security of anyone else's equipment, hardware or software;
e) Deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);
f) Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner;
g) You must not use the service in a manner that will or is likely to adversely affect how we provide the service to you or any of our customers.
13. You must, at all times, ensure that the way you use the services does not break the law or the rights of any other person.
14. If we reasonably believe that you have breached Clause 12 of this Agreement or that you have misused the service in any way, we may take immediate action to deny you access to the service without any further notice to you.
15. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with your misuse of the services under this agreement and you must repay to us in full any costs and/or losses of which we may suffer as a result of such misuse.
16. Some parts of the services enable you to access third party content and services (some of which may require you to accept additional terms and which may be subject to fees), and you agree that we are not responsible for any such third party content or services.
17. We do not guarantee the security of the services and you hereby agree to use the services at your own risk. You shall ensure that you have adequate security to prevent unlawful access to or use of the services, access to your computing equipment or disclosure of confidential information.
18. You hereby accept that we do not guarantee nor are we responsible for, the security, integrity and confidentiality of the information, files and data that you exchange or may wish to exchange.
Services available to Virgin Media and Virgin Mobile Subscribers
(Sections 19-21 of these Terms and Conditions shall only come into effect on 1st January 2013)
19. Existing Virgin Media and Virgin Mobile customers will be able to access the services by registering their details and using their existing Virgin Media or Virgin Mobile password to sign in to access the services.
20. Access to the services is included as part of a customer’s subscription to Virgin Media Residential services and/or as part of a customer’s Virgin Mobile contract.
21. The service will be available until such time where Wi-Fi connection is lost or until such time that you disconnect from the service. You will not be able to access the services if your account is in arrears or if your account has been classified as bad debt.
Services available with a Pay-As-You-Go Voucher
(Sections 22-23 of these Terms and Conditions shall only come into effect on 1st January 2013)
22. Non Virgin Media and Virgin Mobile customers may be able to access the services by purchasing a pay-as-you-go voucher for a pre-determined period. These time based vouchers can be purchased from the Virgin Media London Underground portal or the Virgin Media website. You must pay for the vouchers before you are able to access an internet page out side of the Virgin Media portal via credit or debit card
23. The services will be available and will continue for the duration of time period associated to the voucher which will vary depending on the type of voucher you have purchased. You will have unlimited access to the internet for the time period notified to you on the voucher.
Your details and how they are looked after
24. By using the services you are providing your consent to use your personal information together with other information for the following purposes:
a) profiling your usage and viewing;
b) personalising your experience of the services based on your usage and viewing profile; and
c) improving and developing the services.
25. We may share with third parties information about your use of the services in an aggregated form which will not personally identify you. This aggregated data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).
26. Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.
27. We will only use your data in line with the Data Protection Act 1998.
27. We will not pass on your personal information to third parties except in accordance with this agreement or where we are required to disclose that information in order to comply with any legal or regulatory requirements.
Liability to You
29. Our liability to you is limited as set out in this agreement.
30. We will not be liable to you for:
a) any direct loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, use, business, wasted expenditure, loss arising from disclosure of confidential information, loss arising from or in connection with the use of the service or inability to use or access the service that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage;
b) any indirect loss or any loss which is not a reasonably foreseeable consequence of Virgin Media's negligence or breach of these terms and conditions (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);
c) lost or destroyed data or software; or
d) any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss.
31. We are not responsible for any misuse of your username and/or where applicable, your password. You are wholly responsible for your account and shall be fully liable for all activities carried out under your account. It is your responsibility to protect your username and password.
32. We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the services, or for transmitting or receiving, or failure to transmit or receive, any material through the services.
33. If you deal with any other individuals or organisations using the services (for example, by buying or renting goods or services from them or ordering goods from them using the services), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.
34. We will not be liable to you for the contents of any material from other individuals and/or organisations which may be accessed through the services. We also reserve the right to block access to any such material.
35. Virgin Media restricts or excludes liability to you for:
a) death or personal injury resulting from our own (or our agents' or contractors') negligent act or failure to act;
b) direct physical damage to your personal property up to £10,000 for any one event or series of connected events where the damage arises from Virgin Media’s own (or our agents' or contractors') negligence.
Matters beyond our reasonable Control
36. Virgin Media Limited will not be liable for failing to do what it promised under this agreement if it is prevented from doing so by something outside its reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, or industrial dispute.
37. This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our written agreement. For business reasons we may transfer any of our rights and responsibilities under this agreement without your permission.
38. Sometimes, we will need to change the terms and conditions of the service and will publish such changes on the Virgin Media website. It is your responsibility to be aware of such changes by checking our website.
39. This agreement will be governed by English law is subject to the non-exclusive jurisdiction of the English courts.