Terms and Conditions

These terms and conditions (“Terms”) cover all the companies within the group of Vertu Motors plc (company number: 05984855) whose registered office is at Vertu House, Fifth Avenue Business Park, Team Valley, Gateshead, Tyne & Wear, NE11 0XA.

These Terms:

1. apply to all users (and all use of) of our Wi Fi wireless communication services and to all our internet related services (together the “Services”); and

2. are in addition to our privacy policy (a copy of which can be viewed here: Privacy Policy | Vertu).

Your use of the Services means that you accept, and agree to abide by, these Terms.

Any personal data that we collect as part of your use of the Services, which may include the ID number of your device(s) and location data sent from the device(s) you use to access the Service, will be used in accordance with our privacy policy.

Fair Use Policy

A very small number of customers transfer large amounts of data throughout the day. This type of activity uses a lot of bandwidth and can significantly reduce the speed at which other customers can access the internet during peak hours. We don’t believe this is fair to the majority of our customers.

These Terms are designed to ensure that our customers experience the best possible on demand, quick and reliable Services.

What Will Happen If You Do Not Comply With Our Terms?

Our Services are designed to be suitable for customers with a typical usage pattern. You must make sure that any use of the Services, by you or by anyone else using your account, complies with these Terms. If your usage patterns are significantly higher than standard, then you could be in breach of these Terms.

In particular, our Wi Fi service is intended for email, instant messaging, browsing the internet, using apps, and accessing corporate intranets (the “Fair Use”). You must restrict your usage of the Services to the Fair Use. Streaming, peer to peer and other applications consume large amounts of bandwidth and data usage and are restricted under these Terms.

If you use more than 1GB of data on any given day or you breach these Terms, we reserve the right to issue a warning to you or to suspend or withdraw the Services immediately, temporarily or permanently, or we may manage your bandwidth in such a way that may result in reduced speeds. In addition, we may restrict the amount of bandwidth available to very heavy users during busy periods to ensure that the majority of our customers have a good experience.

You must also ensure that you have up to date anti virus software installed on your device(s) and that you carry out regular virus scans on your device(s) to ensure that a virus is not transferring data that you are unaware of.

Changes to these Terms

We may revise these Terms at any time. If we do so, you will see a revised version of these Terms the next time that you access the Services. You will also be asked to accept the Terms on each new device that you use to access them.

Your Use of the Services

We cannot guarantee availability of the Services, and they are provided on an “as is” and “as available” basis. We make no representations or warranties, express or implied, in relation to the Services or their quality.

The Services are intended for your personal use only. You agree not to access or use the Services for any commercial or business purposes. You must not re sell, transfer, assign or sub license the Services (or any part of them) or pass on your log in details to anyone else.

The internet may provide access to content you or others consider harmful or inappropriate to minors, or otherwise offensive. By using the Services, you confirm that you are either older than 18 years or have the permission of your parent or guardian to use the Services.

You acknowledge that the transmission of information via the internet and via the Services is not secure. We cannot guarantee the security of your data transmitted via the Services and therefore any transmission or use of the Services is entirely at your own risk. We recommend that while using the Services you use approved secure technology, for example virtual private networking (VPN) and/or a personal firewall.

You must take all reasonable precautions to ensure that neither you nor anyone else using your device or password details uses the Services:

• Fraudulently, in connection with a criminal offence, or in any way that is illegal or unlawful;

• To send, knowingly receive, upload, download or use any material that is menacing, offensive, abusive, hateful, promotes violence, racial hatred, illegal activities or discrimination, causes annoyance, inconvenience or needless anxiety, is intended to deceive, or infringes copyright, database rights, trademarks, confidentiality, privacy or any other rights;

• To impersonate any person or misrepresent your identity or affiliation;

• To spam or send or knowingly receive unsolicited advertising or promotional material;

• In a way that is or is likely to be detrimental to the provision of the Services to you or other customers; and

• In a way that does not comply with any instructions we have given you (including those relating to health, security, safety or service quality).

If you supply/upload any content using the Services whether it be pictures, text, sound recordings or otherwise, the content you supply must comply with the following rules:

• it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;

• it must not harass or bully another person;

• it must be true and honest so far as you know;

• it must not be defamatory of anyone;

• it must not use the material or content or infringe the rights or privacy of anyone else; for example, you should not use images of well-known characters, footage or music (unless it is your own);

• it must not contain someone else's personal details or confidential information relating to other people; and

• it must not promote or condone terrorism, violence or illegal behaviour.

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Services, the server(s) on which the Services is/are stored or any server, computer or database connected to the Services. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them.

You agree that, except for death or personal injury arising from our negligence or any other circumstance where it would be unlawful for us to exclude or limit in any way our liability, we shall not be liable for any loss or damage whatsoever arising from or in connection with these Terms or your use of the Services. In addition, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Services.

You also acknowledge that some of the Services are supplied to us by third parties.

We may terminate your access to the Services for any reason at any time.

You will indemnify Vertu Motors plc and its group companies against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities arising as a result of any claim resulting from your breach of these Terms or your use of the Services.

We may monitor your usage of the Services and store details of your usage. We will not use this information but may provide it to a third party if required to do so by applicable law.

Unless you are under 18 and using the Services with the consent of your parent or guardian (in which case these Terms will be enforceable against your parent or guardian), we do not intend these Terms to be enforceable by any third party.

All trademarks and branding used in connection with the Services are owned by us and nothing in these Terms nor the use of the Services by you shall give you any rights in or to the same.

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are governed by the laws of England and Wales. This means that your access to the Services, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law, and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.