1.1 These terms and conditions ("Terms of Use") govern the use of the Service or any part of it. By using the Service you agree to be bound by the Terms of Use. 1.2 BT may modify the Terms of Use from time to time and you are advised to keep up to date with any changes by regularly reviewing the Terms of Use. Your continued use of the Service following the posting of changes to these documents will mean you accept those changes. 1.3 Your access to and use of the Rail Network APIs is also subject to the BT API Developer Portal Terms of Use, available at https://developer.bt.com/terms-use (“API Terms of Use”). In the event of any conflict between these Terms of Use and the API Terms of Use in respect of the Rail Network APIs, these Terms of Use shall take precedence. 1.4 In the event of any conflict between these Terms of Use and the Head Contract, the Head Contract shall take precedence. 1.5 You confirm you are authorised to agree to these Terms of Use and carry out your responsibilities under them. 1.6 BT confirms that it is a legal corporation, authorised to agree these Terms of Use and provide the Service. 1.7 For information on our Privacy Policy, how we use cookies, and obtain consent, please click here
2.1 Some of the words and phrases in these Terms of Use mean specific things. They are capitalised all the way through and explained in the Defined Terms section at the end of these Terms of Use. 2.2 The words below have the following meanings: 2.2.1 ‘You’ and ‘your’ mean the Authorised User. 2.2.2 Phrases that refer to ‘we’, ‘our’, ‘us’, ‘each of us’, ‘each of our’, ‘both of us’, ‘we each’ ‘we will each’, ‘we will both’, ‘whichever of us’, ‘one of us’, ‘neither of us’, ‘either of us’, ‘either of our’, ‘either one of us’ and ‘we both’ mean one or both of BT and the Authorised User, whichever makes sense in the context of the sentence. 2.3 The words ‘include’ or ‘including’ do not limit something to just the examples that follow. 2.4 Any time either of us has a right or obligation that we may exercise or perform, then whether either of us chooses to exercise or perform that right or obligation will be in that party’s sole discretion. 2.5 Any reference to a specific law or regulation in these Terms of Use includes that law or regulation as amended, replaced or extended.
3.1 The Service is for use by Authorised Users in the United Kingdom only for the Permitted Purposes. 3.2 The Service may contain links to other BT sites or to third party sites which may be subject to separate terms and conditions. 3.3 Any links to third party websites from the Service do not amount to any endorsement of that site by BT and any use of that site by you is at your own risk.
4.1 You will need to register to use the Service. We will ask you to provide personal details such as your name, work e-mail address, the name of your organisation, and any other details that you may provide for security purposes. 4.2 You represent and warrant that you are an Authorised User. We reserve the right to terminate these Terms of Use and your access to the Service at any time without use if you are not an Authorised User. 4.3 In registering for and using the Service, you will not provide false or misleading information about yourself or your organisation, or create a false identity. 4.4 You are responsible for the proper use and security of all security information, including without limitation any login credentials, passwords, and API Keys, used in connection with the Service (including changing passwords on a regular basis). You must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people. BT does not guarantee the security of the Service against unauthorised or unlawful access or use. 4.5 BT may delete a registration (and any associated information or data) without notice if it has not been used for more than 12 months. 4.6 You must immediately inform BT if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way. 4.7 BT reserves the right to suspend a user ID and password access to the Service if at any time BT considers that there is or is likely to be a breach of security. 4.8 You must immediately inform BT of any changes to the information you supplied when registering for the Service. 4.9 For security reasons, we advise that you change your passwords at least every sixty (60) days.
5.1 It is technically impracticable to provide a fault-free Service and BT does not undertake to do so. In the event of a fault, BT will attempt to restore the Service as soon as is reasonably practicable. BT does not warrant that the supply of the Supplier Data Deliverables will operate without interruption or be error-free. 5.2 Access to the Service may occasionally be suspended or restricted for operational reasons such as maintenance or the introduction of new facilities or products. 5.3 BT reserves the right at any time and without notice to modify, edit, delete, suspend, discontinue, temporarily or permanently, any content, including any products available through the Service, or the Service or any part of it.
6.1 You acknowledge that all Intellectual Property Rights in the Supplier Data Deliverables and the Service belong and shall belong to BT or the relevant third-party owners (as the case may be), and you shall have no rights in or to the same other than the right to use it in accordance with these Terms of Use.
7.1 Your rights to use and access the Supplier Data Deliverables are subject to the Licence Terms or Sub-Licence Terms (as applicable). 7.2 You may do the following: 7.2.1 use, copy, adapt, host, commercialise and publish the Supplier Data Deliverables; 7.2.2 modify the Supplier Data Deliverables, including by augmenting the Supplier Data by combining it with data from other sources; 7.2.3 download a copy of the Supplier Data Deliverables; and 7.2.4 create Materials that contain parts of or reference any of the Supplier Data Deliverables in any format ("Derivative Works"), provided that such Derivative Works are used solely and strictly for the Permitted Purposes, provided you: 7.2.5 only do the above solely and strictly for the Permitted Purposes; and 7.2.6 comply with the Licence Terms or Sub-Licence Terms (as applicable). 7.3 You must not do the following: 7.3.1 any act or omission in respect of the Supplier Data Deliverables which would cause you to breach these Terms, or the Licence Terms or Sub-Licence Terms (as applicable); 7.3.2 derive or attempt to derive any Personal Data or otherwise identify or attempt to identify any individual from the Supplier Data Deliverables at any time by any means; or 7.3.3 keep a copy of the Supplier Data Deliverables for any longer than necessary to fulfil the Permitted Purposes. 7.4 You shall delete the Supplier Data Deliverables once you no longer need them or upon termination of your right of access to Service and the Supplier Data Deliverables except if retention of the Supplier Data Deliverables is required by law.
8.1 Subject to Clause 8.2, your rights to access and use the Rail Network APIs are in accordance with the Software Licence Terms or the Software Sub-Licence Terms (as applicable). 8.2 BT grants you a non-exclusive licence during the term of these Terms of Use: 8.2.1 for you to access the Rail Network APIs solely for the purposes of: (a) internally developing the Applications that will communicate and interoperate with the Rail Insights Database for the Permitted Purposes; (b) making API Calls in compliance with the API Limits; and 8.2.2 to display the Supplier Data Deliverables received from the Rail Network API, within the Application for the Permitted Purposes. 8.3 Your sole means of accessing the Rail Network APIs shall be via the API Key. You may not share the API Key with any third party and must keep the API Key and all log-in information secure. This API Key may be withdrawn by BT in its sole discretion without notice for any or no reason, at which point your access to the Rail Data Portal will continue but you will no longer be able to use or access the Rail Network APIs. 8.4 In addition to the restrictions set out in Clauses 7.2 and Part D of these Terms of Use, you may not: 8.4.1 make API Calls in excess of the API Limits; 8.4.2 remove any proprietary notices from the Rail Network APIs; 8.4.3 use the Rail Network APIs, including in any of the Applications, to replicate or attempt to replace the user experience of the Rail Data Portal; or 8.4.4 attempt to cloak or conceal your identity or the identity of the Applications when requesting authorisation to use the Rail Network APIs or making an API Call.
9.1 You will not use the Service in breach of Applicable Law or your obligations in the contract to respect human rights, or otherwise in any way that BT reasonably considers to be: 9.1.1 fraudulent or dishonest; 9.1.2 detrimental to any person or in a manner which violates or otherwise encroaches on the rights of others (including rights of privacy and free expression); 9.1.3 detrimental to the provision of services to you or any other BT customer; or 9.1.4 damaging to BT’s brand or reputation. 9.2 You will not use the Service to take, or attempt to take, any action that could: 9.2.1 transfer files that are, contain or are made up of viruses, worms, Trojans, distributed denial of service, any back door or time-bomb or other harmful programmes or software designed to violate the security of BT, any other person or company; or 9.2.2 prevent, block or obstruct access to any programme installed on, or data saved in, any computer or damage or harm the operation of any of these programmes or the reliability or accuracy of any of this data. 9.3 You will only use the Services for the commercial and business purposes for which they have been designed (including as may be described in the Head Contract). 9.4 You will not modify, amend, change, reconfigure or otherwise repurpose all or any part of the Service for uses other than those pursuant to Clause 8.3 above.
10.1 You will not create, download, receive, store, send, publish, transmit, upload or otherwise distribute any material, including information, pictures, music, video or data, that BT reasonably considers to be: 10.1.1 harmful, immoral, improper, indecent, defamatory, offensive, abusive, discriminatory, threatening, harassing or menacing; 10.1.2 promoting or encouraging of illegal, socially unacceptable or irresponsible behaviour, or that may be otherwise harmful to any person or animal; 10.1.3 in breach of the intellectual property rights of BT or any other company or person, for example by using, distributing or copying protected or ‘pirated’ material without the express permission of the owner; 10.1.4 in breach of the privacy or data protection rights of BT or any other person or company; or 10.1.5 in contravention of any licence, code of practice, instructions or guidelines issued by a regulatory authority. 10.2 You will ensure that all material that is derived from the machines or networks that you use in connection with the Service is not in breach of these Terms of Use.
11.1 You will not: 11.1.1 take any action that could: (a) damage, interfere with, weaken, destroy, disrupt, harm, violate, disable, overburden, overtake, compromise, hack into or otherwise adversely affect any computer system, network or the internet access of the BT Network or network of any other person or company; or (b) adversely affect or tamper with BT’s security, the BT Network or any system or security network that belongs to any other person or company; 11.1.2 access any computer system or network belonging to any person or company for any purpose without permission, including to probe, scan or test the security of a computer system or network or to monitor data traffic; 11.1.3 connect the BT Network to machines, equipment or services that do not have adequate security protection or that are able to be used by others to carry out conduct that is not allowed by these Terms of Use; or 11.1.4 collect, take or harvest any information or data from any BT services (except for the Supplier Data Deliverables in accordance with these Terms of Service), BT’s system or network or attempt to undermine any of BT’s servers or systems that run BT services. 11.2 In respect of the Rail Network APIs, you: 11.2.1 are responsible for the operation and security of the Customer System and the Application; 11.2.2 shall ensure that the Customer System and the Application comply with any relevant specifications provided by BT from time to time; 11.2.3 shall be, to the extent permitted by law and except as otherwise expressly provided in these Terms of Use, solely responsible for procuring, maintaining and securing network connections and telecommunications links from the Customer System and the Application to the Rail Insights Database, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet; 11.2.4 will take reasonable steps to: (a) secure the Rail Network APIs, the Supplier Data Deliverables, and the API Key (including all copies thereof) from infringement, misappropriation, theft, misuse of unauthorised access; and (b) prevent the introduction of any Virus or Vulnerability into BT’s network and information systems (including the Supplier Product), via your use of the Rail Network APIs, the API Key or otherwise; and 11.2.5 are required to develop the Application, and undertake API Calls, in line with the API Documentation.
12.1 Your use of the internet is at your own risk and you will be responsible for: 12.1.1 your use of the internet, including any material that you access through the internet, and any websites or pages that you own, run or control using the Service; 12.1.2 all material that is stored on, or accessed or distributed by the devices that you use in connection with the Service; and 12.1.3 making sure, when sharing the internet over a private network on your premises, that your network is secure and that any internet connection sharing software that you use does not permit access from outside of your network. 12.2 You accept that the internet is never completely private or secure and that any data or information that you send using the Service may be read or intercepted by others. 12.3 You will make sure that your computer systems, network and equipment have the appropriate security software installed, such as up-to-date virus protection and firewalls, so that they are protected against viruses, worms, Trojans and other risks and so that others cannot access them without your permission or interrupt your use of the Service and BT will not be responsible for any negative consequences that occur as a result of your failure to install appropriate security software.
13.1 BT may monitor: 13.1.1 material available on the internet or the activities of other internet users; or 13.1.2 any material that belongs to another person or company and that you may be able to access through the Service. 13.2 BT will not guarantee that all material accessed through the Service is free of illegal content or content that is otherwise considered unacceptable, inappropriate or offensive. 13.3 If BT is aware, or reasonably believes, that you have breached these Terms of Use, BT reserves the right to take any action it deems appropriate including: 13.3.1 investigating the possible breach and using your personal details to contact you by email or phone to gather further information, discuss BT’s concerns, or issue you with a formal warning; 13.3.2 running network and computing systems to find and resolve issues covered by these Terms of Use; and 13.3.3 any other right BT has in the Contract regarding your breach of these Terms of Use.
14.1 If you have any questions about these Terms of Use, please email: activeintelligencesupport@bt.com 14.2 If you suspect that someone has breached the terms of these Terms of Use and you would like to report or make a complaint about their use of BT services, please email: activeintelligencesupport@bt.com 14.3 You acknowledge that the email addresses in Clauses 14.1 and 14.2 may change from time to time, and BT will advise you in writing of any such change.
15.1 Subject to Clause 15.2, you and BT will keep in confidence any information of a confidential nature obtained as a result of the use of the Service and will not disclose that information to any person other than their employees or professional advisers (or, in the case of BT the employees of a BT Group Company or their suppliers). 15.2 Clause 15.1 will not apply to: 15.2.1 any information which has been published other than through a breach of the Terms of Use; 15.2.2 information lawfully in the possession of the recipient before the disclosure took place; 15.2.3 information which a party is requested to disclose which, if it did not it would be required by law to do so.
16.1 BT will comply with its obligations under applicable data protection legislation and maintain all relevant registrations and notifications, for the purposes of operating the Service. 16.2 You will comply with applicable data protection legislation in your use of the Service and the Supplier Data Deliverables. 16.3 BT may collect certain information about you in connection with these Terms of Use, as set out in the then-current version of BT’s privacy policy, available here (“Usage Data”). This may include information collected through the Rail Network APIs or the Rail Data Portal. By entering into this agreement, and accessing, using, and providing information to or through the Rail Network APIs or the Rail Data Portal, you consent to all actions taken by BT with respect to the Usage Data in compliance with the then-current version of the Supplier's privacy policy, available here. In the event of any inconsistency or conflict between the terms of the then-current privacy policy and these Terms of Use, the privacy policy will take precedence. 16.4 The parties acknowledge that the Usage Data is processed by BT as a controller for the purposes of the applicable data protection legislation. 16.5 Without prejudice to the generality of Clauses 16.1 and 16.2 you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of your personal data (including Usage Data) to BT for the duration and purposes of these Terms of Use so that BT may lawfully use, process and transfer this data in accordance with these Terms of Use, including in relation to the role outlined in Clause 16.5.
17.1 If BT, at its sole discretion, believes that you have: 17.1.1 misused the Service or the Supplier Data (or any part of them) in any way; or 17.1.2 breached any of the Terms of Use, BT may, without notice, terminate your registration, or suspend or terminate your access to the Service. BT will be under no obligation whatsoever to reinstate your registration.
18.1 You will keep harmless, defend and indemnify BT against any claims, losses, costs and liabilities arising from any claims by any third party, in connection with the use or misuse of the Service or the Data in breach of the Terms of Use.
19.1 Unless otherwise expressly specified in these Terms of Use or separate terms and conditions, the material and Supplier Data Deliverables on the Service are provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, BT provides you with the Service on the basis that BT excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, accuracy, completeness, and fitness for purpose) which, but for this legal notice, might have effect in relation to the Service. 19.2 BT: 19.2.1 does not warrant that: (a) your use of the Rail Network APIs will be uninterrupted or error-free; (b) the Rail Network APIs and/or the Supplier Data Deliverables you obtain through the Rail Network APIs will meet your requirements; and (c) the Rail Network APIs or the Supplier Data Deliverables will be free from vulnerabilities or viruses; and 19.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Rail Network APIs and Supplier Data Deliverables may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
20.1 These Terms of Use exclude, as far as the law allows, any warranties, conditions or other terms that might be implied by statute or common law. 20.2 Nothing in these Terms of Use excludes or limits the liability of either of us for: 20.2.1 death or personal injury caused by either of us being negligent; 20.2.2 fraud or fraudulent misrepresentation; or 20.2.3 any other liability that cannot be excluded or limited under Applicable Law. 20.3 Other than for those matters set out in Clause 20.2, BT is not liable whether in contract, tort, under statute, for misrepresentation or otherwise (including in each case negligence) and whether or not the party concerned was advised in advance of the possibility of such loss or damage, for: 20.3.1 any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with these Terms of Use or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or corruption or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or 20.3.2 any indirect or consequential loss or damage whatsoever, resulting from your use of or inability to use the Service, or from your relying on the accuracy or completeness of the Data or the Service content.
21.1 BT will not be liable for any breach of the Terms of Use caused by circumstances beyond BT's reasonable control.
22.1 You may not transfer any of your rights or obligations under the Terms of Use to another party.
23.1 If BT delays in acting upon a breach of these Terms of Use that delay will not be regarded as a waiver of that breach. If BT waives a breach of the Terms of Use that waiver will be limited to that particular breach.
24.1 If any provision of these Terms of Use is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect.
25.1 A person who is not party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Use, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
26.1 These Terms are governed by the law of England and Wales. Any disputes arising out of the use of this Service are to be submitted to the exclusive jurisdiction of the English Courts.
“API Call” means each call from an Application via a Rail Network API to interact with the Supplier Product;
“API Documentation” means the API documentation made available to you by BT from time to time, including, without limitation, at https://developer.bt.com/products/rail-network;
“API Key” means the security key BT makes available for you to access a Rail Network API;
“API Limits” means the restrictions provided or published by BT from time to time;
“Application” means any applications developed by, or on behalf of, you or your relevant Beneficiary Organisation to interact with the Rail Network APIs;
“Authorised User” means an employee or contractor from Network Rail or a Beneficiary Organisation who has a valid licence or sub-licence to access the Supplier Data Deliverables using the Service in accordance with these Terms, the Licence Terms or Sub-Licence Terms (as applicable), and the Head Contract;
“Beneficiary Organisation” means any of the following: (a) Rail Delivery Group Limited; (b) Train Operating Companies; (c) Great British Railways Limited; (d) Great British Railways Transition Team Limited; (e) Department for Transport; (f) Transport for Wales; (g) Rail Safety and Standards Board Ltd; (h) Transport Scotland; (i) Subnational Transport Bodies; (j) Office of Rail and Road; and (k) any additional UK government transport organisations;
“Data Licence Terms” means clauses 18.7 and 18.8 of the Head Contract;
“Data Sub-Licence Terms” means the terms of a sub-licence validly granted by Network Rail under clause 18.12.3 of the Head Contract;
“Head Contract” means the IT Solutions and System Integration Services - Standalone Agreement between BT and Network Rail dated 2 December 2022;
“Intellectual Property Rights” or “IPRs” means: (a) copyright, rights related to or affording protection similar to copyright, rights in databases, patents and rights in inventions, semi-conductor topography rights, trade marks, rights in Internet domain names and website addresses and other rights in trade names, designs, know-how, trade secrets and other rights in confidential information; (b) applications for registration, and the right to apply for registration, for any of the rights listed at (a) that are capable of being registered in any country or jurisdiction; and (c) all other rights having equivalent or similar effect in any country or jurisdiction;
“Licence Terms” means the Data Licence Terms and the Software Licence Terms (as applicable);
“Materials” means literary or other works of authorship including specifications, software, routines, codes (including source code), interfaces, job control and other logs, databases, module, compilations of data, program listings, software tools, methodologies, tool kit, processes, scripts, manuals (including user and reference manuals), reports, plans, process and/or procedure documents, drawings, images, sound and other written documentation in any media and machine-readable text and files;
“Permitted Purposes” means: (a) if you are an employee or contractor of Network Rail, any of Network Rail’s business or operational purposes; and (b) if you are an employee or contractor of a Beneficiary Organisation, any of your relevant Beneficiary Organisation’s business or operational purposes;
“Rail Data Portal” means the online web portal made available to you by BT to access the Supplier Data Deliverables at the following URL: activeintelligence.bt.com/railportal/;
“Rail Insights Database” means the insights database created by BT concerning its mobile network and mobile user activities from which the Supplier Data is extracted and/or the Supplier Data Deliverables are based;
“Rail Network APIs” means the application programming interfaces for enabling rail industry to manage and predict demand on railways to support their customers, available at https://developer.bt.com/products/rail-network;
“Service” means: (a) the Rail Data Portal; and (b) the Rail Network APIs;
“Software Licence Terms” means the Supplier Software licence terms in clauses 18.4 to 18.6 of the Head Contract;
“Software Sub-Licence Terms” means terms of a sub-licence validly granted by Network Rail under clauses 18.12.1 or 18.12.2 of the Head Contract;
“Sub-Licence Terms” means the Data Sub-Licence Terms and the Software Sub-Licence Terms (as applicable);
“Subnational Transport Body” means any of the following: (a) England’s Economic Heartland; (b) Midlands Connect; (c) Transport East; (d) Transport for the North; (e) Transport for the South East; (f) Western Gateway; and (g) Peninsula Transport;
“Supplier Data” means data or information, in any aggregated and anonymised form, including image visualisation and sound recording summarisation, relating to EE mobile phone users. For the avoidance of doubt Supplier Data shall not include any Personal Data;
“Supplier Data Deliverables” means: (a) the Supplier Data; and/or (b) any reports or documents which include the Supplier Data, made accessible to you by BT via the Service; and
“Train Operating Company” means any operator or owning group of passenger train services in Great Britain (excluding heritage railways) including the following: (a) Avanti West Coast; (b) c2c; (c) Caledonian Sleeper; (d) Chiltern Railways; (e) CrossCountry; (f) East Midlands Railway; (g) Elizabeth Line; (h) Eurostar; (i) Gatwick Express; (j) Grand Central; (k) Great Northern; (l) Great Western Railway; (m) Greater Anglia; (n) Heathrow Express; (o) Hull Trains; (p) Island Line; (q) LNER; (r) London Northwestern Railway; (s) London Overground; (t) London Underground; (u) Lumo; (v) Merseyrail; (w) National Rail; (x) Northern; (y) ScotRail; (z) South Western Railway; (aa) Southeastern; (bb) Southern; (cc) Stansted Express; (dd) Thameslink; (ee) TransPennine Express; (ff) Transport for Greater Manchester; (gg) Transport for Wales; and (hh) West Midlands Railway.