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.
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.
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.
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.
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.
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.