Terms and conditions of use

Please read these terms and conditions carefully; they govern your use of this wireless local access network service (“the Service”).

The Service may be interrupted from time to time due to system performance measurements or other configuration changes. There is no guarantee that the Service will be available at all times, nor that the performance of the Service will be suitable to provide internet access. The Service is presently available free of charge however, Queensland Rail reserves the right to charge for the Service in the future or charge for any premium services which may become available.

1.0 The service

The Service is a wireless data service using radio frequency to provide access on the passenger cars of the train. Wireless connections are then used to create the connection between the train and the internet.

When you are located within the radio frequency coverage area of a location, you may connect to the Service using your computer equipment. The Service is dependent on the suitability of your computer equipment.

Nomad offers the Service for activities such as the active use of e-mail, and browsing the World Wide Web.

2.0 Information about this service

The landing page (“Landing Page”) and these terms and conditions (“Terms and Conditions”) are operated by Nomad Digital Pty Ltd (ACN 152 725 936) (“Nomad”) for Queensland Rail Limited (ACN 132 181 090) (“Queensland Rail”). There may be times when the Service is unavailable due to testing or system configuration changes.

In these Terms “us”, “we” or “our” means Queensland Rail and “you” or “your” means the individual using the Landing Page, the Terms and the Service.

3.0 Terms covering your use of this service

For that reason these Terms are important and you should ensure that you read them carefully.

By using the Service you acknowledge and agree that you have read and understood the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Service.

We reserve the right, at our discretion, to modify, add to or remove or update any of the Terms at any time without further notice to you or without giving you any explanation or justification for such change.

You should check these Terms from time to time to ensure you are happy with any changes. Your continued use of the Service following the updating of the Terms shall mean you accept those changes. We advise you to save a copy of them for your information in the future.

4.0 License granted to you

We grant you a non-exclusive, non-transferable licence to use the Service in accordance with the Terms.

We may terminate this licence at any time if you are in breach of any of the Terms.

5.0 Third party materials

The Landing Page, these Terms and the Service may contain trademarks and other material belonging to third parties. Copyright rests with the third party and is subject to all relevant Copyright and Trademark laws. Nothing contained on the Landing Page, these Terms or the Service shall be construed as us granting any licence or right of use for any trademark or other material without the express written permission of the relevant owner.

The Landing Page, these Terms and the Service may also contain links to third party websites as well as content added by people other than us. We do not endorse, sponsor or approve any content available on any linked website. If you enter a third party website via one of these links you do so at your own risk.

If you contact a third party using functionality provided on the Landing page, these Terms or through the Service, including via email we accept no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

We reserve the right to terminate any link at any time.

We may from time to time include advertising by third parties on the Service.

6.0 Intellectual property rights

The Landing Page, these Terms and the Service may contain material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any documents on the Landing Page and in these Terms as well as any other content. It is protected by intellectual property laws including, but not limited to, copyright. You acknowledge and agree that, as between you and us we either own or (where acknowledged) licence all intellectual property rights in the Landing Page.

Nothing in the Term constitutes a transfer of any intellectual property rights. All trademarks reproduced on the Landing Page, in these Terms or in the Service which are not the property of or licensed to Nomad/Queensland Rail are acknowledged.

You may view, use, and download material on the Landing Page and the Terms for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of such material to third parties is prohibited.

Unauthorised use of the Landing Page or the Service may give rise to a claim for damages and/or be a criminal offence.

7.0 Accuracy of information

Any information contained on the Landing Page, in these Terms or the Service is given in good faith and for general information and interest only. It is subject to change without notice. We are not responsible for any inaccuracies and make no representation, give no warranty or guarantee that the information is current, accurate and free from omissions or errors.

Any information given on the Landing Page, in these Terms or by the Service should not be relied on and does not constitute any form of advice or recommendation. By accessing the Landing Page, the Terms and the Service you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to in the Landing Page, Terms or through the Service are entirely at your sole risk and responsibility. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on any information obtained through the Landing Page, the Terms or through the Service. Our liability to you as explained in the Liability clause of these Terms and Conditions remains unaffected by this.

8.0 No guarantees as to security

We do not warrant that any information, software or other material accessible through the Landing Page, Terms or Service is free of viruses, worms, Trojan horses or other harmful components.

While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on our systems. We disclaim all liability to you to the greatest extent possible pursuant to law should this occur.

Nomad/Queensland Rail assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer or mobile device or other property on account of your access to or use of the Service.

Nomad/Queensland Rail is not responsible for the content of any website accessed or used via the Service. Your access to and use of any website or network connection whilst using the Service is entirely at your own risk.

9.0 Your obligations and rights

You are responsible at your own expense for having suitable computing equipment such as laptop or pocket personal computers with wireless LAN (IEEE 802.11b or IEEE 802.11g) and associated software and configurations for use with the Service.

You will be sharing your trip with others so please consider the privacy, peace and personal space of others. Please make sure you behave in a way which does not disturb or cause offence to your fellow passengers.

You must not use the Service to:

  • make high volume data transfers, especially sustained high volume data transfers;
  • host a web server or any other server;
  • access someone else's account;
  • send unsolicited bulk e-mail;
  • collect other people's personal data without their knowledge;
  • interfere with other network users;
  • for any defamatory or illegal purpose;
  • disturb or cause offence to others;
  • access content with respect to adult or sexually explicit material, criminal activity, games, hacking, intolerance and hate, personals and dating, advertisements and pop-ups, alcohol and tobacco, chat, gambling, illegal drugs, intimate apparel and swimwear, peer to peer, phishing and fraud, proxies and translators.

We reserve the right to filter the traffic on this Service, at all times and the following items/ conditions are to apply to the traffic:

  1. Only HTTP, HTTPS and email traffic will be allowed.
  2. FTP, VPN and Peer to Peer traffic will not be transported.
  3. Web access to the categories outlined in Your Obligations and Rights will be filtered.

We reserve the right to suspend the Service if we: (a) reasonably believe that your use of the Service is unreasonably excessive (i.e., in excess of 20 megabytes per four hour period); or (b) reasonably believe that you are using the Service for criminal or illegal activities; or (c) you are otherwise in breach of these Terms. You do not have the right to resell this Service to a third party.

10.0 Liability

The Terms do not exclude the Our liability (if any) to you for personal injury or death resulting from Our negligence, for fraud or for any matter in respect of which it would be illegal for Us to exclude or to attempt to exclude its liability.

  1. the use of or access to the Landing page, Terms or the Service; or
  2. the inability to use or access the Landing page, Terms or the Service; or
  3. unauthorised access to your transmissions or data or statements; or
  4. the conduct of any third party.

To the full extent permitted by law we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and do not give or assume any warranty, condition, undertaking or term, whether statutory, express or implied, as to condition, satisfactory quality, performance, durability, fitness for purpose or otherwise of the Landing Page,

No liability will be accepted by Nomad or Queensland Rail for any loss, or damage caused by the use of this Service.
We do not guarantee that the Landing Page, the Terms or the Service will be compatible with all hardware and software which you may use.

We do not guarantee the Service can be accessed at all times and/or at all locations within Queensland Rail's network.

You understand and agree that prior to your use of the Landing Page, the Terms or the Service; it is your responsibility to make sure that your computer system or access device has been completely backed up. We are not responsible for loss of computer programme data or information.

We shall not be liable to you if you cannot use and/or access the Landing Page, the Terms and or the Service because:

  • of any power outage;
  • a location or our network is undergoing maintenance as previously scheduled and noticed on our website or the Landing Page; or
  • the Service has been suspended or interrupted because of a reason outside of our reasonable control.

WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A RESULT OF A BREACH OF THESE TERMS BY US. WE ARE NOT RESPONSIBLE TO YOU FOR ANY LOSSES WHICH YOU MAY INCUR WHICH WERE NOT A FORESEEABLE CONSEQUENCE OF OUR BREACHING THESE TERMS, FOR EXAMPLE IF YOU AND WE COULD NOT HAVE CONTEMPLATED THOSE LOSSES BEFORE OR WHEN YOU ACCESSED OR USED OUR SERVICES. OUR LIABILITY TO YOU SHALL NOT IN ANY CIRCUMSTANCES INCLUDE LOSSES RELATING TO ANY BUSINESS, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.

THESE TERMS AND CONDITIONS ARE TO BE READ SUBJECT TO ANY LEGISLATION WHICH PROHIBITS OR RESTRICTS THE EXCLUSION, RESTRICTION OR MODIFICATION OF ANY IMPLIED WARRANTIES, CONDITION OR OBLIGATION. IF SUCH LEGISLATION APPLIES, TO THE EXTENT POSSIBLE, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM TO, AT OUR OPTION TO DIRECT LOSS AND TO THE SUM OF FIVE HUNDRED DOLLARS ($500).

11.0 Indemnity

You shall at all times indemnify us and keep us indemnified and hold us harmless from and against any loss (including reasonable legal costs and expenses), damage, claims, liabilities, costs and proceedings that we may incur or suffer arising out of or in connection with your use of the Service or out of or in connection with a breach of the Terms by you.

12.0 General

You must no assign, sublicense or otherwise deal in any way with any of your rights under these Terms.

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

These Terms will terminate if, for any reason, we cease providing the Services. Termination will not end those provisions that are capable of surviving termination.

13.0 Privacy Policy

When you access the Service via the Landing Page and these Terms your device ID (MAC Address) is recorded by the system to track your usage. This information is used to identify your device only.

When you use the Internet via the Service, all your Internet traffic and e-mail passes through our servers. All of the transmissions from your device via this service will be filtered as per the categories set out in the Your Obligations and Rights. However, we do not and will not monitor, read or examine that traffic at any time in such a way as to see any personal data unless at any time we are required to do so by law.

We reserve the right to collect, collate and use any data or user information which results from use of the Service for internal use only by Queensland Rail and subject to the Privacy Act 1988 (Cwth).