BE CONNECT WIFI HOTSPOT TERMS AND CONDITIONS OF USE

1. Introduction

2. Interpretation of this Agreement

3. Conditions of access

SHOULD YOU FAIL TO COMPLY WITH THIS PROVISION, YOU AGREE TO PAY TO  IMMEDIATELY, ON DEMAND, ALL COSTS, LOSS AND/OR DAMAGES INCURRED OR SUFFERED BY AS A RESULT OF YOUR BREACH.

4. Service Availability

NEITHER YOU NOR ANY OTHER PERSON SHALL HAVE ANY CLAIM AGAINST ALWAYSON FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL LOSS OR DAMAGES INCLUDING (WITHOUT BEING LIMITED TO) BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER PECUNIARY LOSS, ARISING FROM THE UNAVAILABILITY OF, OR INTERRUPTION IN THE SERVICE, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT, DELICT, BREACH OF IMPLIED WARRANTIES OR OTHERWISE AND EVEN IF THE POSSIBILITY OF SUCH LOSS OR DAMAGES COULD HAVE BEEN FORESEEN OR IF OR ITS EMPLOYEES WERE NEGLIGENT, AND YOU INDEMNIFY ACCORDINGLY.

5. Security & Privacy

5.1 YOU MAY NOT UTILISE THE SERVICE IN ANY MANNER WHICH MAY COMPROMISE THE SECURITY OF ‘S NETWORK OR TAMPER WITH THE SERVICE OR THE NETWORK IN ANY MANNER WHATSOEVER.5.2 CANNOT BE HELD RESPONSIBLE FOR SECURITY BREACHES OCCURRING ON THE USER’S ELECTRONIC DEVICE (PERSONAL COMPUTER OR OTHER ELECTRONIC DEVICE USED TO ACCESS THE SERVICE), WHICH MAY RESULT DUE TO THE LACK OF ADEQUATE VIRUS PROTECTION SOFTWARE OR SPYWARE THAT YOU MAY HAVE INSTALLED ON YOUR DEVICE.
IT IS YOUR RESPONSIBILITY TO TAKE PRECAUTIONS AND PROVIDE SECURITY MEASURES THAT ARE SUITED TO YOUR SITUATION AND YOUR INTENDED USE OF THE SERVICE AND STRONGLY RECOMMENDS THAT YOU TAKE MEASURES TO SECURE YOUR HARDWARE, SOFTWARE AND INTERNET COMMUNICATIONS, WHETHER THROUGH THE USE OF VIRTUAL PRIVATE NETWORKS, PERSONAL FIREWALLS, ANTI-VIRUS SOFTWARE, ENCRYPTION OR OTHERWISE. ALWAYSON DOES NOT OFFER OR PROVIDE THESE SOLUTIONS AND THEREFORE CANNOT GUARANTEE OR BE HELD RESPONSIBLE FOR THEIR EFFECTIVENESS. THIS APPLIES FOR ANY USE OF WIRELESS TECHNOLOGY VIA ANY SERVICE PROVIDER.

5.3 YOU MAY NOT:

5.3.2 YOU MAY NOT VIOLATE THE PRIVACY OF ANY PERSON OR ATTEMPT TO GAIN UNAUTHORISED ACCESS TO THE SERVICE OR ANY OTHER NETWORK, INCLUDING (WITHOUT BEING LIMITED TO) THROUGH HACKING, PASSWORD MINING OR ANY OTHER MEANS; AND/OR

5.3.3 YOU MAY NOT USE THE SERVICE TO ENGAGE IN ANY ILLEGAL OR UNLAWFUL ACTIVITY.

5.4.2 TERMINATE THIS AGREEMENT WITH IMMEDIATE EFFECT;

5.4.3 BILL YOU FOR ANY COSTS INCURRED BY ALWAYSON, INCLUDING (WITHOUT BEING LIMITED TO) BANDWIDTH, ADMINISTRATION COSTS, DOWNTIME, USAGE OF ALWAYSON’S NAME OR REGISTERED DOMAIN NAMES AND CPU CYCLES; AND/OR

5.4.4 NOTWITHSTANDING ’S PRIVACY POLICY, DISCLOSE ANY INFORMATION RELATING TO YOU, WHETHER PUBLIC OR PERSONAL, TO ALL PERSONS AFFECTED BY YOUR ACTIONS.

6. Indemnity

6.2 YOUR FAILURE TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT OR ANY OTHER REQUIREMENTS WHICH MAY IMPOSE FROM TIME TO TIME; AND

6.3 ANY UNAVAILABILITY OF, OR INTERRUPTION IN THE SERVICE, AS CONTEMPLATED IN 4 ABOVE.

7. Breach

7.2 TERMINATE THIS AGREEMENT AND, RECOVER, ALL COSTS INCURRED BY , INCLUDING (WITHOUT BEING LIMITED TO) LEGAL COSTS ON AN ATTORNEY AND OWN CLIENT BASIS.

8. Cession and Delegation

8.2 SHALL BE ENTITLED, IN ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU, TO CEDE AND TRANSFER OR DELEGATE TO ANY THIRD PARTY ALL OR ANY OF ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT.

9. Jurisdiction

10. Amendment of this agreement

11. Refund and Return Policy

12. Credit Card Acquiring – Payment Gateway

13. Copyright and Intellectual Property Rights

15. General

16. Fair Usage Policy – Complimentary WiFi

 

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