This agreement sets out the terms and conditions on which wireless internet access (‘the Service’) is provided to you.
By using this Service you represent that you have read, understand and agree to the terms of this agreement. If you do not agree to the terms of this Agreement, you may not use the WiFi System. Your electronic acceptance of the Agreement by clicking on the Free WiFi button on the sign-up page has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you click on the Free WiFi button.
Extent of the Service
- The Service that Orca Technologies (Pty) Ltd seeks to provide is public wireless internet such as is commonly understood under the term of WiFi.
- The Service reach is limited by physical obstructions and distance, and therefore is of limited geographical availability.
- We do not guarantee the availability of the Service; the speed of connectivity, or that the Service will be compatible with your equipment or any software which you use.
- Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted we do not guarantee the security of the information which you may transmit or receive. You accept that it is your responsibility to protect your information and have adequate security (in terms of anti-virus software, equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.
- We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.
Fair Use Policy
The following is prohibited on the Service:
- Using the Service to transmit any material that, intentionally or unintentionally, violates any local, national or international laws.
- Using the Service to harm, or attempt to harm other parties.
- Using the Service to transmit any material that threatens or encourages bodily harm or destruction of property or harasses others.
- Using the Service to engage in fraudulent commerce or any type of financial scam.
- Adding, removing, or modifying identifying network header information in an effort to deceive or mislead.
- Using the Service to transmit or facilitate any unsolicited commercial email otherwise known as spam.
- Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the Orca Technologies (Pty) Ltd or another entity’s computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the access, corruption or loss of data.
- Using the Service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.
- Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Using the Service for any activity which adversely affects the ability of other people or systems to use the Orca Technologies (Pty) Ltd WiFi Service or the Internet. This includes denial of service attacks against another network host or individual user.
- Interfering with or disrupting of other network users, network services or network equipment.
- Using your personal account for high volume or commercial use is prohibited. The Service is intended for periodic, active use of email, newsgroups, file transfers, Internet chat, messaging, and browsing of the Internet.
- The Service is intended for transient consumer use only, and can in no way be used as a substitute for a dedicated fixed internet installation. This means that the service shall not be used as a replacement for longer term connectivity needs.
- We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement.
You agree to indemnify, defend, and hold harmless Orca Technologies (Pty) Ltd and its affiliates, officers, employees, agents, suppliers, sponsors or other partners from any and all third party claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Service, your violation of this Agreement, or your violation of any rights of another.
You agree to be added to the Orca Technologies (Pty) Ltd marketing database on the back of which you will receive periodic communications from Orca Technologies (Pty) Ltd. You will have the option to unsubscribe from these communications.
Disclaimer of Warranties and Limitation of Liability
- You assume total responsibility for use of the Service and the Internet and access the Service at your own risk.
- It is your responsibility to ensure that your network environment is maintained in a secure manner.
- We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
- Orca Technologies (Pty) Ltd and its affiliates, officers, employees, agents, suppliers, sponsors or other partners, has no responsibility whatsoever for the content accessible or actions taken on the internet and the Orca Technologies (Pty) Ltd WiFi Service network, and shall not be liable to you for any direct, indirect, incidental, special or consequential damages of any kind including but not limited to any loss of use, loss of business, and/or loss of profit, arising out of or related to this terms of service.
- Under no circumstances will Orca Technologies (Pty) Ltd and its affiliates, officers, employees, agents, suppliers, sponsors or other partners of the Orca Technologies (Pty) Ltd WiFi Service be liable to you or any third parties for any amount, damage or claim.
- The Service is provided on an as is and as available basis. Orca Technologies (Pty) Ltd and its affiliates, officers, employees, agents, suppliers, sponsors or other partners, makes no warranty of any kind, written or oral, statutory, express or implied, including any warranty of merchantability, infringement, or fitness for a particular purpose.
- No advice or information given by Orca Technologies (Pty) Ltd and its affiliates, officers, employees, agents, suppliers, sponsors or other partners of the Orca Technologies (Pty) Ltd WiFi Service shall constitute a warranty.
- Orca Technologies (Pty) Ltd and its affiliates, officers, employees, agents, suppliers, sponsors or other partners does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
Revisions to this agreement and Fair Use Policy
Representatives of the Orca Technologies (Pty) Ltd WiFi Service reserve the right to revise, amend, or modify this Policy, other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.