Carnaby Village Public WiFi

Public Wi-Fi Access Terms and Conditions ("Agreement")

This Agreement sets out the terms and conditions on which certain wireless internet access ("the Service") is provided free of charge to you, whilst at Kingly Court in consideration for your agreement to these terms and conditions and your agreement to allow us and/or Shaftesbury Carnaby PLC (Shaftesbury) to contact you by e-mail or otherwise in relation to any of our promotional, marketing or other legitimate business purposes. In this Agreement references to "we", "us" or "our" shall refer to WestEnd WiFi Limited and "you" or "your" means the person wishing to access or use the Services. 

By accepting the terms and conditions for using the Service (or otherwise indicating your consent) you agree to be bound by the terms of this Agreement and the documents referred to in them, including providing your consent to us and Shaftsbury contacting you in relation to any promotional, marketing or other legitimate business purpose.  If you do not agree or the terms contained within this Agreement or the documents referenced within it, you will not be given access to the Service.

You should read this Agreement carefully before using the Service.  Your attention is expressly drawn to clauses 4.3 and 4.4 of this Agreement

 

1                               Introduction

1.1  The Services are provided by WestEnd WiFi Limited ("WestEnd WiFi") a limited company registered in England and Wales with number 08543595 whose registered office is situated at Business & Technology Centre, Bessemer Drive, Stevenage, SG1 2DX, United Kingdom.  WESTEND WIFI is registered with ISPA (the Internet Service Providers Association) and are regulated by the Office of Communications.

1.2             If you have any questions about the Service, please contact WESTEND WIFI by email to [email protected].

1.3             The terms of this Agreement are in addition to Website Terms and Conditions www.westendwifi.com/tcs; Privacy Policy www.westendwifi.com/pp; and Cookies Policy www.westendwifi.com/cookies .

2                               Extent of the Service

2.1             Whilst we will use reasonable endeavours to ensure that the Service is available, uninterrupted, accessible at a reasonable speed and operates in a safe environment we do not promise or warrant, whether expressly or impliedly (other than as is required by applicable law) that the Service fulfils the above criteria at all times.  Nothing in this Agreement affects your legal rights.  Further information on you legal rights can be obtained from your local Citizens Advice Bureau (www.citizensadvice.org.uk) or trading Standards Office (www.tradingstandards.gov.uk).

2.2             We do not recommend the use of any websites (or other internet related services) ("Internet Services").  Your use of Internet Services and/or any reliance on information accessed through the Services is carried out entirely at your own risk.  You should make all such reasonable enquiries as are necessary and take all such reasonable steps to protect yourself if you wish to rely on any information.

2.3             We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.

2.4             We have no responsibility for, or control over, the information you transmit or receive via the Service.

2.5             Save for the purposes of network diagnostics and where necessary to ensure compliance with these Terms of Use and particularly clause 3 below, we do not examine the use to which you put the Service or the nature of the information you send or receive.

2.6             We do not guarantee:

2.6.1        the availability of the Service at any particular time;

2.6.2        the speed at which information may be transmitted or received via the Service; or

2.6.3        that the Service will be compatible with your equipment or any software which you use.

2.7             Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service we do not guarantee the integrity or security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.

2.8             We reserve the right at all times to withdraw or suspend 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 at any time at our reasonable discretion.  We will make reasonable efforts to let you know if we are going to suspend or terminate the Service except where we need to suspend or terminate the Service in an Emergency.  

2.9             We aim to make the Service as accessible as possible.  If you have any problems accessing the Service or any content contained on it, please contact us at [email protected].

3                               Your Use of the Service

3.1             If you wish to access and use the Service you need to register by completing the registration form at www.westendwifi.com.  If we accept you registration, you may then access and use the Service by accepting the service Terms and Conditions.

3.2             You are responsible for providing the relevant hardware, software and other equipment to access and use the Service.  To be able to access the Service your equipment must be compatible with the IEEE 802.11 WiFi standard. 

3.3             You must be in range of one of our hot spots (the physical locations of the access points offering the Service) in order to be able to access and use the Service.

3.4             You must not use the Service to access Internet Services, or send or receive any communications, which:

3.4.1        are defamatory, threatening, intimidatory or which could be classed as harassment;

3.4.2        are invasive of a persons privacy or could result in us being liable to a third party in any way;

3.4.3        contain obscene, profane or abusive language or material;

3.4.4        contain violent, pornographic (that is text, pictures, films, video clips of a sexually explicit or arousing nature) or illegal material nor do anything to promote such material or any activity that is illegal;

3.4.5        contain offensive, defamatory or derogatory material including but not limited to images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;

3.4.6        contain material which infringe third party’s rights (including but not limited to intellectual property rights);

3.4.7        contain statements or suggestions that we endorse any other business, product or service unless we have separately agreed to do so in writing;

3.4.8        are inappropriate, including but not limited to any deceptive marketing techniques, spam, junk mail, chain letters, material regarding any promotional schemes (or similar material), hostile messages or messages where any third parties are befriended in an abusive or exploitative manner;

3.4.9        has fraudulent purposes (including, but not limited to, impersonating any other person or not being entirely truthful to us when you register as a user of the Service);

3.4.10   in our reasonable opinion may adversely affect the manner in which we carry out our business; or

3.4.11   are otherwise unlawful or may reasonably considered inappropriate;

3.5             You must not introduce or transmit any malware (including but not limited to viruses, worms, Trojan horses, spyware, adware, time bombs, logic bombs or key stroke logging software) into the systems used to provide the Service.

3.6             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.

3.7             You will not unless expressly permitted by law reverse engineer, decompile, copy, modify, distribute, transmit, license, sub-license, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Service or any content on it.

3.8             We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 3.1 to 3.7 above.

3.9             You will be responsible for all costs and expenses that you may incur in using the Service and for keeping any password, access code and other account information that may be provided to you confidential.

3.10         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. The Service is not a secure means of communication and any information that you supply to third parties when using the Service may not be kept confidential.  Therefore, you should not use the Service in connection with any material that you regard as being confidential, commercially sensitive or valuable.  We will not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of any communications by you.

3.11         The Service is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 6.4 below. Notwithstanding the foregoing under no circumstances are you permitted to re-sell the Service to any third party including but not limited to for money or money’s worth.

3.12         Please note: (i) the Service is not intended for access to the emergency services and VOIP services are not guaranteed to work or provide caller information location information, (ii) we reserve the right to implement traffic shaping and other measures to prevent over-use of some or all of the network links from time to time, (iii) you will be able to access the Service using the User ID and password [indefinitely / for up to 30 days] before being required to re-register, (iv) where we deem any activity to threaten or potentially damage the Service we reserve the right to suspend or deny access to the Service either temporarily or permanently, (v) if you have any complaints about the Service provided or wish to terminate this Agreement at any time you can do so by email to us via [email protected].  You will not be able to continue using the Service after you have notified us that you wish to terminate this Agreement.

4                               Criminal Activity

4.1             You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any part of the world.  We reserve the right to notify any authority we consider appropriate in the case of suspected misuse of the Service.

4.2             You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.

4.3             You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address

4.4             You further acknowledge and agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 4.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or any rights-holders.

5                               Our Use of your Information

5.1             We are the data controllers of your information and, subject to clauses 4.3 and 4.4 above, we confirm that we shall use the contact details you provide to us solely for the purposes of contacting you with marketing information, updates, promotions and special offers relating to our business.

5.2             We shall process your personal data in accordance with our privacy and cookies policies which can be accessed at: Privacy Policy link www.westendwifi.com/pp; and Cookies Policy www.westendwifi.com/cookies. Should you have any questions about how we use your data, please contact us at [email protected]

5.3             By agreeing to these terms and conditions you also consent to us providing your personal data to Shaftesbury so that they can use your personal data for their own purposes including contacting you in relation to marketing information, updates, promotions, special offers and other legitimate business purposes of Shaftesbury.

5.4             By passing your personal information to Shaftesbury, they too will become a data controller of your information and shall process it in accordance with their privacy policy which you can assess at the following web address http://www.shaftesbury.co.uk/privacy. If you have any questions about the way Shaftesbury processes your personal data, please contact them at [email protected].

6                               Other Terms

6.1             The Service and all intellectual property rights in the Service are owned by us and/or our licensors.  We and our licensors reserve all our intellectual property rights (including but not limited to all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

6.2             Nothing in this Agreement grants you any rights in the Service other than as is necessary to enable you to access and use the Service.  You agree not to adjust, try to circumvent or delete any intellectual property notices contained on our website and, in particular, in any digital rights or other security technologies

6.3             You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the Service in breach of this Agreement , and in particular clause 3.1 to 3.7 and 4.1 above.

6.4             Whilst we do not seek to limit our responsibility for fraud or fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.

6.5             You agree that this agreement does not allow either party to act as, or hold themselves out as, acting as an agent of the other party and that that the terms of this Agreement are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.

6.6             This agreement is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts.

6.7              We may add or replace the terms contained in this Agreement with additional terms and conditions which relate to the Service ("Additional Terms").  This may happen if, for example, there is a change in the law. You will be required to re-accept the terms contained within this Agreement where any changes have been made to them.

 

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