AlwaysOn WiFi Hotspot Terms and Conditions of Use

1. Introduction

Always On Brodaband Wireless Solutions (Pty) Ltd ("AlwaysOn") provides their customers with access to its network which facilitates use of the world wide web and electronic mail via a wireless or wired connection, hereafter reffered to as the "service". The service is provided via the secure Websites ( https://hotspot.alwayson.co.za and https://secure.alwayson.co.za ).
The service is provided to you on condition that you accept, without modification the Terms of and Conditions of Use as specified in this document. When using the service you will be signifying your acceptance of these terms and conditions of use, which will form a binding agreement between you and AlwaysOn.

2. Interpretation of this Agreement

"the/this agreement" - means these terms and conditions of use, AlwaysOn's website terms and conditions of use, AlwaysOn's copyright notice, AlwaysOn's privacy policy and all other terms and conditions which AlwaysOn may, from time to time, impose in respect of the service, as amended and updated from time to time;
"effective date" - means the date on which AlwaysOn grants you access to the service;
"service(s)" – means the service described in 1. above and any other service that you may subscribe to or which may form part of AlwaysOn’s offering from time to time;

3. Conditions of access

AlwaysOn hereby, with effect from the effective date, grants you access to the service on the terms and conditions of this agreement. You hereby acknowledge receipt of such access and agree that you will not attempt to circumvent AlwaysOn's user authentication processes or engage in attempts to access AlwaysOn's network where not expressly authorised to do so.

Should you fail to comply with this provision, you agree to pay to AlwaysOn immediately, on demand, all costs, loss and/or damages incurred or suffered by AlwaysOn as a result of your breach.

4. Service Availability

AlwaysOn will use reasonable endeavours to keep the service available at all times. However, you agree that AlwaysOn shall not be liable to you or any other person whatsoever in respect of any loss or damages caused by or arising from the unavailability of, or any interruption in the service for any reason whatsoever.

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 AlwaysOn or its employees were negligent, and you indemnify AlwaysOn accordingly.

5. Security & Privacy

In order to ensure the security and reliable operation of the service to all AlwaysOn patrons, AlwaysOn hereby reserves the right to take whatever action AlwaysOn finds necessary to preserve the security and reliability of its network, and in particular reserves the right to intercept and monitor all usage of and flow of communications through the service.
Should the user be required to supply an email address or a cell phone number, this information shall only be used for support purposes to help the user with regards to connecting to AlwaysOn WiFi. The private information required for executing the orders placed through the e-commerce facility, namely your personal information and credit card details, telephone numbers and email address as well as device mac and TCP/IP addresses for tracking usage will be kept in the strictest confidence by AlwaysOn and not sold or made known to third parties.
Credit card details that can be used to perform transactions are not kept by AlwaysOn under any circumstances.

5.1 You may not utilise the service in any manner which may compromise the security of AlwaysOn's network or tamper with the service or the network in any manner whatsoever.

5.2 AlwaysOn 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 AlwaysOn 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:

5.3.1 utilize the service to gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the service to collect or attempt to collect personal information about third parties without their knowledge or consent; and

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 Should you engage in any one or more of the above practices, which shall be determined at AlwaysOn's sole discretion and which decision shall be final, then AlwaysOn shall be entitled, without prejudice to any other rights it may have, to:

5.4.1 without notice, suspend your access to the service;

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 AlwaysOn’s privacy policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

6. Indemnity

You hereby unconditionally and irrevocably indemnify AlwaysOn and agree to hold AlwaysOn free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by AlwaysOn or instituted against AlwaysOn as a direct or indirect result of:

6.1 your use of the service;

6.2 your failure to comply with any provision of this agreement or any other requirements which AlwaysOn may impose from time to time; and

6.3 any unavailability of, or interruption in the service, as contemplated in 4 above.

7. Breach

Should you be in breach of any provision of this agreement, then AlwaysOn shall be entitled, without prejudice to any other rights it may have and without notice to you, to forthwith:

7.1 suspend your access to the services; and/or

7.2 terminate this agreement and, recover, all costs incurred by AlwaysOn, including (without being limited to) legal costs on an attorney and own client basis.

8. Cession and Delegation

8.1 You may not cede any of your rights or delegate any of your obligations under this agreement without AlwaysOn’s express written consent.

8.2 AlwaysOn 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

You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by AlwaysOn arising out of this agreement, provided that AlwaysOn shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.

10. Amendment of this agreement

AlwaysOn reserves the right to amend this agreement from time to time without notice to you. Any new version of the agreement will be displayed on our web site together with the date on which it will become effective, which will never be less than 30 days after the date on which it is first displayed. It is your obligation to visit our web site on a regular basis in order to ascertain whether any amendments have been made.

11. Refund and Return Policy

The provision of the service is subject to availability. In cases of unavailability, AlwaysOn will refund the client in full within 30 days where payment was made with a debit or credit card. Cancellation of orders by the client will attract a 10% charge for administration costs. AlwaysOn reserves the right to cancel an order for which payment has already been received. This may occur if the availability or the quality of services ordered does not meet AlwaysOn’s standards. Should AlwaysOn exercise this right, you will receive a full refund with no deductions. Any complaints regarding the standard and quality of the service or services bought by consumers through the e-commerce facility should be directed to the Services Manager, Box 930052, Eldopark, Centurion. 0166, or support@alwayson.co.za.

Payments made with cellular airtime, as well as pre-paid card purchases for AlwaysOn products or services are non-refundable.

12. Credit Card Acquiring – Payment Gateway

Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd and iVeri Payment Technology (Pty) Ltd, both registered systems operators and payment gateways in South Africa. Card Holders may go to www.mygate.co.za to view MyGate’s security policy.

13. Copyright and Intellectual Property Rights

AlwaysOn provides certain information at the secure Websites. Content currently or anticipated to be displayed at these Websites is provided by AlwaysOn, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. AlwaysOn reserve the right to make any changes to the Websites, the Content, or to products and/or services offered through the Websites at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

14. Privacy policy

Go to our Privacy Policy

15. General

The parties acknowledge and agree that this agreement sets out the whole of the agreement between them and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which any party is relying in concluding this agreement.

16. Fair Usage Policy – Complimentary WiFi

AlwaysOn continually strives to improve the WiFi experience for our customers and have adopted a Fair Usage Policy (FUP) for the complimentary network. This network management policy is to empower us to deliver the best possible WiFi experience, and to alleviate slow connectivity due to growing bandwidth limitations and available network capacity. As our complimentary WiFi network delivers millions of connections, we need to track the free usage to ensure connectivity is allocated fairly between users, and to deliver the best possible Internet experience.

17. AlwaysOn WhatsApp Support

As owners of the AlwaysOn WhatsApp Channel, we have some house rules which encourage respectful behaviour, and we have the right to monitor and block your communication if you don’t comply with our rules. (Hear the referee whistle blowing.) By using our WhatsApp channel, you grant us the right to adhere to the WhatsApp Statement of Rights and responsibilities located here:
https://www.whatsapp.com/legal/#terms-of-service
In extreme cases, we also have the right to block you from this channel. Content which could warrant your number to be removed and blocked: 1) Abusive, obscene and offensive posts 2) Posts irrelevant to AlwaysOn 3) Content in violation with South African Laws and Regulations 4) Posts which pose a violation to IPs of other brands 5) Trolling, abuse and harassment.