This is an agreement between you and BOXPARK LTD. (“we” or “us”) for the WiFi service (the “service”).
1. Connecting to WiFi
1.1 The service is a free WiFi service available for your personal use within our premises. You do not need to be a customer of any particular mobile network to use it.
1.2 You’ll need to give us and verify your mobile phone number, and provide contact detail to gain access.
1.3 If you want to cancel your subscription to the service at any time, please email us on cancel-WiFiemail@example.com and include within the email the mobile number that you used to register for the service.
2. About the service
2.1 You’ll need a compatible device (phone, laptop or tablet) and can only use the service when your device is within the range of our WiFi system. The availability and performance of the service is subject to all device limitations.
2.2 All services are provided on an “as is” basis. Neither we nor our suppliers warrant that the service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of it.
2.3 We will try our best to make the service available, but it may be interrupted or limited due to maintenance and repair work, transmission or equipment limitations/failures or due to an emergency. Neither we nor our suppliers are responsible for anything that you may lose or that become misdirected because of performance issues with the service.
2.4 We reserve the right to immediately, and without notice, suspend your access to the service if we suspect that you are transmitting a virus or other malware.
2.5 The service is provided for personal use only and is not intended for commercial purposes. You agree the service is intended for email, instant messaging, browsing the internet and using apps.
2.6 We will not supply any software to you in connection with the service. If you use software or apps then you accept the risk of any failure of the service resulting from their use.
2.7 We will deploy content filters which either prohibit or require age verification to access content on the internet which we may classify as suitable for over 18s only. We will use our discretion to determine what is or isn’t adult content. If you don’t agree with our classification then you are free to stop using the service at any time. The availability of content on the internet may vary from venue to venue.
2.8 Neither we nor EE Ltd (who operate the service) are a publisher of third-party content that can be accessed through the service, and neither is responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the service. You are responsible for evaluating such content.
3. Your obligations
3.1 The service is made available provided: (a) you do not use the service for anything unlawful, immoral or improper; (b) you do not use the service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy or which is otherwise objectionable; (c) you do not use the service to harm or attempt to harm minors in any way; (d) you do not act nor knowingly permit others to act in such a way that the operation of the service or our systems, or those of EE Ltd or its suppliers, will be jeopardised or impaired; (e) you do not use abusive or threatening behaviour towards other users of the service, members of our staff or our suppliers, or any person in the vicinity of our premises; (f) you do not use the service to access or use content in a way that infringes the rights of others; and (g) the service is used in accordance with any third party policies for acceptable use or any relevant internet standards (where applicable); (h) you do not make excessive use of the service, for example by sending or receiving large volumes of email or excessively large attachments.
3.2 You agree not to resell any aspect of the service, whether for profit or otherwise.
3.3 You also agree not to use the service for any fraudulent purpose, or in such a way as to create damage or risk to our (or our supplier’s) business, reputation, employees, subscribers, facilities, third parties or to the public generally.
3.4 You have no proprietary or ownership rights to any username or password or to a specific IP address. We may change such addresses at any time or deactivate or suspend service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the services.
3.5 We reserve the right to request you to leave our premises and we (and EE Ltd) reserve the right to suspend you from using the service if we believe you are doing anything listed at 3.1 above, or in any other circumstance, including if you are persistently abusive or make threats, repeatedly cause a nuisance or annoyance or otherwise act improperly towards our staff, customers, or property.
3.6 Please remember that we and/or EE Ltd will monitor how much data you send and receive each calendar month so that we can protect EE Ltd’s network for our and EE Ltd’s customers. There’s a 10GB monthly fair usage allowance. If you use more than this, we or EE Ltd may give you a written warning (by email or otherwise). In extreme circumstances, if the levels of activity don’t immediately decrease after the warning, we may reduce the quality of your Service for the rest of that month or permanently, suspend or terminate your Service.
4.1 The service and infrastructure which supports it is provided for us by EE Ltd. In order to provide this service, EE Ltd will be processing your personal information including your telephone number and information relating to when you log on to and disconnect from the service. You acknowledge and agree that EE Ltd needs to retain this data in accordance with its legal and regulatory obligations and that it may provide this data to law enforcement agencies in accordance with the law. EE Ltd will be processing all registration data (such as your full name and email) as our agent and will not be using this data for its own purposes, other than to provide the WIFI service and infrastructure, for traffic management purposes, to do analytics or as required by law.
5.1 We and EE Ltd are only liable to you as set out in this agreement. We have no other duty or liability to you.
5.2 Nothing in this agreement removes or limits our liability for death or personal injury for something we have done or failed to do.
5.3 Except as set out in 5.1 and 5.2, our and EE Ltd’s entire liability to you for something we or anyone who works for us does or does not do will be limited to £500 for one incident or £1000 for a number of incidents within any 12 month period. You must tell us about any claim as soon as reasonably possible.
5.4 Neither We nor EE Ltd are liable to you in any way for any loss of income, loss of business or profits, or for any loss that was not reasonably foreseeable at the time you entered this agreement. Specifically, neither we nor EE Ltd shall be liable for any deficiency in performance caused in whole or in part by any act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond our control.
We can cancel this agreement immediately if any of the following happens: (a) You break an important condition of this agreement or a number of less important conditions; or (b) You break a less important condition of this agreement and do not put it right within 7 days of us asking you to.
7.1 You agree to indemnify us (including EE Ltd) against any claims, demands, actions liabilities, costs or damages arising out of your use of the service, or violation of the agreement. You furthermore agree to pay our reasonable legal fees and experts’ costs arising out from any actions or claims hereunder.
7.2 You agree to protect your username and password. You are responsible for any usage of your account. If you become aware of any unauthorised or fraudulent usage of the service via your account, you should notify us immediately.
7.3 You may not transfer or try to transfer any of your rights and responsibilities under this agreement without our consent. We may transfer our rights and responsibilities to any third party without your permission, provided the level of service you currently experience is not reduced as a result.
7.4 You agree that we may contact you to notify you of changes to, or information about, your account, the service or this agreement.
7.5 English law will apply to this agreement and any disputes will be settled in the courts of England and Wales.
7.6 Except as set out in clause 7.8, this agreement shall not confer any benefit on a third party under The Contracts (Rights of Third Parties) Act 1999.
7.7 If a clause or condition of this agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
7.8 In this agreement “EE Ltd” means EE Ltd company number 02382161 and EE Ltd shall be entitled to enforce the provisions of this agreement.
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