TERMS AND CONDITIONS FOR THE ALPHA PLUS GROUP GUEST WIRELESS ACCESS SERVICE
1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions.
“End-User” means any Guest who uses the Service following acceptance of these terms and conditions;
“Force Majeure Event” means any event outside the reasonable control of either party affecting its ability to perform any of its obligations under this Agreement including, but not limited to, Act of God, fire, flood, lightning, war, revolution, act of terrorism, riot or civil commotion, but excluding strikes, lock-outs or other industrial action, whether of the affected party’s own employees or others, failure of supplies of power, fuel, transport, equipment, raw materials or other goods or services;
“Alpha Plus Group” means Alpha Plus Group, 50 Queen Anne St, Marylebone, London W1G 8HJ and all sites that are part of Alpha Plus Group.
“Personal Data” has the meaning set out in section 1(1) of the Data Protection Act 1998, as may be amended from time to time;
“Service” means wireless access to the Alpha Plus Group’s internet;
“Site” means an Alpha Plus Group premises which offers the Service;
“Guest” means any person who wishes to access the Service, therefore becoming an End-User.
2. Commencement and Duration
2.1 The Service starts when a Guest gains access to the Service through the Alpha Plus Group log on pages using the log on details provided by Alpha Plus Group (see clause 3.2), becoming an End-User.
2.2 The Service will be provided free of charge. The length of time that an End-User will be allowed to access the Service free of charge may vary.
2.3 An End-User’s agreement with Alpha Plus Group ends when the Service ends. An End-User may cancel this agreement with Alpha Plus Group by logging out of the Service.
3. The Provision of the Service
3.1 In consideration of a Guest accepting Alpha Plus Group’s terms and conditions in relation to the Service, Alpha Plus Group agree to provide that Guest with access to the Service for so long as the Alpha Plus Group decide.
3.2 Alpha Plus Group shall provide each Guest wishing to access the Service with a username and password which will be unique to each Guest. It is a Guests responsibility to obtain a username and password from the relevant persons at Alpha Plus Group.
3.3 An End-User will be able to use the Service from a Site, however, the Alpha Plus Group does not guarantee full wireless coverage across the full Site.
4. Alpha Plus Group’s Rights
4.1 Alpha Plus Group has the right to disable any username and/or password at any time if, in Alpha Plus Group’s opinion, an End-User fails to comply with any of the provisions of these terms and conditions.
4.2 Alpha Plus Group has the right to terminate the Service and this agreement immediately in the event of a breach by an End-User of any provisions of these terms and conditions including, without limitation:
a. if an End-User uses equipment which is defective or illegal;
b. if an End-User uses the Service in a way that is likely to adversely interfere with Alpha Plus Group’s ability to provide the
Service to any third party;
c. if an End-User is involved in fraudulent or unauthorised use of the Service; or
d. If an End-User resells access to the Service in breach of clause 5.1(e) below.
4.3 Alpha Plus Group may from time to time:
a. change a username and/or password or other security information necessary to access the Service or change the technical specification of the Service;
b. interrupt or temporarily suspend the Service for whatever reason, without giving any prior notice to an End- User.
4.4 Alpha Plus Group does not guarantee that products or services or any websites accessible via the Service are error or virus free, and dealings that an End-User may have with promotions, services or merchants via the Service are solely between the individual End-User and the person with whom they are dealing.
4.5 Alpha Plus Group do not guarantee that the Service will be compatible with an End-User’s equipment, any software that an End- User may use or an End-User’s communications network.
4.6 Alpha Plus Group does not warrant or guarantee the performance of the internet or that the transmission of information over the internet will be secure or that the internet will be accessible at all times or at any speeds indicated by Alpha Plus Group, if any.
4.7 The Service does not include:
a. any further services when an End-User is connected to the internet;
b. providing an End-User with any computer equipment to access the Service or the internet.
4.8 By accepting these terms and conditions an End-User is agreeing to Alpha Plus Group monitoring, recording and analysing any access to, or data stored at any time, without notice to an End-User.
5. End-User Warranties
5.1 By accepting these terms and conditions each individual End-User agrees that:
a. it will treat their log on details as confidential at all times, and not disclose, transfer or sell these to any other person;
b. any equipment used by the End-User to access the Service will be suitable for use with the Service;
c. any equipment used by the End-User to access the Service is adequately protected against external threats including, but not limited to, viruses, worm, trojans;
d. any equipment used by the End-User to access the Service meets any instructions given by Alpha Plus Group for its use;
e. they warrant not to re-sell the Service to any third party for money or money’s worth, and that they will indemnify Alpha Plus Group for any breach of this warranty; and
6. Use of the Service
6.1 By accepting these terms and conditions an End-User agrees to use the Service at their own risk.
6.2 By accepting these terms and conditions an End-User agrees not to use the Service or allow the Service to be used:
a. in any way which breaks any law or the conditions of any licence or rights of others;
b. to make offensive, indecent, menacing, nuisance or hoax calls or to cause annoyance, inconvenience or needless anxiety;
c. to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing; or
d. in any way that Alpha Plus Group reasonably thinks is, or is likely to, adversely affect how Alpha Plus Group provide the Service to an End-User or any of other Guest.
6.3 If Alpha Plus Group reasonably believes that an End-User has misused the Service, the Alpha Plus Group will take immediate action to suspend the Service and terminate the End-User’s agreement without any notice, even if the End-User was not aware that the Service was being misused.
7.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
7.2 Alpha Plus Group shall not be liable under any circumstances to any End-User whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
a. loss of profits;
b. loss of business;
c. loss of revenue;
d. loss of time or opportunity;
e. direct financial loss;
f. wasted expenditure;
g. depletion of goodwill or similar losses;
h. loss of anticipated savings, profit or revenue;
i. loss of goods;
j. loss of contract;
k. 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;
l. loss or corruption of data or information;
m. special, indirect, consequential or pure economic loss, costs, damages, charges or expenses;
n. or for any other similar direct loss that may arise in relation to this agreement whether or not Alpha Plus Group were advised in advance of the possibility of such loss or damage,
suffered by an End-User that arises under or in connection with this agreement.
7.3 Nothing in these conditions excludes the liability of Alpha Plus Group for dealth or personal injury caused by Alpha Plus Group’s negligence, or fraud or fraudulent misrepresentation.
7.4 If any provision of these terms and conditions is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions shall not be affected.
7.5 If an End-User breaches one of these terms and conditions, and Alpha Plus Group do not enforce it straight away, the Alpha Plus Group reserve the right to enforce that term or take action at a future date.
7.6 By accepting these terms and conditions an End-User agrees to compensate Alpha Plus Group fully against any claims or legal action made or threatened against Alpha Plus Group by someone else because of an End-User’s use of the Service in a way that breaches any term of this agreement.
8.1 By accepting these terms and conditions a Guest is accepting that Alpha Plus Group cannot guarantee the security of the Service against unlawful access or use. A Guest wishing to use the Service should make sure they have adequate security to prevent unlawful access to or use of the Service, access to computing equipment or disclosure of confidential information.
8.2 By accepting these terms and conditions a Guest is accepting that Alpha Plus Group do not guarantee the integrity, authentication and confidentiality of the information, files and data (including credit card PIN) a Guest may wish to exchange when using the Service.
9. Force Majeure
9.1 Alpha Plus Group shall not be in breach of this agreement, nor liable for any failure or delay in performance of any of its obligations under this agreement arising from a Force Majeure Event.
10. No Partnership or Agency
10.1 Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
11.1 Alpha Plus Group and all End-Users agree that these terms and conditions are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
11.2 These terms and conditions shall be governed by the law of England and Wales and subject to the exclusive jurisdiction of the English courts.
12. Entire Agreement
12.1 These terms and conditions and any documents referred to in them constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them, if any, relating to the subject matter of this agreement.