Terms
Wicoms' Terms and Conditions
Terms of Use
Please read these terms and conditions ("Terms of Use") carefully: they govern our relationship with you in relation to your use of the Service (as defined in clause 2) and contain important information about your rights and obligations.
By clicking on the "I accept" button on the profile creation page within the landing pages for the Service or by accessing or using the Service, you agree to be bound by these Terms of Use as they may be modified from time to time.
If you do not wish to be bound by these Terms of Use, you must not use the Service. If you have any questions relating to these Terms of Use, please contact us at support@wicoms.com.
1. Introduction
The Service is operated by Wicoms Wireless Limited ("Wicoms"), a company registered in England and Wales with company number 07581612 and registered address at 32A East Street, St Ives, Cambridgeshire, PE27 5PD. Our principal office is located at 88 Kingsway, London WC2B 6AA. In these Terms of Use, "we" "us" and "our" mean Wicoms and "you" and "your" means the individual accessing the Service.
2. Description of the Service
The Service means the wireless Internet access service available to you through the use of our network. You can access the Service when located within the range of an applicable Wicoms access point or 'hotspot' using suitable computer equipment. Accessing the Service is dependent upon the suitability of your computer equipment and you are responsible for ensuring that your computer equipment meets all relevant technical specifications necessary to use our Service and is compatible with our Service, at your own cost.
3. Ordering, payment and use of the Service
3.1 The prices for the use of the Service are as indicated within the landing pages for the Service and are inclusive of VAT and all other similar taxes. Payment for the use of the Service must be made before use of the Service and may be made in one of the following two ways (or such other method(s) as may be notified to you from time to time): (1) through the purchase of a physical voucher from one of our partners and then inputting the voucher number into the relevant page within the landing pages; or (2) through the purchase of an online voucher by providing details of a credit or debit card during the registration process.
3.2 The placing of an order for an online voucher is an offer by you to purchase an online voucher and is subject to acceptance by us. To order an online voucher you must follow the ordering procedure as follows (or such other procedure(s) as may be notified to you from time to time):
(a) select the required time period;
(b) click through to the profile page, and set up a
username and password and provide us with the necessary personal details;
(c) click through to the payment page and provide us with
your payment details;
(d) click to accept these Terms of Use and our Privacy
Policy and confirm your order.
3.3 We are entitled to refuse any order for an online voucher placed by you.
3.4 Subject to compliance with these Terms of Use, the Service will be available to you from the time you first log-on. The periods of availability that may be purchased and details of when such periods elapse will be notified to you at the time of purchase.
3.5 If you purchase an online voucher, subject to clause 3.6, you have the right to cancel this contract within seven working days of purchase. To do so you must notify us in writing or other durable medium (including email) within those seven working days. You will then be entitled to a refund from Wicoms which will be paid as soon as possible, but in any event within 30 days.
3.6 You will not have the right to cancel this contract once you have begun to use the Service.
4. Security
4.1 The registration process requests that you provide a username and a password, which must be used in order to access the Service. Your username and password are personal to you and are not transferable. You must treat your username and password as confidential and you must not disclose your username or password to any third party. All information provided to us by you during the registration process shall be true and accurate and will be relied upon by us for the provision of the Service.
4.2 You are solely responsible for all use of and for protecting the confidentiality of your username and password. You are responsible for all activities that occur under your username and password. Any breach of security of a username and password should be notified to us immediately. We have the right to disable your username and/or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
5. Privacy Policy
Personal data submitted by you in the registration process and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy.
6. Prohibited uses
6.1 You may use the Service for lawful purposes only and in accordance with such instructions as we may notify to you from time to time. You are responsible for all activity and usage of the Service and for any breaches of these Terms of Use that may result. You must ensure that the Service is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes. You may not use the Service:
(a)
in any
way that breaches any applicable local, national or international law or
regulation;
(b)
to send,
knowingly receive, upload, download, use or re-use any material which does not
comply with the requirements set out in clause 6.3;
(c)
to
transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material (spam);
(d)
to
knowingly transmit any data, or send or upload any material that contains
viruses, Trojan horses, worms, keystroke loggers, spyware, adware or any other
harmful programs or similar computer code designed to adversely affect the
operation of any computer software or hardware;
(e)
in any way which we reasonably consider to be abusive or
inappropriate; or
(f) in any way which we reasonably consider is likely to affect
the quality of the Service or any other service provided by us.
6.2 You agree that you shall not attempt to interfere with the proper working of the Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any part of the Service or any computer system, server, access point or any other Internet connected device relating to the Service. You also agree not to reproduce or copy any part of the Service. The Service is provided to you for your own personal use only and you will not re-sell or in any way re-supply the Service to others.
6.3 You must not use the Service to transmit, email, download, upload, view or otherwise use any material which is defamatory or libellous; obscene, offensive, hateful, inflammatory or otherwise criminal in nature; contains sexually explicit material; promotes violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right, trade mark or other intellectual property right of any person; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; is threatening, abusive or invades any person's privacy; is likely to harass, upset or alarm any other person; is used to impersonate any person, or to misrepresent your identity or affiliation with any person; gives the impression that they emanate from us, if that is not the case; or advocates, promotes or assists any unlawful act such as (without limitation) copyright infringement or computer misuse.
6.4 You agree that the Service is available only to individuals who can form legally binding contracts under the laws of the particular country in which the Service is being provided.
7. Suspension and termination of use
7.1 If we reasonably believe that you have breached or acted inconsistently with these Terms of Use through your use of the Service, we may take all or any of the following actions:
(a) immediate suspension (temporary) or termination (permanent) of your right to use the Service without notice to you;
(b)
issue a
warning to you;
(c)
disclose
such information to law enforcement authorities as we reasonably feel is
necessary;
(d)
commence
legal proceedings against you for reimbursement of all costs resulting from the
breach;
(e)
commence
further legal action against you; or
(f)
take any other action we reasonably deem appropriate.
7.2 We may suspend (temporarily) or terminate (permanently) the Service if we are directed to comply with an order, instruction or request of any law enforcement, government or other competent authority.
7.3 We may, in our sole discretion, discontinue our provision of all or any part of the Service at any time and for any reason provided that in such event (excluding any termination or suspension of the Service as a result of your breach of these Terms of Use) we shall refund you in respect of any outstanding part of any voucher purchased by you but unexpired. Subject to this clause, you agree that we shall not be liable to you or any third party for any termination of your access to the Service.
8. Third party sites
We make no representations whatsoever about any websites which you may access through the Service or which may link to our landing pages. When you access any website through the Service (other than the Wicoms website) you understand that it is independent from Wicoms and that we have no control over the content or availability of that website. We do not endorse or accept any responsibility for the content, or the use of, any such website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website.
9. Intellectual property rights
9.1 All copyright, trade marks and other intellectual property rights in the material contained in the landing pages and the provision of the Service, together with their design, look, text, graphics, selection and arrangement, and all related software and underlying source code belongs to us or our licensors. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission. You must not use any part of these materials for commercial purposes without obtaining a licence to do so from us or our licensors. You may, however, download or print a single copy for your own private, personal, non-commercial off-line viewing.
9.2 All rights in Wicoms® are owned by Wicoms Limited. Other product and company names mentioned on the landing pages or within the Service may be the trademarks of their respective owners and are protected by international copyright laws and other intellectual property rights.
9.3 You have sole responsibility for any content or data which you upload, post, email or otherwise transmit via the Service. You shall indemnify and keep us, our affiliates, agents, partners and officers, fully and effectively indemnified on demand from and against all actions, claims, losses, liability, damages, costs and expenses (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of your receiving, uploading, downloading, posting, emailing or otherwise transmitting such content or data via the Service.
10. Fair usage policy
10.1 A very small number of our customers use the Service regularly to download films, videos, music and other large files which uses a lot of network capacity. Such usage may affect the speed and reliability of the Service for you and, as a result, we do not believe that such use of the Service is fair. We want to protect the quality of the Service available to you.
10.2 As a result, you must not use the Service to upload or download files in excess of download limit(s) set out in our fair usage policy. If we reasonably believe that you are using the Service in excess of the download limit(s) set out in our fair usage policy we may: (a) amend your download limit; or (b) immediately suspend or terminate your use of the Service. In the case of any termination you will be responsible for paying any unpaid charges.
11. Amendments to these Terms of Use
11.1 Subject to clause 11.2, we may amend these Terms of Use from time to time and post the new version on our website which will be accessible from the landing pages for the Service, following which all use of the Service will be governed by the revised version. You must check the Terms of Use accessible from the landing pages from time to time to review them and ensure you are happy with any changes which have been made. We will update the "Last modified" date in the event that we change these Terms of Use. Your continued use of the Service following any modification of these Terms of Use indicates your acceptance of the new Terms of Use.
11.2 In the event that we make any amendment to these Terms of Use which is materially detrimental to you, we will ensure that the amendment does not become effective for at least one month after the change is made. In the event that you are not happy with the change, you may terminate your contract with us on written notice.
12. Liability
12.1 We will use reasonable endeavours to provide uninterrupted access to the Service but you agree that the Service is provided "as is" and that we do not provide any guarantee or assurance that the Service will operate continuously or without interruptions or be error free. Accordingly, we cannot accept liability for its unavailability or the timeliness, deletion, mis-delivery or failure to store any data or content you transmit using the Service or any data obtained through the Service from the Internet, or that the Service will meet your requirements. You assume responsibility and risk for your use of the Service.
12.2 Nothing in these Terms of Use shall exclude or limit our liability in respect of our fraud, or death or personal injury caused by our negligence or such other liability which cannot be excluded or limited by law.
12.3 Subject to the liability which we accept in clause 12.2, (a) our aggregate liability to you arising out of or in connection with your use of the Service shall not exceed the price of the voucher purchased by you for the Services giving rise to such liability; and (b) we shall not be liable in contract, tort, negligence or otherwise for any indirect or consequential loss, or for any loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.
12.4 You understand that we cannot and do not guarantee or warrant that any material available for downloading via our Service will be free from viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data.
12.5 To the maximum extent possible, no warranties or terms implied by applicable law, including without limitation those relating to satisfactory quality and fitness for purpose, shall apply to the subject matter of these Terms of Use. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Service.
12.6 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
13. Complaints procedure
13.1 If you have a complaint about any aspect of the Service, please let us know by emailing us at support@wicoms.com and we will try to resolve any complaint as soon as we reasonably can.
13.2 If you are not satisfied that your complaint has been resolved, you can escalate the issue by following the procedure set out in our Code of Practice.
14. General
14.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms of Use at any time.
14.2 These Terms of Use together with the Privacy Policy and any order and payment instructions, if any, are the whole agreement between you and Wicoms. You acknowledge that you have not entered into this arrangement in reliance upon any statement, warranty or representation made by Wicoms or any other person except those expressly set out in these Terms of Use, provided that Wicoms is not attempting to exclude any liability for fraudulent statements.
14.3 If any provision of these Terms of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the others and shall be deemed deleted.
14.4 Wicoms shall not be liable for any failure to perform any obligation to the extent such failure is due to causes beyond its reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities.
14.5 Failure or delay by either party enforcing an obligation or exercising a right under these Terms of Use does not constitute a waiver of that obligation or right.
14.6 All notices shall be given:
(a)
to us
via the contact section of our website or by post to 88 Kingsway, London WC2B 6AA or such address as may be notified to you from time to
time via the contact section of our web site at; or
(b)
to you
at either the email or postal address you provide during the registration or
ordering process.
14.7 Notices will be deemed received when an email is received in full (or on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
15. Governing law
These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, to which both parties submit.
Last modified date of these Terms of Use: 3.10.11
