Hotspot User Terms & Conditions

The terms and conditions of this Agreement govern the relationship between you (”user”, “end user”, “customer” or “you”) and Skyrove (Pty) Ltd. (”Skyrove”). Skyrove provides its wireless Internet access services, as they may exist from time to time (”Services”), to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with Skyrove, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other Skyrove policies posted on the Skyrove website.

1. Skyrove cannot and does not guarantee the availability of service to providers or users

2. Skyrove and its affiliates make no guarantees that the service will be error free, uninterrupted, secure, virus-free or always available or available with sufficient capacity. Skyrove makes no warranty that the system will work on every computer or computer system. Skyrove and its affiliates will have no responsibility for damage or destruction to any computer system, data, information, property or equipment. Skyrove will have no responsibility for any third party content, data, information, programs or other material that may be accessed using the services.

3. For the connection to Skyrove hotspots to work it is essential that end users use operating system and network device that are compatible with Skyrove hotspots. You are responsible for supplying and ensuring that your Device is compatible with the Service and meets federal and other applicable standards. Service is only available when the device is within the operating range of the Skyrove enabled Wi-Fi network.

4. To access a Skyrove hotspot you need to input a user name and password. Sharing this information will allow other users to log onto your account and use your credits. By agreeing to these terms and conditions you agree to be solely responsible for the confidentiality of your password, as well as for any communication entered into using the Skyrove hotspot.

5. Skyrove reserves the right to impose usage or Service limits, suspend access to the Service, or block certain kinds of usage in our sole discretion to protect users or our business.

6. As a Skyrove user you commit to not use our network or service for any illegal activities.

7. Skyrove does not guarantee network speed and furthermore, network speed is no indication of the speed at which your Device or the Service sends or receives data. Actual network speed will vary based on Device configuration, compression and network congestion

8. Skyrove takes all precautions to secure your credit card details when paying for Skyrove credits. The protection of this information remains the responsibility of the user and Skyrove can not and will not be held liable for fraudulent use of credit card details due to end user negligence.

9. Skyrove is not responsible for setting prices at Skyrove hotspots and will not be held liable by end users for discrepancies in price between different Skyrove hotspots.

Hotspot provider terms and conditions

1. Skyrove cannot and does not guarantee the availability of service to providers or users
2. Skyrove will not be held liable by the Provider for payment of fraudulent access at such Provider’s hotspot or network of hotspots.
3. Skyrove reserves the right to enable free access for “privileged users”. Examples of privileged users would be Skyrove Technical Staff doing quality surveys and new users signing up through that particular hotspot.
4. Skyrove will from time to time promote its service and the areas where it operates and such reserves the right to publish the listed address of any particular hotspot
   • Skyrove’s promotional activities may include the issuing of free Skyrove credits to new users. These free credits may be used at any Skyrove-enabled hotspot and Skyrove will compensate the Hotspot Provider when provisos are met. To limit abuse of free credits, Skyrove will only make payment on the basis of free credits if the client using the free credits is already a paying Skyrove subscriber or subsequently makes a purchase of non-promotional Skyrove credits.
   • Skyrove will not be held liable for payment based on any promotion if it is determined that excessive abuse takes place at a particular hotspot.
5. Skyrove providers are required to have a PayPal account, unless they reside within the Republic of South Africa. This is to facilitate transfer of commissions.
6. Skyrove providers will only be paid out once their account balance has reached a minimum of $100.
7. Not withstanding the previous clause, payments to providers are made monthly, within 30 days of the payout period. I.e. March payments will be processed by 30 April.
8. Providers residing in the Republic of South Africa will receive payment based on a VAT inclusive price per credit of R0.08. Providers that are not VAT registered, will not receive a VAT payment.
9. Skyrove will have no obligation to correct, repair, or support, and will otherwise have no responsibility for, software, hardware or equipment that it did not supply to the provider under this Agreement.
10. Hotspot Providers may under no circumstances use proxy services to communicate with Skyrove’s server, unless express written permission is given.
11. All Hotspot SSIDs need to be set as “Skyrove Internet” or “Skyrove Internet by <yourName>” by 30 June 2007, unless written permission is given to use another SSID. This is to ensure that Skyrove end-users can easily distinguish between Skyrove Hotspots and other Wi-Fi networks in their vicinity.
12. Any signage at Hotspot Locations must be based on Skyrove ‘Wi-Fi Hotspot Skyrove Wireless Internet’ template, available from http://www.skyrove.com/support.html. Any changes due to co-branding must be authorized by Skyrove. This will ensure Skyrove end-users can easily identify locations where they may use their Skyrove credits.
13. Except as expressly set forth in this agreement, to the maximum extent permitted by the applicable law, all products and services provided by Skyrove are provided on an “as is, as available, and with all faults” basis. Neither party to this agreement (including their respective affiliates) makes any, and each party hereby specifically disclaims any, representations, conditions or warranties, express, statutory or implied, regarding the Skyrove service or equipment. Without limiting the generality of the previous clause, Skyrove and its affiliates specifically disclaim any warranty regarding the Skyrove service or equipment. Without limiting the generality of the previous clause, Skyrove and its affiliates specifically disclaim any warranty regarding the profitability or availability of services. Skyrove and its affiliates make no guarantees that the service will be error free, uninterrupted, secure, virus-free or always available or available with sufficient capacity. Skyrove makes no warranty that the system will work on every computer or computer system. Skyrove and its affiliates will have no responsibility for damage or destruction to any computer system, data, information, property or equipment. Skyrove will have no responsibility for any third party content, data, information, programs or other material that may be accessed using the services.
14. The Provider will be entitled during the term of the agreement to use the trade names, trademarks, and service marks of Skyrove as approved by Skyrove; and Skyrove and its affiliates will be entitled to use the trade names, trade marks and service marks of the Provider for which the provider holds all rights necessary for use and to grant use in connection with this agreement. Each party agrees not to act in any manner that could impair or infringe upon the trademark rights of the other party.
15. This Agreement shall commence on the Effective Date and shall continue for an unspecified period. Skyrove has the right to present new terms and conditions to the provider at any time, with reasonable notice, as the service offering changes.
16. You are responsible for maintaining the security of your account and password. Skyrove cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.