Hotspot User Terms and Conditions

General
Pricing
Consumer Protection
User Equipment
User name and Password Security
Acceptable use and Indemnity
Disclaimers
Interception and Monitoring
Privacy
Termination of this Agreement
Consent to jurisdiction & Costs
Ammendment of the terms and conditions of this Agreement
Enforceability of this Agreement
Web site owner / Service provider details

General

1. The terms and conditions of this Agreement govern the relationship between you (”user”, “end user”, “customer” or “you”) and Skyrove (Pty) Ltd. (”Skyrove”).
2. 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.
3. 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.
4. Use of the Services is undertaken at the sole risk of the user.
5. Skyrove reserves the right in its sole discretion 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 its business.

Pricing

6. 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.

Consumer Protection

7. For the purposes of the section:
1. “consumer” means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this site as the end-user of the goods or services offered by this site
2. “ECT Act” means the Electronic Communications & Transactions Act 25 of 2002 Consumer rights in respect of online transactions are set out in Chapter 7 of the ECT Act. A copy of the Act is available here. http://www.internet.org.za/ect_act.html
8. Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of services which began with the consumer’s consent before the end of the seven-day period referred to in section 44(1).
9. Under section 42(1)(f) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of goods which by reason of their nature cannot be returned.
10. The cooling-off period therefore does not apply in respect of Skyrove hotspot use.
11. Under sections 43(1) and (2) of the ECT Act the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.
12. Where a transaction has been so cancelled then
1. The consumer must return the performance of the supplier and/or immediately cease using the services performed; and
2. The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.
13. Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
14. This web site does not store any user credit card information. At no stage is credit card information stored together with user personal information.
15. Transactions are processed through the iVeri payment gateway using industry standard SSL.
16. iVeri uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) to ensure that all credit card details are sent to the merchant server in encrypted form. SSL encrypts information and makes it impossible for anyone to read this information while it is in transit.
17. For more information on iVeri, and to view their security certificate and security policy, visit www.iveri.com.
18. Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).

User Equipment

19. For the connection to Skyrove hotspots to work it is essential that end users use an operating system and network device (usually a Wi-Fi/802.11/802.3/LAN/WLAN/ethernet device) that are compatible with Skyrove hotspots. You are responsible for supplying and ensuring that your Device is compatible with the Services.. Services are only available when the device is within the operating range of the Skyrove enabled Wi-Fi network.
20. 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.

User name and Password Security

21. 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.

Acceptable use and Indemnity

22. As a Skyrove user you commit to not use our network or service for any illegal or unlawful activities and you irrevocably indemnify and hold harmless Skyrove and its officers and employees and affiliates in respect of any demand, claim, application, action or other legal process made by any third party as a result of such illegal or unlawful activities or any other act or omission arising out of a breach of these Terms and Conditions by the user.

Disclaimers

23. Skyrove warrants that it holds the electronic communications licences issued by ICASA which are required for the lawful provision of the Service.
24. Skyrove cannot and does not guarantee the availability of service to providers or users.
25. 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.
26. 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.

Interception and Monitoring

27. Subject to the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2000, Skyrove monitors its network for the purpose of optimising and securing the Services and its networks. In doing this anonymised information is utilised.
28. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

Privacy

29. Skyrove collects only the personal information required by law or as is necessary for the provision of the Service and use it only for the purpose for which it is required.
30. We will not sell or give your personal information to anyone. We will not attempt to obtain your permission to do so by deceptive means.
31. User information will only be released to a third party where this is required by law and enforced by court process.
32. If we do not need it anymore, we will delete any personal information held.
33. We neither store nor retain any credit card information.
34. 1.Skyrove is a child-friendly service: the privacy and well-being of children is dear to us and we require users to be aware of exposing children to inappropriate content when browsing the Internet.

Termination of this Agreement

35. Skyrove reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of the Service and/or to terminate the access rights of any user where, for example and without limitation:
1. Skyrove regards the action or inaction of a user to constitute a breach of these terms and conditions;
2. Skyrove regards the action or inaction of a user to constitute abuse of the Services.
3. Events beyond Skyrove’s reasonable control, including technical failures, prevent the continuing provision of the Services.

Consent to jurisdiction & Costs

36. The user consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of section 28 of the Magistrate’s Court Act as amended in respect of any dispute flowing from the use of the Services or otherwise from the operation of this Agreement, notwithstanding the fact that the amount of the claim may exceed the jurisdiction of such Court.
37. The user agrees that they will be liable for the legal costs, including tracing fees, on the scale as between attorney and client in respect of any legal proceedings commenced by Skyrove as a result of any breach of these terms and conditions.

Ammendment of the terms and conditions of this Agreement

38. Please note that, due to legal and other developments, Skyrove may be required to amend these terms and conditions from time to time. Please refer to the last revision date at the foot of this page.

Enforceability of this Agreement

39. In the event of any part of these terms and conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.
40. These Terms and Conditions of Use contain the record of the entire agreement between the user and the Skyrove in respect of the use of the Service as defined above.
41. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Web site owner / Service provider details

Web site owner: Skyrove (Pty) Ltd
Registered Number: 2005/012094/07
VAT Number: 4180223747
Directors: Jan Hendrik Kleynhans, Tino Alexander Mueller, Vinodam Lingham, Michael Leeman

Physical Address: 2 Francis Street, Zonnebloem,
Postal Address: PO Box 14031, Mowbray, 7705 Cape Town

Phone (South Africa): 0861 ROVERS (0861 768377)
Fax (South Africa): +27 866 103306
Phone (international): +27 21 448 8843
After Hours Support: 074 6547 911

Date of Last Review: February 2010