End User Terms and Conditions
- The following terms bear the meanings ascribed to them throughout the Terms & Conditions:
- “CPA” means the Consumer Protection Act, No. 68 of 2008, as well as all Regulations published in terms thereof;
- “Data Bundle” means the data bundle purchased online from Skyrove or purchased physically from an authorised Skyrove vendor;
- “ECT Act” means the Electronic Communications & Transactions Act 25 of 2002 as well as all Regulations published in terms thereof;
- “Hotspot” means Skyrove Wi-Fi hotspot locations where the Users may access the Services,
- “Portal Pages” means the branded login, welcome or similar web pages to which Users may be directed when using the Service;
- “Service(s)” means the wireless Internet access service offered by Skyrove;
- “Skyrove” means Skyrove (Pty) Ltd, further details of which can be found on https://www.skyrove.com/contact-us/;
- “T&C” means these End-User Terms & Conditions as may be revised from time to time and published on the Skyrove website;
- “User” means any person who uses the Services.
- 2. In the event of any conflict between any provision of this T&C and the provisions of the CPA, the CPA shall prevail insofar as the CPA is applicable to this T&C.
Conditions of Use of the Services
- Use of Skyrove’s Services constitutes acceptance of this T&C which constitutes a binding agreement between Skyrove and the User.
- By using the Service, the User agrees to be solely responsible for any communication entered into using the Service.
- The Service provided by Skyrove is a ‘best effort’ Service. Skyrove provides no guarantees or warranties whatsoever on throughput or any other aspect of the Service, including but not limited to freeness from errors or interruptions or availability, other than set out herein.
- It is explicitly recorded that the provision of the Services is subject to the provision of services by upstream providers such as Telkom SA Limited. As such, Skyrove cannot guarantee the Service and is not responsible for any faults on the part of the upstream providers.
- 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. Skyrove reserves the right to shape, throttle, or otherwise apply Skyrove’s Acceptable Use Policy to time-based data bundles.
- Skyrove and its affiliates make no guarantees that the Service will be error-free, uninterrupted, secure, virus-free, always available or available with sufficient capacity.
- Skyrove will have no responsibility for any third party content, data, information, programs or other material that may be accessed using the Services or Skyrove Hotspots.
- Whilst Skyrove takes all reasonable security precautions and subject to the relevant legal provisions, Skyrove accepts no liability for damage arising from the malicious use of its Services or by destructive data or code that is passed on to the User through the use of its Service.
- In order to make use of the Services, a User is required to connect to a Skyrove Hotspot.
- Successful connection to a Hotspot requires that a User operate a computer system or network device (usually a Wi-Fi/802.11/802.3/LAN/WLAN/ethernet device) that is compatible with the Hotspot and Skyrove’s network infrastructure. Users are responsible for supplying the necessary equipment and ensuring that their devices and systems are compatible with the Hotspot.
- Whilst every effort is made to ensure connectivity, Skyrove does not warrant that its Hotspots will be compatible with all computers, computer systems and wireless network devices.
- Skyrove and its affiliates accept no responsibility for damage or destruction to any computer system, property or equipment as a result of the User attempting to connect to a Hotspot.
User Name and Password Security (if applicable)
- When using a Data Bundle in order to access the Services at a Hotspot, a User will be presented with a Portal Page and will be required to input a user name and password in order to access the Services.
- Users are solely responsible for the confidentiality of their passwords. Skyrove accepts no liability for any loss or damage which may be sustained by the User as a result of passwords being lost or shared.
- For the purposes of this section:
- “Consumer” means any natural person (not a company or CC, trust etc.) who enters or intends on entering into an electronic transaction with Skyrove as the end-user of the goods or services offered by Skyrove.
- “ECT Act” means the Electronic Communications & Transactions Act 25 of 2002 Consumer rights in respect of online transactions as 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.
- 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).
- 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.
- The cooling-off period therefore does not apply in respect of Skyrove’s Services.
- Under sections 43(1) and (2) of the ECT Act, the web site owner (Skyrove, in this case) 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 (Skyrove, in this case) 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.
- Where a transaction has been cancelled due to the lack of information and procedures as set out in clause 22, then:
- The Consumer must return the performance of the supplier and/or immediately cease using the services performed; and
- The supplier must refund all payments made by the Consumer less the direct cost of returning the goods, if any.
- 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.
- Transactions are processed through the iVeri payment gateway using industry standard SSL.
- 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.
- For more information on iVeri, and to view their security certificate and security policy, visit www.iveri.com.
- 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).
Interception and Monitoring
- 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 will be utilised.
- 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.
- Skyrove collects only the personal information as is required by law or as is necessary for the provision of the Service, and uses it only for the purpose for which it is required.
- Skyrove will not sell or provide your personal information to third parties unless you have expressly consented thereto. Skyrove will not attempt to obtain your consent to do so by deceptive means.
- User information will only be released to a third party where this is required by law and enforced by a court order.
- Should Skyrove no longer require your information or if you specifically request it (and where and to the degree that the law allows for the latter), it will delete any personal or identifying information held by it.
- Skyrove does not store or retain credit card information.
Termination of this Agreement
- Skyrove reserves the right, in its sole and absolute discretion and without prior notification, to suspend or terminate the provision the Service and/or to suspend or terminate the access rights of any User where, for example and without limitation:
- Skyrove regards the action or inaction of a User to constitute a breach of this T&C;
- Skyrove regards the action or inaction of a User to constitute abuse of Skyrove’s Acceptable Use Policy or any other Skyrove policy;
- Any equipment or devices employed by the User to obtain the Services are defective or illegal;
- The User’s use of the Service is causing technical or other problems to the Skyrove network or any Hotspot;
- Events beyond Skyrove’s reasonable control, including technical failures, prevent the continuing provision of the Service
- The User hereby agrees to unconditionally and irrevocably indemnify and hold harmless Skyrove, its officers, employees, agents, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or any other proceedings, including liability for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the User’s use of the Service.
- Subject to limitations allowed in law, Skyrove will not be liable to the User or any third party for and such parties shall not have any claim against Skyrove, and the User accordingly indemnifies Skyrove, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect, consequential, incidental or any other loss or damages, arising out of the User’s use of the Service, including but not limited to:
- any unavailability, delay, interference with or interruption of the Services;
- termination of the Services at any or all Hotspots;
- failure to authenticate the User at any Hotspot;
- purchase of any Data Bundles;
- any loss or unauthorised use of the User’s username, password or Data Bundles;
- any loss of any information, data or other pecuniary loss; and/or
- any billing disputes with any of Skyrove’s roaming partners (being any party whose services may be accessed for a fee via a Hotspot) as may be accessed from a Hotspot.
- The User hereby agrees that the law applicable to this Agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.
- When using the Service and agreeing to the terms of this T&C, such use and agreement is deemed to have taken place in Cape Town, South Africa.
Consent to Jurisdiction and Costs
- The User consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of section 28(1)(e)(iv) of the Magistrate’s Court Act, as amended, in respect of any dispute flowing from the use of the Services, notwithstanding the fact that the amount of the claim may exceed the jurisdiction of such Court.
- Notwithstanding the above, Skyrove may, at its sole discretion, elect to proceed with any claim, application or action in the High Court of the Republic of South Africa, Western Cape High Court, Cape Town, to the extent necessary, and the User accepts such jurisdiction.
- The User agrees that he/she 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 the Skyrove as a result of any breach of these T&C or any other Skyrove terms and conditions or policies published on the Skyrove website.
Enforceability of this Agreement
- Users may not cede, sub-licence or otherwise transfer any rights they may have under this T&C or which may otherwise have been obtained through the use of the Services.
- In the event of any part of this T&C being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this T&C.
- Failure to enforce any provision of this T&C shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- The User acknowledges and agrees that this T&C sets out the whole of the agreement between the User and Skyrove and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which the User is relying in using the Service.
Date of last review: June 2014