MORNINGSIDE SHOPPING CENTRE WiFi Service Terms and Conditions of Use
MORNINGSIDE SHOPPING CENTRE WIFI - SERVICE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS OF USE") THESE TERMS AND CONDITIONS OF USE APPLY TO YOUR USE OF THE SERVICES OF MORNINGSIDE SHOPPING CENTRE WIFI (PROPRIETARY) LIMITED ("MORNINGSIDE SHOPPING CENTRE WIFI", "US", "OUR" OR "WE"). THESE TERMS AND CONDITIONS OF USE ARE IMPORTANT BECAUSE THEY SET OUT YOUR RIGHTS AND YOUR OBLIGATIONS CONCERNING YOUR USE OF THE SERVICE AND OUR NETWORK. THE TERMS AND CONDITIONS CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF MORNINGSIDE SHOPPING CENTRE WIFI AND IMPOSE LEGAL OBLIGATIONS ON YOU. BY USING THE NETWORK, YOU ARE INDICATING YOUR ACCEPTANCE AND UNDERSTANDING OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM USING THE NETWORK. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. [A PRINTABLE COPY OF THESE TERMS AND CONDITIONS OF USE IS AVAILABLE AT MORNINGSIDE SHOPPING CENTRE WIFI'S WEBSITE, HTTPS://WWW.MORNINGSIDESHOPS.CO.ZA/TERMS-AND-CONDITIONS (THE "WEBSITE").]
1. Important Clauses
If You are a consumer, as defined in the Consumer Protection Act 68 of 2008 (the "CPA"), MORNINGSIDE SHOPPING CENTRE WIFI has a duty to point out certain important terms to You. The paragraphs which contain these important terms and reasons why they are important are set out below.
1.1 Limitations of risk, legal responsibilities and liability. Paragraphs 4, 5 and 7 are important because they limit and exclude obligations, liabilities and legal responsibilities that MORNINGSIDE SHOPPING CENTRE WIFI and other persons or entities may otherwise have to You. As a result of these paragraphs, Your rights and remedies against MORNINGSIDE SHOPPING CENTRE WIFI and these other persons and entities are limited and excluded. These paragraphs also limit and exclude Your right to recover or make claims for losses, damages, liability or harm You or others may suffer.
1.2 Assumptions of risk, legal responsibilities and liability by You. Paragraphs 2, 3, 5 and 7 are important because You take on risk, legal responsibilities and liability. As a result of these paragraphs, You may also be responsible for claims and other amounts. You will also be responsible for, and You accept, various risks, damages, harm, and injury which may be suffered by You and others for what is stated in these paragraphs.
1.3 Acknowledgements of fact by You. Paragraph 3 is important because it contains statements which are acknowledgements of fact by You. You will not be able to deny that the statements are true. MORNINGSIDE SHOPPING CENTRE WIFI may take action against You and may have claims against You as a result of these statements.
1.4 Indemnities by You. Paragraph 5 require You to indemnify (hold harmless) MORNINGSIDE SHOPPING CENTRE WIFI and other persons or entities against claims, loss, damages, and harm that that may be suffered by MORNINGSIDE SHOPPING CENTRE WIFI and other persons or entities as a result of the events set out in this paragraph. You are also required to indemnify MORNINGSIDE SHOPPING CENTRE WIFI and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in this paragraph. This places various risks, liabilities, obligations and legal responsibilities on You and You will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.
2. Introduction
2.1 MORNINGSIDE SHOPPING CENTRE WIFI provides network Access which may facilitate the use of the World Wide Web and electronic mail via a wireless connection. Subject to Your eligibility, MORNINGSIDE SHOPPING CENTRE WIFI provides a number of connectivity solutions, including a complementary Wi-Fi service (the " MORNINGSIDE SHOPPING CENTRE WIFI Complimentary Service") as well as paid services provided in conjunction with third parties (the " MORNINGSIDE SHOPPING CENTRE WIFI Premium Service"). The MORNINGSIDE SHOPPING CENTRE WIFI Complimentary Service and the MORNINGSIDE SHOPPING CENTRE WIFI Premium Service, as well as any other MORNINGSIDE SHOPPING CENTRE WIFI service to which You may subscribe, or that You acquire, from time to time, are individually and collectively referred to as the "Services".
2.2 The Services are provided by MORNINGSIDE SHOPPING CENTRE WIFI on its network (the "Network"), which comprises information technology and telecommunications infrastructure and systems, including computer and telecommunications networks, access points, hotspots, routers, equipment, hardware, software, middleware, firmware, data, databases, peripherals, terminals and components (collectively, the "Infrastructure") that is owned, controlled, processed or utilised by MORNINGSIDE SHOPPING CENTRE WIFI and/or third party service providers who have been appointed by MORNINGSIDE SHOPPING CENTRE WIFI to provide services over the Infrastructure (the "Third Party Vendors").
2.3 Some of the Services will be made available to You by way of equipment that broadcasts a Wi-Fi signal and which allows wireless devices to connect to the Network using Wi-Fi or other related standards (each an "Access Point").
2.4 The Services will be made available in areas determined by MORNINGSIDE SHOPPING CENTRE WIFI in its sole and absolute discretion (the "Network Coverage") and MORNINGSIDE SHOPPING CENTRE WIFI will indicate the locations of venues and premises on its Website where there are Access Points available for persons to access the Services (the " MORNINGSIDE SHOPPING CENTRE WIFI Hotspots"). The location and coverage maps of the MORNINGSIDE SHOPPING CENTRE WIFI Hotspots on the Website are not a guarantee by MORNINGSIDE SHOPPING CENTRE WIFI to provide the Services at any location. The quality of the Services or Network Coverage will vary between locations and MORNINGSIDE SHOPPING CENTRE WIFI Hotspots. MORNINGSIDE SHOPPING CENTRE WIFI may change the location of the MORNINGSIDE SHOPPING CENTRE WIFI Hotspots without any notification to You.
2.5 The Services are provided to You on condition that You accept, without modification, the Terms and Conditions of Use, including the separate MORNINGSIDE SHOPPING CENTRE WIFI Privacy Policy [set out in paragraph 6 below].
2.6 When a person ("You" or "Your") uses the Services, You are also agreeing to these Terms and Conditions of Use. If You do not agree to these Terms and Conditions of Use, You must not, and You are not allowed, to use the Services. If You disagree with these Terms and Conditions of Use at a later stage, after using the Services, You must immediately cease Your use of the Services.
3. Conditions of Access
3.1 With effect from the date on which MORNINGSIDE SHOPPING CENTRE WIFI first grants to Access to the Services, You may be able connect to, or use ("Access") the Infrastructure, Network and/or the Services on the terms and conditions contained in these Terms and Condition of Use and/or any terms contained in an acceptable use policy ("AUP") which may be published and/or amended by MORNINGSIDE SHOPPING CENTRE WIFI from time to time, including the AUP available on the Website at http://www.MORNINGSIDE SHOPPING CENTRE WiFi.network/aup. You warrant and represent to MORNINGSIDE SHOPPING CENTRE WIFI that You will, at all times, adhere to the provisions of the AUP as well as the further provisions of these Terms and Conditions of Use. MORNINGSIDE SHOPPING CENTRE WIFI has relied on Your representation and this provision constitutes a material term of these Terms and Conditions of Use.
3.2 MORNINGSIDE SHOPPING CENTRE WIFI may also implement, in its sole and absolute discretion, policies and procedures that shape IP traffic conveyed on the Services, including, without limitation, restricting access to any destination and/or protocol and/or service ("Shaping Policies"). [MORNINGSIDE SHOPPING CENTRE WIFI may publish and/or amend Shaping Policies on its Website from time to time.]
3.3 You may not circumvent, or attempt to circumvent, MORNINGSIDE SHOPPING CENTRE WIFI's user authentication processes or engage in attempts to Access the Network or the Services where You are not expressly authorised to do so by MORNINGSIDE SHOPPING CENTRE WIFI.
3.4 You warrant and represent to MORNINGSIDE SHOPPING CENTRE WIFI that information that You supply to MORNINGSIDE SHOPPING CENTRE WIFI and/or its Third Party Vendors will be correct, accurate and up-to-date. MORNINGSIDE SHOPPING CENTRE WIFI has relied on Your representation and this provision constitutes a material term of these Terms and Conditions of Use.
4. The Services
4.1 MORNINGSIDE SHOPPING CENTRE WIFI may determine whether a person is eligible to Access the Services, in its sole and absolute discretion. Persons that are eligible to Access the Services are people who are casual or occasional visitors to a MORNINGSIDE SHOPPING CENTRE WIFI Hotspot (each an "Eligible User"), provided that MORNINGSIDE SHOPPING CENTRE WIFI may, in its sole and absolute discretion, determine who qualifies as a casual or occasional visitor. A person who is not an Eligible User may be prevented by MORNINGSIDE SHOPPING CENTRE WIFI from using the Services (an "Ineligible User"). For the purpose of these Terms and Conditions of Use, the term "User" includes both Eligible Users and Ineligible Users.
4.2 MORNINGSIDE SHOPPING CENTRE WIFI provides Access to the Services on a per User per day basis. The Services are not offered on a per Device basis. A "Device" in this context means any device that has the ability to connect to the Network by Accessing the Services, including, among other things, cellular phones, laptop computers and tablet computers. MORNINGSIDE SHOPPING CENTRE WIFI shall determine, in its sole discretion, the manner in which it will provide the Services to You.
4.3 MORNINGSIDE SHOPPING CENTRE WIFI may determine, in its sole discretion, whether a "Data Cap" or "Time Cap" is applicable to a User's Access to the Services. In this context:
4.3.1 a "Data Cap" means the amount of data available to Eligible Users to Access the Services during the course of a day and/or calendar month, or which is available to a User on a pre-paid basis; and
4.3.2 a "Time Cap" means a limitation on the duration for which a User may be granted Access to the Services (for example, a limitation of 30 minutes of uninterrupted Access to the Service in a 24 hours period).
4.4 MORNINGSIDE SHOPPING CENTRE WIFI reserves the right to determine, in its sole discretion, whether a person is an Eligible User or an Ineligible User, on the basis of a number of factors including, without limitation, the frequency with which that person attempts to Access the Service.
4.5 MORNINGSIDE SHOPPING CENTRE WIFI may, in its sole discretion, elect to provide the Services to an Ineligible User on such terms, and subject to such conditions, determined by MORNINGSIDE SHOPPING CENTRE WIFI in its sole discretion. These conditions may include, among other things:
4.5.1 excluding the Ineligible User from services, products and /or user journeys that MORNINGSIDE SHOPPING CENTRE WIFI may provide to Eligible Users;
4.5.2 imposing Data Caps or Time Caps on Ineligible Users that are different from the Data Caps or Time Caps imposed by MORNINGSIDE SHOPPING CENTRE WIFI on Eligible Users; and
4.5.3 imposing Shaping Policies on Ineligible Users that are different from the Shaping Policies that are applicable to Eligible Users.
4.6 Where MORNINGSIDE SHOPPING CENTRE WIFI elects to grant an Ineligible User Access to the Services, the Ineligible User will remain bound by the provisions of these Terms and Conditions of Use.
4.7 The technical specifications and other pre-requisites that Users must satisfy in order to Access the Services are available on our Website and may change from time to time. Pre-requisites that must be fulfilled by the Users to Access the Services may include, among other things:
4.7.1 a Device that supports Wi-Fi connectivity in order to connect and Access the Services; and
4.7.2 having a valid and active cell phone number (being a mobile subscriber integrated services digital network number or MSISDN) including a subscriber identity module card (a "SIM Card") which must be in a Device that has the ability to receive a Short Message Service (“SMS”) in order for You to register and Access the Services.
4.8 You can also access our Website to view general instructions on how to Access the Services.
5. Disclaimer, Termination and Indemnity
5.1 The quality and availability of the Services may sometimes be affected by factors outside MORNINGSIDE SHOPPING CENTRE WIFI’s control, including, among other things:
5.1.1 Access restrictions imposed by venue operators in which the MORNINGSIDE SHOPPING CENTRE WIFI Hotspots are located, or in which location the Services are made available by MORNINGSIDE SHOPPING CENTRE WIFI;
5.1.2 the range and strength of the Wi-Fi signal and Network which depends on the location of the Access Point(s) and the surrounding environment (for example, Access Points placed behind concrete walls or other local physical obstructions);
5.1.3 the features or functionality of Your particular Device;
5.1.4 the number of people trying to Access the Network at the same time; or
5.1.5 Your own Device, its settings and other factors unknown to MORNINGSIDE SHOPPING CENTRE WIFI.
5.2 To the maximum extent permitted by law, the Services are provided “as is” and MORNINGSIDE SHOPPING CENTRE WIFI shall not be liable for any loss suffered by You due to inconsistency, unavailability or delay in the Services.
5.3 In addition to MORNINGSIDE SHOPPING CENTRE WIFI's rights under paragraph 5.6 below, MORNINGSIDE SHOPPING CENTRE WIFI and its Third Party Vendors reserve the right to cancel or suspend the Services or Your Access to the Services (or any part of the Services) at any time, without being liable to You in any way, including without limitation if:
5.3.1 You use any Device which is defective or use a Device in a manner that is illegal;
5.3.2 Your Access to the Services is causing, or causes technical or other problems to the Network and/or our Infrastructure;
5.3.3 You Access the Services in a manner that is fraudulent, illegal or unauthorised;
5.3.4 You or Your Device fail authentication for use on the Network;
5.3.5 subject to the further provisions of paragraph 4, You cease to be an Eligible User; and/or
5.3.6 You contravene these Terms and Conditions of Use .
5.4 Subject to limitations allowed in law, MORNINGSIDE SHOPPING CENTRE WIFI will not be liable to You, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect or consequential or other damages, arising from:
5.4.1 any contravention by You of these Terms and Conditions of Use;
5.4.2 any unavailability, delay, interference with or interruption of the Services or the Network;
5.4.3 any unauthorised Access to or use of the Services, the Network, the Infrastructure and/or any and all stored Personal Information;
5.4.4 any harm or loss arising from "viruses", "trojan horses", computer code, malware, instructions, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner, or interfere with, the operation of the Network, the Device, the Services, our Infrastructure, services, data, storage media, programs, equipment or communications which may be transmitted to or through the Services or the Network;
5.4.5 termination of the Services at any or all MORNINGSIDE SHOPPING CENTRE WIFI Hotspots; and/or
5.4.6 You or Your Device failing to be authenticated for use on the Network.
5.5 You indemnify MORNINGSIDE SHOPPING CENTRE WIFI and hold MORNINGSIDE SHOPPING CENTRE WIFI harmless against all loss, damages, claims, liabilities of whatsoever nature as a result of any claim instituted by a third party (other than You) arising from Your Access to the Services, including any situation contemplated in paragraphs 5.4.1 to 5.4.6 above.
5.6 Should You contravene any provision of these Terms and Conditions of Use, then MORNINGSIDE SHOPPING CENTRE WIFI shall be entitled, without prejudice to any other rights it may have and without notice to You, to forthwith
5.6.1 suspend Your Access to the Services; and/or
5.6.2 terminate Your Access to the Services, terminate these Terms of Use and, recover, all costs incurred by MORNINGSIDE SHOPPING CENTRE WIFI.
6. Privacy Notice
6.1 MORNINGSIDE SHOPPING CENTRE WIFI may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, analyse, use and share Your Personal Information (as defined below) in the ways set out in this Privacy Notice. When we do one or more of these actions with Your Personal Information, we are "Processing" Your Personal Information.
6.2 "Personal Information" refers to private information about an identifiable person, who may be a natural person or a juristic person, such as a company or a trust. Personal Information does not include information that does not identify a person (including in instances where that information has been anonymised). The Personal Information that we collect about You may differ depending on nature of the Services that You receive from us.
6.3 We may Process different kinds of Personal Information about You which we have grouped together as follows:
6.3.1 Identity Data, which includes information concerning Your name, username or similar identifier, marital status, title, date of birth, gender, race and legal status, as well as copies of Your identity documents, photographs, identity number, registration number and Your qualifications;
6.3.2 Contact Data, which includes Your mobile phone number (MSISDN) billing addresses, delivery addresses, email addresses and telephone number;
6.3.3 Location Data, which includes the location at which You Access the Services;
6.3.4 Technical Data, which includes Your Device details (including its MAC address), internet protocol (IP) address, Your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices You use to Access to the Services and our Website;
6.3.5 Usage Data, which includes information about how You Access our Services, Website, products and services.
6.3.6 Marketing and Communications Data, which includes Your preferences in receiving marketing from us and our third parties and Your communication preferences, as well as Your responses to questionnaires or surveys administered by MORNINGSIDE SHOPPING CENTRE WIFI and/or our Third Party Vendors.
6.4 MORNINGSIDE SHOPPING CENTRE WIFI may also Process, collect, store and/or use aggregated data, which may include historical or statistical data ("Aggregated Data") for any purpose. Aggregated Data could be derived from Your Personal Information but is not considered Personal Information as this data will not directly or indirectly reveal Your identity. However, if we combine or connect Aggregated Data with Your Personal Information so that it can directly or indirectly identify You, we will treat the combined data as Personal Information which will be Processed by MORNINGSIDE SHOPPING CENTRE WIFI in accordance with this Privacy Notice.
6.5 How we collect Your Personal Information
6.5.1 We collect Your Personal Information in three ways, namely:
6.5.1.1 through direct or active interactions with You;
6.5.1.2 through automated or passive interactions with You; and
6.5.1.3 from third parties.
6.6 How we use Your Personal Information
6.6.1 We use Your Personal Information that we Process to provide, maintain, and improve the Website, to provide our Services to You and to fulfil our regulatory obligations. We also wish to improve your experience of the Services, and so we also use the Personal Information we collect for this purpose.
6.6.2 MORNINGSIDE SHOPPING CENTRE WIFI may also use Your Personal Information to:
6.6.2.1 record registration data, as it may determine from time to time;
6.6.2.2 record Your responses to any surveys that we, or our Third Party Vendors, may present to You;
6.6.2.3 create user profiles and to analyse and compare how You and other users make use of the Services and the Website , including (without limitation) habits, click-patterns, preferences, frequency and times of use, trends and demographics
6.6.2.4 track Your usage of the Services by logging websites visited, applications used or any other IP (internet protocol) use;
6.6.2.5 provide Your Personal Information to any law enforcement agencies upon being lawfully requested to do so;
6.6.2.6 provide or utilise Location Based Services (“LBS”) for any lawful or third party service;
6.6.2.7 store small pieces of data (or adopting other measures) to identify Your Device in order to provide customised services to You;
6.6.2.8 take whatever action MORNINGSIDE SHOPPING CENTRE WIFI finds necessary to preserve the security and reliability of the Network, and in particular, MORNINGSIDE SHOPPING CENTRE WIFI reserves the right to intercept and monitor all usage of and flow of communications through the Services in accordance with applicable laws;
6.6.2.9 enable MORNINGSIDE SHOPPING CENTRE WIFI, our Third Party Vendors, their affiliates or their business partners to redirect You to third party payment processors;
6.6.2.10 protect our rights in any litigation that may involve You;
6.6.2.11 detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised Access to or use of the Services and/or contravention of the Terms and Conditions of Use or any other terms and conditions that apply to Your Access to the Services;
6.6.2.12 communicate with You and keep a record of our communications with You and Your communications with MORNINGSIDE SHOPPING CENTRE WIFI;
6.6.2.13 inform You about any changes to the Services, these Terms and Conditions of Use or any other changes which are relevant to You;
6.6.2.14 analyse and compare the kinds of Devices that You and other Users make use of and where You are using them;
6.6.2.15 for other purposes relevant to our business activities, provided they are lawful;
6.6.2.16 [the maximum extent permitted by law, by MORNINGSIDE SHOPPING CENTRE WIFI making Your Personal Information available to their Third Party Vendors or its affiliates, business partners or any other third-party at MORNINGSIDE SHOPPING CENTRE WIFI's sole discretion and on any basis.
6.6.3 MORNINGSIDE SHOPPING CENTRE WIFI also Processes Your Personal Information for commercial purposes, including enabling the ability to recognise Users upon successive Access to the Service and mitigating the need for Users to re-register upon successive visits to the same or other MORNINGSIDE SHOPPING CENTRE WIFI Hotspots.
6.7 Sharing Your Personal Information
6.7.1 We may share Your Personal Information under the following circumstances:
6.7.1.1 to our agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Notice or by terms which offer the same level as protection as this Privacy notice;
6.7.1.2 to our employees, suppliers, service providers and agents if and to the extent that they need to know that information in order to Process it for us and/or to provide services for or to us, such as hosting, development and administration, marketing, technical support and other support services relating to the Services or the operation of the MORNINGSIDE SHOPPING CENTRE WIFI business. We will authorise any Processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions;
6.7.1.3 in order to enforce or apply any other contract between You and us;
6.7.1.4 in order to protect our rights, property or safety or that of our Third Party Vendors, customers, employees, contractors, suppliers, service providers and any other third party;
6.7.1.5 in order to mitigate any actual or reasonably perceived risk to us, our Third Party Vendors, customers, employees, contractors, agents, brokers or any other third party;
6.7.1.6 to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:
6.7.1.6.1 comply with the law or with any legal process;
6.7.1.6.2 protect and defend the rights, property or safety of MORNINGSIDE SHOPPING CENTRE WIFI, or our Third Party Vendors, customers, employees, contractors, suppliers, service providers or any third party; and
6.7.1.6.3 detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised Access to the Services and/or contravention of the Terms and Conditions of Use.
6.7.2 We programmatically share registration information and/or survey results with the owner, manager and/or operator of the venue, premises and/or location in which You access the Services and/or in which a MORNINGSIDE SHOPPING CENTRE WIFI Hotspot is located.
6.7.3 In event, You wish for MORNINGSIDE SHOPPING CENTRE WIFI to cease sharing Your Personal Information with any third parties, You may indicate this at any time by notifying MORNINGSIDE SHOPPING CENTRE WIFI at Insert URL here
6.8 MORNINGSIDE SHOPPING CENTRE WIFI will at all times retain Your Personal Information where it is required to do so in accordance with applicable laws.
7. Security
7.1 MORNINGSIDE SHOPPING CENTRE WIFI takes reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of Your Personal Information, and to protect Your Personal Information from misuse, loss, alteration or destruction.
7.2 From time to time, MORNINGSIDE SHOPPING CENTRE WIFI reviews its information collection, storage and Processing practices, including physical security measures, to keep up to date with good practice.
7.3 Even by taking the above measures when Processing Personal Information, we do not guarantee that Your Personal Information is 100% secure. To the maximum extent permitted by law, You agree that MORNINGSIDE SHOPPING CENTRE WIFI will not be liable to You, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect or consequential or other damages arising from any unauthorised access to or loss of Your Personal Information.
7.4 MORNINGSIDE SHOPPING CENTRE WIFI has implemented procedures to address any suspected data breaches and will notify You and any applicable regulator of a breach where MORNINGSIDE SHOPPING CENTRE WIFI is legally required to do so within the period in which MORNINGSIDE SHOPPING CENTRE WIFI is required to issue such a notification.
7.5 MORNINGSIDE SHOPPING CENTRE WIFI is not responsible for security breaches occurring on Your Device, which may result due to the lack of adequate virus protection software or spyware that You may have installed on Your Device or which may arise as a consequence of Your negligence or misuse of Your Device.
7.6 It is Your responsibility to take precautions and provide security measures that are suited to Your situation and Your intended Access to the Services and MORNINGSIDE SHOPPING CENTRE WIFI strongly recommends that You take measures to secure Your hardware, software and Internet communications, whether through the use of virtual private networks, personal firewalls, anti-virus software, encryption or otherwise. MORNINGSIDE SHOPPING CENTRE WIFI does not offer or provide these solutions and therefore cannot guarantee or be held responsible for their effectiveness. This applies for any use of wireless technology via any service provider.
7.7 You may not:
7.7.1 utilise the Services to gather e-mail addresses and/or names for commercial, political, charity or like purposes or Access to the Services to collect or attempt to collect personal information about third parties without their knowledge or consent;
7.7.2 utilise the Services in any manner which may compromise the security of MORNINGSIDE SHOPPING CENTRE WIFI's network;
7.7.3 violate the privacy of any person or attempt to gain unauthorised Access to the Services, the Infrastructure, the Network or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
7.7.4 Access the Services to engage in any illegal or unlawful activity.
7.8 Should You engage in any one or more of the above practices, which shall be determined at MORNINGSIDE SHOPPING CENTRE WIFI's sole discretion and which decision shall be final, then MORNINGSIDE SHOPPING CENTRE WIFI shall be entitled, without prejudice to any other rights it may have, to:
7.8.1 without notice, suspend or terminate Your Access to the Services indefinitely;
7.8.2 terminate these Terms of Conditions and Use with immediate effect; and/or
7.8.3 recover any costs incurred by MORNINGSIDE SHOPPING CENTRE WIFI from You, including (without being limited to) bandwidth, administration costs and downtime.
8. Direct marketing
8.1 When You register to Access the Services, You agree to receive marketing communications from MORNINGSIDE SHOPPING CENTRE WIFI.
8.2 You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from MORNINGSIDE SHOPPING CENTRE WIFI if that approach or communication is primarily for the purpose of direct marketing (“Direct Marketing Communications”).
8.3 You may opt out of receiving Direct Marketing Communications from MORNINGSIDE SHOPPING CENTRE WIFI at any time by requesting us (in the manner set out in the communication or by contacting us at the contact details set out in paragraph 6.7.3) to desist from initiating any direct marketing to You.
8.4 If You have opted out, we may send You written (which may include electronic writing) confirmation of receipt of Your opt out request, and not send You any further Direct Marketing Communications. Please note that You may continue to receive communications from us that are not marketing related.
9. Cession and Delegation
9.1 You may not cede any of Your rights or delegate any of Your obligations under these Terms and Conditions of Use without MORNINGSIDE SHOPPING CENTRE WIFI’s prior written consent.
9.2 MORNINGSIDE SHOPPING CENTRE WIFI may, in its sole discretion, cede any or all of its rights, and/or delegate any or all of its obligations under this Agreement to a third party without Your consent or notice to You, provided that You are not unreasonably prejudiced by such a cession and/or delegation.
10. Amendment of this agreement
10.1 MORNINGSIDE SHOPPING CENTRE WIFI may, at any time, amend the Terms and Conditions of Use and MORNINGSIDE SHOPPING CENTRE WIFI will take reasonably practical steps to inform You of the changes. Without limiting the ways MORNINGSIDE SHOPPING CENTRE WIFI may inform You, MORNINGSIDE SHOPPING CENTRE WIFI may inform You either by sending You an e-mail (if You give us Your e-mail address when You register to Access the Services), by utilising a "pop-up" notification on our Website, or by notifying You when You Access our Services.
10.2 Any new version of these Terms and Conditions of Use will be displayed on our Website together with the date on which it will become effective, which will not be less than 30 days after the date on which it is first displayed. It is Your obligation to visit our Website on a regular basis in order to ascertain whether any amendments have been made to these Terms and Conditions of Use.
11. Copyright and Intellectual property rights
11.1 MORNINGSIDE SHOPPING CENTRE WIFI provides certain information on its Websites and on webpages accessible on the Network. Content displayed on these webpages is provided by MORNINGSIDE SHOPPING CENTRE WIFI, its Third Party Vendors and our affiliates and/or subsidiaries, as well as other third party owners of such content, and includes among other things, literary works, musical works, artistic works, sound recordings, cinematograph films, sound and television broadcasts, program-carrying signals, published editions and computer programs (the "Content”). The intellectual property rights, including, among other things, trade mark and copyright rights in the Content vests in the provider of such Content, as well as its affiliates or subsidiaries, or any other third party owner of such rights (“the Owners”), and is protected by South African and international laws. MORNINGSIDE SHOPPING CENTRE WIFI reserve the right to make any changes to the Content, or to products and/or services offered through the Services at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, You are not granted a licence or any other right including without limitation under copyright, trademark, patent or other intellectual property rights in or to the Content.
12. Third party vendors
12.1 The Terms and Conditions of Use as outlined above pertain to the Access to the Services. Any service that is offered by a Third Party Vendor will be governed by their specific terms and conditions and will be enforced by such Third Party Vendor.
13. Children
13.1 The Services are not targeted at people under the age of 18. MORNINGSIDE SHOPPING CENTRE WIFI will not knowingly collect information from persons in this age group without permission to do so.
14. Consumer Protection Act and Protection of Personal Information Act
14.1 If any part of these Terms and Conditions of Use is regulated by or subject to the Consumer Protection Act, No 68 of 2008 ("CPA") or the Protection of Personal Information Act, No. 4 of 2013 ("POPIA"), it is not intended that any part of these Terms and Conditions of Use contravenes any provision of the CPA or POPIA. Therefore all provisions of these Terms and Conditions of Use must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and POPIA are complied with.
14.2 No provision of these Terms and Conditions of Use (or any contract governed by these Terms and Conditions of Use):
14.2.1 does or purports to limit or exempt us or any person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
14.2.2 requires You to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow for such an assumption of risk or liability; or
14.2.3 limits or excludes any warranties or obligations which are implied into these Terms and Conditions of Use (or any contract governed by these Terms and Conditions of Use) by the CPA or POPIA (to the extent they are applicable) or which we are required to give under the CPA or POPIA (to the extent they are applicable).