Public WiFi Terms & Conditions
This is a Hotspot wireless internet Service (the Service) provided by Fruitworks (which is a trading name of Fruitbowl Media Ltd – Registered in England and Wales – Company no. 7637596) for use by customers of Fruitworks. All users are required to log-in individually as an independent user.
- Our agreement
1.1 This agreement applies from when we accept your request for Service. Please read the terms carefully before activating Service with us.
1.2 By using and/or activating Service with us and/or clicking the accept button on the login/registration page you agree to be bound by this agreement. If you do not agree to the terms of the agreement, do not use the Service.
1.3 We may modify the agreement at any time. In accordance with clause 1.2, use of the Service constitutes acceptance of the agreement current at that point in time.
1.4 These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Fruitworks for products, services or otherwise. This agreement contains disclaimers and other provisions that limit our liability to you.
- Providing services
2.1 You are responsible for providing all hardware and other equipment required to access and use the Service (a Unit). We recommend an 802.11b or above-compatible computer, computer card, and/or device to access the Service. You are responsible for ensuring the compatibility of your Unit with the Service. The availability and performance of the Service is subject to all memory, storage and other Unit limitations.
2.2 Service is available to your Unit only when it is within the range of our Wireless LAN.
2.3 All services are provided on an as is basis. We do not warrant that the Service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of the Service.
2.4 We will always try to make the Service available, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, collocation failures or due to an emergency. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service.
2.5 We reserve the right to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).
2.6 Network speed is no indication of the speed at which your Unit connected to the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and you accept that delays or omissions may occur.
2.7 We do not warrant that any particular virtual private network will be compatible with the Service.
2.8 We will not supply any software to you in connection with the Service. If you use software packages, applications or configurations then you accept the risk of any failure of the Service resulting from the use of such software packages, applications or configurations.
- Use of the Service
3.1 The Service is made available provided:
(a) You do not use the Service for anything unlawful, immoral or improper;
(b) You do not use the Service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy, or which is otherwise objectionable;
(c) You do not use the Service to harm or attempt to harm minors in any way;
(d) You do not act nor knowingly permit others to act in such a way that the operation of the Service or our systems will be jeopardised or impaired;
(e) You do not use abusive or threatening behaviour towards other users of the Service, members of our staff or any person in the vicinity of a Wireless LAN Hotspot;
(f) You do not use the Service to access or use content in a way that infringes the rights of others;
(g) The Service is used in accordance with any third party policies for acceptable use or any relevant internet standards (where applicable).
3.2 You agree not to resell or re-broadcast any aspect of the Service, whether for profit or otherwise. You accept that your entitlement to use the Service is for your personal use only and that you shall not be entitled to transfer your entitlement to use the Service to any other person or allow any other person to make use of the Service or of any username or password or other entitlement supplied to you in connection with the Service.
3.3 You also agree not to modify the Unit or use the Service for any fraudulent purpose, or in such a way as to create damage or risk to our business, reputation, employees, subscribers, facilities, third parties or to the public generally.
3.4 You have no proprietary or ownership rights to any username or password or to a specific IP address, or e-mail address assigned to you or your Unit. We may change such addresses at any time or deactivate or suspend Service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the services.
- Content disclaimer
4.1 Fruitworks does not control, nor is it in any way liable for, data or content that you access or receive via the Service. The Internet contains unedited materials, some of which may be sexually explicit or offensive to you. Whereas Fruitworks use efforts to restrict such content Fruitworks has no control over and accepts no responsibility for such materials.
4.2 Fruitworks is not a publisher of third-party content that can be accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.
4.3 It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. Fruitworks will not be a party to nor in any way be responsible for any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Service.
4.4 Fruitworks does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Service.
4.5 If you choose to use the Service to access web sites or content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and Fruitworks has no responsibility for their policies, or third parties compliance with them.
4.6 Fruitworks may offer a period of this Service free of charge, and is intended to support general web browsing activities. Due to limited bandwidth and to ensure a consistent experience for all customers, our Wi-Fi for this free period does not support high-bandwidth actions such as streaming music, streaming video or downloading large files.
- Fair Usage
To ensure the provision of a quality of Service to all our customers and to ensure that the behaviour of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply.
6.1 The registration process requests that you provide a various details which must be used in order to access the Service. 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.
6.2 You are responsible for all activities that occur under your registration. Any breach of security of your device should be notified to us immediately. We have the right to disable your access at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
- Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. FRUITWORKS DOES NOT AUTHORISE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE.
- Limitation of Liability
EVEN IF FRUITWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
- Class Action Waiver
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
We can cancel this agreement immediately if any of the following happens:
(a) You break an important condition of this agreement or a number of less important conditions as determined by Fruitworks.
12.1 You agree to indemnify us against any claims, demands, actions liabilities, costs or damages arising out of your use of the Service including any material that you access or make available using the Service, or violation of the agreement, including but not limited to use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute copyright infringement. You furthermore agree to pay our reasonable legal fees and experts costs arising out from any actions or claims hereunder.
12.2 You are responsible for any usage of your account. If you become aware of any unauthorised or fraudulent usage of the Service via your account, you should notify us immediately.
12.3 You may not transfer or try to transfer any of your rights and responsibilities under this agreement without our consent. We may transfer our rights and responsibilities to any third party without your permission.
12.4 This agreement shall not confer any benefit on a third party
12.5 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
12.6 We reserve the right to amend these terms and conditions at any time.
13.1 The free usage may be limited to a set limit quote. This limit can vary based on factors and we make no promise to the amount of data that is available to any user on any given day. The limit maximum is 2GB per user per day for the free usage. Our free usage connection speed is limited internally. We have the right to increase and decrease this as the operations of Fruitworks requires. If a user is affecting other customers connections, this user may be blocked or their connection speed capped at a reduced speed.
13.2 Our paid plans are limited to a fair use policy. Fair Use is currently capped at 2GB of total traffic (upload/download to external services) in any given hour.
13.3 Users found to have excessive use on the network may at any time – without notice be blocked. If your device is blocked – only the community manager of Fruitworks has the discretion to remove the block.
13.4 Users suspected on any illegal activity will have their details recorded in line with our Data Protection Policy. These details may be passed on with any legal authorities who may request the details. The user will also be blocked from access to our network. The community manager of Fruitworks has the discretion to remove the block once they are satisfied you are not carrying out any illegal activities.
13.4 P2P traffic. Fruitworks reserves the right to block any and all P2P traffic on the network.
13.5 Users agree to not access any material without the correct licence and/or agreement to do so. Fruitworks is not responsible for any breach occurring and your details may be passed on to relevant authorities is required so by law.
13.6 It is unlawful to connect your device to our network if you are watching live TV or downloading or watching programmes on demand on BBC iPlayer.
13.7 No refund will be provided for any breach of the terms and conditions.