TERMS AND CONDITIONS FOR USE OF WIRELESS/WIRED INTERNET SERVICE FOR BERTH HOLDERS AT PREMIER MARINAS
The internet access services, comprising both the wireless service and the fixed internet access terminal (together, the "Service") are provided to you by this network owner ("we"/"us"/"our"). By gaining access to the Service, you agree to abide by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Service. We hold the right to amend this agreement at any point.
Fair Use Policy
The Fair Use Policy has been implemented so that we are able to deliver a wireless broadband service that is reliable to all our users where practicable. We monitor the performance of our network/s and may restrict the amount of bandwidth available to very heavy users during busy periods to ensure that the majority of our users have a good experience on the Network. Broadband is supplied by a third party and speeds may vary depending on location.
Why we have a Fair Use Policy?
Some customer’s usage is in excess of that expected from normal home use and this may impact on the service level to others particularly at busy times. This can be due to high use of internet access.
Will I be affected by the Fair Use Policy?
If you don't use file sharing software or download large files from the internet it's unlikely you will ever be affected by our policy. If you do, all we request is that you do so with consideration for other customers sharing this network, for instance, downloading outside peak hours.
What happens if my use is very high?
If your usage is frequently high and impacts our network, and the experience of other users in a negative way, then we will get in touch with you to ask you to change your behaviour. Your devices may be removed from accessing the network.
Amount of Devices
Accounts are limited to the amount of devices stated. Should you have a long-term account with ClubWifi Ltd, you are able to switch devices to a new device if this has not been connected to the network for over 4 hours. Smart TV’s and Gaming Consoles are not supported by ClubWifi Networks.
Your Device Security
You are responsible for the security of your device at all times. ClubWifi Ltd is not responsible for your device or its security for use on any public networks at any time. Please ensure you have read your device user manuals and understand how your device is set up and how the security settings on your device work. You should ensure that your anti-virus programs on your devices are up to date as to ensure that a virus is not transferring data that you are not aware of.
1.1 We will endeavour to make the Service available 24 hours a day,however, we will not be liable if for any reason the Service is not available at any time or for any period. Access to the Service may be suspended at any time. Service may be affected by areas out of our control and we aim to ensure any disrupted service is dealt with in a timely manner. ClubWifi Ltd is not liable for third party issues, such as power outages, Broadband Failure and certain weather conditions. If any of this affects the service we aim to deliver to you - please contact our support desk - www.clubwifi.co.uk/support.
1.2 In order to gain access to the Service, you may be required to provide us with certain personal information. We will use such personal information in accordance with relevant data protection legislation. You warrant and undertake to us that all of the personal information you provide is complete and accurate. We will not disclose any personal information which is provided by you to any third party without your permission, other than (i) to any sub-contractors or agents engaged by us to provide any support or administration, facilities management or similar services (subject to such sub-contractors
and/or agents undertaking to keep such personal data confidential), (ii) to any company or organisation to which we transfer our responsibilities to provide the services and products to you or (iii) where required by law or made in connection with legal or regulatory proceedings.
2.1 You will keep any access codes or passwords provided to you in order to access the Service confidential, and will not disclose them to any other person for any reason. You will be responsible for any loss that arises from you misplacing, misusing or otherwise disclosing any such access codes or passwords. Please note that we are not obliged to issue a refund if you lose your access code or password.
2.2 The Service is intended to allow you to access the internet in order to use, amongst other things, the world wide web, e-mail, messaging services and social media. You undertake to us that your behaviour while using the Service will be lawful, honest and proper. Without prejudice to any other provision of this agreement, we may terminate your use of the Service at any time without notice if we become aware of any behaviour that has a negative impact on our equipment, the network, the use by other customers on our equipment or network, the internet in general, or which damages, or has the potential to damage our reputation or standing.
2.3 Without prejudice to the generality of paragraph 2.3 above, you may not:
2.3.1 Use the Service for any illegal purpose
2.3.2 Access or attempt to access the Service via more than one device
2.3.3 Access or attempt to access the Service provided to any other customer, customers of our equipment or network, the internet in general, or which damages, or has the potential to damage, our reputation or standing.
2.3.4 Use the Service in such a manner as to host a web server or other server, send or facilitate the sending of bulk e-mail or collect third party personal data without appropriate consent.
2.3.5 Exceed the download limitations relevant to the particular period of Service purchased by you.
2.3.6 Resell, or attempt to resell, the Service to any third party. This includes purchasing an account and using this to give details to others i.e. in a private lodge.
2.3.7 Any requested refunds need to be raised within 12 hours of the service start time. Online accounts need to be via our support desk. We do not guarantee full refunds - each account will be checked for access and data usage.
3. BREACH OF THE AGREEMENT
We shall investigate any suspected breach of the agreement by you, and reserve the right to take such action as we, in our solediscretion deem appropriate, including suspension or withdrawal of the Service with immediate effect and without notice to you.
4.1 You acknowledge that your use of the Service is at your own risk. The Service is provided on an “as-available" basis, and to the fullest extent permitted by law, we hereby exclude all and any warranties or conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. Without prejudice to the foregoing generality:
4.1.1 We do not warrant that the Service will be uninterrupted, timely, secure or error-free at all times or will meet your requirements; and
4.1.2 We are not responsible for the security, integrity, accuracy or completeness of any information that you transmit or receive while using the Service.
4.2 The disclaimer under this paragraph 4 is without prejudice to your statutory and other rights as a consumer.
5.1 Nothing in this agreement shall exclude or limit your or our liability for death or personal injury.
5.2 Subject to paragraph 5.1, we shall not be liable to you in contract, tort or otherwise arising in connection with this agreement for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, any special, indirect or consequential losses or any destruction or loss of data.
5.3 Our liability to you shall be restricted to the amount
5.5 You will indemnify us against all and any losses or claims arising from any breach of the agreement by you, and against any claims or legal proceedings arising from your use of the Service
5.4 If any part of the Service is not available to you through no fault on our part or where the failure, suspension or withdrawal of the Service is beyond our reasonable control, we shall not be obliged to pay any compensation to you.
6.1 We reserve the right to amend this agreement at any time.
6.2 You acknowledge and agree that all intellectual property rights (including, but not limited to copyrights (including rights in software), trademarks, database rights, patents and inventions) in and relating to the Service are owned by us and our licensors or contractors. Nothing in this agreement operates to transfer any such intellectual property rights to you.
6.3 ClubWiFi is relieved of legal and financial liability where circumstances are beyond its control. These shall include but not be limited to terrorist activity, industrial dispute, pandemic, epidemic, storm, fire, water or power cuts hereby known as a Force Majeure.
6.4 We reserve the right to assign or sub-contract any of our rights and obligations under this agreement without notice to you.
6.5 If any provision of this agreement is found to be unenforceable by a court of competent jurisdiction, the other provisions will nevertheless remain in full force and effect.
6.6 This agreement is governed by the laws of England and the parties hereto submit to the non-exclusive jurisdiction of the English courts.
7.1 "We do not store credit card details nor do we share customer details with any third parties"
7.2 The information that ClubWifi Ltd collects will be used for Support and Internal use purposes only, these include your full name, email address, mobile number and password. (This password is for device login only for internet access for the selected ClubWifi Network.)
7.3 Should you wish to request your details at any point, please contact firstname.lastname@example.org.
7.4 We will not sell, distribute or lease your personal information to any third parties.
7.5 We will not contact you via the information you have given ClubWifi Ltd for any promotional products or services. You will only be contacted by ClubWifi for Support Purposes only.
BY PROCEEDING WITH THE LOGIN PROCESS YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE FOREGOING TERMS AND CONDITIONS OF USE.