//todo make background more flexible. Refactor this background model;?>
Please read these terms and conditions carefully; they govern your use of this wireless local access network service ("the Service"). The Service may be interrupted from time to time due to system performance measurements or other configuration changes. There is no guarantee that the Service will be available at all times, nor that the performance of the Service will be suitable to provide internet access. The Service is presently available free of charge however, Gazella Wifi reserves the right to charge for the Service in the future or charge for any premium services which may become available.
The Service is a wireless data service using radio frequency to provide internet access in participating locations. Wireless connections are then used to create the connection between the location and the internet. When you are located within the radio frequency coverage area of a location, you may connect to the Service using your computer equipment. The Service is dependent on the suitability of your computer equipment.
The landing page ("Landing Page") and these terms and conditions ("Terms and Conditions") are operated by Gazella Wifi for participation location. There may be times when the Service is unavailable due to testing or system configuration changes.
In these Terms "us", "we" or "our" means Gazella Wifi and "you" or "your" means the individual using the Landing Page, the Terms and the Service.
For that reason these Terms are important and you should ensure that you read them carefully. By using the Service you acknowledge and agree that you have read and understood the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Service. We reserve the right, at our discretion, to modify, add to or remove or update any of the Terms at any time without further notice to you or without giving you any explanation or justification for such change. You should check these Terms from time to time to ensure you are happy with any changes. Your continued use of the Service following the updating of the Terms shall mean you accept those changes. We advise you to save a copy of them for your information in the future.
We grant you a non-exclusive, non-transferable license to use the Service in accordance with the Terms. We may terminate this license at any time if you are in breach of any of the Terms.
The Landing Page, these Terms and the Service may contain trademarks and other material belonging to third parties. Copyright rests with the third party and is subject to all relevant Copyright and Trademark laws. Nothing contained on the Landing Page, these Terms or the Service shall be construed as us granting any license or right of use for any trademark or other material without the express written permission of the relevant owner.
The Landing Page, these Terms and the Service may also contain links to third party websites as well as content added by people other than us. We do not endorse, sponsor or approve any content available on any linked website. If you enter a third party website via one of these links you do so at your own risk.
If you contact a third party using functionality provided on the Landing page, these Terms or through the Service, including via email we accept no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party. We reserve the right to terminate any link at any time.
We may from time to time include advertising by third parties on the Service.
The Landing Page, these Terms and the Service may contain material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any documents on the Landing Page and in these Terms as well as any other content. It is protected by intellectual property laws including, but not limited to, copyright. You acknowledge and agree that, as between you and us we either own or (where acknowledged) license all intellectual property rights in the Landing Page.
Nothing in the Term constitutes a transfer of any intellectual property rights. All trademarks reproduced on the Landing Page, in these Terms or in the Service which are not the property of or licensed to Gazella Wifi/Participating Location are acknowledged.
You may view, use, and download material on the Landing Page and the Terms for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of such material to third parties is prohibited.
Unauthorized use of the Landing Page or the Service may give rise to a claim for damages and/or be a criminal offense.
Any information contained on the Landing Page, in these Terms or the Service is given in good faith and for general information and interest only. It is subject to change without notice. We are not responsible for any inaccuracies and make no representation, give no warranty or guarantee that the information is current, accurate and free from omissions or errors.
Any information given on the Landing Page, in these Terms or by the Service should not be relied on and does not constitute any form of advice or recommendation. By accessing the Landing Page, the Terms and the Service you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to in the Landing Page, Terms or through the Service are entirely at your sole risk and responsibility. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on any information obtained through the Landing Page, the Terms or through the Service. Our liability to you as explained in the Liability clause of these Terms and Conditions remains unaffected by this.
We do not warrant that any information, software or other material accessible through the Landing Page, Terms or Service is free of viruses, worms, Trojan horses or other harmful components. While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on our systems. We disclaim all liability to you to the greatest extent possible pursuant to law should this occur.
Gazella Wifi/Participating Location assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer or mobile device or other property on account of your access to or use of the Service.
Gazella Wifi/Participating Location is not responsible for the content of any website accessed or used via the Service. Your access to and use of any website or network connection whilst using the Service is entirely at your own risk.
You are responsible at your own expense for having suitable computing equipment such as laptop or pocket personal computers with Gazella Wifi wireless and associated software and configurations for use with the Service.
You will be sharing your experience with others so please consider the privacy, peace and personal space of others. Please make sure you behave in a way which does not disturb or cause offense to your fellow patrons.
You must not use the Service to:
We reserve the right to filter the traffic on this Service, at all times. We reserve the right to suspend the Service at all times if we: (a) reasonably believe that your use of the Service is unreasonably excessive (i.e., in excess of 20 megabytes per four hour period); or (b) reasonably believe that you are using the Service for criminal or illegal activities; or (c) you are otherwise in breach of these Terms. You do not have the right to resell this Service to a third party.
The Terms do not exclude the Our liability (if any) to you for personal injury or death resulting from Our negligence, for fraud or for any matter in respect of which it would be illegal for Us to exclude or to attempt to exclude its liability.
To the full extent permitted by law we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and do not give or assume any warranty, condition, undertaking or term, whether statutory, express or implied, as to condition, satisfactory quality, performance, durability, fitness for purpose or otherwise of the Landing Page, No liability will be accepted by Gazella Wifi/Participating Location for any loss, or damage caused by the use of this Service. We do not guarantee that the Landing Page, the Terms or the Service will be compatible with all hardware and software which you may use. We do not guarantee the Service can be accessed at all times and/or at all locations within the Gazella Wifi network.
You understand and agree that prior to your use of the Landing Page, the Terms or the Service; it is your responsibility to make sure that your computer system or access device has been completely backed up. We are not responsible for loss of computer programs data or information. We shall not be liable to you if you cannot use and/or access the Landing Page, the Terms and or the Service because:
WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A RESULT OF A BREACH OF THESE TERMS BY US. WE ARE NOT RESPONSIBLE TO YOU FOR ANY LOSSES WHICH YOU MAY INCUR WHICH WERE NOT A FORESEEABLE CONSEQUENCE OF OUR BREACHING THESE TERMS, FOR EXAMPLE IF YOU AND WE COULD NOT HAVE CONTEMPLATED THOSE LOSSES BEFORE OR WHEN YOU ACCESSED OR USED OUR SERVICES. OUR LIABILITY TO YOU SHALL NOT IN ANY CIRCUMSTANCES INCLUDE LOSSES RELATING TO ANY BUSINESS, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.
THESE TERMS AND CONDITIONS ARE TO BE READ SUBJECT TO ANY LEGISLATION WHICH PROHIBITS OR RESTRICTS THE EXCLUSION, RESTRICTION OR MODIFICATION OF ANY IMPLIED WARRANTIES, CONDITION OR OBLIGATION. IF SUCH LEGISLATION APPLIES, TO THE EXTENT POSSIBLE, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM TO, AT OUR OPTION TO DIRECT LOSS AND TO THE SUM OF TWENTY FIVE DOLLARS ($25).
When you access the Service via the Landing Page and these Terms your device ID (MAC Address) is recorded by the system to track your usage. We reserve the right to collect collate and use any data or user information for Gazella Wifi companies and affiliates.
You shall at all times indemnify us and keep us indemnified and hold us harmless from and against any loss (including reasonable legal costs and expenses), damage, claims, liabilities, costs and proceedings that we may incur or suffer arising out of or in connection with your use of the Service or out of or in connection with a breach of the Terms by you.
You must not assign, sublicense or otherwise deal in any way with any of your rights under these Terms. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. These Terms will terminate if, for any reason, we cease providing the Services. Termination will not end those provisions that are capable of surviving termination.