Terms and Conditions Of Use & Disclaimer

• Summary :
  iSPOT together with its Partners offers a Wireless Hotspot Service enabling members of the public to connect to the internet for a limited time at a small fee. iSPOT provides the technology and equipment to enable end users to log on to the internet while Partners provide the premises and physical connection at each iSPOT Wireless Hotspot. iSPOT is the Wireless Hotspot trading business unit of Perlcom CC a Close Corporation registered in the Republic Of South Africa. iSPOT Partners are individuals, Close Corporations and Limited Liability Companies who operate premises at various locations throughout South Africa that have been enabled to operate as a Wireless Hotspot.
  
  The service offered by iSPOT is limited to the provision of a Username and Password that enables the user to access the internet for a limited time and for a limited amount of download bandwidth at an iSPOT enabled site.
  
  
• Terms and Conditions of Use & Disclaimer :
  iSPOT together with its Partners offers a Wireless Hotspot Service enabling members of the public to connect to the internet for a limited time at a small fee. iSPOT provides the technology and equipment to enable end users to log on to the internet while Partners provide the premises and physical connection at each iSPOT Wireless Hotspot. iSPOT is the Wireless Hotspot trading business unit of Perlcom CC a Close Corporation registered in the Republic Of South Africa. iSPOT Partners are individuals, Close Corporations and Limited Liability Companies who operate premises at various locations thrugout South Africa that have been enabled to operate as a Wireless Hotspot.
  
  These terms of use are applicable when offering public wireless internet (PWLAN) via the infrastructure and the website offered by iSpot and its Partners (the "services"). The services are offered by iSpot in conjunction with the partners at various locations ("Sites") as indicated on the website of iSpot a trademark of Perlcom CC a Closed Corporation with its registered office at 1 Balmoral Drive Durban North (hereafter called "iSpot").
  
  By using these services you accept the terms of use and you commit yourself to complying with these terms of use.
  
  Neither iSpot, nor any manager or official of the Site where the user enjoys the services (the partners of iSpot), can be held liable for the contents of the services or their use, directly or indirectly. As such, iSpot does not make any undertaking and does not offer any guarantee in connection with the continuity of the internet access, the software, the products or the operation of the services offered on its website or via its internet access. Nor does iSpot guarantee the correctness of the information offered via its services. iSpot has the right to modify the access stipulations and the information presented at any given time.
  
  Any exoneration at the advantage of iSpot also unconditionally applies to partners of iSpot who allow iSpot to offer the services on their sites.
  
  
• Hyperlinks :
  If links are established via the services of iSpot with other sites on the internet - directly or via search engines - iSpot does not bear responsibility for the links, the contents or the existence of these other sites. For iSpot has no control over the links, the contents or other features of these websites. Anyone using these search engines has to be aware that the internet can contain information which is illegal, unlawful or damaging and acknowledges that iSpot is by no means capable of monitoring any illegal, unlawful information being distributed via the internet. iSpot can not be held liable in any way for errors in addresses of websites or domain names on its sites.
  
  In an attempt to provide increased value to our Users, the iSPOT website may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
  
  
• Intellectual rights :
  The contents of iSpot's websites are protected at all times by the applicable intellectual rights (without being exhaustive: brands, copy rights, patents,…etc). Using, copying, translating, editing, modifying or distributing the entire Site or part thereof in any way, shape or form is prohibited, unless prior written consent has been obtained from iSpot. Any breach of such intellectual rights can lead to civil or criminal prosecution. The users of the services of iSpot explicitly commit themselves to respect the intellectual rights of iSpot and third parties. iSpot reserves the right to take action as it sees fit and to take all measures it deems suitable to stop or prevent breaches of its intellectual rights or those of third parties, without the possibility of them being held liable as a result of these initiatives, regardless the reason.
  
  iSPOT reserves the right to:
  1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
  
  We have the right, but not the obligation, to monitor any activity and content associated with the Website and or Hotspot. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
  
  
• Commitment of the user :
  This service may not be used to download content of an illegal nature or which is protected by copyright without the specific permission of the owner of such content.
  
  As a user of iSpot you commit yourself to not distributing content as described below or to participate in the distribution of such content. The following content is illegal :
  • Corruption of common decency as referred to in its everyday meaning;
  • Advertising for or requesting services of a sexual nature with a profitable objective;
  • Racism, xenophobia and incitement to violence;
  • Provocation to commit crimes and offences;
  • Offering communication platforms for criminal groups;
  • Gaining advantage and/or offering and/or advertising and/or soliciting games of chance and gambling, save the legal lotteries;
  • Offering or requesting intoxicating and/or psychotropic substances by persons not having the authority to do so;
  The user will endeavour to inform iSpot or the legal authorities of any illegal contents which have come to his/her attention as soon as possible. You can contact iSpot via its website.
  
  You may only use the iSPOT website to browse the content and make legitimate purchases and shall not use the site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
  
  
• Protection of privacy :
  We are committed to protecting your privacy. iSPOT solely retains information, including cell phone numbers, regarding the users which is necessary or useful when offering its services and may share such information with its partners and may use such informaton for future services. The details are held on record in accordance with the applicable statutory regulations. Any user has the right to enquire what information is being kept on him/her by iSpot, and also has the right to request rectification of this information as well as the deletion of it from the data records. Any such request must be made in writing and sent to iSpot at the address mentioned above.
  
  The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site. We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail. By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes. The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
  
  
• Payment :
  iSpot offers services via its site. Payment for these services is made in accordance with the general terms of iSpot and its partners and may be made via:
  1. Premium SMS,
  2. Vouchers purchased at the iSPOT from an iSPOT partner,
  3. Over The Counter Purchase from an iSPOT Partnet who obtains a login online,
  4. Credit Card using the link provided on the iSPOT website.
  All transactions will be processed in South African Rands (ZAR). The user accepts that iSpot will indeed do anything possible to ensure that the payment is made in the securest possible way allowed by current technology, yet accepts that iSpot essentially only has a best endeavour obligation and cannot be held liable for any damages. Once a purchase is made NO REFUNDS ARE POSSIBLE.
  
  For your security iSPOT uses a third party SECURE CREDIT CARD TRANSACTION SERVICE PROVIDER accredited by all major banks in South Africa to process Credit Card Transactions:
  
  1. All Credit Card Transactions are processed by Virtual Card Services. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
  2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  3. iSPOT DOES NOT have access to your credit details.
  4. Virtual Card Services continually reviews and enhances its security in line with technological changes.
  
  
• Refunds:
  iSpot provides you with login credentials immediately via SMS or via its website and since these mechanisms are automated, NO REFUNDS ARE POSSIBLE once a purchase is made.
  
  
• Delivery :
  iSpot provides its services electronically via SMS or via its website and no physical goods are transferred. Once a transaction has been completed delivery is deemed to have taken place. iSpot maintains an electronic log of all transactions and a unique REFERENCE to each transaction is provided to you as part of the transaction.
  
  
• Applicable law and competent courts :
  Any dispute with regard to the use of the services of iSpot is subject to South African law. In the event of disputes between users and iSpot the user accepts the competency of the Magistrates court of Durban.