1.1 VAST Networks (Pty) Ltd ("VAST") provides an open access network which may facilitate the use of the World Wide Web and electronic mail via a wireless connection. VAST provides a number of connectivity solutions, including a complementary WiFi service (the "VAST Complimentary Service") as well as paid services provided in conjunction with third parties (the "VAST Premium Service") (individually and collectively referred to as the "WiFi Service").
1.2 The WiFi Service is provided to you on condition that you accept, without modification, the Terms and Conditions of Use as specified in this document. When using the WiFi Service, you will be signifying your acceptance of these terms and conditions which will form a binding agreement between yourself and VAST.
2.1 "Access" means your initial connection to, or use of, the WiFi Services, as well as every subsequent instance where you use the WiFi Services, connect to the Network or in any way connect to our Infrastructure;
2.2 “Access Point(s)” means a device that broadcasts a WiFi signal and allows wireless devices to connect to a network using WiFi, or related standards;
2.3 “Data Cap” means the amount of data available to you to Access the WiFi Service for use during the course of a calendar month or available to you on a pre-paid basis, as determined by VAST in its sole discretion;
2.4 “Effective Date” means the date on which VAST first grants you access to the WiFi Service;
2.5 “Equipment” refers to any device that has the ability to connect to the Network by making use of a WiFi Service. Equipment includes, but is not limited to, cellular phones, laptop computers and tablet computers;
2.6 "Infrastructure" refers to the 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 that are owned, controlled or utilised by VAST;
2.7 "Network" refers to the Infrastructure operated by VAST to provide the WiFi Service;
2.8 “Network Coverage” refers to an area where the WiFi Service is available;
2.9 “Roaming Partner Hotspot” means the WiFi Access Points made available by our roaming partners at the locations indicated on our Website from time to time;
2.10 “Third Party Vendor(s)” refers to any third party service provider who has partnered with VAST to provide services over the Infrastructure;
2.11 “Time Cap” means where Access is granted to the WiFi Service for a specified period of uninterrupted, continuous time (e.g. in minutes or hours such as 30 minutes);
2.12 “VAST Hotspot” means a location where you may Access the WiFi Service and which, may include, without limitation, the Roaming Partner Hotspots and the VAST WiFi Zones;
2.13 “VAST WiFi Zone” refers to a venue where the VAST WiFi Service is available, as indicated on our Website from time to time;
2.14 “Website” means http://www.vast.network/; and
2.15 “WiFi Service(s)” means the service described in clause 1.1 above, any other VAST service to which you may subscribe and any services that may form part of VAST’s offering from time to time , including the services available at VAST WiFi Zones.
3. Conditions of access
With effect from the Effective Date, VAST hereby grants to you Access to the WiFi Service 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 by VAST from time to time, including the AUP available at http://www.vast.network/aup. In consideration for such Access you agree that you will not attempt to circumvent VAST's user authentication processes or engage in attempts to Access the Network where not expressly authorised to do so. Should you fail to comply with this provision or any other provision of these Terms and Conditions of Use, you agree to pay to VAST immediately, on demand, all costs, loss and/or damages incurred or suffered by VAST as a result of your breach and/or wilful misconduct.
4. The WiFi service
4.1 VAST Hotspot locations can be viewed on our Website. Such locations are subject to change without notification to you.
4.2 "Data Cap" or "Time Cap" denominations and/or increments applicable to the WiFi Service may be changed in VAST’s sole discretion.
4.3 You must ensure that you meet all pre-requisites in order to use the WiFi Service and that the device, software and Equipment that you intend to use in order to receive the WiFi Service is compatible with our technical specifications.
4.4 The technical specifications and other pre-requisites are available on our Website and may change from time to time. Pre-requisites may, without limitation, include the following:
4.4.1 a device that supports WiFi connectivity in order to connect and Access the WiFi Service is required;
4.4.2 having a valid and active cellphone number 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 our VAST WiFi Service.
4.5 You can also Access our Website to view:
4.5.1 general instructions on how to use our WiFi Services; and
4.5.2 additional information and pointers about security at VAST Hotspots.
5. Disclaimer, Termination and Indemnity
5.1 The quality and availability of the WiFi Services may sometimes be affected by factors outside VAST’s control, including but not limited to:
5.1.1 Access restrictions to Customers imposed by venue operators, or
5.1.2 the range and strength of the WiFi signal and Network which depends on the location of the Access Point(s) and the surrounding environment e.g. Access Point placed behind concrete walls, local physical obstructions; or
5.1.3 the features or functionality of your particular Equipment, or
5.1.4 the number of people trying to use the Network at the same time.
5.2 The WiFi Service is provided “as is” and VAST shall not be liable for any loss suffered by you due to inconsistency, unavailability or delay in the WiFi Service.
5.3 VAST or any Third Party Vendor will use reasonable efforts to show the extent of Network Coverage and VAST Hotspot location maps. However the location and coverage maps are not a guarantee of the availability at the locations or the quality of the Service or Network Coverage as it may at times vary from place to place.
5.4 In addition to VAST's rights under clause 5.5 below, VAST and its Third Party Vendors reserve the right to cancel or suspend the WiFi Service or your Access thereto or any part thereof at any time, without being liable to you in any way, including without limitation if:
5.4.1 you use any Equipment which is defective or illegal; and/or
5.4.2 your use of the WiFi Service is causing, or causes technical or other problems to the Network and/or our Infrastructure; and/or
5.4.3 suspected repetitive and fraudulent, illegal or unauthorised use; and/or
5.4.4 authentication of you as a customer of VAST is not possible; and/or
5.4.5 where the terms applicable to a particular product or service of VAST that make you eligible for the WiFi Service is downgraded, terminated, disconnected or suspended; and/or
5.4.6 you contravene these Terms and Conditions of Use and/or an AUP in any way whatsoever.
5.5 Subject to limitations allowed in law, VAST 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, including without limit, damages arising from:
5.5.1 any unavailability, delay, interference with or interruption of the WiFi Service at any VAST WiFi Hotspot locations; and/or
5.5.2 any unauthorised access to or use of (including, without limitation, use of the Network or WiFi Services which contravenes these Terms and Conditions of Use) the WiFi Services, the Network, our Infrastructure and/or any and all stored personal information;
5.5.3. 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 Equipment, the WiFi Services, our Infrastructure, services, data, storage media, programs, equipment or communications ("Destructive Code") which may be transmitted to or through the WiFi Services or the Network;
5.5.4 termination of the WiFi Service at any or all VAST Hotspots; and/or
5.5.5 failure to authenticate you as a customer at an applicable VAST Hotspot; and/or
5.5.6 your Pre-paid payment whether online or at a retail vendor; and/or
5.5.7 loss or unauthorised use of your WiFi Voucher or WiFi Service.
5.6 You indemnify VAST 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 use of the WiFi Service and arising from 6.5.1 to 6.5.7 above.
5.7 Should you be in breach of any provision of this agreement, then VAST shall be entitled, without prejudice to any other rights it may have and without notice to you, to forthwith
5.7.1 suspend your Access to the WiFi Service; and/or
5.7.2 terminate this agreement and, recover, all costs incurred by VAST, including (without being limited to) legal costs on an attorney and own client basis.
6. Security & Privacy
6.1 By accepting these Terms and Conditions of Use you consent:
6.1.1 to VAST tracking your clicks and movement;
6.1.2 that VAST may be required to provide your personal information to any law enforcement agencies upon being requested to do so;
6.1.3 that VAST may utilise Location Based Services (“LBS”) for any lawful or 3rd party service;
6.1.4 to VAST storing small pieces of data (or adopting other measures) to identify your Equipment in order to provide customised services.
6.1.6 that in order to ensure the security and reliable operation of the WiFi Service to all VAST patrons, VAST hereby reserves the right to take whatever action VAST finds necessary to preserve the security and reliability of its network, and in particular reserves the right to intercept and monitor all usage of and flow of communications through the WiFi Service within South Africa Law and legislation.
6.1.7 to VAST, Third Party Vendor, their affiliates or their business partners may redirect you to third party payment processors.
6.1.8 to allow VAST to record personal information for the purposes of analytics and monitoring. including, without limitation, completing surveys and other data collection activities, at any time. This personal information includes, but is not limited to:
- First Name
- Mobile phone number (MSISDN)
- E-mail address
- Device MAC Address
- Your responses to any questionnaires or surveys administered by VAST and/or Third Party Vendors
6.1.9 to the maximum extent permitted by law, VAST making this personal information available to their affiliates, business partners or third-party at VAST's sole discretion and on any basis.
6.2 VAST retains your personal information for commercial purposes, including enabling the ability to recognise users upon successive use of the service provided by VAST thus doing away with the need to re-register upon successive visits to the same or other locations where VAST operates its infrastructure. VAST also shares registration information with its venue business partners. In event, you wish to withdraw your consent for VAST to continue to share your personal information with any third parties, please notify VAST at https://portal.vast.directory/unsubscribe_me. VAST will at all times retain your information for purposes of legal identification of users upon receipt of a subpoena from either the South African Police Services and/or any court with jurisdiction in South Africa.
6.3 The personal information required for executing the orders placed through e-commerce facilities, credit card details and private browsing data will not be recorded or stored by VAST.
6.4 You may not utilise the WiFi service in any manner which may compromise the security of VAST's network or tamper with the WiFi service or the Network in any manner whatsoever as set out in clause 7.6 below.
6.5 VAST cannot be held responsible for security breaches occurring on your electronic device (Personal Computer or other electronic device used to Access the WiFi Service), which may result due to the lack of adequate virus protection software or spyware that you may have installed on your device.
6.6 It is your responsibility to take precautions and provide security measures that are suited to your situation and your intended use of the WiFi Service and VAST 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. VAST 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.
6.7 You may not:
6.7.1 utilize the WiFi Service to gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the WiFi Service to collect or attempt to collect personal information about third parties without their knowledge or consent; and
6.7.2 violate the privacy of any person or attempt to gain unauthorised Access to the WiFi service or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
6.7.3 use the WiFi service to engage in any illegal or unlawful activity.
6.8 Should you engage in any one or more of the above practices, which shall be determined at VAST's sole discretion and which decision shall be final, then VAST shall be entitled, without prejudice to any other rights it may have, to:
6.8.1 without notice, suspend your Access to the WiFi service indefinitely;
6.8.2 terminate this agreement with immediate effect;
6.8.3 bill you for any costs incurred by VAST, including (without being limited to) bandwidth, administration costs, downtime, usage of VAST's name or registered domain names and CPU cycles; and/or
6.9 While VAST may take measures to protect your personal information, due to the inherent nature of public Wi-Fi, VAST cannot guarantee that your personal information will be safe from unauthorised access. To the maximum extent permitted by law, you agree that VAST 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. Cession and Delegation
7.1 You may not cede any of your rights or delegate any of your obligations under this agreement without VAST’s express written consent.
7.2 VAST shall be entitled, in its sole discretion and without notice to you, to cede and transfer or delegate to any third party all or any of its rights or obligations under this agreement.
You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by VAST arising out of this agreement, provided that VAST shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.
9. Amendment of this agreement VAST
reserves the right to amend this agreement from time to time without notice to you. Any new version of the agreement will be displayed on our web site together with the date on which it will become effective, which will never 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.
10. Copyright and Intellectual property rights
VAST provides certain information at the secure Websites. Content currently or anticipated to be displayed at these Websites is provided by VAST, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to literary works, musical works, artistic works, sound recordings, cinematograph films, sound and television broadcasts, program-carrying signals, published editions and computer programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. VAST reserve the right to make any changes to the Websites, the Content, or to products and/or services offered through the Websites 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 license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
11. Third party vendors
The Terms and Conditions of Use as outlined above pertains to the use of the WiFi Service. 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.