EGG WIFI TERMS AND CONDITIONS
The @EGG free Wi-Fi service (“Wi-Fi Service”) is provided by EGG for use by all EGG customers at all EGG stores in South Africa who are Registered App Users (as defined in terms of clause 2.1 below).
1.1. These terms and conditions (“Wi-Fi Terms”) apply from when We are Egg Proprietary Limited (registration number: 2020/016714/07) (“EGG”, “we”, “us”, and “our”) accepts your request for the Wi-Fi Service and you select acceptance of the Wi-Fi Terms.
1.2. By using and/or activating the Wi-Fi Service you agree to be bound by these Wi-Fi Terms. If you do not agree to these terms and conditions , do not use the Wi-Fi Service.
1.3. We may modify these Wi-Fi Terms at any time. Please check these Wi-Fi Terms from time to time, as your continued use of the Wi-Fi Service shall mean that you have accepted any updated or changed Wi-Fi Terms.
1.4. These Wi-Fi Terms do not alter in any way the terms and conditions of any other agreement which you may have with EGG.
1.5. To the extent that the Consumer Protection Act 2008 applies to these Wi-Fi Terms and condition, your attention is drawn to the clauses in these Wi-Fi Terms that contain an assumption of risk or liability by you or an indemnification of EGG. These clauses are highlighted for clarity.
1.6. For the purposes of these Wi-Fi Terms and Conditions, the terms “user”, “you” and “your” are used interchangeably in these Terms and Conditions and refer to Registered App Users (defined in terms of clause 2.1 below) using the Wi-Fi Service.
2. Access to and use of the Free Wi-Fi Service
2.1. To access and use the Wi-Fi Service, you are required to register as user on the EGG App in accordance with the provisions of our App Terms (“Registered App User”).
2.2. Registered App Users can connect to the Wi-Fi Service in your Wi-Fi settings and follow the on screen instructions.
2.3. Use of our free Wi-Fi Service is limited to 1GB of data (“the Data Bundle”) daily per Registered App User. The Data Bundle will be available as soon as you have connected to our Wi-Fi Service and will remain valid for up to:
2.3.1. 24 (twenty-four) hours of activation of the Data Bundle; or
2.3.2. the depletion of the Data Bundle;
whichever occurs earlier. Once you have depleted the Data Bundle, the free Wi-Fi Service will no longer be available for that particular day.
2.4. You will only be able to access the Wi-Fi Service if you are within range of the Wi-Fi signal (access point) for any designated area(s) within the select EGG stores.
2.5. We will not provide information technology equipment, power, advice or assistance to any user of the Wi-Fi Service. You are responsible for providing your own computer or other mobile device (which must be a wireless enabled device) that is capable of accessing the Wi-Fi Service with its own power source. The availability and performance of the Wi-Fi Service is subject to the device limitations.
2.6. Although EGG will use its best endeavours to have the Wi-Fi Service available at all times, it may at any time be interrupted, modified or curtailed due to maintenance and repair work, transmission or equipment limitation/failures or due to an emergency. EGG is not responsible for data, messages or pages that you may lose or that become misdirected because of the interruptions or performance issues with the Wi-Fi Service
2.7. EGG does not guarantee the availability of the Wi-Fi Service and makes no warranties or representations as to the accessibility, strength, speed, connectivity, stability, reliability of, or bandwidth for, the Wi-Fi Service. EGG shall not be liable in any manner whatsoever in respect of any loss or damages caused by or arising from the unavailability of or any interruption in the Wi-Fi Service for any reason whatsoever.
2.8. Your access to and use of the Wi-Fi Service is entirely at your own risk. All Wi-Fi Services are provided on an as is basis. EGG does not warrant that the Wi-Fi Service is fault free or fit for any particular purpose that our system is secure.
2.9. We cannot be held responsible for any breach in security of the device that you use or information which you transmit using our Wi-Fi Service. You are solely responsible for the security of your device as well as any content, data or information downloaded or otherwise communicated via the W-Fi Service. You are also responsible for keeping all usernames, passwords and such other security based information confidential and secure.
2.10. Accessibility and quality of the Wi-Fi Service may at times be affected by factors outside our control, including the features of your mobile device, the range and strength of the Wi-Fi signal and our network, and/or the traffic of other customers logged onto the Wi-Fi Service.
2.11. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever arising from your use of our Wi-Fi Service. You agree to indemnify us and any third party against any loss or damage caused by your use of our Wi-Fi Service.
2.12. If you become aware of any unauthorised, unlawful, illegal, inappropriate or unacceptable usage of the Wi-Fi Service, please notify us immediately by calling 021 493 2891 or emailing [email protected] .
2.13. We may at any stage permanently or temporarily disable your access to our Wi-Fi Service if in our sole discretion you:
2.13.1. have failed to comply with any of the provisions of these Wi-Fi Terms; or
2.13.2. are transmitting a virus (or any other manipulating program capable of modifying other programs or replicating itself) or other malware; or
2.13.3. you have misused the Wi-Fi Services in any way.
2.14. The Wi-Fi Service is provided with the expectation that you will utilise this service in a lawful, professional and responsible manner. You may not access and/or transfer content using our W-Fi Service that:
2.14.1. breaches any applicable law or regulation;
2.14.2. will interfere with or compromise our Wi-Fi Service in any way;
2.14.3. is in our sole discretion offensive, defamatory, threatening, a nuisance, inappropriate, hateful, unlawful, illegal or abuses the Wi-Fi Service in any way;
2.14.4. is abusive or threatening towards other users of the Wi-Fi Service, member of EGG staff or any person in the vicinity of the Wi-Fi Service;
2.14.5. involves the transmission of any spam, junk mail, chain mail or any other unsolicited content;
2.14.6. infringes the rights of others;
2.14.7. harms or attempts to harm minors in any way;
2.14.8. contains viruses, corrupted files or any malware that may damage, modify, delete, detrimentally affect, interfere with, surreptitiously intercept, access without authority or expropriate any system, information, individual or entity (where applicable) and/or the Wi-Fi Service.
2.15. You agree not to sell or re-broadcast any aspect of the Wi-Fi Service, whether for profit or otherwise. You accept that your entitlement to use the Wi-Fi Service is for your personal use only and that you shall not be entitled to transfer your entitlement to use the Wi-Fi Service to any other person or allow any other person to make use of the Wi-Fi Service or of any username or password or other entitlement supplied to you in connection with the Wi-Fi Service.
2.16. You agree not to modify the device or use the Wi-Fi 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.
All rights, including copyright, trade mark and other intellectual property right, embodied in any logo, text, images, video or other content which you access through our Wi-Fi Service are owned by or licensed to EGG. Unauthorised use, variation, modification, reproduction and/or distribution of such intellectual property is strictly prohibited and constitutes unlawful infringement of our intellectual property rights.
4. Governing Law
These terms and conditions are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these terms and conditions shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue of our choice applying the Uniform Rules of the High Court of South Africa.