PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
WiFi Service Terms
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions. To the extent that there is any contradiction between the General Terms and Conditions and these WiFi Service Terms the following order of precedence shall apply: (i) these WiFi Service Terms; and (ii) the General Terms and Conditions. In these WiFi Service Terms:
1.1 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;
1.2 Data Cap means the limited amount of data, available to you for use by you during the course of a calendar month (if you are a monthly subscriber) or available to you on a Pre-paid basis depending on your WiFi Service;
1.3 Fon Community means the MWEB Fon Hotspots and all users that are granted wireless access to the Internet via the authorised shared use of the Fon service worldwide;
1.4 MWEB Fon Service means the service that allows eligible MWEB Subscribers or members of the Fon Community to access shared MWEB Fon enabled routers, and other existing Fon hotspots in South Africa, as well as all Fon hotspots abroad (collectively "the MWEB Fon Hotspots");
1.5 MWEB Hotspot means the MWEB WiFi hotspot location where you may access your WiFi Service and depending on your selected service, may include the MWEB Fon Hotspots and/or hotspots provided by other third party hotspot providers, or any one or more of them, as indicated on our Website from time to time;
1.6 Pre-paid means the purchase of the WiFi Service on a Time Cap or Data Cap or other basis allowed from time to time by way of a pre-payment;
1.7 Service Fee means the amount which we will charge you for the WiFi Service selected by you as recorded in the Application Form and/or displayed on the Website;
1.8 SIM Card means your subscriber identity module card on the device that enables you to register and access the selected WiFi Service, where applicable;
1.9 Time Cap means where access is granted to the WiFi Service without having a Data Cap for a specified period of time depending on the WiFi Service selected by you;
1.10 Top Up means, if available, the process whereby you may top up your Data Cap or Time Cap by purchasing further data or time in increments indicated on our Website from time to time;
1.11 Website means www.mweb.co.za;
1.12 WiFi Service means MWEB’s WiFi service (provided on the basis as may be selected by you on your Application Form or provided on a value–added basis including without limitation the MWEB Fon Service, and which facilitates the use of the Internet in public locations via a wireless connection at the applicable MWEB Hotspot.
2. THE SERVICES
2.1 If you are not a MWEB Subscriber who qualifies for our WiFi Service on a value-added basis, we may without being obliged to do so, allow you to gain access to selected WiFi Services by subscribing to such WiFi Services or by purchasing same on a Pre-paid basis.
2.2 Where you have been allocated a limited Data Cap of data per month on a value-added basis, such Data Cap allocations will expire monthly and will not carry over.
2.3 Any paid for Data Cap or Time Cap bundle, or part thereof, not used during the course of a calendar month or the selected time period, may be subject to carry over rules, which rules may change from time to time. You may view our existing carry over rules for paid for WiFi Services on our Website.
2.4 The Top Up may only be available for selected WiFi Services. Where it is made available to you, we do not guarantee the efficiency of the Top Up functionalities or our WiFi Services. Where applicable, you ultimately remain responsible to monitor your usage and will be liable for payment of all data or time (other than free data or free time) used.
2.5 MWEB Hotspot locations can be viewed on our Website but are subject to change without notification to you. Depending on your WiFi Service you will only have access to the MWEB Hotspots relevant to your selected WiFi Service and not all MWEB Hotspots.
2.6 Data Cap or Time Cap denominations and/or increments may be changed in MWEB’s sole discretion and will be indicated on our Website from time to time.
2.7 Your Time Cap period will begin to run as soon as you connect to the Internet and is counted down in a single continuous session meaning the allocation of time cannot be split into smaller increments and cannot be interrupted or paused. (E.g if you purchased a 1 hour WiFi Voucher and it is activated at 9 a.m. it will lapse by 10.a.m. whether you used the Internet or the WiFi Service during that hour or not).
2.8 You must ensure that you meet all pre-requisites in order to use your selected WiFi Service and that the device, software and Equipment that you intend to use in order to receive your selected WiFi Service is compatible with our technical specifications. (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:
2.8.1 That you will require a device that supports WiFi connectivity in order to connect and access the WiFi Service.
2.8.2 That you need to have a valid, active South African cellphone number including 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 MWEB WiFi Service.
2.9 Unless otherwise indicated in the WiFi Service subscribed to, you will only be able to connect to one device. Please refer to our Website for all product rules relating to all our WiFi Services.
2.10 MWEB shall not and cannot be held responsible for security of your information which includes, without limitation, data you transmit on the network used to provide the WiFi Service, nor is MWEB responsible for the accuracy, completeness or timeliness of any information obtained through the WiFi Service from the Internet.
2.11 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 MWEB strongly recommends that you take measures to secure your Equipment, software and Internet communications, whether through the use of virtual private networks, personal firewalls, encryption or otherwise. MWEB does not offer advice on or provide these solutions on your behalf and therefore cannot guarantee or be held responsible for their effectiveness. This applies for any use of wireless technology via any service provider.
2.12 If you use our WiFi Services as part of the Fon Community your use of the MWEB Fon Service is subject to Fon's standard User License of the Fon software, Fon Terms and Conditions of Use of the Services, and Fon Privacy and Data Protection Policy which you must read as forming part of these WiFi Service Terms and which is available at http://corp.Fon.com/legal/terms-of-use (or such URL as Fon may provide). Not all the functionalities and services in the said Fon Terms will be available to you and nothing in the said Fon Terms modifies our MWEB Fon Service or these WiFi Service Terms.
3. BILLING, PAYMENT AND WIFI VOUCHER PURCHASES
3.1 All payments to be made in South African Rands.
3.2 In respect of selected WiFi Services (e.g. provided on a value-added basis promotions offered from time to time), the type of WiFi Service you may have access to or be subscribed to may be based on or linked to your subscription to another MWEB service. Termination or suspension of the applicable service will result in your suspension or termination of the value-added or linked WiFi Service as well.
3.3 In the case of any Pre-paid WiFi Service:
3.3.1 payment may be processed by our preferred third party payment facilitator vendor or third party retail vendors as indicated on our Website from time to time. You may go to our preferred payment facilitator vendor’s website to view their security policy, and the terms and conditions of usage of their payment system shall apply to all online payments.
3.3.2 We are not liable for any damages suffered by you arising howsoever from your Pre-paid payment made to our third party vendors. Credit card details are not kept by MWEB under any circumstances in respect of any such Pre-paid payments made.
3.3.3 The risk in the WiFi activation code remains with you.
3.4 No refund will be given for (a) any unused data on your Data Cap or not used by you in the allocated time period for use; or (b) any time not used in the continuous time period allocated on a Time Cap basis.
4. DISCLAIMER, TERMINATION AND INDEMNITY
4.1 The quality and availability of the WiFi Services may sometimes be affected by factors outside our control, including but not limited to, (a) access restrictions to Customers imposed by venue operators, or (b) 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 (c) the features or functionality of your particular Equipment, or (d) the number of people trying to use the Network at the same time. As such the Service is provided "as is" and we shall not be liable for any loss suffered by you due to inconsistency, unavailability or delay in the WiFi Service.
4.2 We or the Network Operator or third party vendor use reasonable efforts to show the extent of Network Coverage and MWEB Hotspot location maps, however the location and coverage maps are not a guarantee of the availability at the locations or quality of service or Network Coverage as it may at times vary from place to place.
4.3 MWEB and its third party vendors, including Fon partners, reserve the right to cancel or suspend the MWEB 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: (a) you are using any Equipment which is defective or illegal; or (b) your use of the WiFi Service is causing technical or other problems to any Networks; or (c) suspected repetitive and fraudulent, illegal or unauthorised use; or (d) authentication of you as a Customer not being possible; or (e) where the MWEB product making you eligible for the WiFi Service is downgraded, terminated, disconnected or suspended; or (f) you contravene our Acceptable Use Policy (“AUP”) forming part of our General Terms and Conditions, in any way whatsoever.
4.4 Subject to limitations allowed in law, MWEB 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 out of your use of the WiFi Service, including without limit: (a) any unavailability, delay, interference with or interruption of the WiFi Services at any MWEB Hotspot; or (b) termination of the WiFi Services at any or all MWEB Hotspots; or (c) failure to authenticate you as a Customer at an applicable MWEB Hotspot; or (d) your Pre-paid payment whether online or at a retail vendor; or (e) loss or unauthorised use of your WiFi activation code or WiFi Services. You indemnify MWEB 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 (a) to (e) above.
5.1 Subject to applicable law, you consent that information that you provide to us or any third party reselling our WiFi Services, may be used by us (and may be provided to third party vendors where they are used to provide the WiFi Services but only to the extent strictly necessary) for the purposes of: (a) providing the services which you require; (b) checking credit and verifying payments including Pre-paid payments; (c) informing you of product developments and operational messages; (d) investigating suspected fraudulent activities, security, legal purposes and investigating complaints. Third party vendors may be responsible for authenticating and managing your access to the MWEB Hotspots and to do so you consent that we may provide them with information strictly required for this purpose, such as your username, device (MAC) address and approximate location.