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General

These terms and conditions of use relate to the FIVO™ Wi-Fi Hotzone service and FIVO™website  (“the Service”) provided by SmartPay New Zealand Limited (“SmartPay”).  These terms and conditions apply to your use of the Service and by using the Service you confirm your acceptance of these terms and conditions.

Our Service

FIVO™ Wi-Fi Hotzone Access

The Service is only available to customers who purchase access via credit card online or access card (voucher) from participating sites.  The Service is not available in all areas. You must be within a service location to be able to access the Service, and access may be subject to capacity restrictions.

To use the Service, you will need a Wi-Fi (802.11b or g) enabled laptop, PDA, handheld, or other suitable wireless-enabled device. Your existing device may already have this capability built-in.  If not, you may be able to purchase and install suitable access hardware and software from an electronics retailer or direct from the manufacturer.  Please contact your local electronics retailer or IT manager for more information.

When your device is wireless-enabled, you will need to set your SSID (‘associate’ your wireless connection) to ‘FIVO Wi-Fi'’.  Refer to your wireless access card user guide documentation for specific instructions on how to do this.

You will need a standard Internet-ready browser on any operating system.  No additional software is required.

With a properly installed wireless network card, access is gained by launching your browser from within a FIVO™ Wi-Fi Hotzone service location.  You will receive a log-in page to enter your account username and password or access card number from your FIVO™ access card.  Once your access is verified, you are able to connect to the Internet.  With full connectivity to the Internet, you can access any Internet resources, as well as any private or corporate networks to which you have access from the Internet.

Security

FIVO™ Wi-Fi Hotzones operate by transmitting a radio signal to a user’s Wi-Fi 802.11b or g wireless network card.  Data is exchanged between your wireless network card and a FIVO™ Wi-Fi Hotzone over radio frequencies in public spectrum.  Because of this, it is susceptible to interference by external factors outside of our control.  Interference may result from other public wireless access points, weather effects and other devices operating in a similar radio frequency range (such as microwave ovens).

As with any wireless communication, the FIVO™ Wi-Fi Hotzone service is not inherently secure.  Furthermore, wireless communications can be intercepted by equipment and software designed for that purpose.  We cannot guarantee protection against any risks of data interception and misuse, or against viruses, Trojans, worms and any other harmful matter or things.  Because of this, we strongly recommend that you take measures to ensure the security of your wireless connections and protect your device through methods such as encryption, firewalls and anti-virus software, the use of Virtual Private Network (VPN) software when connecting to private or corporate networks, and websites that provide SSL encryption for your data.  You should talk to your IT manager or service provider for more information.

Device Support

We do not accept any responsibility for your device, software, or for any other hardware or equipment (such as wireless network cards and security tools) which you use to access the Service, nor do we guarantee your device will operate as intended with the Service. If you have any difficulties with hardware or software, you will need to talk to the supplier or manufacturer of the product.  We do not provide support for these products.

FIVO™ Wi-Fi Hotzones are intended to operate on most Internet browsers and operating systems, however we cannot guarantee the service will operate on all.

Charges

FIVO™ Wi-Fi Hotzones provide an Internet access service.  Charges for the Service are based on the amount of time spent using the Service and the amount of data transferred through your FIVO™ Wi-Fi Hotzone connection.  FIVO™ access cards are available in several session types. The amount of time and data available during your session is printed on your access card, along with the terms of use for that access card.

Your Use of our Service

You must use the Service in a reasonable and responsible manner and comply with any reasonable restrictions we place on your use of the Service and ensure that anyone else that uses the Service meets our requirements for use of the Service.

While using the Service you must not:

  • Infringe anyone’s legal rights or breach any laws;
  • Post or transmit any message which is defamatory or disclose any personal information which would constitute a breach of any laws relating to personal privacy;
  • Post, transmit or download any message, data, image, program or other material which is indecent, obscene, pornographic, offensive, threatening, embarrassing, distressing, dangerous or otherwise objectionable regardless of whether this material or its dissemination is unlawful;
  • Breach the intellectual property rights (including copyright) of any other person;
  • Access any other person’s computer or computer system or software or data without their knowledge and consent, breach the security of another user or attempt to negate the user authentication or security of any host, network or account;
  • Introduce anything which may damage or contaminate any other person’s computer or computer system or interfere in any other way with any other person’s computer or computer system or the operation thereof;
  • Use or distribute tools designed or used for compromising security;
  • Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Service;
  • View, collect, forward or intercept email or other private communications not intended (by the sender) for you or attempt to do any of these things;
  • Transmit unsolicited bulk or commercial messages or spam;
  • Impersonate any person, entity or computer address, engage in sender address falsification, forge any other person’s digital or manual signature or perform any other similar activity;
  • Interfere in any other way with the computer networking or telecommunications service to any user, host or network;
  • Violate the rules, regulations or policies applicable to any network, server, computer database or website that you access;
  • Use the Service in a manner contrary to existing standards of “netiquette”.

Management of our Service

We may monitor your use of the Service and any material posted, transmitted or downloaded using the Service to ensure that you use the Service in accordance with these terms and conditions.

We reserve the right to implement technical mechanisms which may prevent you from using the Service otherwise than in accordance with these terms and conditions.

We also reserve the right to investigate suspected violations of these terms and conditions including gathering information from the user or users involved and examining material on any relevant service or network.  You must co-operate with any investigation.

If we find material or information that may indicate that you are involved in any unlawful activity we may pass the material or information to the relevant authorities and you will have no claim against us in this regard.

If you fail to use the Service in accordance with these terms and conditions we may terminate or suspend the Service to you without notice.

Exclusions and Limitation of Liability

We provide no guarantees in relation to the Service and any guarantees implied by law are expressly excluded to the extent permissible at law.

We cannot guarantee that the information you access or make available through using the Service will be private or secure or that the information you obtain through the Service will be accurate.

We cannot control the content of the information that you access on the internet.  The internet contains information that is indecent or offensive and you access this material at your own risk.

We are not responsible for ensuring that information or software you access through the Service will be free from viruses or other harmful matters or things and we accept no liability for any damage to computer equipment, communications equipment, software, data or other property or the operation thereof as a result of your use of the Service.

We accept no liability for any loss or damage, whether direct or indirect or consequential arising from the provision of or your use of the Service or for any other reason.

Indemnity

You hereby agree to indemnify, defend and hold us harmless from and against all claims, losses, damages, expenses, costs and expenses resulting from your use of the Service or any breach of these terms and conditions by you.

Waiver

Our failure to enforce these terms and conditions, for whatever reason, shall not constitute a waiver of our rights nor shall the exercise of any right, prejudice, any other rights or remedies we may have under these terms or conditions, at law or otherwise.

 

Copyright © 2006 Smartpay NZ Limited, FIVO™ Hotzone®