Terms and Conditions for using YOAFRICA Wi-Fi Service (“Service”)
The Service is provided by Yoafrica (Pvt) Limited (“YOAFRICA”). Your use of the Service shall constitute your agreement to be bound by these Terms and Conditions.
1) Eligibility and Availability
To use the Service, you must
(a) use equipment or device which is Wi-Fi and IEEE compliant, and capable of using the Service;
(b) satisfy the eligibility requirements for the Service specified by YOAFRICA from time to time; and
(c) follow the instructions given by YOAFRICA from time to time.
2) Use of Service
For the use of the Service, you acknowledge and accept that:
a) you shall not, or permit any other person to, send or attempt to send or cause to be sent, any commercial electronic message not in accordance with the applicable law;
b) you shall not resell the Service to any person by whatever means;
c) you shall not hack, break into, access, reverse engineer, use or attempt to hack, break into, access, reverse engineer or use any part of
i) the Service and/or any data areas on YOAFRICA’s servers for which you have not been authorised by YOAFRICA; and
ii) any website of any third party for which you have not been authorised;
d) you shall not, or permit any other person to, send, publish, distribute, transmit or circulate any material or content that is obscene, indecent, seditious, offensive, defamatory, threatening, liable to incite racial hatred, discriminatory, menacing or in breach of confidence or in contravention of the applicable law;
e) in relation to any material, content or information which you upload or post on the Service, you are deemed to have granted to YOAFRICA and its affiliates a royalty-free, non-exclusive, irrevocable, perpetual, transferable and worldwide licence to use, store, transfer, sub-license, distribute, display, publish, change, edit, modify, dispose of, remove, delete, block or restrict the access to or otherwise deal with any material, content or information you send or upload using the Service;
f) without limiting the generality of sub-clause 2(e), you authorise YOAFRICA and its affiliates to edit, modify, change, delete or block the access to any message, content, information or material which is uploaded, posted or otherwise provided by you through the Service where such message, content, information or material is, in the sole opinion of YOAFRICA, in breach of these Terms and Conditions or any applicable law;
g) YOAFRICA may, in its sole discretion and without liability to you or any users, change, deactivate, withdraw, suspend or terminate any and all the Service and/or change these Terms and Conditions, with or without reason and/or notice to you. Without limiting the generality of the preceding sentence of this sub-clause 2(g), YOAFRICA is entitled to terminate the Service and/or these Terms and Conditions if you fail to comply with any provisions of these Terms and Conditions;
h) YOAFRICA shall not be responsible or liable for any acts, omission, default or negligence of you and/or any users (whether authorised or not) arising out of or relating to the use of the Service;
i) you shall not tamper, change or modify or in any other ways seek to or attempt to tamper, change or modify the YOAFRICA network;
j) you shall, and procure any third party using the Service to, fully comply at all times with (i) the applicable law and regulatory requirements applicable to the use of the Service; and (ii) all instructions or guidelines as may be imposed by YOAFRICA from time to time. You further undertake not to use or allow others to use the Service for any purpose which YOAFRICA considers improper, immoral, defamatory, fraudulent or otherwise in contravention of the applicable law;
k) you must not, or permit any person to, use the Service to publish, post, upload, transmit, re-transmit, send, or circulate any software or other materials that: (i) contain any computer viruses, worms, software bombs, Trojan horse or other harmful or malicious computer instructions, devices or techniques that can or were designed to threaten, infect, damage, disable or shut down any telecommunications device or any component of a computer system; (ii) contain any hidden files; (iii) replicate, transmit or activate itself without control of a person operating the computing equipment on which it resides; (iv) alter, damage or erase any data or computer programs without control of a person operating the computing equipment on which it resides; or (v) contain any illicit code;
l) you must not, or permit any person to, copy, encode, digitise, reformat, compress, intercept, interfere, or tamper with or otherwise manipulate the signals of the Service in any way and by any means;
m) YOAFRICA may (although YOAFRICA is not obliged to do so) delete (in whole or in part) (i) any suspected spam messages and/or (ii) virus-infected files, messages, contents or any other materials, with or without notice to you;
n) YOAFRICA may (i) limit (in whole or in part) or suspend (in whole or in part) the transmission, delivery or circulation of any information, content, messages and/or any other materials by you or any users of the Service, with or without notice to you, if and when YOAFRICA detects for the first time that the Service is used for the spamming activities; and (ii) terminate the Service immediately, with or without notice to you, if YOAFRICA detects for the second time that the Service is used for spamming activities;
o) YOAFRICA or its affiliates may provide aggregated, segmental or otherwise, anonymous, statistical information on your usage of the Service (such as but not limited to subscription and usage data), to advertisers upon their request with or without notice to you; and
p) your access to the Internet via the Service is further governed by the applicable terms and conditions of YOAFRICA, which are available for viewing at http://www.yoafrica.com/terms.php
3) Disclaimer of warranties and limitation of liability
a) Except for those materials, data, information, contents, services, products or merchandise expressly identified as being offered or provided by YOAFRICA or its affiliates as principal, YOAFRICA does not exercise control over any materials, data, information, contents, services, products or merchandise accessible via the Service and YOAFRICA shall not accept any responsibility or liability whatsoever for such materials, data, information, contents, services, products or merchandise.
b) You expressly acknowledge and accept that (i) there are risks relating to the use of the Service and you shall assume all and any responsibility and liability related to the security, privacy and confidentiality risks arising out of or relating to the Wi-Fi and/or wireless communications and technology; (ii) the Service is provided on an “as is” and/or “as available” basis (as the case may be); and (iii) YOAFRICA does not make any warranty, undertaking, representation or assurance relating to the use of the Service.
c) The Internet accessible via the Service may contain unedited or uncensored materials, some of which are unsuitable to minors or may be offensive to you or any other users of the Service. You assume all and any risk and responsibility associated with the use of the Service and the Internet accessible via the Service and you are solely responsible for evaluating the accuracy, completeness, usefulness, quality and merchantability of all materials, data, information, contents, services, products or merchandise, provided through the Service and/or the Internet accessible via the Service.
d) YOAFRICA does not warrant or represent that the Service will be uninterrupted, error-free, or free of computer viruses, worms, software bombs, hidden files, illicit codes, Trojan horse or any other harmful or malicious computer instructions.
e) YOAFRICA makes no express warranties and to the extent permitted by law, you waive all implied warranties (including, without limitation, the warranties of title, non-infringement, merchantability, and fitness for a particular purpose) regarding any materials, data, information, contents, services, products or merchandise provided through the Service or the Internet accessible via the Service.
f) No advice, data or information provided or statements made by YOAFRICA, its employees, agents, representatives or contractors shall constitute or is deemed to constitute a warranty, undertaking, representation or assurance whatsoever pertaining to the Service. Any statements made and any data or information provided in packaging materials, manuals or other documents of YOAFRICA are provided for your references only and shall not be regarded as warranty, undertaking, representation or assurance relating to the Service made by YOAFRICA, its employees, agents, representatives or contractors.
g) You acknowledge and accept that to such extent permitted by law, YOAFRICA, its affiliates, employees, agents, representatives or contractors shall not be liable for any action, claim, proceeding, demand, loss, damage, liability, charge, cost and expense whatsoever and however arising from the use of the Service and/or the Internet accessible via the Service by you and/or any users (whether authorized by you or not). In particular, you acknowledge and accept that YOAFRICA, its affiliates, employees, agents, representatives and contractors expressly disclaim any and all liability for:
i) any indirect, special, economic, collateral, incidental, consequential or punitive loss or damage, whether in contract, tort, statutory or otherwise, suffered, sustained or incurred by you or any person arising out of or relating to the Service. For the purposes of these Terms and Conditions, indirect or consequential loss or damage includes, without limitation, loss of revenue, profit, anticipated savings or business, loss, corruption or damage to data, voice or other information, loss of goodwill, loss of bargain, loss of opportunities, loss of use or value of any equipment and software, any third party claims, and, all associated and incidental costs and expenses;
ii) any claim, loss or damage relating to any materials, data, information, contents, services, products or merchandise supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available);
iii) any claim, loss or damage relating to any disruption, termination, suspension or degradation of the Service or any part thereof;
iv) any claim, loss or damage which is attributable to a Force Majeure event; and
v) any damage to or loss of software and/or hardware installed in your computer, device or other equipment for the purpose of using the Service.
You agree to indemnify YOAFRICA and its affiliates against any action, claim, proceeding, demand, loss, damage, liability, charge, cost and expense suffered or incurred by YOAFRICA and its affiliates arising out of or relating to (a) the use of the Service (whether authorised or not); and (b) any breach or non-observance of any provision of these Terms and Conditions.
5) Third Party’s Transaction or Communication
a) For the transaction or communication made between you and any third party (“Third Party”) when using the Service, YOAFRICA is not a party to and is not otherwise involved in any manner in:
i) any verification or authentication of any payment details provided by you and/or any other user of the Service or the preferred credit provider or banker (if any) of you or such user;
ii) the provision of any credit to, or any payment collection function to or from, you or any other person;
iii) any arrangement for payment of any bill, or the settlement of any account between (i) you or any other user of the Service and (ii) the Third Party;
iv) any dispute between (i) you or any other user of the Service and (ii) the Third Party; and
v) the collection, use, processing, holding, verification, authentication, storage, modification, removal or transfer of any Personal Data or information provided by you and/or any other users of the Service to such Third Party.
b) You acknowledge and accept that YOAFRICA and/or its affiliates shall have no responsibility or liability whatsoever relating to or arising from the transaction or communication mentioned in clause 5.1.
6) Force Majeure
a) Notwithstanding any other provision of these Terms and Conditions, YOAFRICA shall not be liable for failure to fulfill an obligation under these Terms and Conditions if such a fulfillment is delayed, prevented, restricted or interfered with for any reason as a result of a Force Majeure event provided that YOAFRICA has used its reasonable endeavours to mitigate the effect of the Force Majeure event and to carry out its obligations under these Terms and Conditions in any other way reasonably practicable.
b) For the purposes of these Terms and Conditions, the expression “Force Majeure” means anything outside the reasonable control of YOAFRICA including, without limitation, industrial disputes of any kind, war declared or undeclared, blockade, disturbance, a natural disaster such as lightning, earthquake, storm, flood, explosion or meteor, law or any power lawfully exercised by a government agency, any change in any applicable law, inability or delay in granting governmental or other approvals, consents, permits, licenses or authorities, or telecommunication network outage or degradation which YOAFRICA cannot reasonably control.
7) General provisions
a) YOAFRICA may appoint agents and YOAFRICA may assign (in whole or in part) its rights, sub-contract (in whole or in part), transfer (in whole or in part) or otherwise dispose of (in whole or in part) its rights, duties and obligations under these Terms and Conditions to any person at any time without your consent.
b) You shall not assign (in whole or in part) any of its rights, transfer (in whole or in part) or otherwise dispose of (in whole or in part) its rights, duties and obligations under these Terms and Conditions to any person.
c) You have not relied on any representations or warranties (if any) made by YOAFRICA, its affiliates, employees, agents and representatives in relation to the Service except as expressly provided in the Agreement.
d) The rights, powers, authorities, discretions and remedies of a party under these Terms and Conditions do not exclude any other right, power, authority, discretion and remedy.
e) Any failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on that party by these Terms and Conditions does not operate as a waiver of that power or right unless expressed in writing to be a waiver.
f) Each of the provisions of these Terms and Conditions is severable and distinct from the others, and if one or more of such provisions is or becomes invalid, unenforceable or illegal, the other provisions will continue to be effective and binding.
g) Time shall be of the essence in all respects for you to undertake and perform your duties and obligations under these Terms and Conditions.
h) The termination of these Terms and Conditions and/or the Service shall not affect any accrued rights or liabilities of the parties nor shall it affect the coming into force or the continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
i) These Terms and Conditions are governed by the laws of Zimbabwe. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Zimbabwe.