Please read the following information carefully before using this service. You may not use the service without accepting these Terms and Conditions.
Welcome to the wireless high-speed Internet access system (the “Wi-Fi Network”) at the shopping center “The Mall of Cyprus” (“The Mall”). These Terms and Conditions (the “Agreement”), govern your rights and responsibilities relating to the use of the Wi-Fi Network at The Mall, provided to you by The Mall of Cyprus (MC) Plc (the “Provider”).
1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
When attempting to access and use the Wi-Fi Network you will be directed to a captive portal (the “Mall Portal”) which prompts you to sign up for the Wi-Fi Network without the need to provide any of your personal details.
By clicking on the option “I accept these terms” on the “Internet Access Signup” page of the Mall Portal, you represent that:
- You have read, understand and agree to the terms and conditions of this Agreement, and
- You are at least 14 years of age.
By clicking on the option “I accept these terms” on the “Internet Access Signup” page you will be deemed to have read, understood, accepted and agreed to fully comply with these terms and conditions and it has the same effect as if you had signed the Agreement. The effective date of this Agreement is the date that you click on the option “I accept these terms”.
2. WI-FI NETWORK AVAILABILITY
The Provider will provide access to the Wi-Fi Network at locations that have been equipped with wireless access points. Access points may not be available in all areas of The Mall, and may not always be operational.
The Provider may provide technical support to assist you to connect to the Wi-Fi Network without, however, any obligation to do so. If the equipment used by you in order to access the internet through the Wi-Fi Network cannot be used for any reason and as a result there is any problem connecting to the internet through the Wi-Fi Network, the Provider is not obliged to take any actions in order to fix it.
The Wi-Fi Network at The Mall is provided “free of charge” as a value added service to the clients, visitors, and business partners of the Provider.
3. INTERNET ACCESS
The Provider does not screen or restrict access to any content placed on or accessible through the Internet. The Provider also does not screen or restrict communications between parties via the Internet. You acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that the Provider is not liable for any action or inaction with respect to any such content on the Internet, accessible through the Wi-Fi Network.
4. YOUR RESPONSIBILITIES
- have at your disposal all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the Wi-Fi Network, and
- comply with local and international laws and regulations, including but not limited to copyright and intellectual property rights laws.
You agree to be solely responsible for and to bear all risk and consequences for:
- the accuracy, completeness, reliability and/or usefulness of any content available through the Wi-Fi Network,
- all communications that you send or receive via the Wi-Fi Network, and
- the security of the equipment you use to connect to the Wi-Fi Network and for any breach, hacking or unauthorized use of such equipment or disclosure of confidential information.
The Provider does not undertake nor in any way guarantee the security of any data you send or receive through the Wi-Fi Network and it is your responsibility to secure such data. We recommend that you do not use the Wi-Fi Network to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
5. USE OF THE INTERNET
The Wi-Fi Network is provided by the Provider only for your own use. By using the Wi-Fi Network to access the internet you acknowledge and accept that you are solely responsible for such use. Any use of the internet by you in a way that adversely affects the manner in which we carry out our business and/ or the smooth use of the Wi-Fi Network by other users may result in the suspension or termination of your access to the Wi-Fi Network, without prejudice to any other legal rights for damages which may result from such use.
The Provider may monitor the use of the Wi-Fi Network but we do not exercise editorial control or review the content of any web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi Network. However, the Provider may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject the Provider to liability. The Provider may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
6. MISUSE OF THE WI-FI NETWORK
You agree not to use the Wi-Fi Network to:
- Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- Harm, or attempt to harm, minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi-Fi System;
- Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- Transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Wi-Fi Network or servers or networks connected to the Wi-Fi Network, or disobey any requirements, procedures, policies or regulations of networks connected to the Wi-Fi Network;
- Intentionally or unintentionally violate any applicable local, national or international law, or any regulations having the force of law;
- “Stalk” or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
- Resell the Wi-Fi System without the Provider’s authorization;
- Use the Wi-Fi System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
You agree that the Provider holds no responsibility and in no case may be considered accountable for any security breaches occurring on your electronic device (personal computer or other electronic device used to browse, access or use the Wi-Fi System), which may arise as a result (without limitation) from the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device.
7. PERSONAL INFORMATION
During the connection to and the use of the Wi-Fi Network, none of your personal data are collected or stored or otherwise processed by the Provider.
Βy clicking on the option “I accept these terms” you accept the terms and conditions as detailed above. You further agree that in the event of termination or interruption of the connection for any reason, the Provider will have no liability to you.
We inform you that the Provider may terminate this Agreement and cancel your access to the Wi-Fi Network at any time, without notice and for any reason, including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, misuse and/or using the Wi-Fi Network to perform any illegal activity.
10. PROBLEMS OR COMPLAINTS
If you experience a problem accessing or using the Wi-Fi Network, please report the problem to the Mall of Cyprus information desk.
The Provider may, at its sole discretion, amend or modify the terms and conditions of this Agreement at any time, always complying with the institutional framework in force at the time of the modification. Such amendments shall be binding and effective upon posting on the ‘Internet Access Signup’ page. You are advised to periodically review the ‘Internet Access Signup’ page to maintain awareness of any amendments. By continuing to use the Wi-Fi Network after such postings, you accept and agree to any and all such amendments.
12. THIRD PARTY PRODUCTS AND SERVICES
The Provider may facilitate access to products offered or services rendered by third parties and provide links to the sites of third parties by means of or through the Mall Portal. These third party service providers and their sites have separate and independent terms and conditions and privacy policies applicable to their products, services and respective sites. The Provider shall bear no responsibility or liability for the products offered or services rendered by such third parties or the content and services provided through or by means of their respective websites.
The Provider makes no warranties or representations whatsoever regarding the products offered or services rendered by any third party or the content or activities of such third party websites, which may be accessed or used through or by means of the Mall Portal or the Wi-Fi Network.
You acknowledge that the Provider merely facilitates your access to such third party’s products, services and/or website and does not itself offer the products or render the services of such third party to you.
You acknowledge that neither the Provider, its directors, prescribed officers, agents, assigns or Affiliates shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of or the website of a third party, as well as any functionality of said website and the products offered or services rendered through or by means of said website, or of any linked website, even if Provider is expressly advised thereof.
You shall defend, indemnify and hold the Provider and its corporate affiliates and their respective officers, directors, shareholders, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Wi-Fi Network or any breach of this Agreement.
14. NO WARRANTY
The Wi-Fi Network is provided on an “as is” basis and is subject to availability without any warranties. The Provider does not warrant that the services will be uninterrupted, error-free or free of viruses or other harmful components. You expressly acknowledge that there are, and assume all responsibility related to, the security, privacy and confidentiality risks inherent in wireless communications and technology and The Provider does not make any assurances or warranties relating to such risks. No advice or information given by the Provider or its representatives shall create a warranty.
15. LIMITATION OF LIABILITY
The Provider, its shareholders, directors, employees, agents, vendors and licensors are not liable for any costs or damages arising, either directly or indirectly from your use of the Wi-Fi Network or the internet specifically including any direct, indirect, incidental, exemplary, multiple, special, punitive or consequential damages.
16. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed and interpreted in accordance with the laws of the Republic of Cyprus.
Any dispute arising pursuant to the terms and conditions of this Agreement shall be subject to the jurisdiction of the competent courts of the Republic of Cyprus.