Wifinity is a supplier for Parkdean Resorts UK Limited (Parkdean Resorts) and is the Internet Service Provider (ISP) in relation to Parkdean Resorts’ Park Connect Service.
Please read the following Terms and Conditions carefully before using the internet connectivity services (the ‘Services’) provided by Wifinity Limited (‘Wifinity’ or ‘us’) as it is legally binding on any user of the Services (‘you’).
By using the Services you agree to be bound by these Terms and Conditions. If you have any questions, please feel free to contact us by telephone on UK + 44 208 090 1290 or by email at email@example.com
You will also have to agree to separate terms and conditions with Parkdean Resorts before the Park Connect service is made available to you.
Terms and Conditions
These Terms and Conditions apply to the supply of Services by Wifinity to you. You agree to abide by these Terms and Conditions and any variation posted on the Wifinity website from time to time at https://wifinity.co.uk/wifinity-terms/.
By registering with us you represent that you:
- are at least 18 years old (or have the consent of an adult to register);
- the Services are for your personal use only and that you will comply at all times with these Terms and Conditions; and
- will provide and maintain true, accurate, current, and complete information about yourself when registering with us and update such information as necessary to keep it current.
These Terms and Conditions refer to the following additional terms, which also apply to your use of our Services:
- Our Acceptable Use Policy contained within this document, which sets out the permitted uses and prohibited uses of our Services. When using our Services, you must comply with this Acceptable Use Policy.
- Our Fair Use Policy contained within this document, which sets out the conditions for use of upload and download data volumes shared with other customers.
Wifinity undertakes to provide the Services to you during any periods agreed with Parkdean Resorts. Wifinity accepts no liability for the non-availability of individual Internet websites or other services provided by third parties.
Our Services are provided solely for private and domestic use by you (and if applicable, members of your family or other people using your holiday home). Our Services must not be used for commercial or business purposes or for any unlawful purposes.
For further guidance on how our Services may be used please refer to our Acceptable Usage Policy within this document.
You will be given access to our Service Desk via telephone on + 44 208 090 1290 and via email on firstname.lastname@example.org that provides assistance with registration and access problems that may arise as a result of network issues relating to the Services. Any calls to the Service Desk may be recorded or monitored for training and other purposes.
The Service Desk Support does not include support of hardware or software installed on your own devices. Issues of such a nature will not be logged with the Service Desk and you are responsible for obtaining such support at your own cost.
Access to the Services
Upon registration, you will select a username and password which will provide access to the Services. Usernames and passwords are Wifinity’s property and may be changed by Wifinity at any time without notice. You will be informed of any changes as appropriate.
In order to receive Services, you will:
- Undertake not to resell or share Services with others.
- Ensure that any devices which you use to connect to our Services is in good working order and conforms at all times with all applicable regulations and laws.
- Agree to provide us with information about your devices that we reasonably request.
- Agree to take all reasonable care to prevent the loss, theft and damage of the equipment installed to deliver the Services, to keep the equipment at all times under your control and possession and not to remove the equipment from your home without Parkdean Resorts’ consent.
- Agree to tell us immediately about any loss or damage to any part of the equipment or fault with the Services. Parkdean Resorts reserves the right to charge you for any loss or damage to the equipment.
- Agree that we and our employees, agents or contractors may enter your holiday home (where applicable) so that we can: carry out any work that is necessary for us to connect, maintain, alter, replace or remove any equipment necessary for us to supply the services
- Agree not to do anything, or allow anything to be done, at your home / room that may cause damage to or interfere with the equipment or prevent use or easy access to it.
As part of the registration process you will select a username and password for access to the Services and to the portal. You agree to hold these details securely and not to share them with any other person. Wifinity accepts no liability for any loss occurring resulting from the sharing of login details.
Quality of Service
Wifinity will provide you with the quality of service generally provided by a competent telecommunications service provider exercising reasonable care and skill. Wifinity will endeavour to make the service available at all times and fault free, but this cannot be guaranteed.
Speed of Connection
The actual throughput speed that you receive using a Wifinity subscription may be lower than the estimated speed given to you and the headline “up to” speeds featured in any advertising. This is because it’s impossible to accurately predict the actual speed before the Service is actually connected.
Your actual speeds will be influenced by a large number of factors including, for example, the proximity to wireless equipment, the construction materials of the building they are in, and wireless interference and network congestion, so we cannot guarantee that your connection will reach any specific speeds.
Unless explicitly specified, speeds described in form of communication from Wifinity will be assigned on a per account basis and not per device.
Fair Use Policy
The Services are provided subject to the following Fair Use Policy:
If the volume of data downloaded or uploaded by you is considered by Wifinity to unfairly affect other customers’ use of the service, you will be deemed to have breached the Fair Usage Policy.
- actively manage the bandwidth available to you; and/or
- terminate your access to the Services.
Acceptable Use Policy
The Services are provided subject to the following Acceptable Use Policy:
You agree not to use the Services to:
- Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, defamatory, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorised 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 Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Resell the Services without Wifinity’s permission given in writing;
- Use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
- Not to provide their username and password to any third party and only use it for their own benefit.
Under normal circumstance, Wifinity does not actively monitor the use of the Services for compliance with this Acceptable Use Policy. Nor does Wifinity exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services.
Wifinity may take any one or more of the following actions or other actions not listed at Wifinity’s sole discretion in response to a violation of the Acceptable Use Policy:
- Remove, block, filter, or restrict by any other means any materials or webpages;
- Issue warnings, written or oral;
- Suspend the your access to the Services;
- Terminate the your access to the Services;
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations;
- Report your activity to the Military, Police or any other relevant authorities.
Services are provided by Wifinity on an “as is” and “as available” basis. Wifinity offers no expressed implied or statutory warranties. You agree that no warranties are given including but not limited to the following:
- That the services will be uninterrupted, error-free, or free of viruses or other harmful components.
- For security, privacy and confidentiality risks inherent in wireless communications and technology.
- For advice given by Wifinity or its representatives or employees.
Limitation of Liability
Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Wifinity’s cumulative liability to you for any and all claims for loss and consequential loss relating to use of the Services and/or licensed programs (if any) will not exceed £250 for all incidents that occur in any 12 month period.
The following types of loss are wholly excluded from Wifinity’s liability:
- Loss of profits
- Loss of sales or business.
- Loss of agreements or contracts.
- Loss of anticipated savings.
- Loss of use or corruption of software, data or information in connection with the use of the service.
- Loss of or damage to goodwill.
- Indirect or consequential loss.
- Negligence by Wifinity or its employees
Events outside of our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our control.
- An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, lines or other equipment.
Wifinity may terminate your access to the Services for any reason if Wifinity in its sole discretion believes you have violated these Terms and Conditions or any of the policies applicable to you. Wifinity may provide notice of such termination to you by email to the address you provided when subscribing to Service. All notices to you will be deemed effective immediately.
These Terms and Conditions constitute the entire agreement between you and Wifinity with respect to your use of the Service. Wifinity may revise, amend, or modify these Terms and Conditions and any other policies at any time and in any manner. Alterations will be posted on the Wifinity website at this location https://wifinity.co.uk/wifinity-terms/.
Intellectual Property Rights
You are not permitted to copy or record any of the Services, or any television or radio programmes contained in the Services, except for your own private, domestic and non-commercial use (and if this kind of copying for personal use becomes unlawful in the future, you agree to stop doing it).
Ownership of all intellectual property rights in the equipment and any and all software or hardware systems required to use and operate, or which form part of, any of the Services are the exclusive property of us, Parkdean Resorts or our respective licensors.
Your right to use the equipment and any such software and hardware systems are subject always to these Terms and Conditions and you agree not to use the equipment and any such software and hardware systems for any purpose other than using and accessing the Services. You have no right whatsoever to copy, adapt, reverse engineer, decompile, disassemble, modify or adapt the equipment or any such software and hardware systems in whole or in part.
Governing Law and Jurisdiction
The agreement is personal to you. You may not transfer your rights or obligations under the agreement to anyone else, and no third party is entitled to benefit under the agreement except where we transfer our rights or obligations.
Each paragraph of these terms and conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.