TERMS AND CONDITIONS
OF USE
1. Website Operator
1.1 This website and
the Service (defined below) are operated by Square Mile International
Limited, a company registered in England registered under number
4580183 and whose registered address is 4 West End Close, Launton,
Oxon OX26 5EB ("Square Mile", "Us" or "We").
2. Terms
2.1 The following terms
and conditions together with the Acceptable Use Policy and the privacy
policy (below) ("Terms") govern Your use of the website and the
wireless local access network services (together "the Service").
2.2 Your use of the Service
indicates your acceptance of these Terms. If you do not agree to
Our Terms, do not use the Service.
2.3 We reserve the right,
at our discretion, to modify, change, add to or remove any of the
Terms at any time. Your continued use of the Service following the
updating of the Terms shall mean you accept those changes.
3. Licence
3.1 Square Mile grants
you a non-exclusive licence to use the Service upon the Terms.
3.2 Square Mile may terminate
this licence at any time if you are in breach of any of the Terms.
4. Materials in this
website
4.1 This website contains
material which is owned by or licensed to Square Mile. This material
includes, but is not limited to, the design, layout, look, appearance
and graphics. It is protected by intellectual property laws including,
but not limited to, copyright.
4.2 All trademarks reproduced
in this website, which are not the property of, or licensed to Square
Mile, are acknowledged on the website.
4.3 You may view, use,
download and store the material on this website for personal and
research use only. Commercial use is not permitted. The re-distribution,
re-publication, or otherwise making available of the material on
this website to third parties is prohibited.
4.4 Unauthorised use
of this website may give rise to a claim for damages and/or be a
criminal offence.
5. Accuracy of Information
5.1 The information in
this website is given in good faith and for general information
and interest only. It is subject to change without notice. Square
Mile is not responsible for any inaccuracies and makes no representation
and gives no warranty as to its accuracy.
5.2 The information in
this website should not be relied on and does not constitute any
form of advice or recommendation. By using this website you confirm
that you have not relied on any such information. Any arrangements
made between you and any third party named or referred to on the
website are entirely at your sole risk and responsibility.
6. Linking
6.1 This website may
contain links to other websites. Square Mile accepts no responsibility
or liability for the content of other websites that are not under
the strict control of Square Mile. Any link is not intended to be,
nor should be construed as, an endorsement of any kind by Square
Mile of that other website.
6.2 You may not create
a link to this website from another website or document.
7. The Service
7.1 The Service
7.1.1 The Service is
a wireless data service using radio frequency to access a site location.
Fixed line connections from this website connect You to Square Mile
network and subsequently to the Internet, or if applicable to Your
airtime service provider.
7.1.2 When You are located
within the radio frequency coverage area of a location, You may
connect to the Service using Your computer equipment. The Service
is dependent on the suitability of Your computer equipment.
7.1.3 Square Mile offers
the Service for activities such as the active use of e-mail, instant
messaging, browsing the World Wide Web and accessing corporate intranets.
7.1.4 Customer Service
is available in the United Kingdom at admin@squaremileinternational.com
by phone at 0906 7800440, and through services described on our
Website: www.squaremileinternational.com
7.2 Square Mile's Obligations
and Rights:
7.2.1 Square Mile is
committed to providing uninterrupted access to our Service. Square
Mile always will try to accomplish routine maintenance outside of
regular business hours, and will, whenever possible, provide advance
notice of maintenance or other suspension of the Service on our
Website: www.squaremileinternational.com. We must, however, reserve
the right to modify or temporarily suspend the Service or any part
of it without notice to You for emergency technical repair.
7.2.2 Any security that
You have in Your dealings on the Internet or Your corporate intranet
is maintained by You when You use the Service. Square Mile provides
no more or less security than You already have, because we provide
access and do not interfere with content. For that reason, we cannot
be, and are not responsible for the security of the information
which, includes without limitation, data You transmit on the Service.
Nor may Square Mile be responsible for the accuracy, completeness
or timeliness of any information obtained through the Service from
the Internet.
7.3 User's Obligations
and Rights
7.3.1 You are responsible
at Your own expense for having suitable computing equipment such
as laptop or pocket personal computers with wireless LAN (IEEE 802.11b)
and associated software and configurations for use with the Service.
7.3.2 The password and
username are issued to You personally and You are responsible at
all times for its safe keeping and
7.3.2.1 maintaining the
confidentiality of the username and password, and
7.3.2.2 all activities
that occur under Your username and password.
7.3.3 You will be liable
for all losses, damages, costs and expenses, direct or indirect,
however incurred, suffered by Square Mile due to the loss, misuse
and/or disclosure of Your username and password whether such use
was with or without your consent.
7.3.4 If it comes to
the attention of Square Mile you have given others access to your
username or password, Square Mile reserves the right to terminate
your right to receive the Service immediately.
7.4 You must not use
the Service:
7.4.1 to make high volume
data transfers, especially sustained high volume data transfers;
7.4.2 to host a web server
or any other server;
7.4.3 to access someone
else's account;
7.4.4 to send unsolicited
bulk e-mail;
7.4.5 to collect other
people's personal data without their knowledge;
7.4.6 to interfere with
other network users;
7.4.7 for any illegal
purpose.
7.5 Square Mile reserves
the right to suspend the Service if:
7.5.1 Square Mile reasonably
believes that Your use of the Service is unreasonably excessive
(i.e., in excess of one gigabyte per month/average network throughput
cannot be in excess of 40 megabytes per hour ); or
7.5.2 Square Mile reasonably
believes that You are using the Service for criminal or illegal
activities.
7.6 Square Mile reserves
the right to suspend the Service if You are in breach of these Terms.
7.7 You do not have the
right to resell this Service to a third party.
8. Liability
Consumer
8.1 Square Mile does
not guarantee that use of this Service will be compatible with all
hardware and software which may be used by You.
8.2 You understand and
agree that prior to your use of the Services, it is your responsibility
to make sure that your computer system has been completely backed
up. Square Mile is not responsible for loss of computer programme
data or information.
8.3 IN THE EVENT THAT
YOU USE THE SERVICES IN THE COURSE OF YOURS OR ANOTHER PERSON'S
BUSINESS PURPOSES AND EXCEPT AS SET OUT IN CLAUSE 8.3:
8.3.1 SQUARE MILE WILL
BE UNDER NO LIABILITY TO YOU WHATSOEVER WHETHER IN CONTRACT, TORT,
(INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION OR
OTHERWISE FOR ANY INJURY, DEATH, DAMAGE OR, INDIRECT OR CONSEQUENTIAL
LOSS (ALL THREE OF WHICH TERMS INCLUDE, WITHOUT LIMITATION, PURE
ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL
AND LIKE LOSS) HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE SERVICE OR RELYING ON ANY INFORMATION OR OTHER
MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION,
AS A RESULT OF ANY COMPUTER VIRUS; AND
8.3.2 IF SQUARE MILE
IS FOUND TO BE LIABLE TO YOU, SQUARE MILE'S LIABILITY SHALL BE LIMITED
TO DIRECT LOSS AND IN THE AMOUNT YOU PAID FOR THE SERVICES GIVING
RISE TO THE CLAIM.
8.4 The Terms do not
exclude Square Mile's liability (if any) to you for personal injury
or death resulting from Square Mile's negligence, for fraud or for
any matter which it would be illegal for Square Mile to exclude
or to attempt to exclude its liability.
8.5 Square Mile shall
not be liable to You if You cannot use the Service because:
8.5.1 there is a general
power outage at the location You are accessing;
8.5.2 the location is
undergoing maintenance as previously scheduled and noticed on our
website; or
8.5.3 the Service has
been suspended or interrupted because of a reason outside of Square
Mile's reasonable control.
8.6 If, however, the
Service is not available for reasons other than those listed in
8.4 above at any time or for any period of time due to any failure
of Square Mile, please contact Customer Service.
8.7 Square Mile does
not give or assume any warranty, condition, undertaking or term,
whether statutory, express or implied as to condition, satisfactory
quality, performance, durability, fitness for purpose or otherwise
of the Service and all such terms and warranties are hereby excluded
to the fullest extent permitted by law
8.8 You shall indemnify
Us, keep Us indemnified and hold Us harmless from and against any
loss, damage, claims, liabilities, costs and proceedings that We
may incur or suffer arising out of or in connection with your use
of the Service.
9. Privacy
9.1 Square Mile's privacy
policy can be seen below. This privacy policy forms part of these
Terms.
10. Square Mile
Subscription Agreements
10.1a For the period
April 1 2006 to 31 March 2007 all subscription agreements will be
deemed to run for 12 months
10.1b Pay-as-You-Go -
this package allows for no monthly payment or commitment and billing
at a rate of £0.20 incl. VAT.
10.2 £5.00 per
month - this package allows for 100 minutes of use at any Square
Mile location. After the 100 minutes have been used, each
minute thereafter will be charged at £0.20 per minutes
10.3 £10.00 per
month - this package allows for unlimited use at any Square Mile
location. This will also allow access to 10,000+ hotspots not
operated by Square Mile at a rate of £0.15 per minute.
10.8 All prices include
VAT at the current rate of 17.5%.
10.9 All packages are
12 month agreements.
11. Early
termination on Subscriptions
11.1 Subscriptions
terminated before the 12 months expire are at the discretion of
Square Mile. Early termination is charged at £100 +
vat per user account to cover cancellation administrative costs
and subsidised startup costs. Users may cancel ther subscrption
in wiriting with 30 days notice.
This does not affect your
statutory rights.
12. Complete Agreement
These Terms (including
the privacy policy referred to in clause 9) contain all the terms
which You and Square Mile have agreed in relation to the use of
the Service.
13. Jurisdiction and
acceptance of these terms and conditions
13.1 This website is
controlled and operated by Square Mile from its offices in England.
The formation, existence, construction, performance, validity in
all aspects whatsoever of these Terms or any dispute in relation
to the materials contained in this website shall be governed by
English law. The English and Welsh courts shall have exclusive jurisdiction
to settle any disputes that may arise out of or in connection with
these Terms.
Usage Policy
When using the Service
you agree to the following policy.
This policy is intended
to improve the use of the Service by preventing unacceptable uses.
We do not actively monitor your use of the Service. Similarly we
do not exercise editorial control or review over the content of
any Web site, electronic mail transmission, newsgroup or other material
created or accessible over or through the Service provided. However,
we may remove, block, filter or restrict by any other means any
materials that, in our sole discretion, may be illegal, may subject
Square Mile to liability or may breach this policy.
Square Mile may co-operate
with legal authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrong. Breach of this
policy may result in the suspension or termination of either access
to the Service or other actions as detailed below.
The following, without
limitation, constitutes examples of breaches of this policy.
Your use of the Service
to:
1. 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;
2. harm, or attempt to
harm, minors in any way;
3. 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);
4. transmit any material
(by uploading, posting, email or otherwise) that infringes any intellectual
property right or other proprietary rights of any party;
5. 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;
If you are aware that
a person is in breach of this policy, we should be grateful if you
would email Square Mile at admin@squaremileinternational.com with
the date, time and venue of such breach (and any other information
that you think would be useful).
Square Mile may take
any one or more of the following actions, or other actions not listed,
at Square Mile's sole discretion in response to complaints: (1)
issue warnings: written or verbal; (2) suspend your account; (3)
terminate your account; (4) bill you or user for administrative
costs and/or reactivation charges, with a minimum administrative
cost; or (5) commence legal proceedings against you.
Privacy Policy
Please read our Privacy
Policy carefully before using this website ("our website") and the
Service. In these conditions "we", "us" and "our" means Square Mile
and "you" means the individual using our website.
This Privacy Policy sets
out how we comply with European Union data protection requirements.
This applies to the entire website.
We are committed to respecting
your privacy. Once you choose to provide us with any information
by which you can be identified, then you can be assured that it
will only be used in accordance with this Privacy Policy.
For your protection,
we are registered under the Data Protection Act 1998 and have given
all appropriate notifications to the Information Commissioner.
How do we collect information
about you?
We may collect personal
information from you when you register to use the services provided
on our website.
What information do we
collect?
We may collect the following
information:-
Your name; email address;
organisation name; phone number; technical details on your computer
or access device; time and date of access; location of access; views
and comments about the Service.
What do we do with the
information we gather?
We require this information
to understand your needs and provide you with a better service,
and in particular for the following reasons:
Internal record keeping.
We may use the information
to improve our products and services.
We may use the information
to manage the security of our services.
Our representatives
may follow up, by e-mail, or mail, to people as part of our customer
care procedures.
We may periodically
send promotional e-mail about new products, special offers or
other information which we think you may find interesting using
the e-mail address which you have provided.
From time to time,
we may also use your information to contact you for market research
purposes. We may contact you by e-mail, or mail, unless you have
registered with the appropriate Preference Service.
If you don't want us
to tell you about certain products and services or wish to cease
receiving e-mail updates, then please email us at admin@squaremileinternational.com
What if you think we
have incorrect information or you would like a copy of the information
we hold about you?
We will provide a summary
of any personal information held about you upon request. A small
fee will be payable. This fee will not exceed £10. This information
will only be sent to the e-mail address on file for the username
name associated with it. To obtain an information summary please
e-mail us at admin@squaremileinternational.com
If you believe that any
information we are holding on you is incorrect or incomplete, please
e-mail us as soon as possible at admin@squaremileinternational.com.
We will correct any information which is found to be incorrect promptly.
Who We Share The Information
With And Your Choices
When you use this website
and the Service and have not advised us to the contrary, you are
agreeing that we may use your personal information for the purposes
set out in this statement.
This process may include
sending personal information outside of the European Economic Area
and, if necessary, across international borders. The data protection
laws in these countries may not be as extensive as in the European
Economic Area. However, we have taken appropriate steps to ensure
the same level of protection for the processing carried out in these
countries as within the European Economic Area.
When you provide any
information on line, you should look for the address which you can
email to say that you do not want the information to be used by
anyone for direct marketing purposes. If you have not previously
objected to us using your personal information for direct marketing
purposes, you may change your mind at any time by writing to or
e-mailing us at:
Data Protection Compliance
Officer
Square Mile International Ltd
Regency House
Mere Park
Dedmere Road
Marlow Bucks
SL7 1FJ
admin@squaremileinternational.com
Other Websites
Our website may contain
links to enable you to visit other web sites of interest easily.
We do not have any control over that other web site. Therefore,
we cannot be responsible for the protection and privacy of any information
which you provide whilst visiting such websites and such websites
are not governed by this Privacy Policy. You should exercise caution
and look at the privacy statement or policy applicable to the web
site in question.
How We Use Cookies
A cookie is a piece of
text which asks permission to be placed on your computer's hard
drive. Once you agree, your browser adds that text in a small file.
A cookie helps analyse web traffic or lets you know when you visit
a particular site. Cookies allow web applications to respond to
you as an individual. The web application can tailor its operations
to your needs, likes and dislikes by gathering and remembering information
about your preferences. For example, when you visit an electronic
store, a cookie makes it easier to shop, by allowing you to place
things into a shopping basket; the basket itself is not the cookie,
the cookie is placed on your hard drive and keeps track of your
basket versus others in use at the same time.
We may use traffic log
cookies to identify which pages are being used and to record your
preferences in using the Service. This helps us analyse data about
web page traffic and improve our web site in order to tailor it
to customer needs. We only use this information for statistical
analysis purposes and then the data is removed from the system.
Denial of a traffic log cookie should not prevent you from using
one of these sites.
Overall, cookies help us provide you with
a better web site, by enabling us to monitor which pages you find
useful and which you do not. A cookie in no way gives us access
to your computer or any information about you, other than the data
you choose to share with us. This practice is strictly in force.
We know that people have concerns about cookies, but we believe
that the benefit we both gain from their proper use is worthwhile.
You may set your web browser (Microsoft internet explorer or Netscape
navigator) to notify you of cookie placement requests or decline
cookies completely. You can delete the files that contain cookies
- those files are stored as part of your internet browser.
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