Terms & Conditions
Terms of Service and Acceptable Use Policy for the MyPlace Connect Network
These terms and conditions (“Terms”) govern access to wireless internet and other connectivity services made available by MyPlace Media Limited (“MPC”) at various third party locations owned, operated or managed by clients of MPC.
- DEFINITIONS & INTERPRETATION
“Additional Terms” means any other terms and legal notices posted on the Site which supplement these Terms.
“Agreement” means these Terms (as amended from time to time) together with any Additional Terms.
“Client” means a client of MPC on behalf of whom MPC provides the service (e.g. a hotel, restaurant, public house, shopping centre, retail outlet, transport hub or other establishment from where you are connecting) as identified on the landing page of MPC’s Site [and displayed to you when you connect to the Service].
“Customer” means you and any other users to whom we provide the Service.
“Device” means a mobile computing device, including a mobile phone, tablet, laptop computer and/or any and all other similar devices.
“AUP” means MPC’s acceptable usage policy in relation to use of the Services as more particularly set out in paragraph 4.
“Site” means the MPC internet site through which the Services are accessed.
“Service” means the provision of wireless access to the internet via WiFi networks and any ancillary services MPC decides to offer, including any Content provided by MPC (whether on behalf of itself or third parties).
“Start Date” means the date MPC accepts your registration and start providing the Service to you.
“We”, “us” and “MPC” mean MyPlace Media Limited (company number 468877) having its registered office at 36 Upper Baggot Street, Dublin 4 and “our” and “ours” shall be construed accordingly.
“You” means you the person using the Service and “your” and “yours” shall be construed accordingly.
- SCOPE OF SERVICES
- 1.In consideration of you accepting Terms and giving MPC the permission to email you marketing and promotional material using the personal details held in your Customer Account, MPC agrees to provide you with the Services free of charge and this gives you:
- the ability to access the internet and send and receive data through our wireless broadband network and through the internet using wireless technology from a designated site with access points for the service (a hotspot); and
- any other facilities that MPC agrees to provide under your agreement
- 2.MPC provides these services under these Terms for business and consumer use.
- ACCEPTABLE USAGE POLICY (“AUP”)
- 1MPC supports the free flow of information and ideas over the Internet. Your access to the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of MyPlace Connect, or any third party.
- 2The use of the Service for the following activities is prohibited.
- Spamming (i.e. sending unsolicited commercial or marketing communications of any form and in any volume).
- use for any activities that invade another person’s privacy or breach their legitimate and reasonable expectations to privacy or that would be contrary to the law of any applicable jurisdiction.
- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
- the resale, transfer, licensing, sub-licensing, rental or lease of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale(whether or not any financial charge is imposed) is strictly prohibited.
- Using the Service to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. MPC will notify and fully cooperate with law enforcement authorities if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
- using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, offensive, indecent, menacing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another or amounts to the incitement of hatred.
- Using the Service to make nuisance, prank or hoax calls or to send messages or transmit information of that nature or to cause annoyance, inconvenience or needless anxiety.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Accessing either illegally or without appropriate authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system or attempting to disable or remove any technological protection measures intended to protect any copyright material from unlawful copying. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
- distributing or publishing information regarding the creation of and/or sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use any connected network, system, service, or equipment.
- advertising, transmitting, or otherwise making available any product, service or information (including, without limitation, any software or code) that is designed to violate, infringe or breach these Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software or any other copyright.
- use of the Service in breach of any applicable law or regulation or in breach of the conditions of any applicable licence or in breach of any third party rights or entitlements, including, but not limited to, advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent or misleading offers to sell or buy products, items, or services.
- In any way that we reasonably think is, or is likely to, adversely affect how we provide the service to you or any of our customers.
You must not use the Service or allow the service to be used in any manner that breaches paragraph 4.2 and you agree with and undertake to MPC not to use the Service in any such manner and to use all reasonable endeavours to prevent others from doing so and to notify MPC of any suspected breach of paragraph 4.2 by any other person by email to [email protected]. You will indemnify MPC against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities incurred as a result of any claim resulting from your breach of this paragraph 4.
- 4Consequences of non-compliance
MPC takes the types of misuse described in paragraph 4.2 very seriously. If MPC believes in its absolute discretion that you (whether knowingly or otherwise) have misused the Service, we may take whatever action we deem necessary or appropriate including immediate action to suspend your use of and access to the Service or to terminate your agreement with us without telling you first.
Failure to comply with the AUP constitutes a material breach of this Agreement covering the Services that we are providing to you and subject to which you are permitted to use the Services, and may result in MPC taking all or any of the following actions:
- Issue of a warning to you by such means as are available to MPC.
- Immediate, temporary or permanent withdrawal of the Services.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude all liability for actions taken in response to breaches of the AUP. The potential responses described in this paragraph 4.4 are not exhaustive, and we may take any other action we reasonably deem appropriate.
We will exercise reasonable discretion and judgment in administering this paragraph 4.4.
- USAGE LIMITS & OTHER SERVICE ISSUES
- 1.The Service does not include connection from our network to any customer network or any services when you are connected to the internet.
- 2.The service may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control.
- 3.You agree to get any permission needed from someone else if you want to use the service in any country in which this is necessary.
- 4.You accept that MPC has no control over the information transmitted via the Service and that MPC does not examine the use to which you put the Service or the nature of the information you send or receive. We have no obligation to compensate you for any loss arising from such information and/or such use.
- 5.MPC cannot guarantee access to any hotspot for you to use the Service, or guarantee that Service will continue to be available from any hotspot. MPC accepts no liability for short term or other outages or interruptions in the availability of the Service.
- 6.You agree that any content, software or other copyright material provided or made available by MPC is supplied to you for your own personal private or business use only. You must not copy, modify or publish any such material or resell, redistribute, transfer or supply it to any other person or permit any other person to do these things.
- 7.You are responsible for making sure any equipment you use to access the service is:
- Suitable for use with the service
- Adequately protected against external threats including but not limited to interception, viruses, worms, Trojans
- meets any instructions for its use
- 8.If you are a business customer you also accept that the service depends on your communications network (including any local area network and intranet) being suitable.
- 10.You agree to indemnify us fully and hold us harmless from and against any claims or legal action made or threatened against us by someone else because you have used the Service in a way that breaches any provision of this Agreement. MPC will tell you of such claims or legal action and update you on their progress. MPC will consider any representations you want to make.
- 11.For operational reasons MPC may have to occasionally
- interrupt the service and if MPC does so, MPC will restore it as quickly as MPC can;
- change the code or access numbers; or
- make minor changes to certain technical specifications, including data-transfer limits associated with the service.
- 12MPC may make active use of content filtering to block access to certain websites that we regard as problematic (whether because of the content they offer, the possible existence of viruses or otherwise). This filtering in no way relieves you of your obligation to comply with these Terms and, in particular, the MPC’s AUP. In addition, this filtering does not constitute a warranty or other assurance from MPC that you will not encounter objectionable, unsafe or otherwise problematic websites when using our Service.
- 1.The Service does not prevent you from having extra security e.g. firewalls on your equipment or customer networks. [The Service involves the transmission of unencrypted information over wireless networks and MPC does not recommend use of the Service for the transmission of sensitive commercial or other information without the adoption of additional technological and other safeguards. Any use of the Service is entirely at your own risk. It is your responsibility to implement such security measures as are appropriate to your use of the Service. MPC will ensure data will be encrypted before, during and after the logon process, and at any time that you are connected with the MPC site ]
- 2.Due to the nature of the service, you accept that MPC cannot guarantee the security of the service against unlawful access or use. You should make sure that you have adequate security to prevent unlawful access to or use of the service, access to your computing equipment or disclosure of confidential information.
- 3.You accept that MPC does not guarantee the integrity, authentication and confidentiality of the information, files and data (including credit card PIN) you may wish to exchange over the internet.
- CHARGING & PAYMENT
- 1Where you avail of additional value-added services as part of the Services, the cost of such services will be notified at the point at which you elect to avail of such services and when payment is taken. All charges for any such services will be charged on a VAT-inclusive basis in accordance with applicable VAT rules.
- 1Other than as expressly set out in these Terms and Conditions and to the maximum extent permitted by law, MPC makes no representations or warranties with respect to the speed, bandwidth quality and reliability of the internet connection made available to you by means of the Service, accuracy, completeness, reliability or usefulness of the Service, of information, software or content distributed through the Service, or the performance of MPC’s obligations hereunder. To the maximum extent permitted by law MPC expressly disclaims all warranties and conditions or representations of any kind, whether express, statutory, or by common law, implied or otherwise, including, but not limited to, implied warranties of satisfactory quality or fitness for a particular purpose.
- 2Furthermore, we make no warranty regarding any goods or services or the delivery of any goods or services purchased or obtained through or from the Service or advertised through the Service, or regarding any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you via the Service shall create any warranty not expressly stated herein.
- 3We neither warrant nor represent that your use of the Service will not infringe the rights of third parties.
- 4In particular, but without prejudice to the generality of this paragraph 8, you acknowledge and accept that:
- MPC does not warrant that the Services will be available at any particular time or continuously;
- MPC is not the internet service provider by means of whose broadband service you will be connected to the internet and that you will not hold us responsible for the availability or quality (including but not limited to download and upload speeds, bandwidth and reliability) of your internet connection; and
- MPC is not responsible for any loss of or disruption to the Services due to failure of a carrier network or broadband provider.
- 5You warrant and represent to MPC that:
- you have the authority to enter into this Agreement;
- you will comply with this Agreement and any legal and regulatory requirements applicable to the Service provided under this Agreement;
- you will keep any username and/or password applicable to your account with us secure and confidential and will not share them with anyone else; and
- You will not permit others to use your account with us or use accounts belonging to others.
- 6You acknowledge and agree that you are responsible for anything that happens through your account until you close your account, or fully prove to our reasonable satisfaction, that your account security was compromised due to no fault of your own.
- LIMITATION OF LIABILITY
- 1.MPC cannot guarantee that the Service will be without fault, interruption or error-free.
- 2.MPC has no responsibility (to the maximum extent permitted by law) to compensate you (whether or not MPC is negligent) for any direct or indirect loss, damage, injury, cost, claim, expense, financial loss, economic loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not MPC was advised in advance of the possibility of such loss or damage.
- 3.MPC does not guarantee that the service will be compatible with your equipment, any software that you may use or your communications network. MPC cannot guarantee performance of the internet or that you will be able to use the internet. Using the internet is at your own risk.
- 4.Except as described in paragraph 9.2, the maximum financial liability of MPC to you will be €3,000 in respect of any one incident and €6,000 in any 12-month period even in cases of negligence on the part of MPC, its servants or agents. MPC will only pay the amounts mentioned in this paragraph 9.4 for direct losses you have suffered that are reasonably foreseeable (approximation).
- 5.If you are a consumer, nothing in paragraphs 9.1 to 9.4 inclusive shall be deemed to affect any rights to which you may be entitled under any mandatory and inalienable provision of applicable law. Nothing in this Agreement shall limit the liability of either party for fraud or as for bodily injury or death arising from either party’s negligence.
- 6.Sometimes MPC may be unable to do what MPC has agreed because of something beyond our reasonable control. This could include very severe weather, strike, lockout, power outage, act of God or for other circumstances beyond our reasonable control. In such cases, MPC has no responsibility for such force majeure events and will endeavour to perform its obligations as soon as circumstances allow.
- REMEDIES FOR BREACH
- 1Other than for serious misuse in breach of these Terms, MPC will normally give you an opportunity to put right any breach by you of this Agreement within a reasonable time.
- 2However, if you do not do so, MPC may suspend or end this agreement for the service and/or may pursue any and all other remedies available to it under this Agreement. MPC may also suspend the service or end this agreement for the service if you break any other agreement you have with us and do not put matters right within a reasonable time. If MPC suspends the service or end this agreement for the service, MPC will tell you what needs to be done before MPC reinstates it.
- DISPUTE RESOLUTION
- 1Any claim against MPC arising under or in connection with this Agreement (or a breach thereof) or otherwise relating to your use of the Service shall be resolved in the first instance by the parties consulting and negotiating with each other and, recognising their mutual interests, attempting to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then any such unresolved claim shall only be settled by arbitration (initiated on notice from either you or MPC to the other party) administered by the International Centre for Dispute Resolution in accordance with the provisions of its International Arbitration Rules. There shall be one arbitrator, the place of the arbitration shall be Dublin, Ireland and the language of the arbitration shall be English.
- 2None of the terms of this Agreement are enforceable by any third party.
- 3Your agreement with us is governed by the laws of Ireland and is subject to the non-exclusive jurisdiction of the Irish courts.
- PRIVACY AND DATA PROTECTION
- 1We may contact you during such time that you remain a customer after the Start Date in order to administer, evaluate, develop and maintain the Service.
- 3By registering to use the Service you consent to us using and/or disclosing your personal information for the following purposes:
- processing your registration (which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and the disclosing of certain personal and account details to a bank for the purposes of setting up any direct debit account);
- providing or arranging for third parties to provide customer care/help desk facilities and billing you for the Services (which may involve disclosing your information to third parties solely for those purposes);
- for quality and training purposes, performing the Service under this Agreement, complying with our regulatory obligations arising from applicable legislation and/or codes of practices, for which we may monitor and record telephone conversations with you;
- retaining all or part of your personal data or any data we collect from you and disclosing it to a regulator (e.g. Comreg or the Data Protection Commission), a court, or to a public body to comply with any regulatory, government or legal requirement; and
- Communicating information that describes the habits or usage patterns and/or demographics of the whole or a part of our customer base (including you) but which is anonymous and does not describe or reveal the identity of any particular customer to any third party.
- 4Where applicable, we shall be entitled to make your name, current location, address and telephone number available to the emergency services.
- 5We may check your details with a fraud prevention agency. If you provide information that we reasonably believe to be false or incorrect and we suspect fraud, we may record this information with a fraud prevention agency. MPC and other organisations may use and search this information.
We may revise these Terms and any Additional Terms at any time by posting the updated versions on the Site. You are expected to check these Terms from time to time to take notice of any changes we make, as they are legally binding on you. Any amended Terms or Additional Terms shall be effective and binding on you from the time when you next access the Site or use the Services after they have been posted.
- 1Where we provide software to you to enable you to use the Services (“Software”), we grant you a non-exclusive, non-transferable licence to use the Software for your use only and solely for purposes of these Terms. You use any Software at your own risk. You agree to use the Software only in accordance with these Terms and with any Software end user licence agreement, which you will be required to accept in order to install the Software.
- 2You must not re-sell, distribute, rent, transfer, assign or sub-license any Software to anyone else. You may make one copy of the Software for back up purposes. You may not adapt, transmit, distribute externally, play or show in public, broadcast or publish any part of the Software. Except as permitted by applicable law or as expressly permitted under these Terms you must not copy, de-compile or modify the Software (in whole or in part), or copy the manuals or documentation (in whole or in part).
- 3We may offer updates or modifications to the Software and we will use reasonable endeavours to notify you of any updated software from time to time but we shall not be under any obligation to notify you as aforesaid or to keep any Software up to date or error free.
- 4As part of, in addition to, or in the course of your use of the Service, we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material (“Content”).
- 5Any Content we provide with the Service will be subject to this Agreement and may also be subject to terms and conditions from the publishers or developers of the Content, which will usually be displayed online. If you access any Content you will need to comply with all applicable terms and conditions.
- 6The Content we provide to you is provided on a “as is” basis and “as available” basis. Although we take precautions, we cannot guarantee the accuracy or completeness of the Content and accordingly your use of the Content (for whatever purpose) is at your own risk.
- 7The Content can only be used for your own purposes and is protected by copyright, trade mark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the Content.
- 8The Content might change from time to time.
- 9Under no circumstances shall MPC have any liability to you for goods, services, information, software, or other materials accessed by you over the internet from third parties.
- 10You will ensure that any equipment you use to access the Services (i) is sufficiently updated; and (ii) has sufficient capacity and is technically compatible with the Services. You will also ensure that your use of the Services does not breach any relevant legislation or telecommunications industry standards.
- 1To help with the delivery of our services, MPC may engage and use data processors with access to certain customer data (each a “Subprocessor”. This section provides important information about the identity, role and location of each subprocessor
- 2 MPC currently uses third party subprocessors to provide complimentary services and network system services including email services. MPC will advance of engaging any subprocessor ensure that every effort is made to ensure that that their data policies are of suficinet standard. MPC is a product of MyPlace Media Limited and all customer and user data is shared and processed by MyPlace Media Limited
- 3 Other Subprocessors include
- TripAdvisor – Ratings and Review Site, United States
- MailChimp – Email Notification Service, United States
- Campaign Monitor – Email Notification Service, United States
- Google Analytics – Website Analytics, United States
- Constant Contact – Email Notification Service, United States
- Sendgrid – Email Notification Service, United States
- Deliveroo – Food Delivery Service, United Kingdom
- 4 – You can contact us using the following details
- MPC c/o MyPlace Media Limited, 36 Baggot Street Upper, Dublin, D04 R6Y6, Ireland