Please read the following information carefully before using this service. You may not use the service without accepting these Terms and Conditions. By your subscription to the service, you accept these Terms and Conditions.
Welcome to the wireless high-speed Internet access technology (“Wi-Fi“) provided by Mawingu Networks Limited (“Mawingu”). These terms and conditions of use govern your and Mawingu’s respective rights and responsibilities relating to the use of the Wi-Fi at any Enabled Location (the “Terms and Conditions”). For the purposes of these Terms and Conditions and the preamble above, unless the context requires otherwise:
- “Acceptable Use Policy” or “AUP” means the policy setting out acceptable uses of the Wi-Fi and more fully described under “Undertakings in relation to Acceptable Use Policy” and “Acceptable Use Policy” below;
- “contract period” means the number of days for which a Wi-Fi bundle purchased from Mawingu will be valid for in accordance with the table set out in “Fee for Wi-Fi Access” below;
- “Enabled Location” means an area or location which has been equipped with Wi-Fi access points by Mawingu;
- references to the “registration page” should be read as meaning mawingunetworks.com, being the website on which you sign-up with Mawingu and accept these Terms and Conditions in order to use the Wi-Fi;
- “transmit” means the transmission or dissemination of any information or material by you on or through the Wi-Fi whether by way of uploading, posting, email or any other means; and
- references to “you” should be read as meaning the account holder.
Acceptance of Terms and Conditions of Use
To register with Mawingu and make use of the Wi-Fi you must to agree to these Terms and Conditions. By subscribing on the registration page, you indicate that:
- YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THESE TERMS AND CONDITIONS; AND
- YOU ARE ATLEAST EIGHTEEN (18) YEARS OF AGE. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU MUST OBTAIN CONSENT FROM A PARENT OR GUARDIAN BEFORE AGREEING TO CONTINUE.
If you do not agree to these Terms and Conditions, you may not use the Wi-Fi. By subscribing with Mawingu on the registration page you hereby electronically accept these Terms and Conditions, and such subscription has the same effect as if you had actually signed these Terms and Conditions in acceptance. The effective date of this Agreement is the date on which you subscribe for the Wi-Fi with Mawingu on the registration page.
Description of Wi-Fi /Service Availability
Mawingu will provide access to the Wi-Fi at the Enabled Locations. You acknowledge that access points or Enabled Locations may not be available in all areas, and may not always be operational.
Mawingu will provide you with the necessary support and connection information through its website (www.mawingunetworks.com) or through fliers distributed at the Enabled Locations.
The SME packages are designed to provide speeds up to the maximum value assigned to that package. This is because the link you are using is shared as opposed to being a dedicated link. Therefore, if for example you have subscribed for a 3mb/s package, Mawingu guarantees speeds of up to 3mb/s. The actual speed varies at any given time, depending on the activity of the other users sharing the network. Mawingu however designs the network such that the average speed experienced is commensurate with normal use for the number of users recommended for your plan. Dedicated services are also available on request.
Fee for Wi-Fi Access
In order to access the Wi-Fi, you must purchase a Wi-Fi bundle from Mawingu. The Wi-Fi will be provided at Enabled Locations by Mawingu in the following bundles:
300 MB @ Ksh 50, valid for 90 days
500 MB @ Ksh 100, valid for 90 days
2 GB @ Ksh 300, valid for 90 days
8 GB @ Ksh 1,000, valid for 90 days
The contract period will be valid immediately after activation for the relevant number of days set out in the table above. Upon the expiry of the contract period, and should you wish to access the Wi-Fi again, you will be required to renew your subscription and/or change to any other bundle of your choice.
Access to Internet
Mawingu does not screen or restrict access to any content placed on or accessible through the internet. It also does not screen or restrict communications between parties via the internet. You acknowledge that you access the internet of your own free will and accord and you may receive or be exposed to content, goods or services, which you consider improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that Mawingu has no responsibility to screen or restrict access to such content and shall not be held liable for any action or inaction with respect to any such content on the internet solely because it is accessible through the Wi-Fi.
In order to access the Wi-Fi, you are required to (1) provide all equipment (including computer hardware and software, mobile phones) to enable you to connect to the Wi-Fi; (2) comply with local and state laws and regulations, including but not limited to copyright and intellectual property rights laws; and (3) comply with the Acceptable Use Policy.
You hereby agree to be responsible for and to bear all the risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available to you via the Wi-Fi; and (2) all communications that you send or receive via the Wi-Fi.
Mawingu does not guarantee the security of any data you send via the Wi-Fi and it is your responsibility to secure such data.
Undertakings in relation to the Acceptable Use Policy
All users of the Wi-Fi must comply with the Acceptable Use Policy set out below. The AUP is intended to prevent unacceptable uses of the internet and is not a closed list of conduct which would amount to unacceptable use of the Wi-Fi. Mawingu reserves the right, in its sole discretion, to assess conduct and determine whether such conduct violates the Acceptable Use Policy.
Mawingu does not actively monitor use of the Wi-Fi under normal circumstances. Similarly, Mawingu does not exercise editorial control or review the content of any website, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi. However, Mawingu reserves the right to remove, block, filter or restrict by any other means any materials that, in our sole discretion, may (1) be illegal; (2) subject Mawingu to liability; or (3) violate the AUP in any way. Mawingu may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your access to the Wi-Fi.
Acceptable Use Policy
You agree to not use the Wi-Fi to:
- transmit any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, 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;
- transmit any material 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 that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- transmit any material 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 or servers or networks connected to the Wi-Fi, or disobey any requirements, procedures, policies or regulations of networks connected to the Wi-Fi;
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- “stalk” or otherwise harass another;
- collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
- resell the Wi-Fi without written authorisation from Mawingu; and
- 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.
Disclosure of Information
You understand that Mawingu is entitled to disclose some or all of your communications and activities when using the Wi-Fi:
- in response to lawful requests by governmental authorities, including judicial orders;
- to members of our group of companies (being any subsidiaries or holding companies from time to time);
- to any third party purchasing Mawingu’s business or assets;
- in order to enforce these Terms and Conditions and/or investigate potential breaches of these Terms and Conditions or the AUP; and
- for the purposes of publishing statistics relating to the Wi-Fi, in which case all information will be aggregated and made anonymous,and hereby consent to such disclosure.
You agree that Mawingu may terminate this Agreement and cancel your access to the Wi-Fi at any time, without notice and for any reason including, but not limited to, a violation of any of the Terms and Conditions, security or safety reasons, and/or using the Wi-Fi to perform any illegal activity. You further agree that in the event of termination for any reason, Mawingu will have no liability to you.
Notice of Problems or Complaints
If you experience a problem accessing or using the Wi-Fi, report the problem by calling ………… or by emailing email@example.com.
Mawingu may, at its sole discretion, modify these Terms and Conditions, including the AUP, at any time and from time to time without any prior notice. You undertake to periodically review the Mawingu website page to maintain awareness of any modifications to the Terms and Conditions.
By continuing to use the Wi-Fi after the Terms and Conditions have been updated, you accept and agree to any and all such modifications of the Terms and Conditions.
You hereby agree to defend, indemnify and hold Mawingu and its corporate affiliates and their respective officers, directors, stockholders, employees, agents, and successors 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 or any breach of these Terms and Conditions.
THE WI-FI IS PROVIDED BY MAWINGU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. MAWINGU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAWINGU MAKES NO EXPRESS WARRANTIES AND YOU WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH MAWINGU OR THE INTERNET GENERALLY. 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 MAWINGU DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY MAWINGU OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE AGREEMENT
Limitation of Liability
MAWINGU, ITS 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 OR THE INTERNET, SPECIFICALLY INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Kenya. Each party irrevocably agrees that the courts of the Republic of Kenya shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).