Purple WiFi Limited And [Customer] · Purple WiFi Limited And [Customer] ... the wireless fidelity technology based on the IEEE 802.11 ... forms part of Purple WiFi's security procedures

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DATED

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TERMS AND CONDITIONS

Purple WiFi Limited

And

[Customer]

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CONTENTS

CLAUSE

1. Interpretation ................................................................................................................. 1

2. Commencement and duration of the Contract ............................................................... 2

3. The provision of the Service .......................................................................................... 2

4. Connection of Equipment to the Service ....................................................................... 4

5. Access to Hotspots ........................................................................................................ 4

6. Use of the Service .......................................................................................................... 4

7. Charges and payment .................................................................................................... 5

8. Term and termination .................................................................................................... 5

9. Suspension of service .................................................................................................... 6

10. Intellectual property rights ............................................................................................ 6

11. Limitation of liability .................................................................................................... 6

12. Confidential information ............................................................................................... 7

13. Privacy and data protection ........................................................................................... 8

14. Notices ........................................................................................................................... 9

15. Variations ...................................................................................................................... 9

16. Assignment .................................................................................................................... 9

17. Force majeure .............................................................................................................. 10

18. Waiver ......................................................................................................................... 11

19. Severance .................................................................................................................... 11

20. No partnership or agency............................................................................................. 11

21. Entire agreement .......................................................................................................... 11

22. Survival ....................................................................................................................... 12

23. Governing law and jurisdiction ................................................................................... 12

SCHEDULE

SCHEDULE 1 SERVICE DESCRIPTION ................................................................................... 13

SCHEDULE 2 SERVICE LEVEL AGREEMENT ......................................................................... 14

SCHEDULE 3 TERMS OF USE................................................................................................ 15

SCHEDULE 4 PRIVACY POLICY ............................................................................................ 20

1

AGREED TERMS

1. INTERPRETATION

1.1 The definitions and rules of interpretation in this clause apply in these terms and

conditions.

Contract: includes, in order of precedence, these terms and conditions, the Terms of

Use, the Service Schedule, and the Order Form.

Customer: the party specified on the Order Form.

End-User: an individual who accesses the internet via the Services provided to the

Customer.

Equipment: the router and other equipment required to receive the Services.

HotSpots: each physical location of the radio access points offering the Service.

Minimum Period: thereis no minimum period from the Operational Service Date.

Operational Service Date: the date set out in the Order Form.

Order Form: the order form to be completed by the Customer before the Service

commences.

Personal Data: has the meaning set out in section 1(1) of the Data Protection Act

1998.

Privacy Policy: Purple WiFi's privacy policy set out in Schedule 4.

Service: access to the internet via the Purple WiFi service and Customer analytics

service as set out in the Service Schedule.

Service Level Agreement: the service level agreement set out in Schedule 2.

PURPLE WIFI: Purple Wifi Limited, company registration number 5444980, whose

registered office is at Unit 3, Riverside Court, Huddersfield Road, Delph, Oldham,

OL3 5FZ

Service Schedule: Schedule 1 to these terms and conditions setting out the wireless

access service displayed.

Terms of Use: Schedule 3 to these terms and conditions governing the use of the

Service by End-Users.

WiFi: the wireless fidelity technology based on the IEEE 802.11 standards, which

allows WiFi-enabled devices to connect to the internet when within range of a WiFi

Network.

WiFi Network: a network consisting of one or more HotSpots that enable connection

to the internet.

1.2 Clause and schedule headings do not affect the interpretation of this agreement.

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1.3 A person includes a natural person, corporate or unincorporated body (whether or not

having separate legal personality) and that person's personal representatives,

successors or permitted assigns.

1.4 Unless the context otherwise requires, words in the singular include the plural and in

the plural include the singular.

1.5 Unless the context otherwise requires, a reference to one gender shall include a

reference to the other genders.

1.6 A reference to a statute, statutory provision or subordinate legislation is a reference to

it as it is in force from time to time, taking account of any amendment or re-

enactment and includes any statute, statutory provision or subordinate legislation

which it amends or re-enacts.

1.7 A reference to writing or written includes faxes but not e-mail.

1.8 Documents in agreed form are documents in the form agreed by the parties and

initialled by or on behalf of them for identification.

1.9 References to clauses and schedules are to the clauses and schedules of this

agreement.

1.10 Any phrase introduced by the terms including, include, in particular or any similar

expression shall be construed as illustrative and shall not limit the sense of the words

preceding those terms.

2. COMMENCEMENT AND DURATION OF THE CONTRACT

The Contract will commence on the Operational Service Date and shall be in force

for the Minimum Period and thereafter unless it is terminated by the Customer or

Purple WiFi in accordance with these terms and conditions.

3. THE PROVISION OF THE SERVICE

3.1 Purple WiFi shall provide the Service to the Customer in accordance with the Service

Level Agreement.

3.2 The service enables the End Users to register with and join the Purple WiFi service

either via their chosen social media account or through the Purple Wifi log-in pages.

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3.3 The Customer shall procure that each End-User shall treat any information which

forms part of Purple WiFi's security procedures as confidential (Security Information)

and that they shall not disclose it to any third party. The Customer shall be liable for

any loss or damage arising out of the disclosure of any Security Information by any

End-User.

3.4 Purple WiFi has the right to disable access to the Services provided to the Customer

or an End-User at any time if, in Purple WiFi's opinion, the Customer or any End-

User fail to comply with any of the provisions of these terms and conditions and/or

the Terms of Use.

3.5 From time to time Purple WiFi may:

(a) (for operational reasons), change access codes, usernames, passwords or

other security information necessary to access the Service or change the

technical specification of the Service.

(b) issue instructions to the Customer and/or individual End Users, which

Purple WiFi believes are necessary for reasons of health, safety, security or

the quality of any telecommunications service provided by Purple WiFi to

the Customer or any other customer. The Customer shall procure that the

End-User complies with any such instructions that Purple WiFi issues to the

Customer or the End-User.

(c) temporarily suspend the Service because of an emergency or for operational

maintenance or improvements or for the purpose of ensuring network or

information security. In such cases, Purple WiFi shall aim to restore the

Service as soon as reasonably practical and Purple WiFi shall aim to give

the Customer as much notice as possible of any emergency or scheduled

suspension of the Service.

3.6 Purple WiFi does not guarantee that products or services or any websites accessible

via the Service are error or virus free, and dealings that the Customer or any End-

User may have with promotions, services or merchants via the Service are solely

between the Customer and/or the individual End-User and the person with whom they

are dealing.

3.7 Purple WiFi does not warrant or guarantee the performance of the internet or that the

transmission of information over the internet will be secure or that the internet will be

accessible at all times or at the speeds indicated by Purple WiFi.

3.8 Data from end-user WiFi enabled devices will be offloaded via the Purple Wifi

system onto the WiFi network or internet connection. Sufficient bandwidth is

required to provide a positive user experience.

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3.9 As part of the Service the access page contains a certain amount of advertising space.

Purple WiFi has the right to use this advertising space or allow selected third parties

to use it. Any advertisement placed in this space will not contain inappropriate or

illegal content and will not directly compete with the business of Customer. The

Customer has no right under this agreement to access this advertising space or

influence the content of advertisements.

4. CONNECTION OF EQUIPMENT TO THE SERVICE

4.1 The Customer shall ensure, and shall procure that any End-User shall ensure, that any

equipment used by the End-User to connect to or use the Service is connected and

used in accordance with any instructions, safety and security procedures applicable to

the use of that equipment and/or the standards that Purple WiFi has notified to the

Customer.

5. ACCESS TO HOTSPOTS

5.1 Purple WiFi provides the Service by enabling End Users to access HotSpots provided

by third party networks. Purple WiFi does not guarantee that End Users can access

the internet or that End Users can continue to access the internet via any particular

third party network at any time.

5.2 Because Purple WiFi does not control HotSpots provided by third party networks,

Purple WiFi cannot guarantee that End Users will be able to access the Service via

any of the HotSpots or guarantee that the Service will continue to be available from a

specific HotSpot.

5.3 If End Users have any problems using the Service at a particular HotSpot, they should

contact the staff at the location where the HotSpot is situated. Staff at such locations

are not employed by Purple WiFi, therefore Purple WiFi shall not be liable to End

Users for any information they provide to End Users.

6. USE OF THE SERVICE

6.1 End Users may access the Service in accordance with the Terms of Use. It is the

Customer's responsibility to obtain and keep in force any licence necessary for End

Users to use the Service in any country in which it is provided. The Customer shall

use reasonable endeavours to procure that when using the Service, End Users shall

comply with the Terms of Use.

6.2 Access to the Service is provided to the Customer for End Users' use only. The

Customer may not re-sell the Service to any third party for money or money’s worth.

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6.3 The Customer warrants that it will comply with clause 6.2 and the Customer shall

indemnify Purple WiFi for any breach of that warranty.

6.4 The Customer shall not do, and shall not permit any End-User to do, anything that is

likely to adversely interfere with the provision of the Services.

6.5 Purple WiFi has the right to suspend the Service and terminate the Contract

immediately in the event of a breach by the Customer of any of the provisions of

these terms and conditions, Purple WiFi's Terms of Use including without limitation:

(a) if in Purple WiFi's reasonable opinion the Customer is involved in

fraudulent or unauthorised use of the Service;

(b) if the Customer resells access to the Service in breach of clause 6.2 above;

or

(c) if the Customer or any End-User uses the Service in contravention of the

Terms of Use.

7. CHARGES AND PAYMENT

There is no charge to the Customer for the Service provided under this agreement.

8. TERM AND TERMINATION

8.1 Either party may terminate the Contract or the Service provided under it on With

immediate effect.

8.2 Without prejudice to any rights that have accrued under the Contract or any of its

rights or remedies, either party may terminate this agreement without liability to the

other immediately (or following such notice period as it sees fit) by giving notice to

the other party if:

(a) the other party commits, or in the case of termination by Purple WiFi, if any

End-User commits, a material breach of the Contract, and (if this breach is

remediable), fails to remedy that breach within a period of 14 days after

being notified to do so;

(b) the other party repeatedly breaches any of the terms of the Contract in a

manner that reasonably justifies the opinion that its conduct is inconsistent

with it having the intention or ability to give effect to the terms of this

agreement;

(c) there is a change of control of the other party.

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9. SUSPENSION OF SERVICE

9.1 Purple WiFi may terminate or temporarily suspend the Service if: under any of the

provisions of these terms and conditions if the End User of the service has used the

Service

(a) in a way that is likely to adversely interfere with Purple WiFi's ability to

provide the Service to the Customer or any third party;

(b) in violation of the Purple WiFi's Terms of Use.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Where Purple WiFi provides to the Customer software which enables End Users to

use the Service, Purple WiFi grants to the Customer a non-exclusive, non-transferable

licence to allow End Users to use that software solely for that purpose. The Customer

agrees that it shall not, and shall procure that no End Users shall, without Purple

WiFi's prior written consent, copy, decompile or modify the software, nor copy any

manuals or documentation (except as permitted by law). The Customer shall sign, and

procure that any End-User shall sign, any agreement reasonably required by Purple

WiFi or the owner of the copyright in the software (where the software is licensed by

Purple WiFi) to protect Purple WiFi's or the owner's interest in that software.

10.2 The Customer shall indemnify Purple WiFi for any breach of clause 10 by the

Customer or End Users.

11. LIMITATION OF LIABILITY

WARNING: you are strongly advised to read the drafting note commentary on

this clause.

11.1 The following provisions set out the entire financial liability of Purple WiFi

(including any liability for the acts or omissions of its employees, agents and

subcontractors) to the Customer in respect of:

(a) any breach of the agreement however arising;

(b) any use made by the Customer of the Service, or any part of them; and

(c) any representation, statement or tortious act or omission (including

negligence) arising under or in connection with the agreement.

11.2 All warranties, conditions and other terms implied by statute or common law are, to

the fullest extent permitted by law, excluded from the agreement.

11.3 Nothing in these conditions excludes the liability of Purple WiFi for:

(a) death or personal injury caused by Purple WiFi's negligence; or

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(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d) breach of section 2 of the Consumer Protection Act 1987; or

(e) the deliberate default or wilful misconduct of Purple WiFi, its employees,

agents or subcontractors.

11.4 Subject to condition 11.3:

(a) Purple WiFi shall not be liable for any errors or interruption in the

installation process, whether within or outside its control;

(b) Purple WiFi shall not be liable under any circumstances to the Customer or

any End-User whether in contract, tort (including negligence) or restitution,

or for breach of statutory duty or misrepresentation, or otherwise, for any:

(i) loss of profits;

(ii) loss of business

(iii) depletion of goodwill or similar losses;

(iv) loss of anticipated savings;

(v) loss of goods;

(vi) loss of contract;

(vii) loss of use of Service;

(viii) loss or corruption of data or information;

(ix) loss or interruption of internet access; or

(x) special, indirect, consequential or pure economic loss, costs,

damages, charges or expenses,

suffered by the Customer or End User that arises under or in connection

with this agreement or any other claims for direct financial loss that are not

excluded by any of categories (i) to (viii) inclusive of this clause 11.4(b);

(c) Purple WiFi shall provide the Services on an "as is" basis and all warranties

conditions and other terms implied by statute or common law are to the

fullest extent permitted by law excluded from this agreement.

11.5 Purple WiFi shall not be held responsible for any loss, damage or inconvenience the

Customer or any End-User may suffer for emergencies or scheduled maintenance as

detailed in the Service Level Agreement.

12. CONFIDENTIAL INFORMATION

12.1 Each party undertakes that it shall not at any time OR at any time during a Contract,

and for a period of five years after termination of a Contract, disclose to any person

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any confidential information concerning the business, affairs, customers, clients or

suppliers of the other party or of any member of the group of companies to which the

other party belongs, except as permitted by clause 12.2.

12.2 Each party may disclose the other party's confidential information:

(a) to its employees, officers, representatives or advisers who need to know

such information for the purposes of carrying out the party's obligations

under this agreement. Each party shall ensure that its employees, officers,

representatives or advisers to whom it discloses the other party's

confidential information comply with this clause 12; and

(b) as may be required by law, court order or any governmental or regulatory

authority.

12.3 No party shall use any other party's confidential information for any purpose other

than to perform its obligations under this agreement.

13. PRIVACY AND DATA PROTECTION

13.1 Purple WiFi shall process all information about End Users (including all the personal

data provided by the Customer or any End-User to Purple WiFi before or during the

term of the Contract) in accordance with Purple WiFi's Privacy Policy.

13.2 While Purple WiFi agrees to take all necessary technical and organisational steps to

ensure the security of the Service, it is not responsible for the accidental loss or

destruction of any personal data any End-User transmits using the Service and Purple

WiFi excludes all liability of any kind in relation to the content or security of personal

data that any End-User sends or receives through the Service. For the avoidance of

doubt, this paragraph does not limit or exclude any liability of Purple WiFi for a

breach of Purple WiFi's data protection obligations in relation to the information

which Purple WiFi obtains from the Customer before or during the term of the

Contract.

13.3 The Customer agrees and acknowledges, and warrants that all End Users agree and

acknowledge, that Purple WiFi may be required by law to provide assistance to law

enforcement, governmental agencies and other authorities. Accordingly, the

Customer agrees, and shall procure that all End Users agree:

(a) that Purple WiFi may implement and maintain an interception capability

suitable to meet these requirements where Purple WiFi and/or Partner

Networks are obliged by law to ensure or procure that such a capability is

implemented and maintained;

(b) that Purple WiFi may implement and maintain a data retention capability for

the Service to meet requirements where Purple WiFi and/or its partner

networks are obliged by law to ensure or procure that data is retained; and

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(c) Purple WiFi may at times co-operate with law enforcement authorities and

rights-holders in the investigation of any suspected or alleged illegal activity

by the Customer or End Users.If Purple WiFi is required to do so by law,

this may include but is not limited to, disclosure of the Customer's or End

Users' contact information to law enforcement authorities or rights-holders.

14. NOTICES

14.1 Unless otherwise expressly stated in these terms and conditions, all notices and other

communications required or permitted to be given by the Customer or Purple WiFi

under these terms and conditions shall be in writing. All notices and other

communications shall be deemed properly served if they have been delivered

personally or sent by fax or pre-paid registered post or e-mail to the address set out

above (in the case of notice given to Purple WiFi by the Customer) or to the latest

address provided to Purple WiFi by the Customer (in the case of notice given to the

Customer by Purple WiFi).

14.2 Any notice shall be deemed to have been properly served:

(a) if delivered by hand, on delivery;

(b) if sent by pre-paid registered mail, two working days after posting;

(c) if sent by fax, on confirmation of transmission;

(d) if sent by e-mail, on confirmation of transmission.

14.3 In proving the service of any notice, it will be sufficient to prove, in the case of a

letter, that the letter was properly addressed, stamped and placed in the post and, in

the case of a fax, that the fax was duly dispatched to a current fax number of the

addressee and, in the case of an e-mail, that the e-mail was sent to a current e-mail

address of the addressee.

15. VARIATIONS

Purple WiFi has the right to revise and amend these terms and conditions from time

to time on giving the Customer at least 30 days' notice in writing.

16. ASSIGNMENT

16.1 Any Contract made under these terms and conditions is binding on the parties and

their respective successors and assigns.

16.2 The Customer shall not, without the prior written consent of Purple WiFi (such

consent not to be unreasonably conditioned, withheld or delayed), assign, transfer,

mortgage, charge or deal in any other manner with any Contract or any of its rights

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and obligations under a Contract, or purport to do any of the same. The Customer

shall not subcontract or delegate in any manner any or all of its obligations under this

agreement to any third party or agent.

16.3 Each party that has rights under a Contract is acting on its own behalf and not for the

benefit of another person.

17. FORCE MAJEURE

17.1 Purple WiFi shall not be in breach of any Contract, nor liable for any failure or delay

in performance of any obligations under a Contract (and, subject to clause 17.3, the

time for performance of the obligations shall be extended accordingly) arising from

or attributable acts, events, omissions or accidents beyond its reasonable control

(Force Majeure Event), including but not limited to any of the following:

(a) acts of God, including but not limited to fire, flood, earthquake, windstorm

or other natural disaster;

(b) epidemic or pandemic

(c) war, threat of or preparation for war, armed conflict, imposition of

sanctions, embargo, breaking off of diplomatic relations or similar actions;

(d) terrorist attack, civil war, civil commotion or riots;

(e) nuclear, chemical or biological contamination or sonic boom;

(f) voluntary or mandatory compliance with any law (including a failure to

grant any licence or consent needed or any change in the law or

interpretation of the law);

(g) fire, explosion or accidental damage;

(h) loss at sea;

(i) extreme adverse weather conditions;

(j) collapse of building structures, failure of plant machinery, machinery,

computers or vehicles;

(k) any labour dispute, including but not limited to strikes, industrial action or

lockouts;

(l) non-performance by suppliers or subcontractors (other than by companies in

the same group as the party seeking to rely on this clause);

(m) interruption or failure of utility service, including but not limited to electric

power, gas or water; and

(n) interruption or failure of telecommunications services.

17.2 The corresponding obligations of the Customer shall be suspended to the same extent

as those of the party first affected by the Force Majeure Event.

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17.3 If the Force Majeure Event prevails for a continuous period of more than six months,

the Customer may terminate this agreement with immediate effect.

18. WAIVER

18.1 Any failure to exercise, or any delay in exercising, any right or remedy provided

under this agreement or by law shall not constitute a waiver of that or any other right

or remedy, nor shall it preclude or restrict any further exercise of that or any other

right or remedy.

18.2 No single or partial exercise of any right or remedy provided under this agreement or

by law shall preclude or restrict the further exercise of that or any other right or

remedy.

18.3 A party that waives a right or remedy provided under this agreement or by law in

relation to another party, or takes or fails to take any action against that party, does

not affect its rights in relation to any other party.

19. SEVERANCE

19.1 If any provision of these terms and conditions or any provisions of a Contract (or part

of any provision) is found by any court or other authority of competent jurisdiction to

be invalid, illegal or unenforceable, that provision or part-provision shall, to the

extent required, be deemed not to form part of the Contract, and the validity and

enforceability of the other provisions of the Contract shall not be affected.

19.2 If any provision of these terms and conditions or any provisions of a Contract (or part

of any provision) is found illegal, invalid or unenforceable, the provision shall apply

with the minimum modification necessary to make it legal, valid and enforceable OR

the parties shall negotiate in good faith to amend this provision such that, as

amended, it is legal, valid and enforceable, and, to the greatest extent possible,

achieves the parties' original commercial intention.

20. NO PARTNERSHIP OR AGENCY

Nothing in these terms and conditions is intended to, or shall be deemed to, establish

any partnership or joint venture between any of the parties, constitute any party the

agent of another party, nor authorise any party to make or enter into any

commitments for or on behalf of any other party.

21. ENTIRE AGREEMENT

21.1 These terms and conditions and any documents referred to in it constitute the whole

agreement between the parties and supersede any previous arrangement,

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understanding or agreement between them relating to the subject matter of this

agreement.

21.2 Each party acknowledges that, in entering into a Contract under these terms and

conditions, it does not rely on any statement, representation, assurance or warranty

(Representation) of any person (whether a party to that Contract or not) other than as

expressly set out in these terms and conditions or any documents forming part of the

Contract.

21.3 Each party agrees and undertakes to the other parties that the only rights and remedies

available to it arising out of or in connection with a Representation shall be for breach

of contract as expressly provided in these terms and conditions.

21.4 Nothing in this clause shall limit or exclude any liability for fraud.

22. SURVIVAL

Clauses 1, 1.1, 1, 12 and 23 shall survive termination of this agreement and continue

in full force and effect.

23. GOVERNING LAW AND JURISDICTION

23.1 Any Contract made under these terms and conditions 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 English law.

23.2 Any dispute or claim arising out of or in connection with a Contract or its formation

(including non-contractual disputes or claims) shall be subject to the jurisdiction of

the courts of England and Wales.

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Schedule 1 Service description

End user access to the internet via the Purple WiFi service and Customer analytics service as

detailed at www.purplewifi.net

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Schedule 2 Service level agreement

1. Service Levels

1.1 The Service is provided on an “as is” basis and therefore all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

2. Scheduled Service Downtime

2.1 The Company may, from time to time, require Scheduled Service Downtime in order to perform maintenance and upgrades on its computer systems, network and infrastructure.

2.2 The Company shall use reasonable endeavours to ensure that any period of Scheduled Service Downtime causes minimal disruption to the WiFi Service and is as brief as is reasonably possible. Nothing in this sub-Clause 2.2 shall constitute a guarantee of the same.

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Schedule 3 Terms of use (for End Users)

PLEASE READ CAREFULLY BEFORE JOINING THE WIFI SERVICE FROM

THIS WEBSITE.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or

you) and Purple WiFi Limited of Riverside Court, Huddersfield Road, Delph, Oldham, OL3

5FZ( Purple WiFi, us or we) for use of the wireless internet access service via the Purple

WiFi service (the "Service").

Important notice:

By joining and using the Service from this website you agree to the terms of this licence

which will bind you. The terms of this licence include, in particular, the privacy policy

defined in condition 24.4 and limitations on liability at condition 5.

If you do not agree to the terms of this licence and our privacy policy we will not permit

access to the Service and you must stop the joining process now. In this case the joining

process will terminate.

AGREED TERMS

24. ACKNOWLEDGEMENTS

24.1 The terms of this EULA apply to your use of the Service including any updates to the

Service.

24.2 We may change these terms at any time and all changes will be provided to you

through a link on the Service log-in page. The new terms may be displayed on-screen

and you may be required to read and accept them to continue your use of the Service.

24.3 You will be assumed to have obtained permission from the owners of the computer,

mobile telephone or devices that are controlled, but not owned, by you and to use the

Service. You and they may be charged by your and their service providers for internet

access on the Devices. You accept responsibility in accordance with the terms of this

EULA for the use of any Service on or in relation to any Device, whether or not it is

owned by you.

24.4 The terms of our privacy policy from time to time, available through a link on the log

in page (Privacy Policy), are incorporated into this EULA by reference and apply to

the Service. Additionally, by using the Service, you acknowledge and agree that

internet transmissions are never completely private or secure. You understand that

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any message or information you send using the Service may be read or intercepted by

others, even if there is a special notice that a particular transmission is encrypted.

24.5 By using the Service, you consent to us collecting and using technical information

about the mobile telephone, computer or other device used to access the Service (the

"Device") and related software, hardware and peripherals for Services that are

internet-based or wireless to improve our products and to provide any Services to you

and for the purposes stated in a Privacy Policy.

24.6 The Services will make use of location data sent from the Devices. If you use these

Services, you consent to us and our affiliates' and licensees' transmission, collection,

maintenance, processing and use of your location data and queries to provide and

improve location-based products and services.

24.7 The Service may contain links to other independent third-party websites (Third-

party Sites). Third-party Sites are not under our control, and we are not responsible

for and do not endorse their content or their privacy policies (if any). You will need to

make your own independent judgement regarding your interaction with any Third-

party Sites, including the purchase and use of any products or services accessible

through them.

24.8 Any words following the terms including, include, in particular or for example or

any similar phrase shall be construed as illustrative and shall not limit the generality

of the related general words.

25. GRANT AND SCOPE OF LICENCE

25.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you

the right to use the Services, subject to these terms and the Privacy Policy,

incorporated into this EULA by reference. We reserve all other rights.

25.2 You may continue to use the Service free of charge provided that you accept these

terms.

25.3 You may stop using the Service at any time.

25.4 We may cease provision of the Services at any time.

26. ACCEPTABLE USE RESTRICTIONS

You must not:

(a) use the Service in any unlawful manner, for any unlawful purpose, or in any

manner inconsistent with this EULA, or act fraudulently or maliciously, for

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example, by hacking into or inserting malicious code, including viruses, or

harmful data, into the Service or any operating system;

(b) infringe our intellectual property rights or those of any third party in relation

to your use of the Service, including the submission of any material;

(c) transmit any material that is defamatory, offensive or otherwise

objectionable in relation to your use of the Service;

(d) use the Service in a way that could damage, disable, overburden, impair or

compromise our systems or security or interfere with other users;

(e) collect or harvest any information or data from any Service or our systems

or attempt to decipher any transmissions to or from the servers running any

Service;

(f) send, receive, publish, post, distribute, disseminate, encourage or solicit

receipt of, upload, download or use any material which is offensive,

abusive, defamatory, indecent, obscene, unlawful, harassing, menacing or a

breach of copyright or other intellectual property right or any other right of

any person;

(g) use the Service for commercial purposes;

(h) use the Service to send unsolicited emails;

(i) use the Service to transmit, store, publish or upload any electronic material

which is known or is likely to cause, damage or destroy or limit the

functionality of any computer software, hardware or telecommunications

equipment.

(j) invade the privacy of another person, cause annoyance, inconvenience or

needless anxiety to another person.

27. INTELLECTUAL PROPERTY RIGHTS

27.1 You acknowledge that all intellectual property rights in the Services and the

underlying technology belong to us or our licensors, and that you have no rights in, or

to, the Service other than the right to use it in accordance with the terms of this

EULA.

28. LIMITATION OF LIABILITY

28.1 The Service is provided to you on an "as is" basis and therefore all warranties,

conditions and other terms implied by statute or common law are, to the fullest extent

permitted by law, excluded from this agreement.

28.2 Except as stated at clause 5.5 below Purple WiFi shall not be liable to you in respect

of any losses caused by failures, errors, delays or interruptions relating to the Service,

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including any failure to supply the Service due to events which are beyond our

reasonable control.

28.3 Purple WiFi shall not be liable to you if any third party:

(a) gains access to your connection to the Service or your Device; or

(b) destroys or damages any data or information held by you or information

about you which is held by us.

28.4 We shall have no liability in respect of indirect or consequential loss, such as loss of

profits, business, costs, expenses, or any other form of economic loss.

28.5 Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability that cannot be excluded or limited by English law.

29. TERMINATION

29.1 We may terminate this EULA immediately without notice to you:

(a) if you commit a material or persistent breach of this EULA;

(b) if you breach any of the Acceptable Use Restrictions; and

29.2 On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA,

including your use of any Services;

(c) we will cease providing you with access to the Service.

6.3 Termination of this EULA shall be without prejudice to the rights or remedies or

either party accrued prior to the date of termination.

30. EVENTS OUTSIDE OUR CONTROL

30.1 We will not be liable or responsible for any failure to perform, or delay in

performance of, any of our obligations under this EULA that is caused by any act or

event beyond our reasonable control, including failure of public or private

telecommunications networks or interruptions in third party services (Event Outside

Our Control).

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30.2 If an Event Outside Our Control takes place that affects the performance of our

obligations under this EULA:

(a) our obligations under this EULA will be suspended and the time for

performance of our obligations will be extended for the duration of the

Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our

obligations under this EULA may be performed despite the Event Outside

Our Control.

31. OTHER IMPORTANT TERMS

31.1 We may transfer our rights and obligations under this EULA to another organisation,

but this will not affect your rights or our obligations under this EULA.

31.2 You may only transfer your rights or obligations under this EULA to another person

if we agree in writing.

31.3 If we fail to insist that you perform any of your obligations under this EULA, or if we

do not enforce our rights against you, or if we delay in doing so, that will not mean

that we have waived our rights against you and will not mean that you do not have to

comply with those obligations. If we do waive a default by you, we will only do so in

writing, and that will not mean that we will automatically waive any later default by

you.

31.4 Each of the conditions of this EULA operates separately. If any court or competent

authority decides that any of them are unlawful or unenforceable, the remaining

conditions will remain in full force and effect.

31.5 Please note that this EULA, its subject matter and its formation, are governed by

English law. You and we both agree that the courts of England and Wales will have

non-exclusive jurisdiction.

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Schedule 4 Privacy policy

Purple WiFi Limited (We) are committed to protecting and respecting your privacy.

SCOPE OF POLICY

This policy (together with our end-user licence agreement as set out through the link in our

log in page (EULA)) and any additional terms of use incorporated by reference into the

EULA, together Our Terms of Use applies to your access and use of the Purple WiFi

wireless service (the Service).

This policy sets out the basis on which any personal data We collect from you, or that you

provide to us, will be processed by us. Please read the following carefully to understand our

views and practices regarding your personal data and how We will treat it.

For the purpose of the Data Protection Act 1998, the data controller is Purple WiFi Limited of

Unit 3, Riverside Court, Huddersfield Road, Delph, Oldham, OL3 5FZ.

1. INFORMATION WE MAY COLLECT FROM YOU

We will collect and process the following data about you:

Submitted Information: the log in information which you provide and/or

information from your social media account through which you access the

Service (e.g. Twitter, Facebook etc). This information will be taken from your

social media access page and will be subject to your privacy settings. We may

also ask you for information when you enter a competition or promotion and

when you report a problem with any of our Service.

Additional information:

if you contact us, We may keep a record of that correspondence;

We may also ask you to complete surveys that We use for research

purposes, although you do not have to respond to them;

details of transactions you carry out through our Service;

details of your use of our Service including, but not limited to, location

data, weblogs and other communication data and the resources that you

access.

Device information: We may collect information about the mobile telephone,

smart phone, hand held device, laptop, computer or any other device used to

access and use the Services (Device), including, where available, the Device's

unique Device identifiers, operating system, browser type and mobile network

information as well as the Device's telephone number if applicable, for system

administration and to report aggregate information to our advertisers. We may

associate Device information with Submitted Information and will treat the

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combined information as personal data in accordance with this policy for as long

as it is combined.

Location information: We may collect and process information about your actual

location.

Log information: when you use the Service, We may automatically collect and

store certain information in server logs, including but not limited to internet

protocol (IP) addresses, internet service provider (ISP), clickstream data, browser

type and language, viewed and exit pages and date or time stamps.

2. COOKIES

Our Services use cookies to distinguish you from other users of our Services. This helps us to

provide you with a good experience when you use the Service and also allows us to improve

the Service. For detailed information on the cookies We use and the purposes for which We

use them, see our cookie policy through the link on the log in page

3. WHERE WE STORE YOUR PERSONAL DATA

The data that We collect from you is generally located on our servers in Europe however it

may be transferred to, and stored at, a destination outside the European Economic Area

(EEA). It may also be processed by staff operating outside the EEA who work for us or for

one of our suppliers. These staff may be engaged in the fulfilment of the Service or the

provision of support services. By joining and using the Service, you agree to this transfer,

storing or processing. We will take all steps reasonably necessary to ensure that your data is

treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers.

Unfortunately, the transmission of information via the internet is not completely secure.

Although We will do our best to protect your personal data, We cannot guarantee the security

of your data transmitted via our Service; any transmission is at your own risk. Once We have

received your information, We will use strict procedures and security features to try to

prevent unauthorised access. As access to the Service is through your chosen social media

platform you should ensure when using these features that you do not submit any personal

data that you do not want to be seen, collected or used by other users.

4. USES MADE OF THE INFORMATION

We use information held about you in the following ways:

To provide you with information regarding the venue in which you are using the Service

including information relating to their goods and services;

To provide it to the venue owner or sponsor to enable them to see how the venue is being

used and by whom

To report aggregate information to our advertisers or selected third parties for consumer

analysis.

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We may also use your data, or permit selected third parties to use your data, to provide you

with information about goods and services that may be of interest to you.

We will only contact you by electronic means (e-mail or SMS) with information about goods

and services.

Where We permit selected third parties to use your data, We (or they) will only contact you

by electronic means.

If you do not want us to use your data in this way, or to pass your details on to third parties

for marketing purposes then you should not use our Service. We provide access to the

Service always in accordance with our Terms of Use and this Privacy Policy therefore if you

do not accept them then we will cease to provide the Services to you until and unless you do

accept them.

We do not disclose information about identifiable individuals to our advertisers, but We may

provide them with aggregate information about our users (for example, We may inform them

that 500 men aged under 30 have clicked on their advertisement on any given day). We may

also use such aggregate information to help advertisers reach the kind of audience they want

to target (for example, women in SW1). We may make use of the personal data We have

collected from you to enable us to comply with our advertisers' wishes by displaying their

advertisement to that target audience.

5. DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our

subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of

the Companies Act 2006.

We may disclose your personal information to third parties:

To our customers who operate and own the venue where you access the Services.

To the sponsors of the venue where you access the Services

To the selected third parties detailed at point 4 above

In the event that We sell or buy any business or assets, in which case We may disclose

your personal data to the prospective seller or buyer of such business or assets.

If Purple WiFi or substantially all of its assets are acquired by a third party, in which case

personal data held by it about its customers will be one of the transferred assets.

If We are under a duty to disclose or share your personal data in order to comply with any

legal or regulatory obligation or request.

In order to:

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enforce or apply the EULA, , terms and other agreements or to investigate

potential breaches; or

protect the rights, property or safety of Purple WiFi Ltd, our customers, or

others. This includes exchanging information with other companies and

organisations for the purposes of fraud protection and credit risk reduction.

6. THIRD PARTY SITES

Our Services may, from time to time, contain links to and from the websites of our partner

networks, advertisers and affiliates (including, but not limited to, websites on which the

Services are advertised). If you follow a link to any of these websites, please note that these

websites and any services that may be accessible through them have their own privacy

policies and that We do not accept any responsibility or liability for these policies or for any

personal data that may be collected through these websites or services, such as contact and

location data. Please check these policies before you submit any personal data to these

websites or use these services.

7. ACCESS TO INFORMATION

The Data Protection Act 1998 gives you the right to access information held about you. Your

right of access can be exercised in accordance with that Act. Any access request may be

subject to a fee of £10 to meet our costs in providing you with details of the information We

hold about you.

8. CHANGES TO PRIVACY POLICY

Any changes We may make to our privacy policy in the future will be posted on this page

and, where appropriate, notified to you by SMS or e-mail or notifying you of a change when

log onto one of the Services Sites]. The new terms may be displayed on-screen and you may

be required to read and accept them to continue your use of the Services.

9. CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be

addressed to Purple WiFi , Unit 3 Riverside Court, Huddersfield Road, Oldham, OL3 5FZ.