1. Terms and Conditions
1.1.These Terms and Conditions may be amended by Qonectus at any time. Where such amendments are made Qonectus will provide the amended Terms and Conditions on the Website.
1.2.If there is any inconsistency between these Terms and Conditions and the details of any request and/or order made by You for the purchase of WorldiFi™ Products and/ or Services, then these Terms and Conditions will prevail to the extent of such inconsistency.
2.1.In these Terms and Conditions: ‘Australian Consumer Law’ means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended from time to time. ‘Compatible Device’ means Apple iPhones and/or iPads using iOS 7 or later and Android devices using OS 2.3 or later; ‘Products’ means any and all products purchased by You from the Website or a third party to whom Qonectus has supplied the products for resale; ‘Services’ means the wireless connectivity service which provides You with internet connectivity for use with a Compatible Device; ‘Qonectus’ means Qonectus Pty Ltd ACN 615 561 772; ‘Website’ means worldifi.com; ‘WorldiFi™ WiFi Network’ means the network of global WiFi hotspots available from time to time to use with the WorldiFi™ Service; ‘You’ means the purchaser and/or user of the Services and/or the Website.
3. Using the Service
3.1.To use the Service, You must: a) Download the WorldiFi™ mobile application from either the App Store or Google Play Store to your Compatible Device; b) Have a Compatible Device; c) Create a user account by registering for the Service on WorldiFi™‘s website or through the WorldiFi™ mobile application; and d) Purchase a WorldiFi™ Access Pass
3.2. When creating a user account, You represent and warrant that: a) all Information that You provide is accurate; and b) that You will update the Information as necessary to maintain its accuracy. When registering, You will be asked to supply your email address and create a username and secure password. Your username and the password are used to access your account information as well as provide You access to the WorldiFi™ Wi-Fi Network.
4. Network Availability Terms and Conditions for WorldiFi™ Service
4.1.You acknowledge that the Service is designed to enable your Compatible Device to access various hotspots around the world and that those hotspots are provided by third parties not associated with Qonectus.
4.2.Whilst Qonectus makes every effort to ensure consistent and ongoing availability of all the WorldiFi™ WiFi Networks which the Service is designed to connect with Qonectus does not guarantee that any hotspot will be available at any given time or for any given duration.
5.1.Unless otherwise stated, all prices published by Qonectus are inclusive of Goods & Services Tax and other taxes or charges that may be relevant.
5.2.Charges of the Service may change. Charges which are applicable at any given time will be displayed on the Website and mobile application and it is your responsibility to check any charges which are relevant for You and your use of the Services.
6. Description of Services
6.1.Whilst care is taken to ensure that the descriptions of Services on the Website are accurate, the WiFi Network is regularly changed, upgraded and on occasion removed and Qonectus cannot guarantee the accuracy of such descriptions.
6.2.Qonectus is not liable for any loss or harm which may arise directly or indirectly from any omissions, errors or changes relating to the description of any Services.
7. Maintenance of WiFi Network
7.1. From time to time, and in Qonectus’ sole discretion, Qonectus may need to temporarily suspend the Service in order to perform various updates. Qonectus intends to notify You in advance of such scheduled updates.
8. Acceptable Use
8.1. You agree that You will not use the Service in a manner contrary to the WorldiFi™ Acceptable Use Policy. Qonectus reserves the right to investigate any breach and or suspected breach of the Acceptable Use Policy. Qonectus may suspend or terminate provision of the Service if, in its sole discretion, it suspects that You have violated this policy.
9. Warranty and Disclaimers
9.1. The internet may contain offensive and/or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. Qonectus shall not be responsible for any damages suffered by You and/or any person as a result of obtaining internet access. Qonectus exercises no control whatsoever over the content of the information passing through its systems.
10. Release and Indemnity
10.1.To the extent permitted by the law, You agree to release and hold harmless, Qonectus and its current and former officers, agents and employees against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your purchase and/or use of the Services or Website (including but Terms and Conditions for WorldiFi™ Service not limited to your inability to access or use the Website or Services or any network associated with the Services or Website in any location) even if caused or contributed to by Qonectus or its current or formers officers, agents or employees negligence, breach of duty or otherwise.
10.2.In the event that clause 10.1 is for any reason held unenforceable or inapplicable, You agree that Qonectus’s aggregate liability will not exceed any sums paid by You for the purchase and/or use of the Services or the Website.
11. Australian Consumer Law
11.1. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Qonectus are excluded under these terms and conditions.
11.2. If a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits Qonectus to limit its liability, then Qonectus’s liability shall be limited to the cost of supplying the services again or payment of the cost of having the services supplied again.
12. Reservation of Qonectus`s rights
12.1. Qonectus may at any time with or without prior notice: a) restrict, suspend, or terminate your access to or right to use all or any part of the Website or Services if in the reasonable opinion of Qonectus such restriction, suspension or termination is necessary; or b) establish rules and policies for the use of the Qonectus Services or Website with which You must comply.
13. Use of Information
13.2. You consent to information which You have provided to Qonectus or a third party from whom You purchased the Service being used by Qonectus or any of its related bodies corporate for the purpose of informing You about offers and promotions which relate Qonectus or its Services or Website.
13.3. Upon request by You and to the extent permitted or required by law, Qonectus will provide You with access to and/or the ability to correct your personal information.
14. Events beyond control
14.1. Qonectus is not responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, act of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule. Terms and Conditions for WorldiFi™ Service
15.1. The Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.
15.2. Nothing in these Terms and Conditions affects any rights You may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation.
15.3. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.