ASDA WiFi User Terms and Conditions
This is an agreement between you and Everything Everywhere Ltd (trading as EE) ("we" or "us") for the ASDA WiFi service (the "service").
By registering your mobile phone number with ASDA WiFi, you are agreeing to these terms and conditions, the EE WiFi Privacy Policy, and also to the ASDA WiFi Privacy Policy which applies to this service. Please read them carefully before accepting the service. If you do not agree to the terms, do not use the service. Remember, if you're already an EE customer, these terms are in addition to your standard terms of service and the EE privacy policy at www.explore.ee.co.uk/privacy. We may modify the agreement at any time. By continuing to use the service you are agreeing to the terms of use current at that point in time.
1. Connecting to WiFi
- 1.1 ASDA WiFi is a free service available for your personal use within ASDA stores. You do not need to be an EE customer already.
- 1.2 You‟ll need to give us your mobile phone number and email address to gain access.
- 1.3 If you want to cancel your subscription to the service at any time, please email us on publicwifi.support@ee.co.uk, and include within the email the mobile number that you used to register for the service.
2. About the service
- 2.1 You'll need a compatible device (phone, laptop or tablet) and can only use the service when your device is within the range of our ASDA WiFi system. The availability and performance of the service is subject to all device limitations.
- 2.2 All services are provided on an "as is" basis. We do not warrant that the service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of it.
- 2.3 We will try our best to make the service available, but it may be interrupted or limited due to maintenance and repair work, transmission or equipment limitations/failures or due to an emergency. Neither we nor ASDA are responsible for anything that you may lose or that become misdirected because of performance issues with the service.
- 2.4 We reserve the right to immediately, and without notice, suspend your access to the service if we suspect that you are transmitting a virus or other malware.
- 2.5 The service is provided for personal use only and is not intended for commercial purposes. You agree the service is intended for email, instant messaging, browsing the internet and using apps.
- 2.6 We will not supply any software to you in connection with the service. If you use software or apps then you accept the risk of any failure of the service resulting from their use.
- 2.7 We will deploy content filters which either prohibit or require age verification to access content on the internet which we may classify as suitable for over 18s only. We will use our discretion to determine what is or isn't adult content. If you don't agree with our classification then you are free to stop using the service at any time. The availability of content on the internet may vary from venue to venue.
- 2.8 Neither EE nor ASDA is a publisher of third-party content that can be accessed through the service, and neither is responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the service. You are responsible for evaluating such content.
3. Your obligations
- 3.1 The service is made available provided: (a) you do not use the service for anything unlawful, immoral or improper; (b) you do not use the service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy or which is otherwise objectionable; (c) you do not use the service to harm or attempt to harm minors in any way; (d) you do not act nor knowingly permit others to act in such a way that the operation of the service or our systems, or those of ASDA, will be jeopardised or impaired; (e) you do not use abusive or threatening behaviour towards other users of the service, 36 members of our staff or ASDA's, or any person in the vicinity of ASDA stores; (f) you do not use the service to access or use content in a way that infringes the rights of others; and (g) the service is used in accordance with any third party policies for acceptable use or any relevant internet standards (where applicable); (h) you do not make excessive use of the service, for example by sending or receiving large volumes of email or excessively large attachments.
- 3.2 You agree not to resell any aspect of the service, whether for profit or otherwise.
- 3.3 You also agree not to use the service for any fraudulent purpose, or in such a way as to create damage or risk to our (or ASDA's ) business, reputation, employees, subscribers, facilities, third parties or to the public generally.
- 3.4 You have no proprietary or ownership rights to any username or password or to a specific IP address. We may change such addresses at any time or deactivate or suspend service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the services.
- 3.5 We (and ASDA) reserve the right to request you to leave a store and stop using ASDA WiFi if we believe you are doing anything listed at 3.1 above, or in any other circumstance, including if you are persistently abusive or make threats, repeatedly cause a nuisance or annoyance or otherwise act improperly towards our staff, customers, or property.
- 3.6 Please remember that we'll monitor how much you send and receive each calendar month so that we can protect our network for all our customers. There's a 10GB monthly fair usage allowance. If you use more than this, we may give you a written warning (by email or otherwise). In extreme circumstances, if the levels of activity don't immediately decrease after the warning, we may reduce the quality of your Service for the rest of that month or permanently, suspend or terminate your Service.
4. Privacy Policy
- 4.1 Everything Everywhere Limited is the data controller of the personal information you provide and we collect through and in connection with your use of the WIFI Service including but not limited to:
- Your name
- Your Email address
- Your Telephone number
- how you use the ASDA WiFi service (this may include your device details)
- your communications with us in connection with the ASDA WiFi service
- any information to help you decide which ASDA products and services would suit you best.
- 4.2 We will use your personal information:
- 4.2.1 to provide you with the WIFI service;
- 4.2.2 for traffic management;
- 4.2.3 to comply with applicable laws, regulations, court orders, government and law enforcement agencies requests, to operate our systems properly or to protect ourselves or our users and customers or to solve any customer disputes.
- 4.3. The periods for which we keep your information depend on the purpose for which your information was collected and the use to which it is put. We will not keep your personal information for longer than necessary for our business purposes or for legal requirements. Data relating to the destination, routing, timing or duration of a communication will be kept for at least a year to comply with our legal obligations.
- 4.4. If you want, you can always access your personal information. Just make a written request to our Data Protection team clearly identifying yourself and the information you require. We may charge you £10 to cover the cost of supplying it and may ask you to provide identification to ensure we do not disclose your information to the wrong people. If you tell us that we hold any inaccurate information about you we will correct it. Our address is: Everything Everywhere, Hatfield Business Park, Hertfordshire, AL10 9BW.
- 4.5. Cookies. Our authentication system sets a cookie at the beginning of each WiFi session to ensure that the user is authorised to access the WiFi service. In addition, we use cookies to improve our services. A cookie is a small unique text file placed on your device when you visit a website which enables the website to identify your device whenever you visit that website. The 37 cookies we use are session cookies which remain on your device until you close your browser when they automatically expire. You can refuse cookies by changing the relevant settings on your browser to prevent automatic acceptance and prompt you every time a cookie is sent to your device or to allow you to choose not to receive cookies at all. Some cookies are essential for us to provide you with the WiFi service and if you refuse them, you may not be able to use our WiFi service. If you carry on using the WiFi Service and do not change your browser settings we will assume that you consent to us using cookies as described above.
- 4.6 By signing up to the WiFi service, you agree for us to share your information with ASDA and ASDA group companies for them to use this information for marketing and analytics purposes and in accordance with their WIFI Privacy Policy referenced to above and which you can find here.
5. Liability
- 5.1 We are only liable to you as set out in this agreement. We have no other duty or liability to you.
- 5.2 Nothing in this agreement removes or limits our liability for death or personal injury for something we have done or failed to do.
- 5.3 Except as set out in 5.1 and 5.2, our entire liability to you for something we or anyone who works for us does or does not do will be limited to £3000 for one incident or £6000 for a number of incidents within any 12 month period. You must tell us about any claim as soon as reasonably possible.
- 5.4 We are not liable to you in any way for any loss of income, loss of business or profits, or for any loss that was not reasonably foreseeable at the time you entered this agreement. Specifically, we shall not be liable for any deficiency in performance caused in whole or in part by any act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond our control.
- 5.5 The service is provided by Everything Everywhere Ltd. ASDA accepts no liability whatsoever in relation to the provision or use of the service.
6. Termination
We can cancel this agreement immediately if any of the following happens: (a) You break an important condition of this agreement or a number of less important conditions; or (b) You break a less important condition of this agreement and do not put it right within 7 days of us asking you to.
7. General
- 7.1 You agree to indemnify us (including ASDA) against any claims, demands, actions liabilities, costs or damages arising out of your use of the service, or violation of the agreement. You furthermore agree to pay our (and ASDA's) reasonable legal fees and experts' costs arising out from any actions or claims hereunder.
- 7.2 You agree to protect your username and password. You are responsible for any usage of your account. If you become aware of any unauthorised or fraudulent usage of the service via your account, you should notify us immediately.
- 7.3 You may not transfer or try to transfer any of your rights and responsibilities under this agreement without our consent. We may transfer our rights and responsibilities to any third party without your permission, provided the level of service you currently experience is not reduced as a result.
- 7.4 You agree that we may contact you to notify you of changes to, or information about, your account, the service or this agreement. You also agree to the ASDA WIFI Privacy Policy, and in particular, that until you object, we will use information you give us to provide you with information about goods and services offered by us and other organisations with which we have a business relationship.
- 7.5 English law will apply to this agreement and any disputes will be settled in the courts of the United Kingdom. You may be able to take your disputes to arbitration under the EE 'code of practice for consumer affairs'.
- 7.6 Except as set out in clause 6.8, this agreement shall not confer any benefit on a third party under The Contracts (Rights of Third Parties) Act 1999.
- 7.7 If a clause or condition of this agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
- 7.8 In this agreement "ASDA" means ASDA Stores Ltd, and any of its group companies. ASDA shall be entitled to enforce the provisions of this agreement. 38