TO PROTECT YOUR OWN INTERESTS YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT RULES BEFORE USING THE WIFI SERVICE. If you are uncertain as to your rights under these rules or you want any explanation about then please email firstname.lastname@example.org or contact us at our offices at Milford Marina.
1.1 These terms and conditions of use (Rules) explain how you may use the Milford Marina Wifi Service. You should read these Rules carefully before using the Service. By accessing or using the Service (or otherwise indicating your consent), you agree to be bound by these Rules. If you do not agree with or accept any of these Rules, you should cease using the Service immediately. If you have any questions about this service, please email email@example.com, or contact us at our offices at Milford Marina.
In these Rules, the following words have the following meanings:
Additional Terms has the meaning given to it in subclause 3;
Equipment has the meaning given to it in subclause 5.3;
Hot Spot means physical location of the access points offering the Service;Malware means any malware (including, but not limited to, any viruses, worms, Trojan horses, spyware, adware, time bombs, logic bombs or keystroke logging software) or other similar harmful or malicious software code;
Representations has the meaning given to it in subclause 11.6;
Rules has the meaning given to it in subclause 1.1;
Service means the Milford Marina Wifi Service which we provide you with access to on a temporary basis whilst your vessel is berthed at Milford Marina;
Unwanted Contributions has the meaning given to it in subclause 6.4;
we, us or our means Milford Marina which is located at Cleddau House, Milford Marina, Milford Haven SA73 3AF, and is a trading subsidiary of Milford Haven Port Authority whose head office is at Gorsewood Drive, Hakin, Milford Haven SA73 3EP;
you or your means the person accessing or using the Service.
3 Additional Terms
We may add to or replace these Rules with additional terms and conditions (Additional Terms) which relate to the Service at any time. Additional Terms will be made available on the relevant pages of our website www.milfordmarina.com. You should therefore check our website from time to time to see whether any Additional Terms apply to you. Additional Terms shall prevail to the extent there is any conflict or inconsistency with any other of these Rules.
Our goal is to make the Service as accessible as possible. To report a fault with the Service, please email firstname.lastname@example.org or contact us at our offices at Milford Marina. We do not, however, guarantee the availability of the internet or access to the internet via the Service at any time.
5 How to access or use the Service
5.1 If you wish to access and use the Service you need to request an access code from the Milford Marina office. A unique code will be provided to you for a set time period ranging between 24 hours and 1 calendar month. This code is unique to your vessel and issued to you in good faith. Your unique code must not be passed onto any third parties.
5.2 A fair usage policy of up to 20GB is in place, and the Service will automatically cut off if this limit is exceeded. Milford Marina reserves the right to withdraw the Service at any time.
5.3 You are responsible for providing the relevant hardware, software and other equipment to access and use the Service (Equipment) and we do not guarantee that the Service is compatible with, or can be accessed via, such Equipment.
5.4 You must be in range of one of our Hot Spots in order to access and use the Service.
5.5 Access to the Service is free of charge provided that you have a vessel berthed at Milford Marina.
6.1 The Service is for your personal and non-commercial use only. You agree, when you access and use the Service, that you will:
6.1.1 not introduce or transmit any Malware into our systems or those of any third parties;
6.1.2 not access any violent, pornographic or illegal material nor do anything to promote such material or any activity that is illegal;
6.1.3 not use it to make inappropriate communications which include, but are not limited to, any:(a) spam, junk mail, chain letters, material regarding any pyramid promotional schemes, or similar material;(b) hostile messages (also known as ‘flaming’ or ‘bashing’) or where any third parties are befriended in an abusive or exploitative manner (also known as ‘grooming’);
6.1.4 not bring us or the Service into disrepute;
6.1.5 will not engage in any improper activities including, but not limited to, using the Service to:(a) undertake any activity that is illegal or improper such as accessing, using or promoting any material which:(i) is invasive of a third party’s privacy;(ii) means that we are liable to any third party;(iii) infringes the rights of any third party, or means that you are in breach of any duty that you have towards a third party or generally; (iv) contains statements or suggestions that we endorse any other business, product or service unless we have separately agreed to do so in writing;(v) is in contempt of court;(vi) is harmful, threatening, harassing or offensive;(vii) is discriminatory;(viii) has fraudulent purposes (including, but not limited to, impersonating any other person or not being entirely truthful to us when you register as a user of the Service);(ix) is defamatory, derogatory or offensive;
6.1.6 unless expressly permitted in law, not reverse engineer, decompile, copy, modify, distribute, transmit, license, sub-license, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Service or any content on it;
6.1.7 be solely responsible:(a) for all costs and expenses you incur when using the Service;(b) for keeping your password and other account details confidential.
6.2 We may stop or suspend your access to the Service if you do not comply with any part of these Rules or any applicable law.
6.3 We will decide, acting reasonably, whether you have breached any of these Rules.
6.4 The Service is not a secure means of communication and any information that you supply to any third parties when using the Service may not be kept confidential. Therefore, you should not use the Service in connection with any material that you regard as being confidential, commercially sensitive or valuable (Unwanted Contributions). We will not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such Unwanted Contributions.
7 Ownership, use and intellectual property rights
7.1 The Service and all intellectual property rights in the Service are owned by us and/or our licensors.
7.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
7.3 Nothing in these Rules grants you any rights in the Service other than as is necessary to enable you to access and use the Service. You agree not to adjust, try to circumvent or delete any intellectual property notices contained on our website and, in particular, in any digital rights or other security technology embedded or contained within any content.
8 Accuracy of information and availability of the Service
8.1 While we use reasonable efforts to make the Service available; uninterrupted; accessible at a reasonable speed; and operate in a safe environment for the period of use, we do not promise (known as a warranty in law), whether expressly or by implication (except as otherwise expressly required by any applicable law), that the Service fulfils the above criteria at all times or is or remains:8.1.1 free from any Malware;8.1.2 free from any bugs, errors or omissions.
8.2 Your use of the Service and any reliance that you may place on any information accessed through using the Service is at your own risk.
8.3 Access to the Service is permitted on a temporary basis only and we may suspend or terminate the operation of the Service, or change the specification or manner of use of the Service at any time at our discretion without notice.
9 Hyperlinks and third-party sites
Our website may contain hyperlinks or references to third-party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
10 Our promises and limitation of liability
10.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
10.2 fraud or fraudulent misrepresentation;
10.3 breach of any of the provisions implied into these Rules under the Consumer Rights Act 2015 (or any other law)we will not be liable to you for any loss or damage which you may incur as a result of your use of the Service or the unavailability of the Service, which shall include without limitation any indirect or consequential losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
11.1 Unless otherwise expressly stated in these Rules, all notices from you to us must be in writing and sent to our contact address Milford Marina, Cleddau House, Milford Marina, Milford Haven SA73 3EP, and all notices from us to you will be displayed on our website, www.milfordmarina.com, from to time.
11.2 We shall have no liability to you for any breach of these Rules caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11.3 If any part of these Rules is unenforceable the enforceability of any other part of these Rules will not be affected.
11.4 If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
11.5 Except for our group companies, affiliates, directors, employees or representatives, a person who is not a party to these Rules has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Rules but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11.6 These Rules contain the entire understanding and agreement between us and you in relation to your use of the Service. You confirm that you have not relied upon any statement or other communication whether written or otherwise made by us (Representations) in connection with these Rules. They replace any Representations which are not contained in these Rules.
11.7 Except for fraud or fraudulent misrepresentation, we shall have no liability to you for any Representations being untrue or misleading.
11.8 You may not transfer any of your rights and duties in these Rules to any other person (this includes, but is not limited to, a transfer by way of assignment or sublicence).
11.9 We will try to solve any disputes quickly and efficiently. If you are unhappy with the way we deal in which we deal with any dispute and you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Rules. Relevant United Kingdom law will apply to these Rules.