Terms of Service

1. Introduction

Think Digital X Pty Ltd (TDX) provides users with access to its Wi-Fi network which facilitates use of the World Wide Web and electronic mail via a wireless connection, hereafter referred to as the “Service”.

By using the Think Wi-Fi service, you agree to be bound by the following terms and conditions (“TDX Terms of Service”), which is a binding agreement between you and Think Wifi Pty Ltd / Think Digital X Pty Ltd. This service is provided as a free, public service to any member of the public, where this service is available.

TDX does not guarantee the Service or specific rates of speed. TDX also has no control over information obtained through the Internet and cannot be held responsible for its content or accuracy. Use of the service is subject to the user’s own risk.

We reserve the right to remove, block, filter, or restrict by any other means any material that, in our sole discretion, may be illegal, may subject us to liability, or may violate this Policy. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violations of this Policy may result in the suspension or termination of access to the Service or other resources.

2. Interpretation of this Agreement

• “The/This agreement” – Means these Terms of Service, which TDX may, from time to time, impose in respect of the service, as amended and updated from time to time.
• “Service(s)” – Means the service described in the introduction above and any other service that you may subscribe to or which may form part of TDX’s offering from time to time.

3. Responsibilities of Service Users

Users understand and are responsible for ensuring they are running up-to-date anti-virus software on their wireless devices. Users must be aware that, as they connect their devices to the Internet through the Service, they expose their devices to worms, viruses, Trojan horses, denial-of-service attacks, intrusions, packet-sniffing, and other abuses by third parties.

TDX cannot be held responsible for security breaches occurring on the user’s electronic device (Mobile Telephone, Personal Computers, or other electronic devices used to access the service), which may result due to the lack of adequate virus protection software or spyware that you may have installed on your device.

It is the user’s responsibility to take precautions and provide security measures that are suited to your situation and your intended use of the service. We highly discourage users from conducting confidential transactions (such as online banking, credit card transactions, etc.) over any wireless network, including this Service.

4. Limitations of Liability

We are not liable for any damage, undesired resource usage, or detrimental effects that may occur to a user’s device and/or software while the user’s device is attached to the Service. The user is responsible for any actions taken from his or her device, whether intentional or unintentional, that damage or otherwise affect other devices or users of the Service. The user hereby releases Think Wifi / TDX from liability for any loss, damage, security infringement, or injury which the user may sustain as a result of being allowed access to the Service. The user agrees to be solely responsible for any such loss, infringement, damage, or injury.

5. Terms of Service Acceptance

By signing in and using the service, the user agrees to comply with and to be legally bound by the terms of this Policy. If this Policy or any terms of the Service are unacceptable or become unacceptable to the user, the user’s only right shall be to terminate his or her use of the Service.

6. Lawful Use & Prohibited Activities

The Service may only be used for lawful purposes and in a manner which we believe to be consistent with the rights of other users. The Service shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right, or any other right of any person or entity. The Service shall not be used for the purpose of accessing, transmitting, or storing material which is considered obscene, libellous, or defamatory.

Under these terms, users are strictly prohibited from the following activities:

• Utilizing the service to gather email addresses and/or names for commercial, political, charity or like purposes, or using the service to collect personal information about third parties without their knowledge or consent;
• Violating copyrights – downloading or sharing copyrighted materials is strictly prohibited;
• Running programs, services, systems, processes, or servers that substantially degrade network performance or accessibility;
• Sending electronic chain letters and mail bombs;
• Connecting to “Peer to Peer” file sharing networks or downloading excessively large files, such as CD/DVD ISO images;
• Accessing another person’s computer, account, files, or data without permission;
• Attempting to circumvent or subvert system or network security measures, or creating/running programs designed to identify security loopholes, decrypt secured data, or gain unauthorized access;
• Using any means to decode or otherwise obtain restricted passwords or access control information;
• Forging the identity of a user or machine in an electronic communication;
• Saturating network or computer resources to the exclusion of others (e.g., overloading the network with excessive traffic or denial-of-service attacks).

7. User Specific Agreement Conditions

The user specifically agrees to use the Service only as permitted by South African laws. The user will refrain from any actions considered negligent or malicious. The user will not send emails containing viruses or malicious software, will run appropriate anti-virus software, and will not access websites containing material that is grossly offensive, defamatory, abusive, threatening, or expresses bigotry, racism, or hatred.

8. Jurisdiction

The user hereby consents to the jurisdiction of the Magistrate’s Court in the Republic of South Africa for any proceedings that may be initiated by TDX arising out of this agreement, provided that TDX shall always be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the user consents to the jurisdiction of such court and agrees that costs shall be calculated in accordance with the tariff of such court.

9. Changes to Service

We reserve the right to change the Service offered, the features of the Service offered, the terms of this Policy, or our network systems without prior notice to the user.

For inquiries regarding these terms, please contact legal@tdx.media.