TERMS AND CONDITIONS: FREE WI-FI SERVICE

1. INTRODUCTION:

1.1

Vukile Property Fund Limited (herein referred to as “Vukile”) is the registered owner of various shopping centres within South Africa.

1.2

Vukile is desirous to offer, subject to such terms and conditions as it may implement from time to time, free (but controlled) Wi-Fi service at certain of its properties with the main purpose of gathering costumer data for analysis to ultimately improve the shopping experience.

1.3

Use of this Wi-Fi service offering is totally optional and shall be in the sole discretion, at the sole election and at own risk of each user. For purposes of this document “user” shall refer to each and every person who use the Wi-Fi service as envisaged herein.

2. LIMITATION OF LIABILITY

2.1

Vukile does not give any warranties or make any representations as to the accessibility, stability, reliability of, or bandwidth for the Wi-Fi service. Vukile further accepts no responsibility for any Wi-Fi faults, failures, timeliness, completeness, security or reliability of any communications (including any transactions) made using the Wi-Fi service.

2.2

Vukile shall not be held responsible for any breach in security of the device used or of information transmitted using the Wi-Fi service. Each user of the Wi-Fi service solely responsible for the security of his/her own device as well as any content, data or information downloaded or otherwise communicated via the Wi-Fi service. The user is also responsible for keeping all usernames, passwords and such other security-based information confidential and secure.

2.3

Vukile has the right at all times to immediately without any notice to any user terminate the offering at any and/or all of its properties within its sole and absolute discretion without any user having any claim against Vukile arising from such termination, interruption and/or suspension.

2.4

The user hereby agree that it shall have no claim of whatsoever nature against and hereby indemnifies and holds Vukile harmless against any claim of whatsoever nature arising from or relating to the use or the attempted use of the Wi-Fi service offered at the relevant properties or of the termination, suspension and/or interruption of such Wi-Fi service.

3. ACCESS TO AND QUALITY OF WI-FI SERVICES

3.1

Each user is responsible to provide and use its own wireless device with its own power source. No devices or power sources are available for use on the relevant properties.

3.2

The Wi-Fi service will only be accessible within range of the Wi-Fi signal in designated areas at each property and access in all locations on each property cannot be guaranteed.

3.3

Accessibility and availability of the Wi-Fi service is subject to independent service providers. Vukile shall not be held liable in any circumstances should the Wi-Fi service not be available for whatsoever reason, regardless of the duration of the interruption or suspension of the service. Interruptions and unavailability may also be caused by other factors such as the features of your mobile device, the range and strength of the Wi-Fi signal and the network and/or the traffic of other customers logged onto the Wi-Fi service.

4. THE APPLICATION AND RULES

For purposes of these Terms and Conditions (including the Privacy Notice referred to herein, “application” shall refer to the “Connect Waya Waya” (or such other name as Vukile may elect from time to time) application through which access to the free Wi-Fi Service is gained.

4.1

To make use of the free Wi-Fi service, the user must (if it elects to use the service) register by connecting to the @WayaWaya Wi-Fi service which connection will only be available as set out in 3.2 above. The option to download the application will appear from the “Prompt Page”, the Level Up Page” and the “Help Page”. The user will be required to provide certain detail such as, name, surname, cell phone number and e-mail address. The type of personal information obtained will depend on what the user is willing to divulge through the application and also on the extent to which the user engages with the application. In order to achieve a higher level based on points, more personal information will be required. Once the required details have been completed a “one time password” (OTP) will be sent to the selected cell phone number to activate the service.

4.2

Additional personal information will be requested via the application and providing such personal information shall at all times remain within the election of the user. If however this information is divulge to Vukile, Vukile shall be entitled to store, use and distribute same in accordance with the Privacy Notice applicable to the free Wi-Fi service. For more information please refer to www.connectwayawaya.co.za/privacy-notice

4.3

Rules for the use and enjoyment of the free Wi-Fi service are set by Vukile in its sole and absolute discretion and may, together with these terms and conditions, be amended from time to time. It is important that users peruse and consider the Terms and Conditions on a regular basis to familiarize itself with any amendments.

4.4

The Rules applicable to the use of the Wi-Fi service can be summarized as follows:

4.4.1

Upon registration (as set out in 4.1 above) the user will earn a determined amount of points which will be relevant to the reward system explained below as well as a determined time period of free Wi-Fi use, subject to what is recorded below;

4.4.2

Once you are registered you are required to login via the application (at any Vukile property where the service is available) at least once every three months in order to retain your user status and points earned. If you fail to do this, all points earned up to such date will be lost but you can reregister as a user again;

4.4.3

Each user is further required to complete at least 1 (one) mini survey (as will appear in the application from time to time) failing which will have the same results as a failure described in 4.4.2 above. Users are however restricted to complete a maximum of 2 (two) mini surveys per month and which will earn the user a determined amount of points per completed survey;

4.4.4

Each time a user logs in after registration a determined time period of free Wi-Fi will be available and a determined amount of points will be earned;

4.4.5

Free Wi-Fi earned by registering or logging in cannot be “banked” for future use. It is a once off offer and if not used immediately and at once, will be lost;

4.4.6

Points earned will accumulate and will enable the user to claim rewards and gain access to the free Wi-Fi relevant to the points-status of the said user. The more points accumulated, the longer the session of free Wi-Fi and the more rewards will be available;

4.4.7

The number of tasks per day to earn free Wi-Fi is unlimited;

4.4.8

Users are required to verify the personal details provided at registration (or any additional personal information provided subsequent to that) on at least an annual basis and not more than once every month. By verifying personal information users will also earn points relevant to the rewards system;

4.4.9

Rewards offered will depend on participating tenants’ and other parties’ offering within the relevant shopping centre and will consist mostly of discounted offers at selected and participating shops and special promotions as well as any other rewards and/or opportunities which Vukile may from time to time implement in its sole discretion. It will not be redeemable in cash under any circumstances and will vary from time to time in nature and value. Points earned are not associated with currency and does not have an actual monetary value. Points will further not be decreased when rewards are redeemed although rewards can only be claimed as a once off.

4.4.10

The amount of points accumulated by the user will determine the level of the user. The higher the level (in other words the more points accumulated) the more rewards and opportunities will be available to the user.

5. USE OF THE WI-FI SERVICE

5.1

The user shall not: –

5.1.1

use the free Wi-Fi service for any purpose or in connection with anything which may be, in the discretion of Vukile, inappropriate, offensive, unlawful or illegal and shall not allow any other person to use its device for such a purpose. To this effect the user acknowledges that Vukile may from time to time restrict or deny access to certain sites in its sole discretion, this includes a restriction on live streaming of any material whatsoever;

5.1.2

do or omit to do anything which will in any way interfere with or compromise the Wi-Fi service at the Property;

5.1.3

transmit any spam, junk mail or any other unsolicited content or anything which contain malware that may damage, modify, delete, detrimentally affect, interfere with, surreptitiously intercept, access without authority or expropriate any system, information, individual or entity (where applicable) and/or the Wi-Fi service;

5.1.4

in any way whatsoever abuse the free Wi-Fi service;

5.1.5

use, reproduce or distribute any copyright, trademark or other intellectual property right embodied in Vukile’s logo, text, images, video or any other content on the application or accessed through the Wi-Fi service.

5.2

A failure by the user to observe the Terms and Conditions and specifically, without derogating form the generality of the aforegoing, this clause 5, will entitle Vukile to immediately, without notice, suspend, either permanently or temporarily in the discretion of Vukile, the user’s access to the Wi-Fi service provided at any and/or all of Vukile’s properties where similar services are available.