Please read these terms and conditions carefully. Together with our privacy policy, they govern our relationship with you in relation to this Extranet at https://www.extranet.thecloud.net/ ("the Extranet"). If you have any questions about them or do not wish to accept them, please contact us at wifisupport@bskyb.com before using this Extranet.
| 1. | Information about us |
| 1.1. | This Extranet is operated by The Cloud Networks Limited, a company registered in England under number 5141256 and whose registered address is Third Floor, 4 Victoria Square, St Albans, AL1 3TF, and whose registered VAT number is GB/839621406 ("The Cloud"). In these Terms "us", "we" or "our" means The Cloud and "you" or "your" means the individual (acting in their own capacity or on behalf of their employer) using our Extranet. You can contact us by e-mail at wifisupport@bskyb.com |
| 2. | Terms governing your use of the Extranet |
| 2.1. | The following terms and conditions together with the separate privacy policy ("Terms") govern your use of the Extranet. |
| 2.2. | Your use of the Extranet indicates your acceptance of these Terms. If you do not agree to our Terms, you must not use the Extranet. |
| 2.3. | Access to the Extranet is restricted to authorised users who hold a valid username and password issued by The Cloud (or a cloud subsidiary company pursuant to the agreement with your organisation) or a super user (defined below). If you are not an authorised USER you must not use or attempt to use the Extranet. You can contact us at webmaster@thecloud.net for further information on use of the Extranet. |
| 2.4. | We reserve the right, at our discretion, to modify, add to or remove any of the Terms by updating this page at any time. You should check this page from time to time to review these terms and conditions to ensure you are happy with any changes. Your continued use of the Extranet following the updating of the Terms shall mean you accept those changes. |
| 2.5. | When you visit this Extranet, or send emails to us, you are communicating with us electronically and we will communicate with you by email or by posting notices on the Extranet. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. |
| 2.6. | Where we have agreed with you pursuant to your separate agreement with us for the supply of a WLAN Service ("Agreement") that you may purchase vouchers for your customers to access The Cloud WLAN Service ("Internet Access Vouchers") through the Extranet, the purchase of such Internet Access Vouchers will be subject to these Terms and the terms set out in the Agreement. |
| 2.7. | A 'Super User' is a user of your organisation authorised by The Cloud (or a subsidiary company of The Cloud pursuant to an agreement) who has been granted a right to issue further passwords and usernames to a user of the same organisation for the purposes of using the Extranet. |
| 3. | Licence granted to you |
| 3.1. | The Cloud grants you a non-exclusive licence to use the Extranet upon the Terms. |
| 3.2. | The Cloud may terminate this licence at any time if you are in breach of any of the Terms. |
| 4. | Materials in this Extranet |
| 4.1. | This Extranet contains material which is owned by or licensed to The Cloud. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any documents on the Extranet as well as any other content. It is protected by intellectual property laws including, but not limited to, copyright. |
| 4.2. | All trademarks reproduced in this Extranet which are not the property of or licensed to The Cloud are acknowledged on the Extranet. |
| 4.3. | You may view, use, download and store the material on this Extranet for internal business use only. Any other use is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this Extranet to third parties is prohibited. |
| 4.4. | Unauthorised use of this Extranet may give rise to a claim for damages and/or be a criminal offence. |
| 5. | Accuracy of Information |
| 5.1. | The information in this Extranet is given in good faith and for general information and interest only. It is subject to change without notice. The Cloud is not responsible for any inaccuracies and makes no representation and gives no warranty as to its accuracy. |
| 5.2. | The information in this Extranet should not be relied on and does not constitute any form of advice or recommendation. By using this Extranet you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the Extranet are entirely at your sole risk and responsibility. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Extranet. Our liability to you as explained in clause 8 remains unaffected by this. |
| 6. | Linking |
| 6.1. | This Extranet may contain links to other websites. The Cloud accepts no responsibility or liability for the content of other websites that are not under the strict control of The Cloud. Any link is not intended to be, nor should be construed as, an endorsement of any kind by The Cloud of that other website. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit. |
| 6.2. | You may not create a link to this Extranet from another website or document without our express written permission. |
| 7. | Contracting with us Online |
| 7.1. | Nothing on this Extranet is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for those terms and conditions which govern the relationship between us in relation to your use of the Extranet and the purchase of Internet Access Vouchers. |
| 7.2. | If you make a contract with a third party who is named or referred to on this Extranet, it is your responsibility to ensure that you are happy with that contract and to take legal advice if necessary. |
| 8. | Liability |
| 8.1. | The Terms do not exclude The Cloud's liability (if any) to you for personal injury or death resulting from The Cloud's negligence, for fraud or for any matter in respect of which it would be illegal for The Cloud to exclude or to attempt to exclude its liability. |
| 8.2. | The Cloud does not guarantee that this Extranet will be compatible with all hardware and software which you may use. |
| 8.3. | WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A RESULT OF A BREACH OF THESE TERMS AND CONDITIONS BY US. WE ARE NOT RESPONSIBLE TO YOU FOR ANY LOSSES WHICH YOU MAY INCUR WHICH WERE NOT A FORESEEABLE CONSEQUENCE OF OUR BREACHING THESE TERMS AND CONDITIONS, FOR EXAMPLE IF YOU AND WE COULD NOT HAVE CONTEMPLATED THOSE LOSSES BEFORE OR WHEN YOU ACCESSED THIS EXTRANET. OUR LIABILITY TO YOU SHALL NOT IN ANY CIRCUMSTANCES INCLUDE LOSSES RELATING TO ANY BUSINESS, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION. |
| 8.4. | IF THE CLOUD IS FOUND TO BE LIABLE TO YOU, SUBJECT TO CLAUSE 8.1 AND WITHOUT PREJUDICE TO CLAUSES 8.2 AND 8.3, THE CLOUD'S LIABILITY SHALL BE LIMITED TO DIRECT LOSS AND TO THE HIGHER OF ONE THOUSAND POUNDS (£1,000) OR THE AMOUNT YOU PAID FOR THE SERVICES GIVING RISE TO THE CLAIM. |
| 8.5. | The Cloud's liability to you in relation to the purchase of Internet Access Vouchers via the Extranet shall be governed in accordance with the terms of your Agreement. |
| 9. | Privacy |
| 9.1. | The Cloud's privacy policy can be accessed from this link. This privacy policy forms part of these Terms and you should read it carefully. |
| 10. | Site User Management and Purchase of Internet Access Vouchers |
| 10.1. | Subject to these Terms and your access rights (as may be granted to you by The Cloud in its absolute discretion pursuant to your Agreement) you may use (where available) the Extranet for:
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| 10.2. | You may purchase Internet Access Vouchers if agreed under the terms of your Agreement. |
| 10.3. | The Cloud (or a subsidiary of The Cloud) or a Super User may at its discretion issue to you passwords and usernames for the purpose of using the Extranet. The passwords and usernames are issued to you personally and you are responsible at all times for: (a) maintaining the confidentiality of the usernames and passwords; and (b) all activities that occur under them. You must not use or attempt to use the Extranet unless you have been issued with a valid username and password. |
| 10.4. | You will be liable for all losses, damages, costs and expenses, direct or indirect, however incurred, suffered by The Cloud due to the loss, misuse and/or disclosure of your username and password whether such use was with or without your consent. |
| 10.5. | If it comes to the attention of The Cloud that you have given others access to your username or password, The Cloud reserves the right to terminate your right to use the Extranet immediately. |
| 10.6. | You must not use or attempt to use the Extranet:
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| 10.7. | The Cloud reserves the right to suspend your use of the Extranet if it: (a) reasonably believes that your use of it is unreasonably excessive; or (b) reasonably believes that you are using the Extranet for criminal or illegal activities; or (c) you are otherwise in breach of these Terms or the terms of your Agreement. |
| 10.8. | You do not have the right to resell access to the Extranet to a third party unless expressly permitted by The Cloud. |
| 10.9. | We shall use reasonable endeavours to provide uninterrupted access to the Extranet. The Cloud will always try to accomplish routine maintenance outside of regular business hours, and will, whenever possible, provide advance notice of maintenance or other suspension of the Extranet. We must, however, reserve the right to modify or temporarily suspend the Extranet or any part of it without notice to you for emergency technical repair. |
| 11. | Complete Agreement |
| 11.1. | These Terms (including the privacy policy referred to in clause 9) contain all the terms which You and The Cloud have relied on and agreed to in relation to the use of the Extranet. |
| 12. | Jurisdiction and acceptance of these terms and conditions |
| 12.1. | This Extranet is controlled and operated by The Cloud from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these Terms or any dispute in relation to the services or the materials contained in this Extranet shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Terms. |