Terms of Conditions

INTRODUCTION TO THE WEBSITE AND SERVICES

1. HOP offers users access to open net-neutral internet through the hop Wi-Fi network points located in public transport services in exchange for users engaging with advertisers through the Website and/or application. Users also have the option of purchasing items such as, airtime, data bundles, electricity, and retail vouchers through the application.
   (collectively, the “Services”).

2. These Terms explain the conditions applicable to how users must make use of the Website and the core provisions applicable to a user’s use of any Services derived from HOP.

3. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon HOP uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

4. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

RELATIONSHIP BETWEEN THE PARTIES AND REGULATORY OVERSIGHT

1. For all Services provided, HOP does not have an agent, intermediary, advisory, nor representative relationship with any user. Your use of the Website or the Services is entirely at your own risk and based on your own volition and expertise.

2. HOP does not provide any regulated financial, advisor, nor payment services. As such, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, other than those concerning general consumer rights.
   

SIGN-UP PROCESS

1. To make use of the Services, users must access our application. Once accessed, they will simply need to enter their cellphone number to gain access to the Services. The application is accessed through our website or downloading the progressive web application.

2. By providing us with your personal information, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for all actions perpetrated on the application.

3. Please see HOP’s Privacy Policy regarding more details on how HOP uses and processes your personal information.

THE SERVICES

1. The following details some of the services available to users:

   1. Access to free Wi-Fi:

      1. By inputting their cellphone number into the application, users gain access to free Wi-Fi by engaging with advertisers.

      2. For more information on how this Service works, please see our “How it Works” on our application Home page and/or contact us at info@hopwifi.app.

   2. Engaging with our Social Media platforms:

      1. Follow our Instagram page, hopwifi for up to date and exciting happenings in our company.

2. For further and exact information on the various Services currently offered by HOP, or those specific to you, please consult the relevant Home page on the Website or please contact info@hopwifi.app for further assistance.

PAYMENT FOR HOP SERVICES

The use of Website and the Services is free. Users need only watch and/or engage with advertisements from HOP sponsors to gain access to the free Hop Wi-Fi network.

USER RESPONSIBILITIES AND WARRANTIES

1. By using the Website and/or the Services, you warrant that:

   1. you have read and agreed to these Terms and will use the Website and Services in accordance with them;

   2. you understand and agree that HOP is not a regulated advisory, nor payments service provider and you take all responsibility for the decisions you make via or from the Website and/or Services;

   3. you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;

   4. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms or where you are under the age of 18, your parent and/or guardian consents to your use of the Services and shall be responsible for your actions on the Website or application;

   5. you lawfully possess and submit all information to the Website and/or HOP for the use of it or the Services;

   6. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;

   7. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;

   8. you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute;

   9. you will not use the Website or application for any commercial purpose other than as expressly provided for by HOP herein;

   10. you will not use the Website or the Services to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or

   11. you will not facilitate or assist any third party to do any of the above, failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing HOP to manifest all of its rights in the case of breach, including but not limited to denying you access to the Website/Services, reporting your actions to an applicable authority, demanding specific performance and/or suing you for damages.

2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.

3. Without prejudice to any of HOP’s other rights (whether at law or otherwise), HOP reserves the right to deny you access to the Website or the Services where HOP believes (in its reasonable discretion) that you are in breach of any of these Terms.

4. HOP does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

RECEIPT AND TRANSMISSION OF DATA MESSAGES

1. Data messages, including email messages, sent by you to HOP will be considered to be received only when acknowledged or responded to.

2. Data messages sent by HOP to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

3. HOP reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.

4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. HOP is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from HOP to a user, between users or from a user to HOP.

HYPERLINKS, DEEP LINKS, FRAMING

1. The Website may include links to other internet sites ("the other sites"). HOP does not own or endorse the other sites and is not responsible for the information, material, products, or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.

2. HOP does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to info@hopwifi.app to request the removal of such content.

3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites.

ADVERTISING AND SPONSORSHIP

1. The Website and application rely on advertising and sponsorships to provide users with access to free Wi-Fi. The Website may therefore contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring the material they submit for inclusion on the Website complies with all applicable laws and regulations.

2. HOP, its shareholders, directors, employees, partners, affiliates, and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any advertising or sponsorship material displayed on the Website.

INTELLECTUAL PROPERTY PROTECTION

1. All website layout, website content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code and everything submitted by a user to the Website and HOP in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by HOP, its shareholders, directors, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

2. For clarity, all rights to any intellectual property provided by a user to the Website (including any feedback or survey responses) will remain with the user, but for which the user has provided HOP with a non-exclusive, non-transferable licence to use such user intellectual property as HOP deems fit on the Website and/or in advertising, for as long as the user uses the Website.

3. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of HOP first being granted, which consent may be refused at the discretion of HOP. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, HOP and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.

4. HOP reserves the right to make improvements or changes to the intellectual property, information, videos, artwork, graphics, and other materials on the Website, including that of a user, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).

5. Where any of the Website intellectual property has been licensed to HOP or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.

6. Subject to adherence to the Terms, HOP grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of HOP.

7. Any enquiries regarding any of the above relating to intellectual property must be directed to HOP at info@hopwifi.app.

DISCLAIMERS AND WARRANTIES

1. The Website and Services, including intellectual property appearing therein, are provided "as is" and "as available". HOP makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Website or the Services.

2. All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not HOP. While HOP makes every reasonable effort to present such information accurately and reliably on the Website, HOP does not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Website.

3. HOP, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services offered.

4. HOP, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.

5. HOP takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website offline. However, HOP does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.

INDEMNITIES

1. The user indemnifies and holds harmless HOP, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with the user’s use of the Website and/or Services in any way.

2. The user agrees to indemnify, defend, and hold HOP harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.

3. This clause will survive termination of this agreement.

COMPANY INFORMATION

1. Site owner: HOP WIFI (PTY) LTD

2. Legal status: Private Company

3. Registration number: 2023/527695/07

4. Director: James Barry Botha

5. Description of main business: Free access to Wi-Fi

6. Telephone number: 083 785 8046

7. Email address: info@hopwifi.app

8. Website address: http://hopwifi.app

9. Physical address: 26 Blinde Street, Zonnebloem, Cape Town, 7925

10. Postal address: 26 Blinde Street, Zonnebloem, Cape Town, 7925

11. Membership of any Association: N/A

DISPUTE RESOLUTION AND GOVERNING LAW

1. The user’s access and/or use of the Website and/or Services and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.

2. Should any dispute, disagreement or claim arise between a user and HOP concerning the use of the Website or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

3. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.

4. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by HOP. Arbitration proceedings shall be conducted in Johannesburg in English.

5. Notwithstanding the above, both parties' consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

TERMINATION OF USE OF WEBSITE OR SERVICES

IN ADDITION TO ITS OTHER RIGHTS HEREIN, HOP RESERVES THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF THE WEBSITE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT HOP GIVES REASONABLE NOTICE TO YOU.

NOTICES AND SERVICE ADDRESS

1. Each of the parties chooses their service address for the purpose of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

   1. in the case of HOP, at info@hopwifi.app; or

   2. in the case of the user, at the cellphone number provided by the user to HOP.

2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

GENERAL

1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.3 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

2. No indulgence, leniency or extension of time granted by HOP shall constitute a waiver of any of HOP’s rights under these Terms and, accordingly, HOP shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

4. The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

5. The user’s access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

6. Should you have any complaints or queries, kindly address an email to HOP at info@hopwifi.app of same.

7. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by HOP in relation to the payment failure or breach.

8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.8.