Terms of Use of the Firestar Wireless Network

Acceptance of Terms
1. All members of the public are welcome to use the Firestar (WiFi) Wireless Network ("Firestar Wireless Network") and agree to the following Terms of Use. These terms of use are current. By using the Firestar Wireless Network you accept these Terms of Use. If you do not agree to these Terms of Use, or any subsequent amendments, please do not use the Firestar Wireless Network.
2. We may amend these Terms of Use at any time.
3. As a condition of your use of the Firestar Wireless Network, you warrant to us that you will not use the Firestar Wireless Network for any purpose that is unlawful or prohibited by these Terms of Use.
4. Please read these Terms of Use carefully as they contain exclusions and limitations of our liability to you and affect your rights and liabilities under the law.
5. These Terms of Use shall apply from the time that you accept these conditions forevermore, each and every time you use our services and we are under no obligation to obtain acceptance of terms of use at each time of use, where you have registered with us.
Definitions
1. In these Terms of Use where the following terms are used, they shall have the following meanings:
  1. "Access Voucher, PIN or PIN Card" means a voucher obtained from a Firestar WiFi Hotspot Zone with credit which allows you to access the Firestar Wireless Network.
  2. "Firestar WiFi Hotspot Zone" means a location where the Firestar Wireless network is available through one of our partners.
  3. "us", "we" or "our" means MGE Engineering Limited trading as Firestar WIFI Solutions.
  4. "you", "your" or "user" means the customer who is using the Firestar Wireless Network.
  5. "Website" means www.firestar.co.nz or www.winsite.co.nz.
Firestar Wireless Network operation, access and availability
1. The Firestar Wireless Network is a collection of independently operated wireless zones. To access the internet at a Firestar WiFi Hotspot Zone you must use a device which is capable of connecting to WiFi (802.11a/b/g/n/ac) access points. If you are unsure whether your device is capable of this, and are at a Firestar WiFi Hotspot Zone, we suggest you simply click on the free access buttons at your Firestar login page. If you can read these pages, the browser you are using is suitable.
2. Most modern (2004 and later) notebook computers and certain cell phones now have built-in capability. Your device must also have an internet browser capable of accessing the Firestar Wireless login page. All popular internet browsers such as Internet Explorer (including Windows Mobile versions), Firefox, Opera, Chrome, Safari etc. are capable of this.
3. We do not guarantee that all or any Firestar WiFi Hotspot Zone will be available at any time. Most Firestar WiFi Hotspot Zones provide a very reliable wireless broadband internet connection. However, if you have problems connecting to or using the internet at a particular Firestar WiFi Hotspot Zone, please let us know by sending an email from the free access button and we will try to resolve any issues the zone operator may be having.
4. You acknowledge and agree that the Firestar Wireless Network is provided "as is" and that we assume no responsibility for the timeliness, deletion, or unavailability of the Firestar Wireless Network for any reason.
5. You are responsible for ensuring that all persons who access the Firestar Wireless Network through your online account or using your Access Voucher are aware of these Terms of Use, and that they comply with them.
Charges, payments, billing and refunds
1. The Firestar Wireless Network operates on a pre-paid basis. This means that in order to connect to and use the internet through the Firestar Wireless Network at Firestar WiFi Hotspot Zones you must have credit available in your account or on any Access Voucher(s) you wish to use.
2. Access using Online Credit:
  1. Credit may be purchased online using a credit card or other payment method (where available) or by purchasing Access Vouchers directly from Firestar WiFi Hotspot Zone operators.
  2. Credit can be purchased online at any time, at any location. Credit purchased online can be used at any Firestar WiFi Hotspot Zone.
  3. Credit for the Firestar Wireless Network is active from the initial login and is valid as per your listed purchase schedule.
  4. Credit purchased online is subject to the rate selected on the https://login2.firestar.co.nz/fscc/myaccount.php?panel=topup menu page.
  5. Online credit account rates remain the same at all locations.
  6. A confirmation email is sent for all online credit purchases and a record of purchases may be viewed by using your Firestar Member login on www.firestar.co.nz webpage or login directly to https://login2.firestar.co.nz/fscc/index.php at any time. The menu shows details of your remaining data credit and any credit purchases you have made.
  7. Credit purchased online is non-refundable.
3. Access using Access Vouchers:
  1. Access vouchers are sold at the discretion of and at a price determined by individual Firestar WiFi Hotspot Zone operators and may not be available at all locations. The cost of Access Vouchers may vary from location to location. Some operators may choose to provide discounted Access Vouchers at their discretion.
  2. Access vouchers issued by Firestar WiFi Hotspot Zone operators may only be valid only at the zone at which they are obtained and may not be used at any other zones.
  3. The cost of any Access Vouchers purchased at Firestar WiFi Hotspot Zones may be refunded at the absolute discretion of and by the operator of the wireless zone at which the voucher was purchased. We will not provide refunds for the cost of, or credit on, any Access Vouchers.
4. Data use includes uploads and downloads sent to and from any device connected to the internet at any Firestar WiFi Hotspot Zone. This includes hidden or background software.
5. Hidden or background software may include Windows and other automatic software updates, peer-to-peer software (e.g. file sharing/Skype/Bit torrent), online games, spyware and viruses.
6. We do not accept any responsibility for any unwanted, hidden or background software used or running on any personal device connected to a Firestar WiFi Hotspot Zone.
7. It is the sole responsibility of a device owner to decide to use or disable non-essential, hidden or background software.
8. You may wish to use network monitoring software that may display what software is accessing the internet. It is important to be aware that there will be discrepancies in the amount of data used as measured by different network monitoring software. The amount of data that will be debited from your account is measured at the wireless router and all data (including protocol overhead etc.) sent to or from the internet is included. Different network monitoring software may over or under-estimate when compared with the actual amount of data that is sent or received as measured at the router. Although the measurements will vary, these tools may help you determine which applications are using data.
9. 1 megabyte is equal to 1048576 bytes.
10. Our software measures all data sent to and received from the internet. Please be aware that sending or receiving a file typically uses more data than just the file size. Some protocols can use significantly more data (e.g. Bit torrent) but any file will require more data to send or receive than simply the file size itself. The amount of data you use while connected to the internet as measured by the software running on the wireless router to which you connect is the amount that will be debited from your account.
11. A purchase prompt will appear when credit has expired. Please ensure that you have sufficient credit available at all times as unscheduled internet disconnection could prove inconvenient.
12. The "time and traffic remaining" on a Firestar WiFi Hotspot Zone connection is dependent on the voucher or credit purchased.
13. For security, the Firestar Network will log off automatically if your connection is unused for 5 minutes. This also helps to preserve remaining credit for any future use.
14. You may also choose to logout and close the connection or simply turn off their device.
15. Your device may remember your login details and automatically reconnect to the internet upon restarting, otherwise you will need to manually re-enter login details.
Illegal downloading
1. It is illegal in New Zealand for anyone to file share and download any copyright material without the consent and permission of the owner, author or authorised agent.
2. If you are caught doing any illegal downloading while connected to any Firestar WiFi Hotspot Zone you may be disconnected and lose all of your remaining credit and/or your details may be forwarded to any interested party who wishes to pursue the matter further.
Your Obligations
1. You agree that, when using the Firestar Wireless Network, you will provide true, accurate, current and complete information about yourself as prompted.
2. If you provide any information that is untrue, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, we have the right to refuse any and all current or future use of the Firestar Wireless Network (in whole or in part).
3. In using the Firestar Wireless Network, you must not:
  1. do or knowingly permit any act or omission that would damage or disrupt the Firestar Wireless Network or anyone else's use of it, or any provision of Services;
  2. use the Firestar Wireless Network:
    1. to breach copyright or other intellectual property rights held by us or anyone else;
    2. to send unwelcome communications of any kind to anyone (spam or chain letters to name a few);
    3. to abuse, defame, threaten, stalk or harass anyone;
    4. to publish, post, upload or distribute any bad language or unsuitable, obscene or discriminatory information of any kind;
    5. for running any network scanning software, spiders, spyware software, robots, open relay software or similar software;
    6. for introducing any viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else's, network or computer system.
    7. for using any software or device which may hinder the Firestar Wireless Network (like mail bombs, war dialling, pinging etc.);
    8. using a false identity to try to trick anyone for any reason,
Privacy Policy
1. To the extent that we collect any personal information about you through the Firestar Wireless Network, we will use that information for the purpose for which it was acquired in accordance with our Privacy Policy located at https://docs.firestar.co.nz/privacy.
Breach of these Terms of Use
1. When we consider that you have breached these Terms of Use, we may at our discretion take such action as we deem appropriate. Any carrying on of any Prohibited Use constitutes a material breach of these Terms of Use, and may result in us taking all or any of the following actions:
  1. Immediate, temporary or permanent withdrawal of your right to use the Firestar Wireless Network.
  2. Issue of a warning to you.
  3. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  4. Further legal action against you.
  5. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
2. If you breach these Terms of Use by using the Firestar Wireless Network for a Prohibited Use, you will forfeit any credit on your account or on any Access Voucher.
3. We exclude our liability for all action we may take in response to breaches of these Terms of Use. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
Your Indemnity
1. You agree to indemnify us against any losses or liabilities that we may suffer through a breach of these Terms of Use, by you.
2. You agree to indemnify and hold us and our officers, employees and contractors harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, exemplary damages, loss of profits or consequential loss) and expenses of any kind, whether direct or indirect, which arise from or in connection with any material or information you submit or transmit through the Firestar Wireless Network, your use of the Firestar Wireless Network, your breach of these Terms of Use, or your breach of any rights of any third party, or your act, omission or negligence.
Proprietary Rights
1. You acknowledge and agree that the Firestar Wireless Network and any necessary software used in connection with the Firestar Wireless Network (Software) contain proprietary and confidential information of ours that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Website or the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, reproduce, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Firestar Wireless Network or the Software, in whole or in part.
Legal Notices
1. You expressly acknowledge and agree that:
  1. your use of the Firestar Wireless Network is at your sole risk. To the fullest extent permitted by applicable law, we and any third parties connected to us expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of the Firestar Wireless Network to a standard of reasonable care and skill or as to non-infringement of any intellectual property right;
  2. we make no warranty or representation that: (i) the Firestar Wireless Network will meet your requirements; (ii) the Firestar Wireless Network will be uninterrupted, timely, secure, or error-free; or (iii) any errors in the Software will be corrected;
  3. downloading or otherwise obtaining any material through the use of the Firestar Wireless Network is done at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download of any such material; and
  4. no advice or information, whether oral or written, obtained by you from us shall create any warranty or other obligation on our part that is not expressly stated in these Terms of Use.
Limitation of Liability
1. You expressly acknowledge and agree that we, and any third parties connected to us, shall not be liable for:
  1. any direct, indirect, incidental, special, consequential or exemplary damages, costs, losses, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Firestar Wireless Network; (ii) unauthorised access to or alteration of your transmissions or data; or (iii) any other matter relating to the Firestar Wireless Network; and
  2. any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
3. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Firestar Wireless Network must be filed within 1 year after such claim or cause of action arose.
Viruses, Hacking and other Offences
1. You must not misuse the Firestar Wireless Network by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Firestar WiFi Hotspot Zone, our Website or any of our interests. You must not attempt to gain unauthorised access to the Firestar Wireless Network, or any server, computer or database connected to the Firestar Wireless Network. You must not attack the Firestar Wireless Network via a denial-of-service attack or a distributed denial-of service attack.
2. In the event of any breach of this clause 13, your right to use the Firestar Wireless Network will cease immediately.
3. We will not be liable for any cost, loss or damage caused or incurred by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Firestar Wireless Network.
Notice
1. Notices to you may be made via either email or regular mail. We may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on our Website.
Trademark Information
1. firestar.co.nz, the Firestar logo and product and service names are trademarks owned by us. You agree not to display or use such marks, logos and/or branding without our prior express written permission.
General Information
1. These Terms of Use constitute the entire agreement between you and us and govern your use of the Firestar Wireless Network, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
2. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New Zealand.
3. The New Zealand courts will have exclusive jurisdiction over any claim arising from, or related to, the Firestar Wireless Network, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
4. Nothing in these Terms of Use is intended to limit our rights under any applicable law.
5. Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
6. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
7. Neither you nor us may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any Related Party.
8. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.