Terms and Conditions of Use
By purchasing or using Dekal Wireless Jamaica Limited's ("Dekal") pre-paid time card or any other service/plan and/or logging on to Dekal's access web page or Service (as defined below), you ("You", "Yourself" or "Your") acknowledge and agree:
- To the Disclaimers and Warning set forth below in this document;
- To keep the pre-paid time card and login details (login name and password) thereon or any other login details for Your account pursuant to the relevant plan You purchased, in a safe and secure manner and not to share or disclose them to anyone;
- That You shall be fully liable and responsible for any loss, damage or theft of the pre-paid time card; and that Dekal is under no obligation to replace the pre-paid time card in case of any such loss, damage or theft;
- That the pre-paid time card purchased is personal to You and the login details thereon is for use on only one terminal / computer at any one time. No multi-terminal usage of a pre-paid time card at any one time is permitted. You may not lend, share, resell any login details of any pre-paid time card (including any logon/access to the Dekal network). Following login to Your account, You (including any person authorised by You) shall not and will not do any acts whereby Your account is or can be shared with any other person (including sharing of the bandwidth supplied by Dekal for your pre-paid time card account). Dekal may terminate Your account at any time if You are in violation of this policy.
- That You shall be fully liable and responsible to Dekal for any loss and damage caused to Dekal as a result of any of Your acts in relation to Your use of Dekal's internet service ("Service") (including any person(s) authorised by You); and You shall indemnify Dekal for any loss or damage caused by any of Your acts (including any person(s) authorised by You);
- That You understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access the Service; accordingly, You agree that You will be solely responsible to Dekal for all activities that occur under Your account; and if You become aware of any unauthorized use of Your password or of Your account, You agree to notify Dekal immediately by sending Dekal an email to Customer.Service@DekalWireless.com OR telephone (876) 6333525;
- That Dekal shall have the right to modify the terms of this agreement at any time, which modification shall be effective immediately upon posting at this website or, to the extent applicable, upon the expiry of such minimum notice period as required by the relevant laws of Jamaica for such modification to take effect; accordingly, Dekal suggests that You check this page periodically; to make Your review more convenient, Dekal will post a version number or date at the bottom of this page; these terms may also be modified by separate written agreement between You and Dekal;
- If any provision of this agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced; Dekal's failure to act with respect to a breach by You or others does not waive Dekal's right to act with respect to subsequent or similar breaches; any failure of Dekal to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision; and this agreement shall be interpreted in accordance with the laws of Jamaica;
- Unless in limited circumstances where You have been overcharged for a pre-paid time card and/or any other plans/services by Dekal based on its prevailing prices for the time being in effect of where You have purchased but have not been able to use in any way whatsoever a pre-paid card or other plan/service due to there being no Service, Dekal will not and does not issue any refunds or replacement on any pre-paid time cards and/or any other plans/services sold by Dekal nor any pre-paid cards and/or any other plans/services purchased by any person or party. Save for the foregoing exceptions, You are therefore not entitled to any refund and/or replacement of any pre-paid time card and/or any other plans/services (for any reason whatsoever and howsoever caused) purchased by You. Where it may appear that You have been overcharged as above-mentioned or that You have purchased a pre-paid time card and/or any other plans/services from Dekal but have been unable to use in any way whatsoever such pre-paid card / other plan due to there being no Service, Dekal shall investigate the circumstances and after verifying that the circumstances require a refund to be given as provided above, shall issue a refund based on the price of the pre-paid card / other plan in effect at the date of Your purchase. In any other cases of dispute, Dekal may at its sole discretion (without any obligation whatsoever to do so) issue additional internet time;
- Unlimited use JA$197.50 per day for 4Mbs download / 256Kbs upload speed, unlimited use JA$150 per day for 256Kbs download / 128Kbs upload speed, unlimited use JA$1,200 per 7 days for 4Mbs download / 256Kbs upload speed, unlimited use JA$960 per 7 days for 256Kbs download / 256Kbs upload speed, unlimited use JA$2,400 per 30 days for 4Mbs download / 256Kbs upload speed, respectively, and any other advertised or listed offer/prices published by Dekal is/are offered for a limited period only. Dekal can at its sole discretion (and Dekal hereby reserves the right to) change the usage, price and the download speed of its service and/or any offer/prices, at any time. Any such changes will be posted at this website or, where applicable to the previously published offer / prices in question, published via newsprint media and shall take effect immediately upon such posting or publication (as the case may be) or, to the extent applicable, upon the expiry of such minimum notice period as required by the relevant laws of Jamaica for such changes to take effect;
- All download speeds referred to in any of Dekal's published material and howsoever communicated or transmitted is for reference and an approximation only - download speeds may vary from time to time and are subject to technical limitations. You fully accept that the download speeds that apply to Your purchased plan is not precise and may fluctuate from time to time due to the technical limitations, configuration, and usage by others of Dekal's network, hardware and other equipment and You may receive an upload and/or download speed at any time and from time to time that is less than what has been published, communicated, advertised to and/or purchased by You;
- You must not (nor allow others to) abuse Dekal's network and services. An example of abusing the Dekal network/service would be to download large data files 24x7 non-stop or even extremely large bit torrents files for media file sharing during a large portion of the day on most days of thee week – these acts are likely to affect other users by slowing the entire network. Dekal reserves the right at its sole discretion to determine when an abuse has occurred or is occurring and reserves the right to terminate, cancel and/or suspend its service(s) to You at any time without any prior notice to You, even if/after You have purchased a pre-paid card and/or other service plan from Dekal;
- Where Dekal has knowledge or reasonably suspects that any of Dekal’s Service, network, operations and equipment is or may be at risk of being disturbed, disrupted, harmed, damaged or abused in any way whatsoever, and such risk is or is reasonably suspected by Dekal to be created by, resulted from or connected with (in any manner howsoever) any act, intent, equipment, facilities or software of Your own or of another or any use or deployment thereof, whether with or without Your knowledge or consent and regardless of the reasons therefor, Dekal may withdraw, terminate, cancel and/or suspend its service(s) to You at any time without any prior notice to You, even if/after You have purchased a pre-paid card and/or other service plan from Dekal, with a view to protecting Dekal and/or its other customers and preserving the ongoing functioning of Dekal’s Service, network, operations and/or equipment in the normal course. Without limiting the foregoing, Dekal may withdraw, terminate, cancel and/or suspend its service(s) to You at any time by prior notice to You, even if/after You have purchased a pre-paid card and/or other service plan from Dekal. Such notice of withdrawal, termination, cancellation and/or suspension of its service(s) to You shall be posted at this website or, where applicable to the previously published service(s) in question, published via newsprint media shall be effective immediately upon such posting or publication (as the case may be) or upon the expiry of such minimum notice period as required by the relevant laws of Jamaica for such withdrawal, termination, cancellation and/or suspension of service(s) to take effect;
- Access to Dekal's network is subject to coverage area limitations - before you purchase any pre-paid card, service or plan from Dekal You shall be solely responsible to check Dekal's coverage area and verify that you are able to access the internet via Dekal's network in Your desired location of use. Dekal shall under no circumstances be liable to You for any non-reception or failure by You to access the internet via Dekal's network. You shall make enquiries of Dekal's coverage areas by telephoning Dekal at (876) 6333525 prior to purchasing any pre-paid card, and/or other service from Dekal;
- "SuperWiFi™", "Simply Faster™", "Enjoy Superspeed Connectivity™", "More For Less™", "Enjoy Super Value™", "Enjoy Access Anywhere™" and any other advertised / published slogans of Dekal in any published material in any form are the copyright and other applicable intellectual property rights of Dekal. No person should use any of Dekal’s intellectual property rights without Dekal’s express prior written consent;
- Unless to the extent as may otherwise be provided in this agreement, Dekal makes no warranties, claims, promises and/or guarantee whatsoever with respect to any of its services and its network. You accept Dekal's services on an "as is" and "as available" basis;
- All service plans advertised/published by Dekal expire automatically in the time period indicated for the relevant plan/service after a user first logs on and regardless of when or whether the user logs off. For example, if You purchased a 24 hour Gold pre-paid card, the account/card expires automatically in 24 hours after You first logon and regardless of when or whether You log off, Likewise and as a further example, if You purchased a 7 days Gold pre-paid card, the account/card expires automatically in 168 hours after You first logon and regardless of when or whether You log off;
- "24 Hour Gold", "24 Hour Silver", "7 Days Gold", and "7 Days Silver" plans can only be used at a Dekal network coverage area with a visible SSID "SuperWifi_DEKAL Wireless Jamaica" and are invalid for use at a Dekal network coverage area with a visible SSID "SuperWifi_DEKAL Wireless Visitor". "30 Days Gold", "15 Minutes - Visitor", "30 Minutes - Visitor", "60 Minutes - Visitor" and Dekal's "Platinum Service" plans can be used at a Dekal network coverage area with a visible SSID "SuperWifi_DEKAL Wireless Jamaica" and/or SSID "SuperWifi_DEKAL Wireless Visitor".
- All contents of Dekal's website at www.dekalwireless.com are the copyright © of Dekal. "DEKAL WIRELESS", the "DEKAL Wireless" logo, "SUPER WIFI", the "Superwifi" logo and "A" logo respectively, are the trademarks and/or other intellectual property rights of Dekal Wireless Jamaica Limited. All copying and use of Dekal's trademarks and copyright material are strictly prohibited. All rights reserved; and
- To be bound by these terms and conditions.
Dekal Wireless Jamaica Limited (v.6)(7 January 2013) © 2013