Terms and Conditions

Access to wireless internet services using the Wagamama WiFi Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE 

These terms and conditions set out how access to the Wagamama WiFi Service will be provided to you.  Wagamama Limited (“Wagamama” or “we”) is the service provider of the Wagamama WiFi Service.  

  1. Definitions and Interpretation  

The following expressions shall have the meanings stated below in this Contract: 

  • “Acceptable Use Policy” or “AUP” means the policy set out below which governs a User’s acceptable use of the Wagamama WiFi Service and which forms part of this Contract; 

  • “Account Holder” (or “you”) means the person who accesses the Wagamama WiFi Service in accordance with this Contract; 

  • “Affiliate” means any company within the same corporate group as Wagamama Limited, including any parent undertaking, subsidiary undertaking or fellow subsidiary undertaking from time to time; 

  • “Content” means any applications, data, information, video, graphics, sound, music, photographs, software or any other similar material accessed or received whilst using the Wagamama WiFi Service; 

  • “Contract” means these terms and conditions, together with any policies referred to herein (and any subsequent amendments to these terms and conditions which Wagamama shall be permitted to make in accordance with this Contract); 

  • “Device” means a portable device (including but not limited to any mobile phone, tablet, laptop, wearable device or other equipment) which the Account Holder uses to access the Wagamama WiFi Service; 

  • “Hotspot(s)” means a restaurant, site, premises, location or designated area owned and operated by Wagamama or a member of the Wagamama group where the Wagamama WiFi Service is capable of being accessed; 

  • “Landing Page” means the web page which is displayed when you open the browser on a Device that has connected to the Hotspot; 

  • “Network Management Policy” means the policy below which explains how Wagamama manages, monitors, prioritises, restricts and protects internet traffic on the Wagamama WiFi Service and which forms part of this Contract; 

  • “User” means the Account Holder or such other user which the Account Holder permits to access the Wagamama WiFi Service in accordance with this Contract; 

  •  “Wagamama WiFi Service” means the wireless internet service at the Hotspots which Wagamama is the service provider of; and 

  • “Website” means www.wagamama.co.uk.   

  

  1. Access to the Wagamama WiFi Service 

2.1 The Wagamama WiFi Service is provided free of charge for the convenience of our guests, in accordance with this Contract.  To access the WiFi Service at most Hotspots you will need to log-in to your Sky WiFi roaming account. At certain Hotspots we have activated functionality which enables a returning User to automatically connect to the WiFi Service at a Hotspot so that you may perform functions or use applications on the Device which requires internet access (i.e. sending emails, making phone calls, etc.). However, depending on the device type and the Hotspot capability, you may need to open a browser and click “Continue” for your device to have full access to the internet. 

2.2 You agree that we may modify, restrict, suspend or temporarily cease providing access to the Wagamama WiFi Service at any time in order to test the operation of a Hotspot or to carry out maintenance, technical repair, enhancement or emergency work or for security, legal or operational reasons. Accordingly part (or all) of the Wagamama WiFi Service may not be available or fully operational at all times, and the speed, quality and availability of the WiFi Service may vary between Hotspots as a result. 

2.3 Wagamama does not guarantee continuous availability, speed, compatibility or uninterrupted operation of the Wagamama WiFi Service.  

2.4 You must be at least 16 years old to access the Wagamama WiFi Service. Users under 18 years of age should obtain parental or guardian permission.  

2.5 You may only use Devices that you own or are authorised to use.   

  1. Use of the Wagamama WiFi Service 

3.1 You agree to use the Wagamama WiFi Service to access e-mails and instant messaging, browse the internet, use apps on the go and comply at all times with our Acceptable Use Policy which is set out below and forms part of this Contract. The Wagamama WiFi Service will not support the download or transfer of excessive data via bit torrent clients and should not be used for this purpose, or any commercial or business purpose, nor should you offer for sale or provide access to the Wagamama WiFi Service to any third party. 

3.2 The Account Holder is the person responsible for the security and proper use of the relevant account using Wagamama WiFi Service and the person to which notices about changes to the Wagamama WiFi Service or this Contract will be sent so you must ensure that the personal information relating to the Account Holder is accurate at all times. If you know or suspect that your account has been compromised, or a breach of security in relation to the Wagamama WiFi Service has occurred, you must notify us immediately by contacting us here: Contact us. 

3.3 To protect the Wagamama WiFi Service and maintain quality of service we may temporarily or permanently control or restrict your online activities if such activities may have a detrimental effect on other guests’ quality of service (e.g. sending "spam" messages, hosting a website, using bit torrent clients, etc.). If we consider it necessary to take this action we will notify you before taking the action, if it is practicable to, or otherwise as soon as possible thereafter. Please also refer to our Network Management Policy and User Acceptance Policy set out further below. 

3.4 You agree to reimburse us for all reasonable losses, liabilities, costs (including legal costs) and expenses which we may incur either directly or if a third party make a claim against us, which arises from, or in connection with, your misuse of the Wagamama WiFi Service (or any actions or omissions of any person you have authorised to access (or not taken reasonable steps to prevent that person from accessing) the Wagamama WiFi Service) or breach of this Contract. 

3.5 If, we do not, for whatever reason, exercise our rights or remedies under this Contract following a breach by you this shall not constitute a waiver by us of those rights or remedies nor shall it relieve you from complying with your obligations (including remedying, where possible, in accordance with this Contract any breach committed by you). 

3.6 You acknowledge that your use of the Wagamama WiFi Service is entirely at your own risk and that we cannot guarantee the secure transmission of your data. Accordingly we recommend that whilst using the Wagamama WiFi Service, particularly if you transmit sensitive personal information (such as bank details, etc), you take steps to secure your data, for example using secure technology such as a virtual private network or a personal firewall. 

  1. Content 

4.1 On the Landing Page, we may present marketing messages or offers in respect of certain products, services or features provided by Wagamama or other entities within the wider Wagamama group. You agree that Wagamama shall not have any liability to you for the accuracy of such Content and that your use of the same is entirely at your own risk. 

4.2 The Content displayed on the Landing Page is protected by copyright, trademark and other intellectual property rights. You agree not to copy, store, adapt, edit, modify, distribute, publish, or otherwise make available such Content to any third party and acknowledge that any unauthorised use of the same may give rise to a claim against you for damages and/or be a criminal offence. Where additional terms and conditions apply in relation to any Content you should read these carefully before using or accessing it. 

  1. Changes to the Wagamama WiFi Service or this Contract 

5.1 You acknowledge that Wagamama provides the Wagamama WiFi Service to you on an ongoing basis but that Wagamama cannot foresee what changes may arise or be required in the future and so we may vary either the Wagamama WiFi Service or this Contract accordingly. Notice of all changes will be provided to you by placing a notice on the Website so you should check the Website regularly for updates. 

5.2 You acknowledge that the location of the Hotspots may change from time to time and that we make no guarantee to you under this Contract that the Hotspots will be available or maintained for any particular length of time. 

5.3 Where we make a change to this Contract, and you continue to access the Wagamama WiFi Service after the change takes effect, you will be deemed to have understood and accepted the change, and the Contract (as amended) will govern your use of the Wagamama WiFi Service until we or you terminate this Contract. If you do not accept any change which we have made then you should stop using the Wagamama WiFi Service and/or terminate this Contract by sending us notice in accordance with clause 6.2 of this Contract. 

5.4 Wagamama may transfer its right and obligations under this Contract to any Affiliate, or company, firm or person provided that doing so will not adversely affect your rights under this Contract. This Contract is personal to you and so any transfer by you of your rights and obligations under this Contract will not be valid or recognised by us. Except as stated above no third party shall benefit from this Contract. 

  1. Duration of this Contract and Termination 

6.1 This Contract shall commence from the moment that you click the “continue” button on the Landing Page (and thereby confirm your intention to use the Wagamama WiFi Service in accordance with this Contract) and continue until either we or you terminate this Contract as set out below. 

6.2 You may terminate this Contract at any time by not using the Wagamama WiFi Service and by updating your preferences relating to your Sky WiFi roaming account to prevent automatic connection to the Wagamama WiFi Service when in the vicinity of our Hotspots. 

6.3 We may terminate this Contract as follows: 

6.3.1  at any time, by giving you 30 days’ notice in writing (either by post or email, which Wagamama shall decide at the relevant time); 

6.3.2  immediately by giving you notice in writing (either by post or email, which Wagamama shall decide at the relevant time) if; 

6.3.2.1   we consider you have committed or may be committing any fraudulent or criminal activity against another person by using the Wagamama WiFi Service; 

6.3.2.2   you breach any term of this Contract including the Acceptable Use Policy (though for non-serious breaches we will suspend your access to the Wagamama WiFi Service and give you seven (7) days to remedy the breach before we exercise such right); or 

6.3.2.3   you or anyone you may authorise us to deal with on your behalf acts in a way which we reasonably consider to be inappropriate and sufficiently serious to justify ending this Contract; or 

6.3.2.4   the authority of any third party who acts on our behalf in relation to the provision of the Wagamama WiFi Service to operate as a public communications provider is suspended for any reason. 

  1. Liability of Wagamama under this Contract 

7.1 Wagamama will not be liable to you for: 

7.1.1   your use of the Wagamama WiFi Service or any Content ; 

7.1.2   your use of any other wireless internet service which Wagamama is not the service provider of; 

7.1.3   any defect caused to a Device used to access the Wagamama WiFi Service; 

7.1.4   any charges incurred, or transactions entered into, with any third party unless caused by us; 

7.1.5   the suspension or termination by us of access to the Wagamama WiFi Service or to particular Hotspots in accordance with this Contract; 

7.1.6   delay or failure to provide the Wagamama WiFi Service (or part of it) caused by an event outside our reasonable control; 

7.1.7   any loss or damage caused by your use of the Wagamama WiFi Service that was not contemplated by us when you entered this Contract; 

7.1.8   any indirect, special or consequential loss or damage, howsoever it arises, whether or not it could have been anticipated; 

7.1.9   any loss or damage caused by viruses or unauthorised use of your account; 

7.1.10 any loss or corruption of data, or loss of business, contracts, profits, savings, reputation, or revenue; 

7.1.11 any loss or damage which could have been prevented if you followed our reasonable instructions for use of the Wagamama WiFi Service; 

7.1.12 any loss or damage caused by us which results from any breach by you of this Contract; 

7.1.13 the security of any data you transmit using the Wagamama WiFi Service;  

7.1.14 the accuracy, completeness, timeliness or appropriateness of information accessed or received whilst using the Wagamama WiFi Service; or 

7.1.15 malware from third-party sources, unauthorised device access or losses arising from third-party websites, applications, content or services.  

7.2  Nothing in this Contract shall limit or exclude in any way any liability which Wagamama may have to you for: 

7.2.1  death or personal injury caused by our negligence; 

7.2.2  fraudulent misrepresentation to you by us; 

7.2.3  any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability for. 

  1. Privacy and Data Protection 

8.1 We may collect and process personal data associated with your use of the Wagamama WiFi Service, including registration details, device identifiers, IP addresses and usage data. Personal data will be processed in accordance with UK GDPR, the Data Protection Act 2018 and Wagamama's Privacy Policy which can be accessed here: our privacy policy | wagamama  

 

  1. Third-Party Websites, Content and Services 

9.1 The Wagamama WiFi Service may allow access to third-party websites, applications, products, services and content. Wagamama does not own or control such third-party services and is not responsible for their availability, content, security, reliability, privacy practices or performance. Any links are provided for convenience only and do not constitute endorsement. Use of third-party services is at your own risk and subject to their own terms and privacy policies. 
 

 

  1. Intellectual Property Rights 

10.1 All intellectual property rights in the Wagamama WiFi Service, branding, portals, Landing Page and related Content remain owned by Wagamama or its licensors.  This Contract does not transfer any intellectual property rights to you.   

 

 

  1. Governing Law, Disputes and Complaints 

9.1 This Contract and any disputes or claims arising out of it shall be governed by English law and English courts shall have exclusive jurisdiction to settle the same. 

9.2 We make every effort to ensure that Users are happy with the level of service they receive from us. However if you do have a complaint about any part of the service we provide to you, then you should notify us of your complaint here: Contact us. 

NETWORK MANAGEMENT POLICY 

URL blocking - Internet Watch Foundation 

The Internet Watch Foundation provides a dynamic list of individual web pages with child sexual abuse content to its members, companies within their group and licensees that have the ability to filter and block access to such content. We are committed to blocking access to child sexual abuse web pages thereby protecting you from being inadvertently exposed to such content. 

For more information please refer to http://www.iwf.org.uk 

Additional URL blocking 

We may implement extended URL blocking to general categories of sites that may be deemed inappropriate for public environments or specific URLs for legal or contractual reasons. The type of site categories that may be blocked include those relating to: 

  • Drug use 

  • Pornography 

  • Offensive or illegal speech 

  • Illegal activities of any kind 

  • Discrimination including on grounds of race, religion, sexuality, gender, age and disability 

  • Network malfeasance 

The list of categories may be amended or supplemented from time to time. 

The status of individual sites can be checked at: http://cfssupport.sonicwall.com/Support/web/eng/newui/viewRating.jsp 

 

ACCEPTABLE USE POLICY 

Our Acceptable Use Policy ("AUP") will apply to all Users of the Wagamama WiFi Service. 

Don't use the Wagamama WiFi Service illegally! 

The Wagamama WiFi Service may only be used for lawful purposes in accordance with all laws, statutes and regulations in force from time to time in the United Kingdom ("Laws"). 

You may not use the Wagamama WiFi Service to send, receive, store, distribute, transmit, post, upload or download any materials or data which: 

(a) violates any Law; 
(b) is defamatory, offensive, discriminatory, abusive, indecent, obscene, or constitutes harassment; 
(c) is or may be harmful to minors; 
(d) promotes or encourages illegal or socially unacceptable or irresponsible behaviour; 
(e) is in breach of any third party rights (including any third party intellectual property rights); 
(f) has any fraudulent purpose or effect or involves a user impersonating another person or otherwise misrepresenting himself or herself as the source of any communication; or 
(g) may have a detrimental effect on the quality of service enjoyed by other users of the Wagamama WiFi Service or damages or may damage Wagamama’s name and/or reputation or the name and/or reputation of our Affiliates, sub-contractors, agents, franchisees or partners. 

Do not violate anyone's systems or network security 

You must not use the Wagamama WiFi Service to violate its security or any third party's system or network security by any method including: 

(a) unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network; 
(b) unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network; or 
(c) unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system or network. 

You must not send, receive, store, distribute, transmit, post, upload or download any materials that are designed to violate the Wagamama WiFi Service's security or any third party's system or network security. Examples of such prohibited material may include (but are not limited to): 

(a) programs containing viruses, malware, worms, corrupted files, hoaxes, Trojan horses or any other items of a destructive or deceptive nature; 
(b) spam and phishing attempts;  
(c) tools designed to compromise the security of other sites; 
(d) programs or services designed to send or facilitate the sending of unsolicited advertisements; or 
(e) programs or services designed to encourage or facilitate a breach of this AUP or any acceptable use policy of another internet services provider. 

You must not connect the Wagamama WiFi Service to insecure machines or services able to be exploited by others to carry out actions which constitute a breach of this AUP. 

You must not adapt, modify, decompile or reverse engineer any part of the Wagamama WiFi Service. 

You are responsible for all Content, materials and/or data originating from the Devices(s) that you have connected to the Wagamama WiFi Service. You must immediately disconnect (and subsequently secure prior to reconnection) machines generating Content, materials and/or data which contravene this AUP once notified of such activity by Wagamama or its agents. 

Security 

You must not reveal your username or password to any third party and you must use reasonable endeavours to protect your username and password from unauthorised access. 

Public WiFi networks may not be completely secure. You are responsible for securing your device and protecting your personal information. We recommend use of encryption, strong passwords and multi-factor authentication.  We do not recommend you access confidential information or other sensitive information in a public space, and you should always be aware of your surroundings.   

Messages 

You must not send emails or instant messages ("Messages") to anyone who does not wish to receive them. We acknowledge that email and instant messaging are informal methods of communication however you must refrain from sending Messages to another user after receiving a request to stop. 

You must not send unsolicited bulk Messages or any other form of abusive electronic communication. In particular, unsolicited advertising mailings (whether commercial or informational) are strictly prohibited. 

You must not operate, host, provide hosting facilities to or assist in any way any web site, email address, or any other online service which is advertised or promoted by means of unsolicited bulk Messages (whether commercial or informational), any mass messaging facility or any other form of abusive electronic communication. 

You must not send, distribute, or reply to mail-bombs. Mail-bombing is either sending copies of a single message to many users, or sending large or multiple files or messages to a single user with the intention of disrupting their internet experience. 

You must not use false Message headers or alter the headers of Messages to conceal your email address or to prevent internet users from responding to messages. You must not use any email address that you are not authorised to use. 

You must not suggest or imply that any Message you send are from, authorised or endorsed by Wagamama, Sky WiFi, Sky or any of their affiliates or group companies. 

World Wide Web and surfing the net 

You will be solely responsible for your use of the internet and any web pages you own and/or operate using the Wagamama WiFi Service. You must not use world wide web pages within or outside the Wagamama WiFi Service to violate any part of this AUP or to disrupt or attempt to disrupt another internet user's internet experience. 

How do you make a complaint? 

If you wish to notify us of a breach of this AUP, or wish to make a complaint regarding content, data or material that has been stored and/or accessed via the Wagamama WiFi service, please contact us here: Contact us. 

The actions we can take 

Firstly, you should be aware that we will block any electronic communication that we reasonably consider to have breached this AUP. 

Secondly, if a User has breached this AUP, or we or a third party reasonably suspect that a User may have breached this AUP, we will notify you by email (provided that this notification does not prejudice any investigation) and we may also: 

(a) immediately suspend access to the Wagamama WiFi Service until such time as we are satisfied the breach has stopped; 
(b) immediately end this Contract; 
(c) notify and/or pass on the details of the breach of the AUP to any relevant government, statutory, self-regulatory or law enforcement authority; 
(d) investigate the alleged breach of the AUP, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on the Wagamama WiFi Service or our servers; or 
(e) remove (either temporarily or permanently), copy, store, monitor or otherwise deal with data and/or other material on the Wagamama WiFi Service and/or our servers. 

Wagamama will use your personal data and other account information in connection with any investigation carried out by Wagamama in accordance with this AUP, including by disclosing it to any third party authority that Wagamama considers has a legitimate interest in any such investigation or its outcome.