Kacific Acceptable Use Policy

1. Introduction
This acceptable use policy (the “Policy”) defines acceptable practices for the use of internet broadband services (the “Service”) by customers of Kacific and by End Users that have gained access to such services through these customers. The Policy is incorporated by reference into any agreement for service entered into between Kacific and its customers.

Kacific reserves the right to update this Policy from time to time and will maintain the latest copy of the Policy on its website www.kacific.com .

The Policy is designed to help protect the Kacific Network, the Service, End Users, and the Internet community as a whole from improper and illegal activity over the Internet and to improve the quality of the Service and other offerings.

2. Definitions
For purposes of the Policy, the definitions in the General Conditions shall apply.

3. Agreement to Policy

This Policy does not replace any of the terms, conditions, or obligations the Agreement. In the event of any inconsistency (in the reasonable determination of Kacific), the provisions of the Agreement shall prevail.

Any complaints or notifications regarding prohibited use or other abuse of the Service or Kacific Network, including violations of the Policy, should be sent to Kacific by email at complaints@kacific.com. Please include all applicable information that will assist Kacific in investigating the complaint, including all applicable headers of forwarded messages. Kacific reserves the right to, at any time and at its sole discretion and without any prior notice, change, modify, edit, replace, or withdraw any or all of this Acceptable Use Policy.

By using the Service, you acknowledge and agree that you and your End Users are responsible for compliance with the Policy. You are responsible for violations of the Policy by any End User that accesses the Service. You also agree to fully cooperate with Kacific in any investigation regarding violation of the Policy by an End User.

All references to capacity shall be deemed to be references to the maximum information rate (“MIR”) at which information can be transmitted over the applicable network or system, unless stated otherwise.

4. Kacific’s Rights under the Policy
4.1 Suspension or Termination of Service. We reserve the right to suspend or terminate your access to the Service if any End User engages in conduct that violates a provision of the Policy, and such conduct is not corrected within the time frame specified in the written notice.

4.2 Cooperation with Law Enforcement. By using the Service, you consent to Kacific disclosing your identity and basic contact information to law enforcement if requested through any legal process.

5. Prohibited Uses
We may suspend or terminate an End User’s access to the Service if such End User does any of the following activities:

5.1 Illegal Activity. End Users may not use the Service to:

• Transmit, distribute, or store material that violates copyright, trademark, trade secret, patent, or other intellectual property laws.
• Engage in illegal activities, including fraud, extortion, identity theft, or transmission of obscene, defamatory, or unlawful content.
• Violate export control laws or distribute prohibited materials.

5.2 Unauthorised Access/Interference. A User may not:

• Attempt to gain unauthorized access to the Kacific Network or other satellite systems.
• Interfere with the operation, security, or availability of the Service.
• Monitor or intercept communications on any network without authorization.
• Use unapproved transmission equipment.

5.3 Unsolicited Commercial Email/Spamming/Mailbombing. End Users may not:

• Send unsolicited bulk emails, spam, or engage in “mailbombing.”
• Use the Service to collect responses from mass unsolicited communications.
• Operate as a “spam distributor” as determined by anti-spamming organizations.

5.4 Spoofing/Fraud. End Users are prohibited from:

• Injecting false data into the Internet, including incorrect DNS or routing information.
• Sending communications using a falsified name or forged headers.
• Impersonating another entity or concealing their identity for fraudulent purposes.

5.5 Other Prohibited Activities End Users must not:

• Transmit viruses, malware, or corrupted files.
• Circumvent measures for tracking bandwidth usage.
• Distribute or promote software that violates this Policy.
• Engage in activities that degrade or disrupt the Kacific Network.
• Use third-party email servers for unauthorized relays.
• Engage in any misuse of the Service as determined by Kacific.
• Use the Service for military applications without prior consent.
• Transmit radio waves from Japan, its territorial waters, or airspace.

6. Handling of Inbound Complaints
Kacific receives complaints from Internet users and external parties regarding policy violations. Kacific may notify the Customer of a complaint and provide a reasonable period to resolve the issue before taking action. However, Kacific is not obligated to assess the validity of complaints or third-party reports and reserves the right to take immediate action if necessary.

7. Fair Usage Policy

This Fair Usage Policy applies to all End Users of the Service, except for Sections 7.1 and 7.2, which do not apply to End Users of a Community WIFI service. End Users are required to comply with this policy to ensure optimal access to services.

7.1 Kacific may modify an End User’s service (e.g., speed adjustments) if their data usage is significantly higher than most End Users and negatively impacts the network. If an End User falls within the top 10% of data consumers and disrupts network performance, Kacific may request the Customer to adjust usage, propose an alternative solution, or take action as outlined in this FUP.

If excessive or unreasonable usage persists, Kacific may issue a warning, apply additional charges, modify or restrict service, or suspend access. If termination occurs under a fixed contract, an early termination fee may apply.

7.2 The prioritization policies for Kacific’s Services are outlined below. Each plan has defined download/upload speeds and priority data allocations.

7.2.1 The following additional rules apply to Kacific New Zealand Customers subscribed to a fiber plan:

7.2.1.1 Unlimited Data Usage. For connections without a data limit, End Users may use unlimited data provided it does not negatively impact other Customers on the third-party provider’s network.

7.2.1.2 Usage Monitoring: If a residential connection exceeds 10% of its maximum speed or a managed business connection with a committed contention ratio exceeds 20% of its maximum speed (based on a 95th percentile monthly average), Kacific may contact the Customer to request a reduction in usage.

7.3 Internet Security & Liability
Certain websites may contain embedded scripts that can modify device settings (e.g., PC, WiFi device, tablet, or mobile phone) without the End User’s knowledge. End Users are solely responsible for any charges or damages resulting from such third-party actions. Kacific accepts no liability for any related costs or impacts.

7.4 Service Restrictions
End Users may not operate servers or resell the Service without Kacific’s prior written approval.

7.5 Network Management & Prioritization

• Kacific manages network traffic to ensure optimal performance. Certain activities, such as web browsing and email, may receive priority over bandwidth-intensive applications like peer-to-peer sharing.
• Traffic prioritization ensures fair resource allocation to prevent network congestion.
• Kacific employs Quality of Service (QoS) configurations to optimize performance, but maximum speeds are not guaranteed and depend on priority levels and real-time network conditions.

Kebijakan Ketentuan Pengguna Kacific

Terms and Conditions for
Kacific Gigstarter App

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY
DOWNLOADING, INSTALLING, ACCESSING OR USING THE KACIFIC APP (“APP”) OR
ANY OF ITS CONTENT OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF
YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR ACCESS AND USE OF THIS APP OR
ANY CONTENT OR SERVICES, UNINSTALL THE APP AND ERASE ALL COPIES OF THE
APP STORED ON ANY MEDIUM UNDER YOUR CONTROL.

1. DEFINITIONS
1. In these Terms, unless the context otherwise requires, the following
expressions will have the following meanings:
“Agreement” refers to these Terms;
”Authorized Representatives” refers to any and all of Kacific, its
affiliates and their respective directors, officers, employees, agents and contractors;
“Content” refers to any and all human readable audio and/or visual
elements on the App, including any information, text, graphics, images, illustrations, photographs, animation, audio/visual works, designs,
logos, trade names, service marks, advertisements, promotional
material and other materials;
“Services” refers to all services provided by Kacific and/or its affiliates
via the App (including broadband services), the processing of orders
for the subscription of Services and the processing of orders for
upgrading of Services;
“you” or “your” refers to any person that accesses and/or uses the App
and makes any online transactions including any subscription to any
Services via the App and where any person is accessing the App on
behalf of an entity, also refers that entity;
References to “we”, “us”, “our” or “Kacific” shall refer to [Kacific
Broadband Satellite Limited (Registration No.
201317505N)] or the relevant Kacific entity that is providing the
Service to you (including its successors and assigns).

2. The headings used in these Terms are for convenient reference only
and do not affect interpretation.

3. Words indicating the singular include the plural and vice versa, and
words indicating a gender include every gender, unless the context
otherwise requires.

4. No adverse inference shall be drawn against the party responsible for
the preparation of these Terms.

2. CONDITIONS OF USE
1. This App is owned by Kacific and/or its licensors. Subject to your
compliance with these Terms, we grant you a revocable, personal, nonexclusive and non-transferable licence to use the App (“Licence”) and
the Licence will terminate automatically if you fail to abide by these
Terms.

2. You are only permitted to use the App, for the sole purpose of
performing the functions on the App and accessing Content and/or our
Services, subject to these Terms. No other right, licence or permission
is granted to you in relation to the App and your use of the App. If you
are using the App on behalf of another, you warrant and represent that
you have authority to do so and authority on their behalf to bind them
to these terms.

3. The Licence shall continue unless and until terminated in accordance
with these Terms.

4. Upon termination of the Licence, you must uninstall the App and erase
all copies of the App under your control or ownership and stored in
any medium.

5. You (a) must provide accurate and complete information to us when
such information is sought or required from you, confirm that all the
information which you have provided in connection with the App or
these Terms are current, true, accurate, not misleading, supportable
and complete and must inform us immediately of any change in the
information provided to us (otherwise you may not be able or allowed
to access Services or Content on the App); (b) must comply with all
notices, directions or instructions which we may issue; and (c) must
use this App (including all Content and Services available on this App)
for lawful purposes only. Without prejudice to the generality of the
aforesaid, you may not (1) rent, lease, lend, resell, distribute, provide,
sublicense or offer or otherwise transfer in any way whatsoever, the
App or any Content or Services to any third party whether for profit or
not, or enable others to do so, without Kacific’s permission in writing,
or (2) use, download, sync or copy the app other than as permitted by
these Terms. If changes relate to personal information, you may inform
us of the changes in accordance with our Privacy Policy accessible at
https://kacific.com/privacy/.

6. Your use of this App, including all orders for Services via this App, is
governed by this Agreement, Kacific’s Privacy Policy as stated on
[https://kacific.com/nz/privacy/], Kacific’s Acceptable Use Policy as
stated on https://kacific.com/kacific-acceptable-use-policies, and the
terms of any end user contract, as may be required by Kacific or its
authorised Distributors. Any conflict or inconsistency between any of
these terms shall be resolved in a manner most favourable to Kacific, to
the fullest extent permissible under applicable laws.

7. Orders for Services are subject to Kacific’s prices and applicable terms
and conditions of Kacific and its authorised distributors for the
Services. You are liable for all charges and payments for all services,
products, Content and Services procured or obtained through the App.

8. Without prejudice to the generality of these Terms, and to the fullest
extent permissible under applicable laws, Kacific may at its absolute
discretion, restrict your access to or use of, add to, modify, discontinue,
withdraw, terminate, remove, suspend or disable the App, features or
portions of the App, or any Content or Services or terminate the
Licence without notice or liability to you. For the avoidance of doubt,
all pricing and availability Services on the App are subject to change
and Kacific does not guarantee that such information will be error-free,
complete, accurate or reliable.

9. From time to time, we may run competitions, promotions and surveys
via the App, subject to additional terms and conditions. You
acknowledge that if you do not agree or comply with those additional
terms, including any additional terms of a third party, you may not be
able to participate in the competitions, promotions and surveys.

10. You acknowledge that your use of the App may require access to other
networks not owned or operated by us, including the internet and
third party cellular networks. You acknowledge that your access to the
App shall be subject to the availability and quality of such third party
networks and any applicable terms and conditions imposed by such
third parties in relation to their networks.

11. The App may also require access to your device’s camera and/or
microphone including for the purposes of updating your user profile
settings in our databases and Gigstarter mobile application. You
acknowledge that parts of the App will not function properly without
providing such access.

12. Schedule 1 applies if you use this App on any Apple device or device
running iOS.

3. DATA PROTECTION
1. This App collects, retains, uses and discloses personal information that
you have provided to us and device data for the purposes of allowing
the App to perform its functions, including so that we may process
your subscription of Services, for upgrading or downgrading of
Services and to provide you with information such as your data usage
history. Such personal information which you provide to us via this
App and device data will be used in accordance with our Privacy Policy
accessible at [“https://kacific.com/nz/privacy/”]. You confirm that you
have read and agree with our Privacy Policy set out on our website and
consent to our collection, retention, use and disclosure of your
personal information and device data for the purposes set out above.

2. You agree to keep your device and access to this App secure. You
acknowledge that any removal of software restrictions and limitations
imposed by the official operating system of your device may make your
device vulnerable to malware, viruses or malicious programs and/or
compromise your device’s security features, and may also affect the
proper functionality of this App.

3. You consent to receive communications from us electronically. You
agree that all agreements, notices, disclosures and other
communications which we provide to you electronically satisfy any
legal requirement that such communications be in writing.

4. To provide location-based and real-time information services or
functionalities via the App, we and/or our authorised Distributors may
collect, transmit and use your precise location and other personal real
time data, including your real-time geographic location. You agree to
the collection, transmission and use of your location data or other data
for the provision of the location based and real-time information
services or functionalities via the App.

5. The App may also use or incorporate location based or real-time
information application programming interfaces (APIs). You
understand and agree that the use of any such functions and the
information provided via such functions is at your sole risk, and that
any location or real-time data provided may not be accurate or errorfree.

4. YOUR ACCOUNT
1. You are responsible for the security of your account information,
including usernames and/or passwords used in relation to the App.
Please inform us immediately in the event of any compromise in the
security of your username and/or password. Until such notification is
received and confirmed by us and access is disabled at your request,
you shall be responsible for all consequences arising from any
unauthorized or fraudulent use of the App.

5. SUBSCRIPTION TO SERVICES
1. Orders for Services may be subject to acceptance by Kacific’s
distributors. Your order will also be subject to such terms and
conditions as may be imposed by Kacific’s distributors. To the fullest
extent permitted by law, we will not be liable in any way for Kacific’s
distributors’ provision of or failure to provide the Services.

6. INTELLECTUAL PROPERTY
1. This App (including all Content) is protected by applicable intellectual
property right laws. Unless expressly permitted by Kacific in writing,
you must not copy, distribute, publish, perform, modify, download,
transmit, transfer, sell, license, reproduce, translate, adapt, vary,
reverse engineer, disassemble, create derivative works from or based
upon, distribute, post, publicly display, frame, link, or in any other way
exploit the App or any Content, whether in whole or in part. Any rights
not expressly granted to you herein are reserved.

2. This App and all marks including ” Kacific”, the Kacific logo and all
other trademarks, tradenames, logos and service marks on this App
(the ” Kacific Marks”), copyright, database rights and other intellectual
property rights related to the App, belong to Kacific or its licensors.
You must not attempt to extract the source code of this App, or make
derivative versions of it. Any product, service or trade name other than
those owned by Kacific may, even if not so indicated, be the service
mark or trademark of a third party (“Third Party Marks”). Third Party
Marks used on this App are used with the permission of their owners
or licensors and all of their rights are reserved. Any unauthorised use
of the Kacific Marks or any Third Party Marks is strictly prohibited.

3. You agree and acknowledge that all intellectual property related to the
App will remain at all times the property of Kacific or its licensors. You
will not use or permit the use of any intellectual property related to the
App except for the purposes contemplated by the App.

4. Kacific retains all right, title, and interest in and to all improvements,
enhancements or modifications to or resulting from the App, Content,
and/or Services, including all intellectual property in, software used,
inventions, know-how, confidential information or other technology
developed or arising from the App, Content, and/or Services. Kacific is
entitled to use, analyse, profit from, disclose, publish, keep secret, or
otherwise exploit any information, suggestion or idea arising from or
during the course of providing you access to the App, Content, and/or
Services to improve, modify or enhance any of Kacific’s products or
services without compensating or crediting you or anyone, except that
Kacific will not disclose or publish your information unless in
accordance with its Privacy Policy and applicable law.

7. INDEMNITY
You agree to pay Kacific and any of its Authorized Representatives and
any third party distributors (“Kacific Protected Persons”) should any
third party make any claim against that Kacific Protected Person,
including all liabilities, demands, losses, damages or expenses
(“Liability”) relating to that third party claim (a) but only to the extent
the Liability relates to your access to and use of this App, any Content
and/or any Services and (b) excluding any Liability that arises from
Kacific’s breach of these Terms. Your obligation to pay shall survive
termination of this Agreement.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. This App (including all Content and Services available via this App) is
provided on an “as is” and “as available” basis and you accept that your
access or use of the App are at your own risk. Kacific expressly
disclaims all warranties of any kind, whether express or implied,
including implied warranties of merchantability, reasonable care and
skill, accuracy, satisfactory quality, non-infringement and fitness for a
particular purpose or any implied warranty arising from statute,
course of dealing, course of performance, or usage of trade, to the
fullest extent permissible under applicable laws. Without prejudice or
limitation to the foregoing, Kacific makes no warranty as to the
sequence, accuracy, completeness, security, compatibility, timeliness,
reliability, quality, suitability, reliability, originality or noninfringement of any Content or Service obtained or provided in this
App and will not be responsible for the security of Content transmitted
to, from or through the App. Kacific does not warrant that the App and
any Services will be provided uninterrupted, be available at all times,
be free from errors or that any identified defect will be corrected;
further, no warranty is given that access to and use of this App and the
Services will be free of viruses, worms, Trojan Horses, or other
malicious destructive or corrupting code or program or other harmful
components or from hacking or other unauthorised intrusion or
disclosure of your information. Kacific shall not be responsible for any
interruption, disruption to or deterioration in the quality, reliability or
accuracy of any Services or any technical issue that may arise from or
in relation to any Services that you may have connected to any device.
If you have difficulties in accessing or using this App, we may, at our
absolute discretion, extend help and assistance to you as an act of
goodwill but we shall in no event be obliged to provide the same. The
provision of such help and assistance shall in no event be deemed an
acknowledgement and/or acceptance of any liability on our part. This
clause 8(1) applies to the fullest extent permissible under applicable
laws.

2. To the fullest extent permissible under applicable laws, Kacific will not
be liable for any delay or failure in performance resulting from matters
beyond our reasonable control, including acts of God, acts or omissions
of third parties (including any supplier delivering or providing any
facilities, equipment, services or infrastructure to us), requirements of
any Authority, national emergency, war, riots, strikes, industrial
disputes (whether or not involving our employees), accident, lightning,
fire, computer software or software malfunction, equipment failure,
electrical power failure, faults, interruption or disruption of our
network or the networks of other service providers or of your
equipment or the equipment of any third party.

3. Without prejudice to the foregoing, and to the fullest extent
permissible under applicable laws, in no event shall Kacific be liable for
any direct, indirect, incidental, special, punitive or consequential
damages, losses, costs or expenses including loss of revenue or profit
(collectively, “Losses”) whether based on warranty, contract, tort,
including negligence, strict liability under statute or otherwise, and
whether or not Kacific is advised of the possibility of such Losses
suffered or incurred by you by reason of or in connection with the use
of this App and/or Services.

4. Notwithstanding the above, if for any reason Kacific cannot rely on the
limitations of liability set out above and Kacific is deemed liable to you,
Kacific’s maximum liability in contract, tort (including negligence or
breach of statutory duty) or otherwise to you and anyone who uses
this App (except for death or personal injury to the extent required by
law) shall be, limited to US Dollars Five Thousand only (US$5000)].

9. GENERAL TERMS
1. Kacific’s decision on all matters relating to this App (including all
Content and Services available on this App) will be final and
conclusive. In the absence of fraud or manifest error, Kacific’s records
of all matters relating to this App (including all Content and Services
available on this App) are conclusive evidence of the accuracy,
completeness and truth of such matters. This right does not extend to
the interpretation of, or the determination of either party’s compliance
with, this Agreement.

2. No delay or failure by Kacific to take any action or to enforce or
exercise any of its rights in this Agreement will operate as a waiver of
such rights by Kacific, nor will such failure or delay in any way
prejudice or affect Kacific’s rights at any time thereafter to act strictly
in accordance with Kacific’s rights in this Agreement.

3. This Agreement and any rights and obligations under it may not be
assigned or transferred by you, but may be assigned, novated or
transferred by Kacific without restriction.

4. Without prejudice to Clause 3.3 above, notices by us to you may also be
sent by post, fax or email to your contact details in our records.

5. We reserve the right to amend this Agreement from time to time,
subject to applicable laws. We will give you notice of such changes.
Where practicable to do so, we will give you reasonable advance notice
of such changes. Any notice under this clause can take the form of
postings on our website or such other forms as we deem appropriate.
You agree that the display of the revised Terms on our website will
constitute notice of the changes and your continued use of this App,
any Content or Services will constitute acceptance of the changes to
this Agreement.

6. Unless otherwise provided in this Agreement, this Agreement
constitutes the entire agreement between you and Kacific and
supersedes all prior agreements, understandings, promises,
conditions, representations and communications, oral or written,
whether issued by you or Kacific, with respect to the subject matter of
the Agreement and the transactions contemplated by it.

7. If any provision of this Agreement is held to be unenforceable, invalid
or illegal (whether in whole or in part), such provision shall to the
extent permissible be deemed modified or severed from this
Agreement, but only to the extent of such unenforceability, invalidity
or illegality and the remaining provisions shall not be affected.

8. Except for Clause 7, a person (including any user) who is not a party to
this Agreement has no right to enforce any of these Terms and
Conditions under the Contracts (Rights of Third Parties) Act (Cap 53B).

9. This Agreement shall be governed by Singapore law and all parties
agree to submit to the exclusive jurisdiction of the Singapore courts.
Any processes or judgment may be given to you in the same way as
notices under this Agreement., unless applicable law requires
otherwise.

10. [Where you are using the app for business purposes, the Consumer
Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair
Trading Act 1986 do not apply in connection with these Terms and
Conditions, to the fullest extent permitted by applicable law. The
parties acknowledge and agree that where they are contracting for
business purposes, this clause 9(10) is fair and reasonable in the
context of their commercial relationship.]

Schedule 1
1. You agree that these Terms are concluded between you and we only and not
with Apple Inc (“Apple”) and we, not Apple, are solely responsible for the App
and the Content/Services.

2. You agree that Apple has no obligation whatsoever to furnish any maintenance
and support services with respect to the App.

3. In the event of any failure of the App to conform to any applicable warranty, you
may notify Apple, and Apple will refund the purchase price of the App to you.
You agree that to the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to the App, and no
responsibility for any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty.

4. You agree that, except for paragraph 3 above, Apple is not responsible for
addressing any claims relating to the App or your possession or use of the App,
including, but not limited to: (i) product liability claims; (ii) any claim that the
App fails to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation.

5. You agree that in the event of any third party claim that the App or the user’s
possession and use of that App infringes that third party’s intellectual property
rights, Apple is not responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim.

6. You represent and warrant that (i) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a ‘terrorist supporting” country; and (ii) you are not listed on any
U.S. Government list of prohibited or restricted parties.

7. Your questions, complaints and claims with respect to this App should be
directed to:
Name: Kacific Broadband Satellites Ltd
Address: 127 Jalan Sultan, Singapore 119012
Email: info@kacific.com

8. You agree that you must comply with all applicable third party terms of
agreement when using the App.

9. You agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of
these Terms and that, upon your acceptance of these terms, Apple will have the
right (and will be deemed to have accepted the right) to enforce these Terms
against you as a third party beneficiary.