Whizz WiFi

TERMS OF USE

Please read the following important legal information before accessing or using this OptiTrans Solutions Private Limited - Whizz WiFi (“Whizz WiFi” or “we”) website i.e. whizzwifi.net (“Whizz WiFi Site” or “Site”). This terms of use document shall govern the access to and use of Whizz WiFi Site and use of the services available and accessible on the Whizz WiFi Site. The use of this Whizz WiFi Site by any person, individual or artificial legal entity (“User” or “you”), who access the Whizz WiFi Site or who is/are registered at the Site for services provided by it, constitutes an agreement to abide by the terms of use below and privacy policy or any subsequently revised or updated terms of use or privacy policy (hereinafter referred to as “Agreement”), just as if you had signed this Agreement.

Whizz WiFi may revise this Agreement from time to time by updating and uploading the same on the Whizz WiFi Site and you agree to abide and bound by such Agreement. Your continued use of Whizz WiFi Site affirms your consent to accept any new or revised terms of Agreement. These terms will always be available for Users to read on this page.

SERVICE

1.     Whizz WiFi provides the use of wireless internet access service via the Whizz WiFi service (the "Service") at any venue where the Service is available.

2.      Whizz WiFi will render its Service to its Users on a non-exclusive basis. You hereby undertake to use the Service of Whizz WiFi for your personal and non-commercial use. You undertake to use the Service in compliance to the Agreement.

3.      Access to the Service on trial basis or free of cost should not be considered by you as your right to access and use the same. Whizz WiFi reserves its right to terminate or withdraw any access to the Services on trial basis or free of cost at any point of time.

ELIGIBILITY

1.    By using Whizz WiFi Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms of an Agreement under your applicable local laws.

2.      Individuals under the age of eighteen (18) years of age (hereinafter referred to as "Minors") are not permitted to use the Whizz WiFi Site without the supervision of a parent or legal guardian.

REGISTRATION AND ACKNOWLEDGEMENTS

1.       By registering and creating an online account on Whizz WiFi Site, You accept and agree to be bound by and comply with the Agreement. If you are acting on behalf of a company or any other artificial legal entity, such company or artificial legal entity is also bound by the Agreement.

2.      After registration and creation of an online account on the Whizz WiFi Site, You shall be responsible for any and all activities under your user id. You shall ensure and it shall be your duty to ensure that You provide true, accurate, current and complete information about yourself. You shall promptly update on Whizz WiFi Site or notify us, any subsequent change or modification in the information provided about yourself. You hereby undertake to not to disclose your credentials of online account with Whizz WiFi to any person and/or to notify immediately any unauthorised use of your online account with Whizz WiFi Site.

3.     You undertake that you have obtained necessary permissions of the owner of any computer, tablet, mobile telephone, smart phone or other electronic device which You use to access the Service (and which is not owned by You) (“Device”) to use the Service.

4.       By accepting the Terms and Conditions You accept responsibility for the use of the Service on any Device whether or not you own it. You accept that You may be charged by Your service provider for internet access through the Device.

5.       You acknowledge and agree that internet transmissions are never completely private or secure and that any information which You send by using the Service may be read or intercepted by another party even if there is a special notice that a particular transmission is encrypted.

6.       You consent to Us collecting and using technical information about Your Device (and any related software, hardware and peripherals) to evaluate, improve or refine the Service in accordance with the Privacy Policy.

7.      You consent to the transmission, collection, processing, maintenance and use by Us (and Our licensees) of any location data sent from the Device to evaluate, improve or refine the Service in accordance with the Privacy Policy.

LICENSES AND RESTRICTIONS

1       Subject to the acceptance of these terms or the Agreement, Whizz WiFi grants User a limited, non-exclusive, non-assignable, revocable license to access and make personal, but non-commercial use of the Service of the Whizz WiFi Site.

2.       The foregoing licenses do not include any rights to:

       License, sub license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or Whizz WiFi Site in any way;

        modify, download (other than page caching), reproduce, copy, or resell the Whizz WiFi Site, the Content or any portion or derivative thereof;

         commercially use the Whizz WiFi Site, the Content or any portion derivative thereof;

         create any links to the Services or Whizz WiFi Site;

         copy or download Services, Content and/or any User's account or profile information for the benefit of any third party;

     enable high volume, automated, electronic processes that apply to the Whizz WiFi Site or its systems, the Content or any portion or derivative thereof;

         use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Whizz WiFi Site or its systems, the Content or any portion or derivative thereof for any purpose;

       Use infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material on the Whizz WiFi Site, including material harmful to other Users or violative of any applicable laws and/or third party privacy rights;

          interfere or attempt to interfere with the proper working of the Whizz WiFi Site;

       bypass any Whizz WiFi measures used to prevent or restrict access to any portion of the Whizz WiFi Site, the Content or any portion or derivative thereof;

         frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Whizz WiFi;

         Reverse engineer the Whizz WiFi Site or its Content;

         use Whizz WiFi name, trademarks, services marks or logos or any other "hidden text"; or

         compile, repackage, disseminate or otherwise use data extracted from the Whizz WiFi Site.

3.      The foregoing is expressly prohibited; the right to do any of the foregoing shall require Whizz WiFi’s express written consent (which may include a written agreement signed by an authorized representative of Whizz WiFi). Any unauthorized use of the Whizz WiFi Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Whizz WiFi.

4.    You hereby agree and undertake that while using Whizz WiFi Service, You shall restrict yourself from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information or share /list (s) any information or item that:

RIGHT TO TERMINATE ACCESS

1.       Your use of the Service and/or Whizz WiFi Site is subject to all applicable local, state, national and international laws and regulations in existence in the state and country from where you are accessing the Whizz WiFi Site.

2.       Whizz WiFi retains the right, at Whizz WiFi's sole discretion, to determine whether or not your conduct is consistent with this Agreement and Whizz WiFi's operating rules or policies and may terminate your access to and use of the Service if your conduct is found to be inconsistent with this Agreement, such rules or policies.

 

MEANS OF COMMUNICATION; YOUR INFORMATION AND PASSWORD

1.    Every User that has an account on the Whizz WiFi Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current. In no event will Whizz WiFi be liable for the unauthorized use or misuse of your password.

2.      By registering on the Whizz WiFi Site, you certify that all information you provide, now or in the future, is accurate. You also accept that we may contact you by SMS or email for verification and communication purposes.

DEFICIENCY IN SERVICES

Neither Whizz WiFi (including it and its’ directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from any deficiencies, delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes.

LIABILITY DISCLAIMER

The website and services provided through or in connection with Whizz WiFi site, are provided on an "as is" basis, without warranty of any kind. Whizz WiFi expressly disclaims all warranties of any kind, whether express or implied, including without limitation any warranties concerning the availability of services. Whizz WiFi makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does Whizz WiFi make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Whizz WiFi makes no warranty regarding any services licensed or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from Whizz WiFi or through the service shall create any warranty not expressly made herein.

Neither Whizz WiFi nor any of its partners, agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty.

CONSEQUENCES OF BREACH

Whizz WiFi reserves a right to suspend or terminate your account with Whizz WiFi and restrict your access to the Whizz WiFi Site in the following events:

         If you commit breach of any of the terms or provisions of the Agreement;

         If the information provided by you at the time of registration is not true, correct and cannot be authenticated;

         If Whizz WiFi believes that your registration on Whizz WiFi Site, access to the Whizz WiFi Site and use of Whizz WiFi Site will cause a liability for other users or Whizz WiFi; and

         If Whizz WiFi believes that your registration with Whizz WiFi Site may cause reputational risk to Whizz WiFi.

You hereby acknowledge that once your account with Whizz WiFi Site is suspended or terminate, you shall not be allowed to access or use the Whizz WiFi Site or register again and create a new account with Whizz WiFi Site.

Notwithstanding the forgoing, in the event your account is suspended or terminate due to breach of any of the terms or provisions of the Agreement, Whizz WiFi reserves right to take appropriate strict legal action against you.

INDEMNIFICATION

You agree to indemnify and hold Whizz WiFi, its parents, subsidiaries, affiliates, officers, agents, employees, partners, licensors and content partners harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold Whizz WiFi harmless from any claims and expenses, including reasonable legal fees and court costs, related to your violation of this Agreement.

User agrees to indemnify and hold Whizz WiFi, its parents, subsidiaries, affiliates, officers, agents, employees, partners, licensors, agents, affiliates and content partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of such User's use, or submission, as applicable, of the Whizz WiFi Site, submitted by User, breach of the Terms of Use or User's violation of any law or the rights of a third party.

INTELLECTUAL PROPERTY RIGHTS

The materials provided on the Whizz WiFi Site for Service are for personal use only. You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Whizz WiFi or its affiliates, or third parties from whom Whizz WiFi has permission, own the trademarks or service marks that are used on the Whizz WiFi website. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Whizz WiFi and its licensors may not be used without prior written consent of Whizz WiFi or its licensor, as the case may be. Without limiting the foregoing, no Whizz WiFi trademark or trade dress may be used in connection with any product or service that is not Whizz WiFi's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Whizz WiFi.

BAR ON COPYING OR DISTRIBUTION

You may not reproduce, copy or redistribute the design or layout of this website, individual elements of the web site design, Whizz WiFi logos or other logos appearing on this website, without the express written permission of Whizz WiFi. Reproduction, copying or redistribution for commercial purposes of any materials or design elements on the Whizz WiFi website is strictly prohibited without the express written permission of Whizz WiFi, Inc. Images and descriptions of products may be supplied to us by third parties, who reserve all rights in those materials.

HYPERLINKS TO THIRD PARTY SITES

The Whizz WiFi Site may contain hyperlinks to other web sites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Whizz WiFi Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Whizz WiFi Site. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Whizz WiFi Site or any other form of link or re-direction of your connection to, with or through the Whizz WiFi Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Whizz WiFi, any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, or operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site. The Whizz WiFi Site is only providing these links to you as a convenience. If any third party site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability.

TERMINATION OF YOUR REGISTRATION OR USE

1.       If you are registered to use the Whizz WiFi Site, you may deactivate your account on the Whizz WiFi Site, at any time and for any reason, by sending us an email on support@whizzwifi.com.

2.       We may terminate your use of and registration on the Whizz WiFi Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

3.    We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Whizz WiFi may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy.  Whizz WiFi shall not have any liability to you for any such action.

INTERNATIONAL USE

This Site is accessible worldwide. Users accessing Whizz WiFi from locations outside India must do so in accordance with their local laws, and accessing the Site from territories where its contents are illegal is prohibited. As far as possible Whizz WiFi will try and comply with local laws such as the requirement for SMS verification in certain jurisdictions and compliance with the General Data Protection Regulation 2016/679 in the European Union countries. Regardless, those who choose to access this Site from other locations do so at their own initiative and are responsible for compliance with local laws.

NOTICE

Whizz WiFi may give notice by means of a general notice on the Website, or by electronic mail to your e-mail address on record in Whizz WiFi’s account information, or by written communication sent by regular mail to your address on record in Whizz WiFi’s account information.

You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/ electronic record.

FEEDBACK

Whizz WiFi is always open to the suggestions of the user/s and shall endeavor to do all such suggestions that may enhance the utility to the user/s for the benefit of user/s as well as Whizz WiFi.

By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Whizz WiFi does not waive any rights to use similar or related Feedback previously known to Whizz WiFi, developed by its employees or contractors, or obtained from other sources. Whizz WiFi is not bound by suggestions/feedbak in any manner whatsoever.

PARTICIPATION IN PROMOTIONS

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

DISPUTE RESOLUTION AND GOVERNING LAW

The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Whizz WiFi to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Whizz WiFi shall be excused from performing its obligations under this Agreement to the extent its performance is delayed or prevented by a force majeure event.

CONTACT INFORMATION

Except as explicitly noted on this site, the services available through this site are offered by Whizz WiFi. Our telephone number is +91 70450 77650. If you notice that any user is violating these Terms of Use, please contact us at support@whizzwifi.com.