Tata Communications

Tata Communications (Australia) Pty Ltd | WiFi Hotspot Terms of Service

The terms below and the Acceptable Use Policy (also known as the ‘Fair Usage Policy’), Privacy Policy, and Network Management Policy, together make up the terms and conditions ("Terms") under which Tata Communications (Australia) Pty Ltd (“Tata Communications”, “TC”, “we”, “us” or “our”) will provide a registered user (“you” or “your”), with wireless access to the Internet service (“Service”), and your use of the Service is subject, at all times, to the Terms. The Terms bind you and TC at the earliest when: (i) you accept these Terms online by selecting the ‘Click/Accept’ option; (ii) you accept these Terms by e-signature; or (iii) when you commence the use of the Service, at which time a binding agreement is formed between you and TC.

THE SERVICE
1. The Service provides connectivity between your equipment and the Internet. TC offers the Service to you and does not offer the underlying interface or device used to access the connectivity. In using the Service, you agree to these Terms; should you not wish to be bound by the Terms, you should immediately cease use of the Service.
2. Specifically, the Service provides access from the equipment to the public Internet. TC will only provide the Service, not the equipment.
USING THE SERVICE
1. As required under applicable law, you must register to use the Service with genuine and truthful information. You warrant that your profile data and other data provided are correct. You shall inform TC of any changes to this data without undue delay, by updating your online account via email, pursuant to Section 8.3 of these Terms. You agree not to share your login details with anyone else except as permitted on the Acceptable Use Policy (also known as the ‘Fair Usage Policy’) and described herein. The Acceptable Use Policy (also known as the ‘Fair Usage Policy’) can be found at https://www.tatacommunications.com/policies/acceptable-use/ and is subject to change at any time and the modified terms will automatically apply to the Service and to the customer’s continued use except as provided below. Notice of a change will only be given if changes are material or will have an adverse impact on you. TC will notify you of changes that are material or will have an adverse impact on you by email or by publishing changes on the TC website, or through an alert on the interface of select Devices. By continuing to use any of the Services after TC notifies any such changes, you are deemed to have accepted the Terms, as modified.
2. TC is not responsible for any problems with your equipment that may inhibit or prevent your ability to use the Service.
3. TC will do its best to provide the Service, however the Service may sometimes be unavailable in part or completely due to causes, including those that may be outside its control, for which TC is not liable. You may have additional rights under Australian Consumer Law as described in section 9 of these Terms.
4. The Service may be subject to content filters which will block certain websites. Device filters may be required by applicable law and may vary based on your geographical location.
5. Although TC may impose filters on certain websites, it is your responsibility to refrain from accessing any illegal, offensive, abusive, indecent, defamatory, obscene or menacing material. Should TC be notified of illegal content being accessed, including through notice by the underlying mobile network operator, TC reserves the right to limit or restrict your access to the Service
6. TC may reduce customer data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any specific period. More information is provided in our Network Management Policy which can be found here. TC will provide you with advance notice of your usage when you reach 50%, 85% and 100% of the usage threshold applicable to the Services, or any changes to the applicable usage threshold through appropriate means, such as via email, a notice via the interface of compatible devices, or through your online account on the TC website.
7. Your throughput speed may also be reduced by TC’s underlying provider, as applicable. In such instance, TC will provide you with advance notice of your usage when you reach 50%, 85% and 100% of the usage threshold applicable to the Services, or any changes to the applicable usage threshold through appropriate means, such as via email, a notice on the equipment interface, or through your online account on the TC website.
8. In using the Service, you may encounter content that you find offensive, objectionable, obscene, threatening, or harmful. TC does not control the content available using the Service, and it is your responsibility to control the websites accessed while using the Service.
9. TC is not responsible for the accuracy, completeness or timeliness of any information obtained from third parties through the Service, nor is TC responsible for any goods or services supplied by any other third party, even if those goods or services are accessed through the Service.
10. As a mobile connectivity solution, your use of the Service will depend on the network connectivity of third-party providers which is outside of TC’s control, and for which TC is not liable. Service may be unavailable in all areas and may only be available in a certain geographic area covered by the network connectivity. You may have rights against the third-party providers under Australian consumer guarantees relating to the supply of services, in section 9 of these Terms. Extended use of the Service outside of your registered national location may be subject to additional limitations including throttling or lack of availability or may affect the quality or availability of the Service that TC provides to you.
11. Your use of the Service grants no rights to you in relation to TC’s intellectual property rights or the intellectual property of third parties accessed using the Service.
12. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, modify, communicate to the public or distribute in any way any (intellectual property protected) content that is accessed using the Service, unless permission is granted to you by the intellectual property rights holder of that content.
13. TC’s Privacy Policy explains how it collects, uses and protects personal information of customers of the Service.
YOUR OBLIGATIONS
1. You agree that you will not use the Service:
  1. in contravention of TC’s Acceptable Use Policy (also known as the ‘Fair Usage Policy’) https://www.tatacommunications.com/policies/acceptable-use/;
  2. for any illegal, incompatible or unlawful purpose and shall not knowingly allow third parties to do this either;
  3. in a way that would infringe the rights of any third party, including but not limited to infringing intellectual property rights;
  4. to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing; or
  5. in any way that interrupts, damages, impairs or renders the Service less efficient.
2. You agree that you will:
  1. only be entitled to use the Service if you comply with all legal requirements and do not pursue any purposes in breach of the Terms or applicable Australian law;
  2. not share the data and information received in the context of using the Service with third parties for commercial purposes, or to further process these.
  3. disassociate yourself from the VIN and device, in the event you sell the device. The service will not transfer to another device or user. This contract is non-transferable.
  4. To the maximum extent permitted by Australian law indemnify TC against all losses, liabilities, costs and expenses which TC may incur as a result of any third party claim against TC arising from, or connection with, your direct or indirect breach of these Terms.
PROTECTION OF INFORMATION
1. the security of your own data is your own responsibility. TC recommends that you install appropriate anti-virus software on the device you are using to access the Service.
2. You will not use the Service in any way that may compromise TC’s security or the security of other users/customers of the Service.
3. You will not share access to the Service with any third party.
TERM AND RENEWAL
1. The duration of this agreement begins on the day TC activates the Service(s) and will continue for a minimum period of twelve (12) months (the “Service Commitment Term”). You will pay for the Services in advance at the beginning of the Service Commitment Term.
2. At the end of each Service Commitment Term, this agreement will automatically renew for a further period of one (1) year and a new Service Commitment Term will commence. Such renewal of the Service will continue automatically at the end of each successive Service Commitment Term, unless Section 5.3 below applies. If you have provided an automated payment method (for example, a credit card or bank account, you have consented to being charged for this renewal).
3. If you do not wish to renew the Service, you must notify TC, in writing, of your intent to terminate the Service at least sixty (60) days in advance of the end of the then current Service Commitment Term. TC will notify you of this right via email at least ninety (90) days in advance of the end of term so you have an opportunity to terminate
4. In the event that the Services are provided on a month-to-month basis, you must provide a written notice at least thirty (30) days in advance of the beginning of the next monthly Service Commitment period to terminate the Service.
5. In the event that the payment is not received for the renewed term in advance of its commencement, the Services may be suspended and de-activated. TC will notify you prior to deactivation. This deactivation may also affect the functionality of the emergency call service, if any such service is provided.
PLACE OF JURISDICTION AND APPLICABLE LAW
1. This Agreement shall be governed by and interpreted in accordance with the laws of [Australia, to the exclusion of the UN convention on contracts for the international sale of goods. This choice of law shall only apply to the extent that it does not deprive the consumer of any binding applicable consumer protection regulations in the state where the you have your usual place of residence at the time of conclusion of the Agreement.
2. Any dispute or litigation relating to the existence, conclusion, validity, interpretation, performance or termination of this Agreement shall be submitted to the jurisdiction of the courts of Australia to the exclusion of any other court.
LIABILITY
1. TC is not the content provider and assumes no liability for the accuracy and topicality of the data and information transmitted via the Service, nor for damage resulting from inaccuracies and outdatedness of such data and information.
2. To the maximum extent permitted by Australian law, TC is not liable for damage incurred as a result of the usage of a device not applicable for the usage of the Service.
3. xcept as limited by other sections under these Terms, TC’s liability under or in connection with this agreement and arising under any theory of liability, is limited to the amount paid for the Services for one year.
4. Unless prohibited by applicable law, including Section 9 of these Terms, the following limitations of liability apply. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of spectrum, interruption of Service by TC underlying provider, system load, emergency conditions, or network outage. Availability and access to the network may be restricted. Access to certain websites or third-party services may be unavailable in your location.
5. Additional hardware, software, subscription, Internet access from your compatible PC, and/or special network connection may be required, and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third-party products and/or services, which are subject to any applicable third-party terms and conditions and may require separate purchase from and/or agreement with the third-party provider. TC is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
6. Unless prohibited by applicable law, TC is not liable for any indirect, special, punitive, incidental, unforeseeable, economical or consequential losses or damages you or any third party may suffer by use of, or inability to use, the Service provided by or through TC, including loss of business or goodwill or revenue or profits. This liability limitation does not apply in cases of willful intent, gross negligence or in case of injury to life, body or health.
7. To the maximum extent permitted by Australian law, you hereby release, indemnify, and hold TC, including its officers, directors, employees and agents harmless from and against any and all claims of any (third) person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, the Service and any person’s use thereof (including, but not limited to, vehicular damage and personal injury), due to any violation by you of this Agreement. This obligation shall survive termination of your Agreement with TC. TC is not liable to you for changes in operation, equipment, or technology that cause your ability to use the Service being rendered obsolete or require modification.
GENERAL
1. TC can change these Terms at any time, and will notify you of any material changes via email, pursuant to Section 8.3 of these Terms. If you choose not to accept the changed Terms, you have the right to terminate the Service by providing TC with 30 days’ notice of termination. Continued use after a change of terms shall constitute consent to the change and the modified terms will automatically apply to the Service and to your continued use of the Services.
2. TC can suspend, restrict, or stop the access to the Service at any time with notice for any reason in TC’s discretion, including for system maintenance, improvement, congestion, or failure or if TC suspects the Service (in whole or in part) is being used for any unauthorized or inappropriate purpose, or for reasons unrelated to you or your account with TC. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access any or all of the Services, including the emergency services.
3. If TC needs to notify you for any reason, TC will do so by email to the email address which you have provided to us when registering for the Service. If you need to notify or contact TC, whether for a complaint or otherwise, please do so by email to movecustomers@tatacommunications.com.
4. If any part of these Terms is unenforceable or found to be ineffective by any court or regulator, that part will be removed from this agreement and the other provisions shall continue to apply.
5. The Service may be subject to any usage cap or restrictions TC may reasonably impose.
6. If TC determines that you have breached any of the Terms TC can limit, restrict, or terminate the access to the Service. You have a right to contest this decision by emailing movecustomers@tatacommunications.com
7. If you have questions about these Terms or the Service, please email us at movecustomers@tatacommunications.com.
AUSTRALIAN CONSUMER LAW
1. Under Australian Consumer Law, suppliers of services, including but not limited to TC, owe you certain guarantees relating to the supply of services. These guarantees cannot be excluded, restricted or modified. Namely:
  1. there is a guarantee that the services will be rendered with due care and skill;
  2. there is a guarantee that any product resulting from the services will be reasonably fit for purpose; and
  3. there is a guarantee that services will be supplied in a reasonable time.
2. A term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) is void to the extent that the term purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying the consumer guarantees.