TC PoP Communication GmbH WiFi Hotspot Terms of Service

The terms below and the Acceptable Use Policy (also known as the ‘Fair Usage Policy’), along with the Privacy Policy and Network Management Policy, together make up the terms and conditions ("Terms") under which TC PoP Communication GMBH (“Tata Communications”, “TC”, “we”, “us” or “our”) will provide a registered user (“you” or “your” or “customer”), 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) if you are a business in the meaning of the consumer protection Act (in the following a “business”) when you commence the use of the Service, at which time a binding agreement is formed between you and TC.

1. 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. 
   2. Specifically, the Service provides access from the equipment to the public Internet. TC will only provide the Service, not the equipment.
   3. TC will start providing the service within three (3) working days from the conclusion of the service contract. Should TC not start with the service provision within 3 working days, you have the right to withdraw from the contract.
2. USING THE SERVICE
   1. 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. You agree not to share your login details with anyone 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. The essential content of the non-exclusively favourable changes will be communicated to you at least one month before the change takes effect. TC will inform you of the date on which the changes take effect and that you are entitled to terminate the contract free of charge up to that date. The full text of the changes will be sent to you upon request. 
   2. You will find information on the scope and the quality of service in our Network Management Policy. The services may be temporarily interrupted or restricted for maintenance or if requested by official orders. Technical malfunction of the network will be remedied without culpable delay. If TC does not provide the service quality in accordance with the service descriptions applicable to you for longer than one full calendar day, TC will pay you back your fixed monthly or yearly fees pro rata for the duration of the non-fulfilment. Further claims are excluded.
   3. It is your responsibility to refrain from uploading, transmitting or saving any illegal, offensive, abusive, indecent, defamatory, obscene or menacing material. Should TC be notified of such material being uploaded, transmitted or saved, TC reserves the right to block your access to the Service or may terminate the service for cause.
   4. TC may reduce, at its sole discretion, customer data throughput speeds at any time or place if your data usage exceeds an agreed usage threshold during any specific period as described in our Network Management Policy. 
   5. 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 it accesses while using the Service. 
   6. TC is not responsible for the accuracy, completeness or timeliness of any information obtained 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.
   7. The 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. 
   8. 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.
   9. 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 right holders of that content.
   10. TC’s Privacy Policy explains how it collects, uses and protects personal information of customers such as you.
3. 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’);
      2. for any illegal, incompatible or unlawful purpose and shall ensure that third parties do not 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 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 as this contract is non-transferable. The Service will not transfer to another device or user; and
      4. 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 point 3.1 of these Terms.
4. 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 which customer is 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. If you do so, any breach of the Terms committed by them when using the Service shall be your full responsibility and you will hold TC harmless from any responsibility in this respect. 
   4. We may disclose your identity to a third party at the latter’s request if the third party can demonstrate an overriding legal interest in establishing your identity and a specific illegal fact.
5. 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, you may renew this agreement for a further period of one (1) year in accordance with section 5.3 below and a new Service Commitment Term will then commence.
      If you wish to renew the Service, you must renew the Service before the end of the then current Service Commitment Term. If no renewal notice is received, the Service will continue to be provided, and you will continue to pay for the Service, unless the Service is terminated by you or us at the end of the term on 30 days prior notice, or as otherwise provided for in this Agreement.  A higher monthly charge may be applicable if the Service Commitment Term is not renewed.
6. PLACE OF JURISDICTION AND APPLICABLE LAW
   1. This Agreement shall be governed by and interpreted in accordance with the laws of Austria 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 you of any binding applicable consumer protection regulations in the country where 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 Austria, to the exclusion of any other court. For lawsuits against consumers who have their domicile or habitual residence in Austria or are employed in Austria, the place of jurisdiction shall be the place of the consumer’s domicile, habitual residence or place of employment.
7. 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. 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. Except 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. 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. TC is not liable for any lost profits, lost savings, lost data, indirect or consequential damages or damages resulting from third party claims in as far as this does not contravene binding law. This liability limitation does not apply in cases of willful intent, gross negligence or in case of injury to life, body or health.
   7. TC´s liability is governed by the applicable statutory provisions.
   8. To the full extent allowed by 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 to indemnify and hold harmless exists in the event of violations of the obligations in point 3.1. This obligation shall survive termination of your Agreement with TC. TC is not liable to you for changes in operation, equipment, or technology that may restrict your ability to use the Service or require modification if these changes are moderate, technically reasonable and adequate.
8. GENERAL
   1. TC can change these Terms at any time and will communicate the essential content of the non-exclusively favourable changes at least one month before the change takes effect. TC will inform you of the date on which the changes take effect. The full text of the changes will be sent to you upon request.    
   2. If you choose not to accept the changed Terms, you can terminate the service agreement free of charge up to that date. 
   3. TC can suspend, restrict, or stop the access to the Service for required system maintenance, improvements or for traffic management purposes. These suspensions or restrictions will be as short as technically possible and will be announced by email. If suspension or termination of the Service occurs, you acknowledge and agree that you may not be able to access any or all the Services, including the emergency services.
   4. 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 regarding these terms, please do so by email at movecustomers@tatacommunications.com. 
   5. 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.
   6. If you have questions about the Service, please reach out to Jaguar Land Rover:

      Jaguar Vehicles
      Jaguar Land Rover Austria GmbH
      Siezenheimer Straße 39a
      5020 Salzburg
      Österreich
      00800 - 338670 49
      info5@jaguarlandrover.com
      Monday to Friday from 8h to 20h

      Land Rover Vehicles
      Jaguar Land Rover Austria GmbH
      Siezenheimer Straße 39a
      5020 Salzburg
      Österreich
      00800 - 338670 50
      info3@jaguarlandrover.com
      Monday to Friday from 8h to 20h

   7. Irespective of the jurisdiction of the courts, you may submit disputes or complaints to the regulatory authority (RTR; www.rtr.at) within the statutory period (currently one year) by way of a written complaint, e.g. on the quality of our services, or in the case of payment disputes that we were not resolved or in the case of alleged violations of the Telecommunications Act. The procedure is conducted in accordance with the applicable guidelines published by the regulatory authority. The RTR attempts to find an amicable solution and informs you and TC of its view on the case. For further information, e.g. procedural guidelines, please visit the RTR website at www.rtr.at.