Tata Communications

Tata Communications Hong Kong WiFi Hotspot Terms of Service

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

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND MAY AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICE. SEE SECTION 6 FOR DETAILS ON THIS PROVISION.

THE SERVICE
1. The Service provides connectivity between your equipment and the Internet. We offer the Service to you and do 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 cease use of the Service.
2. Specifically, the Service provides access from the equipment to the public Internet. We will not provide the equipment.
USING THE SERVICE
1. As required under applicable law, you must register to use the Service with genuine and truthful information. You will not 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 without notice to you. You are encouraged to view the Terms from time to time. The modified terms will automatically apply to the Service and to the customer’s continued use except as provided below. If you do not agree to the modified terms, you should cease using the Service.
2. The Service is subject to certain performance limitations that impact your use of the Service. More information about the network practices, performance characteristics, and commercial terms applicable to this mass market Wi-Fi broadband Internet access service can be found at this link.
3. No equipment will be provided by us to you. We are not responsible for problems with your equipment that may inhibit or prevent your ability to use the Service. Equipment provided to you, if any, is from a third party (“Device Supplier”) is the responsibility of the Device Supplier.
4. We will do our best to provide the Service, however the Service may sometimes be unavailable in part or completely. We need not give you notice of the Service availability and to the extent permitted by applicable law, we are not liable to you for any service interruption.
5. 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 location.
6. The Service may be used only for lawful purposes. You will not use or allow others to use the Service in any manner that is, or in our view, is reasonably likely to be, in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. You will not transmit or distribute any material in violation of, or which is likely to be in violation of, any applicable law or regulation, including, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, or material that is obscene, illegal, defamatory, menacing, or violates export control laws. Should we become aware of your misuse of the Service or we reasonably are of the view that you are likely to misuse the Service, we reserve the right to limit, restrict, or terminate your access to the Service. You will be responsible for all activities taking place under your Service account.
7. Although we may impose filters on certain websites, you may encounter content that you find offensive, objectionable, obscene, threatening, or harmful. We do not control the content available using the Service, and it is your responsibility to control the websites you access while using the Service.
8. We may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any specific period. If required by law, we will provide you with advance notice of the usage threshold applicable to your Services, or any changes to the applicable usage threshold through appropriate means. Please see our Network Management Policy as described above.
9. Your throughput speed may also be reduced by our underlying provider, as applicable, without notice. In such instance, we shall not be responsible to providing you notice of this restriction.
10. We are not responsible for the accuracy, completeness or timeliness of any information obtained through the Service, nor are we responsible for any goods or services supplied by any other party, even if those goods or services are accessed through the Service.
11. We are not responsible for the security of your information and encourage you to take appropriate measures to ensure that your confidential information remains secure.
12. Extended use of the Service outside of your registered national location may be subject to additional limitations including throttling or lack of availability.
13. Your use of the Service grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties accessed using the Service.
14. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content that is accessed using the Service, unless permission is granted to you by the copyright holder of that content.
15. Our Privacy Policy explains how we collect, use and protect your personal information.
YOUR OBLIGATIONS
1. You agree that you will not use the Service:
  1. in contravention of our Acceptable Use Policy (also known as the ‘Fair Usage Policy’) ;
  2. for any illegal or unlawful purpose;
  3. in a way that would infringe the rights of others, including but not limited to infringing copyright;
  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 access the Service using the interface provided by the Device Supplier and use compatible and lawful equipment to access the Service;
  2. ensure that your data and equipment is protected from damage or loss caused by failures, errors, delays or interruptions in the Service in addition to protection from viruses, trojans, malware or other threats;
  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 us against all losses, liabilities, costs and expenses which we may incur as a result of any third party claim against us arising from, or connection with, your breach of these Terms.
PROTECTION OF YOUR INFORMATION
1. We do not guarantee the security of your data. Note that no measure can guarantee the security of your data and we make no assurances that the measures used are sufficient. Data encryption may or may not be available in your location.
2. Ultimately, the security of your own data is your responsibility. We recommend that you install appropriate anti-virus software on the device which you are using to access the Service.
3. You will not use the Service in any way that may compromise our security or the security of other users of the Service.
4. You will not share your access to the Service with others. If you do so, any breach of the Terms committed by them when using the Service shall be your responsibility
TERM AND RENEWAL
1. Your Agreement begins on the day we activate your Service(s) and will continue for a minimum period of twelve (12) months (the “Service Commitment Term”). Customer 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 customer has provided an automated payment method (for example, a credit card or bank account) customer has consented to being charged for this renewal.
3. If you do not wish to renew the service, you must notify us, in writing, of your intent to cancel the service at least sixty (60) days in advance of the end of the Service Commitment Term.
4. In the event that the services are provided on a month-to-month basis, then you must provide a written notice at least thirty (30) days in advance of the beginning of the next monthly Service Commitment Term to terminate the service your Agreement has no Service Commitment, it is a month-to-month Agreement.
5. In the event that your payment is not received for the renewed term in advance of the end of the Term, Services may be suspended and de-activated without notice to you. In such event, you will continue to be liable for the cost of the Services for the duration of the Agreement, until such time as services are terminated by you in accordance with Section 5.3 of these Terms.
BINDING ARBITRATION
1. You and Tata Communications agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
  1. claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  2. claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  4. claims that may arise after the termination of this Agreement.
2. References to “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of relevant agencies, for instance the telecommunication regulator in your location. Such agencies can, if the law allows, seek relief against us on your behalf. The Arbitration Ordinance (Cap. 609) governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
3. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be [one/three]. The arbitration proceedings shall be conducted in [English].
4. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
LIMITATION ON LIABILITY
1. Notwithstanding any clause herein, nothing in these Terms is intended to exclude or limit our liability for:
  1. fraud or fraudulent misrepresentation;
  2. breach of Part 2 of the Supply of Services (Implied Terms) Ordinance (Cap. 457), if applicable; and
  3. any other liability that cannot be excluded or limited by applicable laws.
2. Except as listed herein and subject always to clause 7.1 above, we have no responsibility to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from, or in connection with, use of the Service or inability to use or access the Service or a failure, suspension or withdrawal of all or part of the Service at any time or damage to physical property or for any other similar direct loss that may arise.
3. We have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any indirect or consequential loss or damage whatsoever, subject always to clause 7.1 above.
4. Unless prohibited by law, the following limitations of liability apply. Your Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of spectrum, interruption of service by our 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. Tata Communications 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. We are not responsible for loss or disclosure of any sensitive information you transmit. You acknowledge that wireless connectivity is not as secure as wired connectivity.
7. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICES OR COVERAGE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY PLAN, DATA SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL WE BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
  1. Act or omission of a third-party;
  2. Mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
  3. Damage or injury caused by the use of the Services, including use in a vehicle;
  4. Claims against you by third parties; or
  5. Damage or injury caused by a suspension or termination of the Services or by us.
8. Unless prohibited by law, we are not liable for any indirect, special, punitive, incidental 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 us, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
9. To the full extent allowed by law, you hereby release, indemnify, and hold us, including our officers, directors, employees and agents harmless from and against any and all claims of any 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), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM OUR ALLEGED NEGLIGENCE or any violation by you of this Agreement. This obligation shall survive termination of your Agreement with us. We are 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.
10. CERTAIN JURISDICTIONS MAY NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY IN YOUR LOCATION. YOUR LEGAL RIGHTS UNDER THIS AGREEEMENT MAY VARY BASED ON YOUR LOCATION.
GENERAL
1. We can change these Terms at any time. We will provide notice of changes in the Terms in any manner acceptable by law, including by sending you an email notification. Any modified Terms will automatically apply to the Service and to the customer’s continued use after such change in Terms. If you do not agree to the modified terms, you should cease using the Service.
2. We can suspend, restrict, or stop your access to the Service at any time without notice.
3. If we need to notify you for any reason, we will do so by email when registering for the Service. If you need to notify or contact us, whether for a complaint or otherwise, please do so by email to movecustomers@tatacommunications.com.
4. If any part of these Terms is disallowed 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 Terms shall be governed and construed in accordance with the Laws of Hong Kong.
6. The Service may be subject to any usage cap or restrictions we may reasonably impose.
7. If we determine that you have breached any of the Terms we can limit, restrict, or terminate your access to the Service
8. If you have questions about these Terms or the Service, we can be reached at movecustomers@tatacommunications.com.