Tata Communications

Tata Communications International Pte Ltd. 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 Policy, together make up the terms and conditions (“Terms”) under which Tata Communications International Pte Ltd (“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.

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-useand is subject to change at any time upon our providing reasonable advance notice to you of such change. The modified terms will apply to the Service and to the customer’s continued use from the date specified in the notice we give to you of such change, except as provided below.
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 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 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 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, 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.
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
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. 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.
3. 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.
PROVISIONS APPLICABLE TO ARBITRATION PROCEEDINGS
1. In the event that a dispute arising out of or in connection with this Agreement is to be jointly submitted to arbitration pursuant to Section 8.13, the following provisions shall apply.
2. 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. This arbitration provision shall survive termination of this Agreement.
3. The arbitration shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Section, except as such SIAC Rules conflict with the provisions of this Section, in which event the provisions of this Section shall prevail. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator nominated jointly by you and us, or failing such joint nomination, by the Chairman for the time being of the SIAC. The language of the arbitration shall be 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. YOU AND TATA COMMUNICATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we both agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
LIMITATION ON LIABILITY
1. Except as listed herein, 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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 by providing reasonable advance notice to you of such change. We will provide notice of changes in the Terms in any manner acceptable by law, including by sending you an e-mail notification. Any modified Terms will apply to the Service and to the customer’s continued use from the date specified in such notice to you of such change.
2. We can suspend or terminate your access to the Service at any time without prior notice in the following circumstances:
  1. you have created, or are likely to create, imminent physical harm (such as interruption, disruption or congestion) to our network;
  2. you have defrauded us;
  3. we are acting in compliance with a requirement of any relevant regulatory authority or law enforcement body;
  4. if you are an individual, your death; or
  5. if you are a corporation, you ceasing to carry on your business.
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 under Singapore law.
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 may suspend or terminate your access to the Service by giving you not less than 30 days’ written notice thereof, stating the reason(s) for the suspension or termination of the Services and the means by which you may avoid such suspension or termination.
8. If you have questions about these Terms or the Service, we can be reached at movecustomers@tatacommunications.com.
9. You will not be liable to pay for any Service that you have not consented to receive.
10. If you dispute any amount stated in any bill, you shall notify us in writing of such dispute (setting out the grounds and reasons for such dispute) before the due date for payment stated in your bill. On our receipt of such notice, we will conduct a complete and objective review of such dispute and will provide you with a written response within 30 days of our receipt of your notice. Prior to receiving our written response, you will not be required to pay the amount which you have disputed.
11. If, following our review, we conclude that there is no mistake in your bill, you will be required to pay us the amount of the charges which you have disputed within the period stipulated by us in our written response to you. If you fail to make payment to us within such period, we may charge you for interest accruing on the unpaid amount from the date that such amount was due and payable to us.
12. If you have paid a bill or charge in respect of the Services and wish to dispute it subsequently, you must notify us in writing of such dispute (setting out the grounds and reasons for such dispute) within:
  1. one year from the date of that bill; or
  2. if you have purchased a pre-paid service, one year from the date on which the charge was deducted.
13. In the event that we and you are unable to resolve any dispute relating to or arising from this Agreement (including any question regarding the existence, validity or termination of this Agreement), such dispute shall be resolved in the following manner:
  1. by referring such dispute to the Small Claims Tribunal, if the dispute falls within the jurisdiction of the Small Claims Tribunal;
  2. if we and you mutually agree, by jointly submitting the dispute to arbitration in accordance with Section 6; or
  3. by referring such dispute to any court of competent jurisdiction and, for this purpose, you hereby submit to the exclusive jurisdiction of the courts of Singapore.