Tata Communications

TATA COMMUNICATIONS (SWITZERLAND) GMBH | 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 (Switzerland) GmbH (“Tata Communications”, “we”, “us” or “our”) will provide a registered user (“you” or “your” or “customer”), 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 Tata Communications at the earliest when (i) you accept these Terms online by selecting the ‘Click/Accept’ option; or (ii) when you accept these Terms by e-signature.

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 by appropriate means and providing genuine and truthful information to use the Service. You will not share your login details with anyone except as permitted by the Acceptable Use Policy (also known as the ‘Fair Usage Policy’) and described therein. 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. You are obliged to periodically visit and review the Acceptable Use Policy (also known as the ‘Fair Usage Policy’) and to abide thereby when you continue to use the Services.
2. 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”) and is the sole responsibility of the Device Supplier.
3. We will do our best to provide the Service, however, the Service may sometimes be partially or completely unavailable. We do not need to give you notice of the Service availability and you are not entitled to have the Service made available at a specific location. Liability for Service availability, Service interruption, for data transmission quality or a minimum bandwidth is explicitly excluded.
4. You acknowledge and understand that the Service may be subject to content filters which will block certain websites and/or deep dive packet inspections. Device filters may be required by applicable law and may vary based on your location.
5. 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, racial, discriminatory 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.
6. 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 your access to the content you access while using the Service.
7. 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.
8. Your throughput speed may also be reduced by our underlying provider, as applicable, without notice. In such instance, we shall not be responsible for providing you notice of this restriction. For more information, please see our Network Management Policy at this link.
9. We are not responsible and/or liable for the accuracy, completeness, nature or timeliness of any information obtained through the Service, nor are we responsible and/or liable for any goods or services supplied by any other party, even if those goods or services are accessed through the Service.
10. We are not responsible for the security of your data and encourage you to take appropriate measures to ensure that your confidential information remains secure.
11. Extended use of the Service outside of your registered national location may be subject to additional limitations including throttling or lack of availability.
12. 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.
13. 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.
14. Our Privacy Policy explains how we collect, use and protect your personal data.
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 copyrights;
  4. to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing or violates any applicable law; 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 against damage or loss caused by failures, errors, delays or interruptions in the Service in addition to protection against 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 DATA
1. We do not guarantee, represent or warrant the security of your data. Note that no measure can guarantee the security of your data and we make no representation or warranty that any measures used are sufficient to protect your data. 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 except as permitted by the Acceptable Use Policy (also known as the ‘Fair Usage Policy’) and described therein. If you do so, you are responsible for any breach of the Terms committed by any unauthorized person.
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.
LIMITATION ON LIABILITY
1. Except as listed herein and to the extent permitted by law, we exclude our liability to compensate you 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 and exclude our liability (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 and excludes any liability 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, warrant or make any representations for uninterrupted Services or coverage. We make no warranty or representation, 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 for any:
  1. act or omission of third-parties;
  2. mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us, unless committed by willful act or gross negligence;
  3. damage caused using the Services, including use in a vehicle, unless they are the results of a willful act or gross negligence;
  4. claims against you by third parties; or
  5. damage caused by a suspension or termination of the Services or by us, unless they are the results of a willful act or gross negligence.
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.
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) 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 Terms 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. Any modified Terms will automatically apply to the Service and to the customer’s continued use after such change in Terms.
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 at 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 these Terms and the other provisions shall continue to apply.
5. The Terms shall be governed by and construed under substantive Swiss law without regard to conflicts of laws principles. The Vienna Convention on the Sales of Goods (CISG) dated 11 April 1980 shall not apply. The place of jurisdiction shall be the seat of the Customer or , if applicable, the seat of Tata Communications.
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.