Tata Communications (Spain) SL | 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 referenced below together make up the terms and conditions ("Terms") under which Tata Communications (Spain) SL (“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 the 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.   

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. 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.
2. 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. 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 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. 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. 
   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, TC reserves the right to limit, restrict, or terminate your access to the Service.
   6. TC may reduce, at its sole discretion, customer 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, TC will provide you with advance notice of the usage threshold applicable to the Services, or any changes to the applicable usage threshold through appropriate means.  For more information, please see our Network Management Policy at here.
   7. Your throughput speed may also be reduced by TC’s underlying provider, in its sole discretion, as applicable. In such instance, TC shall not be responsible to provide you notice of such restriction.
   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 your access to the content you access while using the Service. 
   9. TC is not responsible for the accuracy, completeness, nature 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.
   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.  Service may be unavailable in all areas and may only be available in a certain geographic area covered by the network connectivity.  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.
3. YOUR OBLIGATIONS
   1. You agree that you will not use the Service:
      1. in contravention of TC’s Acceptable Use Policy; https://www.tatacommunications.com/policies/acceptable-use/;
      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 does 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 these Terms.
4. PROTECTION OF YOUR 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 the you use 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. 
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. 
   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.  
6. PLACE OF JURISDICTION AND APPLICABLE LAW
   1. This Agreement shall be governed by and interpreted in accordance with the laws of Spain, 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 Spain, to the exclusion of any other court, without prejudice to the right of the user to file a complaint to the Secretary of State of Telecommunications and for the Information Society
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. Unless prohibited by applicable law, 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, or for any 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 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 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.
8. GENERAL
   1. TC can change these Terms at any time for the business needs of TC. If you choose not to accept the changed Terms, you have the right to terminate the contract in advance and with no penalties and should stop using the Service. 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 without 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 at 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
   7. If you have questions about these Terms or the Service, TC can be reached at movecustomers@tatacommunications.com