These terms and conditions (“User Terms”) apply to your visit and your use of our websites at www.wifi.com, en.wifi.com, www.lianwifi.com and www.51y5.com (the “Website”), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service, and the Application. By using our Services, accessing our Website or downloading the Application you hereby agree to be bound by these User Terms.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR ACCESSING OUR WEBSITE OR USING OUR SERVICE.
If you reside in a jurisdiction that restricts or prohibits the use of the Service or Application, you may not use the Service or the Application.
The Service, Application and Website are provided by Wifimaster (Singapore) Pte Ltd (hereinafter referred to as “we” or “us”). We provide the ability to obtain Internet access services offered by third party Internet access providers, business owners or individuals (the “Access Provider”), which may be requested through the use of an application supplied by us and downloaded and installed by you on your single mobile device (smart phone) (the “Application”). All services provided by us to you through your use of the Application are hereafter referred to as the “Service”.
By using the Application or the Service, you enter into a contract with us (the “Contract”). If you are under the age of 13 you must not use our Service or download the Application. Your legal guardian or parent must agree to these terms for themselves and on your behalf if you are between 13 and 18 years old (or the age in your jurisdiction at which you are considered to be a minor). You represent that if you are registering on behalf of a legal entity, that you are authorised by such entity to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
These User Terms are subject to amendment by us from time to time. The amended version will substitute the former one upon release without further notice to you and will be made available on the Website for your review. The version on the Website shall be the most current version of the terms and shall apply to your use of the Service, Website or Application. By continuing to use the Service, Website or Application following the new User Terms being made available, you give your consent to the amended User Terms and they shall be binding upon you. You shall immediately stop using the Service, Website and Application provided by us if you do not accept the revised User Terms.
How does the Service / Application work?
The Application allows you to send a request for Internet access service to us. The Application detects the router information and sends your access information request to our platform. The platform matches the request with the shared password data stored on our platform and provides you with encrypted information via the Application to facilitate your connection. The password data is shared by an authorised Access Provider. The Access Provider has sole and complete discretion to share, not to share, or to blacklist the sharing of the WiFi passwords.
We do not provide Internet access services, and we are not a telecommunications carrier. It is up to the Access Provider to obtain authorisation to offer/share Internet access, which may be requested through the use of the Application and/or the Service. We only act as an intermediary between you and the Access Provider.
The Website, the Application and the Service may from time to time contain advertisements or links to content provided by us and any of our third party vendors and partners. You agree that you shall have no claim, whether against us or any of our affiliates, third party vendors or partners, in respect of any income, profit or any other benefit, economic or otherwise, in respect of such advertisement or links. We will not be responsible for any third party content or links to any third party sites on our Website or the Application.
You may use the Services / Application as one of the following:
(a)“User” means a person who has downloaded the Application and consented to the User Terms for the use or potential use of the Application or Service.
(b)“Registered User” means a person who has signed up, consented to the User Terms and is registered with us for the use or potential use of the Application or the Service.
Both Users and Registered Users must agree to these User Terms before using the Website, Application or Services. However, certain additional product features will be made available to Registered Users from time to time, which may not be available to non-registered Users.
Changes to the Service / Application
We reserve the right to unilaterally change, suspend, limit, terminate or cancel the Website, the Application and/or the Service, partly or wholly, at any time for any reason, including but not limited to violation or evidence of violation of the User Terms, and without any prior notice to you.
Your use of the Service / Application
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. We will attempt to keep the Website and the Application and its contents correct and up to date but we cannot guarantee and are not responsible for ensuring that the Website and/or Application are free of errors, defects, malware and viruses or that the content on the Website and/or Application are correct, up-to-date and accurate. We may from time to time, but are not obligated to, create or provide any support, corrections, updates, patches, bug fixes or enhancements to the Website, the Application and/or the Services.
Violations of these User Terms
We will have the right to investigate and prosecute violations of any of these User Terms to the fullest extent provided by law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website, Service, Application or any in-app content or to review or edit any in-app content, but we have the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to the Website, the Service or Application for or take legal action against you, if we, in our sole discretion, consider you to have committed an illegal act, be in violation of these User Terms or be acting in any way which is otherwise harmful to the Website, the Service or Application or other Users or Registered Users. In addition, we shall assist in the investigation into your activities upon request from any regulatory authority.
Ownership of the Services / Application
We possess the ownership of and the right to operate the Service. We will provide the Service in accordance with the User Terms and the corresponding rules and regulations issued by us.
2.Your Rights and Obligations
2.1 By using the Application or the Service, you further agree that you will:
(a)only use the Service or download the Application for your sole and personal use and will not resell it to a third party;
(b) not authorise any third party to use your account and will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
(c) not assign or otherwise transfer your account to any other person or legal entity;
(d) not use an account that is subject to any rights of or belonging to a person other than you without appropriate authorisation;
(e) not use the Service or Application:
(i) for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
(ii) to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(iii) to send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in any way which violates any third party’s privacy or other rights;
(iv) to send or store material containing software viruses, worms, Trojan horses, malware or other harmful computer code, files, scripts, agents or programs;
(v) to interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein;
(vi) for any form of malicious intent;
(vii) to cause nuisance, annoyance or inconvenience;
(viii) to upload or download large files or other unfair uses that may cause impairment of the Service for other Users, Registered Users or the Access Provider;
(f) not impair the proper operation of the network;
(g) not try to harm the Service or Application in any way whatsoever;
(h) not copy or distribute the Application or other content without our prior written permission;
(i) provide us with whatever proof of identity we may reasonably request;
(j) only share an Internet access point or information relating to an Internet access point which you own or are authorised to share;
(k) be responsible for ensuring that any information provided by you in relation to any Internet access point, including access passwords, are kept updated, unless you have notified us in accordance with these User Terms of your wish to withdraw your consent to sharing information to access your Internet access point. If there is any change to such information, you shall notify us and update such information within a reasonable period of time;
(l) notify us in writing if you wish to withdraw your consent to sharing or providing information relating to an Internet access point through the Application. We will remove all information relating to the Internet access point provided by you from the Application within 60 days of receipt of such notification from you;
(m) be responsible for standard messaging charges when requesting the Service or joining any contest held by us by SMS (if available in your jurisdiction);
(n) not use the Service or Application with an incompatible or unauthorised device; and
(o) comply with all applicable laws of your home nation, the country, state and/or city in which you are present while using the Application or Service.
2.2 You must not attempt to gain unauthorised access to the Website, the Application or Service or its related systems or networks.
2.3 We may at our sole discretion cancel or delete your registered account if it has not been active for a reasonably long time.
Definition of personal data
You acknowledge that personal data is defined as data from which an individual (meaning a living or deceased natural individual and not including legal individuals such as incorporated bodies) can be identified. Examples of this may include: your official name, ID number, phone number and IP address.
For what purposes do we process your personal data?
When you visit our Website and/or use our Application, we may process technical data such as your IP-address, visited webpages, the internet browser you use, your previous/next visited websites and the duration of a visit/session to enable us to deliver the functionalities of the Website and our Application. In addition, in certain instances, the browser and/or the Application may prompt you for your geo-location to allow us to provide you with an enhanced experience. With this technical data, our administrators can manage the Website and the Application, for instance by resolving technical difficulties or improving the accessibility of certain parts of the Website and/or the Application. This way, we are better able to ensure that you can (continue to) find the information on the Website and/or the Application in a quick and simple manner.
When you visit our Website and/or use our Application, we will also collect and process your data, such as your IP-address, country, language, mobile number, IMEI, device ID, MAC-address, information about the manufacturer, model, and operating system of your mobile device, including your mobile device’s screen resolution, and access point information, including SSID and BSSID. We use this data to enable us to deliver the functionalities of the Application, resolve technical difficulties, provide you with the correct and most up to date version of the Application and to improve the operation of the Application.
When you register as a Registered User, we will collect your country, language, password, mobile phone number, IP-address and MAC-address. We will use your contact details to send you a welcoming SMS to verify your phone number and password, to communicate with you in response to your inquiries, and to send you service-related announcements, for instance, if our Service is temporarily suspended for maintenance. We will use your registration information to create and manage your account. If you are required to SMS us to complete the registration, standard SMS charges may apply.
We may also use your contact details to send you general updates regarding our news, special offers and promotions with your prior consent. You may at all times opt-out of receiving these updates by emailing us at email@example.com or by following the steps to unsubscribe more fully described in any relevant email you receive from us.
We also use your personal data in an anonymised and aggregated form to closely monitor which features of the Service are used most, to analyse usage patterns and to determine where we should offer or focus our Service. We may share this anonymised information with third parties for industry analysis and statistics.
If you choose to use our referral feature in the Application to tell a friend about our Service, you will be prompted to enter your friend’s email address or mobile phone number or log into your preferred social network. Please ensure that you have your friend’s express permission to disclose this personal data before providing it to us. If you elect to refer a friend, we will automatically populate a message for you to send to your friend inviting him or her to try the Service on your behalf, however the actual message will be sent via your mobile device or social network and you will be able to edit the final message before you send it. We do not store your friend’s data.
Disclosure of personal data
When you request for Internet access services via the Application, we do not provide your personal data to any Access Provider.
We may employ third party companies and individuals to facilitate or provide the Service on our behalf, provide customer support, to host our job application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website or Application’s features) or to assist us in analysing how our Service is used. These third parties have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose.
We will disclose your personal data to the extent that this is legally required, necessary for the establishment, exercise or defence of legal claims and legal process, or in the event of an emergency pertaining to your health and/or safety.
Your rights regarding personal data
As a User or Registered User, you have the right to access information regarding your personal account, including information that you’ve provided to us. You may at any time request correction or erasure of your personal data, and object to any processing of your personal data by emailing us at firstname.lastname@example.org. We will respond to your access and/or correction request within four weeks. You may also amend your personal details and withdraw any given consent using your account.
Security of personal data
We have taken appropriate technical and organisational security measures against loss or unlawful processing of your personal data. To this purpose, your personal data is securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices as well as physical safeguards of the locations where data are stored. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Any transmission of information by you to us or to any third party is at your own risk.
Any IPR involved in the Application, Services and Website (including that of our Connected Partners) signs and names of products and services shall be owned by us (or our Connected Partners as applicable). You are not allowed to display, use or otherwise deal with our (or our Connected Partners’) IPR or signs by any means or represent that you have the right to display, use or otherwise deal with such IPR or signs without our prior written consent. “IPR” shall mean any copyright, design rights (whether registered or unregistered), database rights, patents, utility models, trademarks, signs, logos, trade names, domain names and topography rights and any other intellectual property having a similar nature of equivalent effect anywhere in the world and any applications for or registrations of any of these rights.
5. Liability and Disclaimers
5.1 We shall in no circumstances be liable for:
(a) information or content transmitted over a WiFi hotspot by you or any User, Registered User or third party. Any information or content transmitted by you or other Users or Registered Users of the Application or third parties through the Application does not represent our view or policy;
(b) damages resulting from the use of (or the inability to use) electronic means of communication through the Website or the Application, including, but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or computer programs, and the transmission of viruses;
(c) damages resulting from the use of (or inability to use) the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website or Application;
(d) any damages, loss or third party claims resulting from your sharing of or providing access to a WiFi hotspot;
(e) the quality of the Internet access services provided by the Access Provider or any acts, actions, behaviour, conduct, and/or negligence on the part of the Access Provider. Any complaints about the Internet access services provided by the Access Provider should therefore be submitted to the Access Provider;
(f) any server crash or network interruptions caused by any event of force majeure or any other circumstance outside of our control, including any data loss or other damage suffered by you;
(g) any data loss or other damage suffered by you during or in connection with any upgrade of the Services, Website or Application; and
(h) any costs incurred by you, including any charges for data, messaging and other wireless access services, associated with your use the Application.
5.2 You hereby agree to compensate and indemnify us and any of our contracted partners and affiliates (our “Connected Partners”) for any claims, suits, requests, damages or losses, including reasonable attorney’s fees, from third-parties resulting from the your breach of this Agreement or resulting from information or content transmitted over a WiFi hotspot by you or any User, Registered User or third party, and hold us and our Connected Partners harmless for any claims, requests and suits against us or our Connected Partners.
5.3 You hereby acknowledge and agree that to the extent permitted by applicable law, we shall not be liable to you for any direct, indirect, accidental, special or follow-up losses, damages or risks caused by your use of or failure to use the Application and/or Services.
Your warranties, representations and undertakings
5.4 You shall be responsible for obtaining appropriate authorisation from the owner of a WiFi hotspot when sharing such WiFi hotspot, including but not limited to the password and location of the WiFi hotspot, and for ensuring that all the information of any and all hotspots you share are secure. You hereby:
(a) warrant and undertake that you are either the owner of the WiFi hotspot or are appropriately and validly authorised by the owner of the WiFi hotspot to do so when sharing the details of such with us; and
(b) agree to indemnify us in respect of any loss or damage suffered by us in respect of a breach of this provision.
5.5 You hereby warrant, represent and undertake that any WiFi hotspot information obtained will be used by you strictly in compliance with any applicable laws. Any illegal action or breach of relevant law or rules is forbidden. We shall be exempted from any liability for any problems caused by the breach of this provision.
Exclusion of warranties
5.6 We do not provide the WiFi network connection or internet services and therefore we do not make any warranty or guarantee regarding the timeliness, security and accuracy of the Service, and you hereby agree that we shall have no liability to you in respect of or in connection with any communication failure.
5.7 To the extent permitted by applicable law, we do not give any warranties, representations or undertakings in respect of the Application, whether express or implied, or in decrees, including but not limited to problems related to merchantability, applicability, non-virus, negligence, or technological flaw, and any warrant and conditions, express or implied, to ownership and non-infringement.
6.1 You should read these User Terms clearly before using the Service, Website and/or Application.
6.2 Any invalidation of any clause, partly or wholly, shall not affect the validity of other clauses herein.
6.3 These User Terms shall be governed by the laws of Singapore. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in Singapore.
6.4 These User Terms, together with any of our policies notified to you from time to time, set out the entire agreement between you and us and you have not entered into these User Terms in reliance upon any promise or understanding which is not expressly set out in these User Terms.
6.5 These User Terms may be translated into non-English language versions. In the event of any inconsistency, conflict or uncertainty between this English language version and any non-English language version of these User Terms, this English language version shall prevail and apply.
6.6 Any failure or delay by either of us in exercising our rights under these User Terms shall not constitute a waiver of such right and shall not restrict the further exercise of that right or any other remedy.
6.7 These User Terms shall apply to your relationship with us and shall not confer any rights on any third party.
6.8 If you have any comments on the Website, the Application or the Service, please contact our customer service centre by emailing email@example.com or through the link on our Website and/or Application.
Wifimaster (Singapore) Pte Ltd
Last updated, July 2015
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