Dated
————
Terms and conditions
Three spin creative solution pvt. Ltd
And
[customer]
Contents
Clause
1. Interpretation ………………………………………………………………………………………………….. 1
2. Commencement and duration of the contract ……………………………………………………… 2
3. The provision of the service ……………………………………………………………………………… 2
4. Connection of equipment to the service …………………………………………………………….. 4
5. Access to hotspots ………………………………………………………………………………………….. 4
6. Use of the service ……………………………………………………………………………………………. 4
7. Charges and payment ………………………………………………………………………………………. 5
8. Term and termination ………………………………………………………………………………………. 5
9. Suspension of service ………………………………………………………………………………………. 6
10. Intellectual property rights ……………………………………………………………………………….. 6
11. Limitation of liability ………………………………………………………………………………………. 6
12. Confidential information ………………………………………………………………………………….. 7
13. Privacy and data protection ………………………………………………………………………………. 8
14. Notices …………………………………………………………………………………………………………… 9
15. Variations ………………………………………………………………………………………………………. 9
16. Assignment …………………………………………………………………………………………………….. 9
17. Force majeure ……………………………………………………………………………………………….. 10
18. Waiver …………………………………………………………………………………………………………. 11
19. Severance …………………………………………………………………………………………………….. 11
20. No partnership or agency………………………………………………………………………………… 11
21. Entire agreement ……………………………………………………………………………………………. 11
22. Survival ……………………………………………………………………………………………………….. 12
23. Governing law and jurisdiction ……………………………………………………………………….. 12
Schedule
Schedule 1 service description ……………………………………………………………………….. 13
Schedule 2 service level agreement ………………………………………………………………. 14
Schedule 3 terms of use…………………………………………………………………………………… 15
Schedule 4 privacy policy ……………………………………………………………………………….. 20
Agreed terms
Interpretation
The definitions and rules of interpretation in this clause apply in these terms and conditions.
Contract: includes, in order of precedence, these terms and conditions, the terms of use, the service schedule, and the order form.
Customer: the party specified on the order form.
End-user: an individual who accesses the internet via the services provided to the customer.
Equipment: the router and other equipment required to receive the services.
Hotspots: each physical location of the radio access points offering the service.
Minimum period: there is no minimum period from the operational service date.
Operational service date: the date set out in the order form.
Order form: the order form to be completed by the customer before the service commences.
Personal data: has the meaning set out in section 1(1) of the data protection act 1998.
Privacy policy: Three Spin’s privacy policy set out in schedule 4.
Service: access to the internet via the Three Spin WiFi management service and customer analytics service as set out in the service schedule.
Service level agreement: the service level agreement set out in schedule 2.
Three Spin: THREE SPIN CREATIVE SOLUTION PVT LTD, whose registered office is at 4th floor, federation house, 24/30 anandilal podar marg, mumbai 400002. Maharashtra, india.
Service schedule: schedule 1 to these terms and conditions setting out the wireless access service displayed.
Terms of use: schedule 3 to these terms and conditions governing the use of the service by end-users.
Wifi: the wireless fidelity technology based on the ieee 802.11 standards, which allows wifi-enabled devices to connect to the internet when within range of a wifi network.
Wifi network: a network consisting of one or more hotspots that enable connection to the internet.
Clause and schedule headings do not affect the interpretation of this agreement.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors or permitted assigns.
Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
a reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts.
a reference to writing or written includes faxes but not e-mail.
documents in agreed form are documents in the form agreed by the parties and initialled by or on behalf of them for identification.
references to clauses and schedules are to the clauses and schedules of this agreement.
any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
Commencement and duration of the contract
The contract will commence on the operational service date and shall be in force for the minimum period and thereafter unless it is terminated by the customer or Three Spin in accordance with these terms and conditions.
The provision of the service
Three Spin shall provide the service to the customer in accordance with the service level agreement.
The service enables the end users to register with and join the Three Spin wifi service through the Three Spin wifi log-in pages.
The Customer shall procure that each End-User shall treat any information which forms part of Three Spin WiFi’s security procedures as confidential (Security Information) and that they shall not disclose it to any third party. The Customer shall be liable for any loss or damage arising out of the disclosure of any Security Information by any End-User.
Three Spin has the right to disable access to the Services provided to the Customer or an End-User at any time if, in Three Spin’s opinion, the Customer or any End-User fail to comply with any of the provisions of these terms and conditions and/or the Terms of Use.
From time to time Three Spin may:
(for operational reasons), change access codes, usernames, passwords or other security information necessary to access the Service or change the technical specification of the Service.
issue instructions to the Customer and/or individual End Users, which Three Spin believes are necessary for reasons of health, safety, security or the quality of any telecommunications service provided by Three Spin to the Customer or any other customer. The Customer shall procure that the End-User complies with any such instructions that Three Spin issues to the Customer or the End-User.
temporarily suspend the Service because of an emergency or for operational maintenance or improvements or for the purpose of ensuring network or information security. In such cases, Three Spin shall aim to restore the Service as soon as reasonably practical and Three Spin shall aim to give the Customer as much notice as possible of any emergency or scheduled suspension of the Service.
Three Spin does not guarantee that products or services or any websites accessible via the Service are error or virus free, and dealings that the Customer or any End-User may have with promotions, services or merchants via the Service are solely between the Customer and/or the individual End-User and the person with whom they are dealing.
Three Spin does not warrant or guarantee the performance of the internet or that the transmission of information over the internet will be secure or that the internet will be accessible at all times or at the speeds indicated by Three Spin.
Data from end-user WiFi enabled devices will be offloaded via the three spin wifi management system onto the WiFi network or internet connection. Sufficient bandwidth is required to provide a positive user experience.
As part of the Service the end user access page contains a certain amount of advertising space. Three Spin has the right to use this advertising space or allow selected third parties to use it. Any advertisement placed in this space will not contain inappropriate or illegal content and will not directly compete with the business of Customer. The Customer has no right under this agreement to access this advertising space or influence the content of advertisements.
CONNECTION OF EQUIPMENT TO THE SERVICE
The Customer shall ensure, and shall procure that any End-User shall ensure, that any equipment used by the End-User to connect to or use the Service is connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment and/or the standards that Three Spin has notified to the Customer.
ACCESS TO HOTSPOTS
Three Spin provides the Service by enabling End Users to access HotSpots provided by third party networks. Three Spin does not guarantee that End Users can access the internet or that End Users can continue to access the internet via any particular third party network at any time.
Because Three Spin does not control HotSpots provided by third party networks, Three Spin cannot guarantee that End Users will be able to access the Service via any of the HotSpots or guarantee that the Service will continue to be available from a specific HotSpot.
If End Users have any problems using the Service at a particular HotSpot, they should contact the staff at the location where the HotSpot is situated. Staff at such locations are not employed by Three Spin, therefore Three Spin shall not be liable to End Users for any information they provide to End Users.
USE OF THE SERVICE
End Users may access the Service in accordance with the Terms of Use. It is the Customer’s responsibility to obtain and keep in force any licence necessary for End Users to use the Service in any country in which it is provided. The Customer shall use reasonable endeavours to procure that when using the Service, End Users shall comply with the Terms of Use.
Access to the Service is provided to the Customer for End Users’ use only. The Customer may not re-sell the Service to any third party for money or money’s worth.
The Customer warrants that it will comply with clause 6.2 and the Customer shall indemnify Three Spin for any breach of that warranty.
The Customer shall not do, and shall not permit any End-User to do, anything that is likely to adversely interfere with the provision of the Services.
Three Spin has the right to suspend the Service and terminate the Contract immediately in the event of a breach by the Customer of any of the provisions of these terms and conditions, Three Spin’s Terms of Use including without limitation:
(a) if in Three Spin’s reasonable opinion the Customer is involved in fraudulent or unauthorised use of the Service;
(b) if the Customer resells access to the Service in breach of clause 6.2 above; or
(c) if the Customer or any End-User uses the Service in contravention of the Terms of Use.
CHARGES AND PAYMENT
There is no charge to the Customer for the Service provided under this agreement.
TERM AND TERMINATION
Either party may terminate the Contract or the Service provided under it on With immediate effect.
Without prejudice to any rights that have accrued under the Contract or any of its rights or remedies, either party may terminate this agreement without liability to the other immediately (or following such notice period as it sees fit) by giving notice to the other party if:
(a) the other party commits, or in the case of termination by Three Spin, if any End-User commits, a material breach of the Contract, and (if this breach is remediable), fails to remedy that breach within a period of 14 days after being notified to do so;
(b) the other party repeatedly breaches any of the terms of the Contract in a manner that reasonably justifies the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
(c) there is a change of control of the other party.
SUSPENSION OF SERVICE
Three Spin may terminate or temporarily suspend the Service if: under any of the provisions of these terms and conditions if the End User of the service has used the Service
(a) in a way that is likely to adversely interfere with Three Spin’s ability to provide the Service to the Customer or any third party;
(b) in violation of the Three Spin’s Terms of Use.
INTELLECTUAL PROPERTY RIGHTS
Where Three Spin provides to the Customer software which enables End Users to use the Service, Three Spin grants to the Customer a non-exclusive, non-transferable licence to allow End Users to use that software solely for that purpose. The Customer agrees that it shall not, and shall procure that no End Users shall, without Three Spin’s prior written consent, copy, decompile or modify the software, nor copy any manuals or documentation (except as permitted by law). The Customer shall sign, and procure that any End-User shall sign, any agreement reasonably required by Three Spin or the owner of the copyright in the software (where the software is licensed by Three Spin) to protect Three Spin’s or the owner’s interest in that software.
The Customer shall indemnify Three Spin for any breach of clause 10 by the Customer or End Users.
LIMITATION OF LIABILITY
The following provisions set out the entire financial liability of Three Spin (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer in respect of:
(a) any breach of the agreement however arising;
(b) any use made by the Customer of the Service, or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the agreement.
Nothing in these conditions excludes the liability of Three Spin for:
(a) death or personal injury caused by Three Spin’s negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) breach of section 2 of the Consumer Protection Act 1987; or
(e) the deliberate default or wilful misconduct of Three Spin, its employees, agents or subcontractors.
Subject to condition
Subject to condition 11.3:
(a) Three Spin shall not be liable for any errors or interruption in the installation process, whether within or outside its control;
(b) Three Spin shall not be liable under any circumstances to the Customer or any End-User whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
loss of profits;
loss of business
depletion of goodwill or similar losses;
loss of anticipated savings;
loss of goods;
loss of contract;
loss of use of Service;
loss or corruption of data or information;
loss or interruption of internet access; or
special, indirect, consequential or pure economic loss, costs, damages, charges or expenses,
suffered by the Customer or End User that arises under or in connection with this agreement or any other claims for direct financial loss that are not excluded by any of categories (i) to (viii) inclusive of this clause 11.4(b);
Three Spin shall provide the Services on an “as is” basis and all warranties conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from this agreement.
Three Spin shall not be held responsible for any loss, damage or inconvenience the Customer or any End-User may suffer for emergencies or scheduled maintenance as detailed in the Service Level Agreement.
CONFIDENTIAL INFORMATION
Each party undertakes that it shall not at any time OR at any time during a Contract, and for a period of five years after termination of a Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 12.2.
Each party may disclose the other party’s confidential information:
to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 12; and
as may be required by law, court order or any governmental or regulatory authority.
No party shall use any other party’s confidential information for any purpose other than to perform its obligations under this agreement.
PRIVACY AND DATA PROTECTION
Three Spin shall process all information about End Users (including all the personal data provided by the Customer or any End-User to Three Spin before or during the term of the Contract) in accordance with Three Spin’s Privacy Policy.
While Three Spin agrees to take all necessary technical and organisational steps to ensure the security of the Service, it is not responsible for the accidental loss or destruction of any personal data any End-User transmits using the Service and Three Spin excludes all liability of any kind in relation to the content or security of personal data that any End-User sends or receives through the Service. For the avoidance of doubt, this paragraph does not limit or exclude any liability of Three Spin for a breach of Three Spin’s data protection obligations in relation to the information which Three Spin obtains from the Customer before or during the term of the Contract.
The Customer agrees and acknowledges, and warrants that all End Users agree and acknowledge, that Three Spin may be required by law to provide assistance to law enforcement, governmental agencies and other authorities. Accordingly, the Customer agrees, and shall procure that all End Users agree:
(a) that Three Spin may implement and maintain an interception capability suitable to meet these requirements where Three Spin and/or Partner Networks are obliged by law to ensure or procure that such a capability is implemented and maintained;
(b) that Three Spin may implement and maintain a data retention capability for the Service to meet requirements where Three Spin and/or its partner networks are obliged by law to ensure or procure that data is retained; and
(c) Three Spin may at times co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by the Customer or End Users. If Three Spin is required to do so by law, this may include but is not limited to, disclosure of the Customer’s or End Users’ contact information to law enforcement authorities or rights-holders.
NOTICES
Unless otherwise expressly stated in these terms and conditions, all notices and other communications required or permitted to be given by the Customer or Three Spin under these terms and conditions shall be in writing. All notices and other communications shall be deemed properly served if they have been delivered personally or sent by fax or pre-paid registered post or e-mail to the address set out above (in the case of notice given to Three Spin by the Customer) or to the latest address provided to Three Spin by the Customer (in the case of notice given to the Customer by Three Spin).
Any notice shall be deemed to have been properly served:
(a) if delivered by hand, on delivery;
(b) if sent by pre-paid registered mail, two working days after posting;
(c) if sent by fax, on confirmation of transmission;
(d) if sent by e-mail, on confirmation of transmission
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of a fax, that the fax was duly dispatched to a current fax number of the addressee and, in the case of an e-mail, that the e-mail was sent to a current e-mail address of the addressee.
VARIATIONS
Three Spin has the right to revise and amend these terms and conditions from time to time on giving the Customer at least 30 days’ notice in writing.
ASSIGNMENT
Any Contract made under these terms and conditions is binding on the parties and their respective successors and assigns.
The Customer shall not, without the prior written consent of Three Spin (such consent not to be unreasonably conditioned, withheld or delayed), assign, transfer, mortgage, charge or deal in any other manner with any Contract or any of its rights and obligations under a Contract, or purport to do any of the same. The Customer shall not subcontract or delegate in any manner any or all of its obligations under this agreement to any third party or agent.
Each party that has rights under a Contract is acting on its own behalf and not for the benefit of another person.
FORCE MAJEURE
Three Spin shall not be in breach of any Contract, nor liable for any failure or delay in performance of any obligations under a Contract (and, subject to clause 17.3, the time for performance of the obligations shall be extended accordingly) arising from or attributable acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:
(a) acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
(b) epidemic or pandemic
(c) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(d) terrorist attack, civil war, civil commotion or riots;
(e) nuclear, chemical or biological contamination or sonic boom;
(f) voluntary or mandatory compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law);
(g) fire, explosion or accidental damage;
(h) loss at sea;
(i) extreme adverse weather conditions;
(j) collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
(k) any labour dispute, including but not limited to strikes, industrial action or lockouts;
(l) non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause);
(m) interruption or failure of utility service, including but not limited to electric power, gas or water; and
(n) interruption or failure of telecommunications services.
The corresponding obligations of the Customer shall be suspended to the same extent as those of the party first affected by the Force Majeure Event.
If the Force Majeure Event prevails for a continuous period of more than six months, the Customer may terminate this agreement with immediate effect.
WAIVER
Any failure to exercise, or any delay in exercising, any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
No single or partial exercise of any right or remedy provided under this agreement or by law shall preclude or restrict the further exercise of that or any other right or remedy.
A party that waives a right or remedy provided under this agreement or by law in relation to another party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party.
SEVERANCE
If any provision of these terms and conditions or any provisions of a Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
If any provision of these terms and conditions or any provisions of a Contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable OR the parties shall negotiate in good faith to amend this provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.
NO PARTNERSHIP OR AGENCY
Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
ENTIRE AGREEMENT
These terms and conditions and any documents referred to in it constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
Each party acknowledges that, in entering into a Contract under these terms and conditions, it does not rely on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions or any documents forming part of the Contract.
Each party agrees and undertakes to the other parties that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract as expressly provided in these terms and conditions.
Nothing in this clause shall limit or exclude any liability for fraud.
SURVIVAL
Clauses 1, 1.1, 1, 12 and 23 shall survive termination of this agreement and continue in full force and effect.
GOVERNING LAW AND JURISDICTION
Any Contract made under these terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by Indian law.
Any dispute or claim arising out of or in connection with a Contract or its formation (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of India.
Schedule 1 Service description
End user access to the internet via the Three Spin’s service and Customer analytics service as detailed at www.muftwifi.com
Schedule 2 Service level agreement
Service Levels
The Service is provided on an “as is” basis and therefore all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
Scheduled Service Downtime
The Company may, from time to time, require Scheduled Service Downtime in order to perform maintenance and upgrades on its computer systems, network and infrastructure.
The Company shall use reasonable endeavours to ensure that any period of Scheduled Service Downtime causes minimal disruption to the WiFi Service and is as brief as is reasonably possible. Nothing in this sub-Clause 2.2 shall constitute a guarantee of the same.
Schedule 3 Terms of use (for End Users)
PLEASE READ CAREFULLY BEFORE JOINING THE WIFI SERVICE FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Three Spin Creative Solution Pvt. Ltd. 4th Floor, Federation House, 24/30 Anandilal Podar Marg, Mumbai – 400002, Maharashtra – India. (Three Spin, Muft WiFi, us or we) for use of the wireless internet access service via the Three Spin service (the “Service”).
Important notice:
By joining and using the Service from this website you agree to the terms of this licence which will bind you. The terms of this licence include, in particular, the privacy policy defined in condition 24.4 and limitations on liability at condition 5.
If you do not agree to the terms of this licence and our privacy policy we will not permit access to the Service and you must stop the joining process now. In this case the joining process will terminate.
AGREED TERMS
ACKNOWLEDGEMENTS
The terms of this EULA apply to your use of the Service including any updates to the Service.
We may change these terms at any time and all changes will be provided to you through a link on the Service log-in page. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service.
You will be assumed to have obtained permission from the owners of the computer, mobile telephone or devices that are controlled, but not owned, by you and to use the Service. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of any Service on or in relation to any Device, whether or not it is owned by you.
24.4 The terms of our privacy policy from time to time, available through a link on the log in page (Privacy Policy), are incorporated into this EULA by reference and apply to the Service. Additionally, by using the Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using the Service, you consent to us collecting and using technical information about the mobile telephone, computer or other device used to access the Service (the “Device”) and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you and for the purposes stated in a Privacy Policy.
The Services will make use of location data sent from the Devices. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
The Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
GRANT AND SCOPE OF LICENCE
In consideration of you agreeing to abide by the terms of this EULA, we grant you the right to use the Services, subject to these terms and the Privacy Policy, incorporated into this EULA by reference. We reserve all other rights.
You may continue to use the Service free of charge provided that you accept these terms.
You may stop using the Service at any time.
We may cease provision of the Services at any time.
ACCEPTABLE USE RESTRICTIONS
You must not:
(a) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;
(b) infringe our intellectual property rights or those of any third party in relation to your use of the Service, including the submission of any material;
(c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
(d) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(e) collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
(f) send, receive, publish, post, distribute, disseminate, encourage or solicit receipt of, upload, download or use any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing, menacing or a breach of copyright or other intellectual property right or any other right of any person;
(g) use the Service for commercial purposes;
(h) use the Service to send unsolicited emails;
(i) use the Service to transmit, store, publish or upload any electronic material which is known or is likely to cause, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
(j) invade the privacy of another person, cause annoyance, inconvenience or needless anxiety to another person.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Services and the underlying technology belong to us or our licensors, and that you have no rights in, or to, the Service other than the right to use it in accordance with the terms of this EULA.
LIMITATION OF LIABILITY
The Service is provided to you on an “as is” basis and therefore all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
Except as stated at clause 5.5 below Three Spin shall not be liable to you in respect of any losses caused by failures, errors, delays or interruptions relating to the Service, including any failure to supply the Service due to events which are beyond our reasonable control.
Three Spin shall not be liable to you if any third party:
(a) gains access to your connection to the Service or your Device; or
(b) destroys or damages any data or information held by you or information about you which is held by us.
We shall have no liability in respect of indirect or consequential loss, such as loss of profits, business, costs, expenses, or any other form of economic loss.
Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
TERMINATION
We may terminate this EULA immediately without notice to you:
(a) if you commit a material or persistent breach of this EULA;
(b) if you breach any of the Acceptable Use Restrictions; and
On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) we will cease providing you with access to the Service.
Termination of this EULA shall be without prejudice to the rights or remedies or either party accrued prior to the date of termination.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks or interruptions in third party services (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by Indian law. You and we both agree that the courts of India will have non-exclusive jurisdiction.
Schedule 4 Privacy policy
Three Spin Pvt Limited (We) are committed to protecting and respecting your privacy.
SCOPE OF POLICY
This policy (together with our end-user licence agreement as set out through the link in our log in page (EULA)) and any additional terms of use incorporated by reference into the EULA, together Our Terms of Use applies to your access and use of the Three Spin wireless service (the Service).
This policy sets out the basis on which any personal data We collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.
For the purpose of the Data Protection Act 1998, the data controller is Three Spin Limited of Unit 3, Riverside Court, Huddersfield Road, Delph, Oldham, OL3 5FZ.
1. INFORMATION WE MAY COLLECT FROM YOU
We will collect and process the following data about you:
Submitted Information: the log in information which you provide and/or information from your social media account through which you access the Service (e.g. Twitter, Facebook etc). This information will be taken from your social media access page and will be subject to your privacy settings. We may also ask you for information when you enter a competition or promotion and when you report a problem with any of our Service.
Additional information:
if you contact us, We may keep a record of that correspondence;
We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them;
details of transactions you carry out through our Service;
details of your use of our Service including, but not limited to, location data, weblogs and other communication data and the resources that you access.
Device information: We may collect information about the mobile telephone, smart phone, hand held device, laptop, computer or any other device used to access and use the Services (Device), including, where available, the Device’s unique Device identifiers, operating system, browser type and mobile network information as well as the Device’s telephone number if applicable, for system administration and to report aggregate information to our advertisers. We may associate Device information with Submitted Information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
Location information: We may collect and process information about your actual location.
Log information: when you use the Service, We may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), clickstream data, browser type and language, viewed and exit pages and date or time stamps.
2. COOKIES
Our Services use cookies to distinguish you from other users of our Services. This helps us to provide you with a good experience when you use the Service and also allows us to improve the Service. For detailed information on the cookies We use and the purposes for which We use them, see our cookie policy through the link on the log in page
3. WHERE WE STORE YOUR PERSONAL DATA
The data that We collect from you is generally located on our servers in India however it may be transferred to, and stored at, a destination outside the region of India. It may also be processed by staff operating outside India who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of the Service or the provision of support services. By joining and using the Service, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted via our Service; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access. As access to the Service is through your chosen social media platform you should ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
4. USES MADE OF THE INFORMATION
We use information held about you in the following ways:
To provide you with information regarding the venue in which you are using the Service including information relating to their goods and services;
To provide it to the venue owner or sponsor to enable them to see how the venue is being used and by whom
To report aggregate information to our advertisers or selected third parties for consumer analysis.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services that may be of interest to you.
We will only contact you by electronic means (e-mail or SMS) with information about goods and services.
Where We permit selected third parties to use your data, We (or they) will only contact you by electronic means.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes then you should not use our Service. We provide access to the Service always in accordance with our Terms of Use and this Privacy Policy therefore if you do not accept them then we will cease to provide the Services to you until and unless you do accept them.
We do not disclose information about identifiable individuals to our advertisers, but We may provide them with aggregate information about our users (for example, We may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data We have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
5. DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section of the Companies Act of India.
We may disclose your personal information to third parties:
To our customers who operate and own the venue where you access the Services.
To the sponsors of the venue where you access the Services
To the selected third parties detailed at point 4 above
In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets.
If Three Spin or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
In order to: enforce or apply the EULA, , terms and other agreements or to investigate potential breaches; or
protect the rights, property or safety of Three Spin Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
6. THIRD PARTY SITES
Our Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
7. ACCESS TO INFORMATION
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information We hold about you.
8. CHANGES TO PRIVACY POLICY
Any changes We may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by SMS or e-mail or notifying you of a change when log onto one of the Services Sites]. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
9. CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Three Spin Creative Solution Pvt. Ltd 4th floor, Federation House, 24/30 Anandilal Podar Marg, Mumbai 400002, Maharashtra, India.