IMPORTANT NOTICE: : By using the Mi-Fi Networks Private Limited Service, features or activating use of Mi-Fi Networks Private Limited systems you agree and accept to these terms and conditions and the additional provisions below. You acknowledge that you are above the legal age and that you are responsible for all charges incurred by you while using the Service. Please read the following terms carefully before continuing to use this Service. If you do not agree with any of these terms, please do not use this Service. If you have any questions about these terms, please write to contact@mi-fi.com.These Terms are an electronic record in terms of the Indian Contract Act, 1872, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and the rules made thereunder, as may be amended, supplemented, or re-enacted from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This is a binding agreement between you ("the User") and Mi-Fi Networks Private Limited ("Mi-Fi") for use of Mi-Fi’s wireless local area network broadband communication services and related features (the "Service") from a designated site with access points ("the Hotspot") in accordance with the Mi-Fi Wi-Fi Terms and Conditions set forth below (the "Terms") and any applicable Mi-Fi Wi-Fi Service or Wi-Fi Rate/Tariff Plan, Mi-Fi's Acceptable Use Policy and such other policies as Mi-Fi may adopt (collectively, "Policies"), each as they may be amended from time to time at the sole discretion of Mi-Fi and as may be posted from time to time at the Mi-Fi website at www.mi-fi.com.
These Mi-Fi Terms, any Wi-Fi Plan you have agreed to, and the Policies, including any Mi-Fi materials you received in connection with your account, govern the use of the Service. In the event of a direct inconsistency, except as otherwise expressly stated in any of the foregoing, the Terms will control. You do not have the authority to vary, alter or amend any of the provisions of this Agreement. You agree Mi-Fi may change the provisions of the Agreement from time to time, and agree that electronic notices to you will be considered given and effective on the date such notices are uploaded to the Mi-Fi website. The change(s) shall become binding on you from the date of their posting as aforesaid and no further notice to be given shall be required by Mi-Fi.
ACCEPTANCE BY THE USER, CONSENT OF USER, AND USE OF THE SERVICE
You acknowledge that you have read and understood and that you agree to be bound by these terms. By providing your personal details/data to Mi-Fi and accessing our services, you unilaterally and expressly grant your informed and explicit consent to the collection, storage, processing, transfer, use, or analogous activities pertaining to your personal data by us and authorize us to collect, store, process, transfer or use such personal data for providing the Services, other business purposes, and as required under applicable law. You understand and hereby consent that your personal data may be transferred by Mi-Fi to any third party for the purpose of providing Services or to carry out its business activities. If you do not agree with these Terms, you may refuse or withdraw your consent anytime, or alternatively choose to avail the Services. Such an intimation to withdraw your consent can be sent to contact@mi-fi.com. By accessing the Service, you warrant and represent to Mi-Fi that your use of the Service is legal and you shall comply with the applicable throughout your use of the Service.
Without limitation to the foregoing, you acknowledge that we may share or transfer your personal details to third parties including marketing agencies and retail shop owners solely for the marketing and advertisement purpose. By accepting these Terms and availing the Services, you are providing your consent to such sharing or transfer of your personal details by us to third parties. If you wish to not share your personal information to any third parties, at any point in time, you may withdraw or revoke your consent by writing to us at contact@mi-fi.com.
Mi-Fi makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Service, its use by you, the information obtained through the Service, information regarding the Service provided by it, you or your personal information or material and information transmitted through the Service provided by Mi-Fi.
MODIFICATION/AMENDMENT OF TERMS AND/OR TARIFFS
Mi-Fi may modify these terms at its sole discretion. The tariffs and/or rates charged for using the Service are subject to change without prior notice at Mi-Fi’s sole discretion, therefore you should check all tariffs before availing of the Service.
REQUISITES
You are responsible for ensuring that the device, product, system and/or equipment used by you is compatible with the Service and is in compliance with all applicable laws. The availability and performance of the Service is subject to the limitations of device, product, system and/or equipment used by you, the range of operation of the Service and factors at the location such as power availability and good environmental conditions. The Service may not be accessible, be limited, or curtailed at certain times, or its access may be interrupted and Mi-Fi shall not be responsible for any delays, damage, loss, failures, errors or omissions or loss of transmitted information as a result of such interruptions or improper accessibility. Nor shall Mi-Fi be responsible for the transmission of viruses or other contaminating or destructive programs through its Service and the use of the Service is at your sole risk and cost. Mi-Fi may suspend the operation of the Service for support or maintenance work or otherwise, in order to update the content or for any other reason. Mi-Fi may impose usage or Service limits, suspend access to the Service, or block certain kinds of usage in its sole discretion to protect you, other users or its business. Network speed is no indication of the speed at which a device, product, system and/or equipment used by you sends or receives data. You agree that sharing the Service with another party breaches the terms and may constitute fraud or theft, for which Mi-Fi, its affiliates, directors, employees and its agents reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on the Mi-Fi network. Your address, log-in name or password may be changed. You agree that Mi-Fi may access your information etc. to enable, operate and update the Service and software; investigate activity that may be in violation of these terms; and/or to comply with applicable law.
Mi-Fi shall not under any circumstances whatsoever be held responsible or be liable for any issues and/or disputes whatsoever with respect to billing etc. arising out of usage by you of Mi-Fi’s roaming partners at any Mi-Fi hotspots and/or at Mi-Fi’s roaming partners’ sites.
SECURITY
For security reasons, you may be required to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Mi-Fi Wi-Fi Service servers. Mi-Fi shall not be responsible for any information that you may lose if your session is terminated due to prolonged periods of inactivity between your browser and the Mi-Fi Wi-Fi Service servers.
You must not send or disclose your pin and/or password to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it. You must not keep your pin and/or password at a location where it is capable of being copied or used by any other person. Mi-Fi shall not be responsible if your password is copied and used for accessing Mi-Fi Wi-Fi services. No amount shall be refunded due to loss of card or password.
Mi-Fi is entitled to rely on the information provided by you during the online purchase of a voucher by using a credit card. Mi-Fi cannot and does not verify that the person who has purchased the card online is the owner of that credit card, which he/she used to buy the voucher.
You must immediately notify Mi-Fi if you become aware that your user account details and password is known by a third party or of any unauthorized use of your password. In the event of such notification and verification, if any, Mi-Fi will take reasonable measures to change the password for you.
You understand that Mi-Fi will use commercially reasonable efforts to secure the Service and the systems in its control that are used to access the Service; however Mi-Fi cannot guarantee the effectiveness or availability of the Service. However, the internet is sometimes unreliable and is a difficult medium to secure and that wireless communications can be intercepted by technology designed and intended for that purpose. Mi-Fi therefore does not guarantee the absolute security of Mi-Fi Wi-Fi or the systems (including the internet, your hardware and software) used to access Mi-Fi Wi-Fi, or any information that passes through such systems. Mi-Fi will not be liable to you or any other party for any lack of security or any loss, damage and injury that may result from your or any other party’s use of the Service.
PUBLIC FORUMS
Mi-Fi shall not be responsible for any material that is submitted to the public areas by you including but not limited to bulletin boards, chat rooms. It is hereby clearly expressed that all such material (whether submitted by you or any other User) is not endorsed, reviewed or approved by Mi-Fi.
USER SUBMISSIONS
You undertake and guarantee that you shall not use the Service or allow the Service to be used in any manner as specified below. Mi-Fi reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that there is a likelihood that it may, including but not limited to:
Mi-Fi does not routinely monitor the use of the Service by you like postings etc. to a website etc. but reserves the right to monitor, intercept and/or disclose any transmissions etc while using the Service. However, if Mi-Fi becomes aware of any inappropriate use of a website or the Service, Mi-Fi will respond in any way that it deems appropriate in its sole discretion. You confirm and acknowledge that Mi-Fi shall have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Mi-Fi will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet through the use of the Service. You will indemnify Mi-Fi and its partners, directors, affiliates, assigns, employees, agents, and investors against all and any losses or claims arising from any breach of the terms and conditions, policies, notices by you, and against any claims or legal proceedings arising from your use of the Service which are brought or threatened against us by another person or entity.
You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Mi-Fi and its partners, directors, affiliates, assigns, employees, agents, and investors harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the voucher by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party. Mi-Fi reserves the right to terminate access to the Service at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.
In the event of any misuse of the Service, immediate action to suspend the service without notice may be carried out and Mi-Fi may institute legal action. You shall defend, indemnify and hold Mi-Fi, its partners, directors, affiliates, assigns, employees, agents, and investors harmless against any and all claims, losses, or liability arising under this section. The foregoing sentence will survive termination or expiration of the Agreement for any reason.
You have the right to access, rectify, or delete any of your personal details in relation to the Services. Mi-Fi shall have the right to retain, transfer or share your personal data for the duration necessary for providing you the Services and also to comply with the applicable laws. After the retention period, personal data shall be securely disposed of or anonymized.
THIRD PARTY CONTENT & PROMOTIONS
Mi-Fi Service welcomes page features advertisements and promotions of third parties. Where it is apparent that products, services, information etc. are not provided by Mi-Fi, your legal relationship in respect of those products, services, information etc. shall be with such third party supplier to whom such product, service, information etc. belongs. Your person details received by such third parties shall be governed by the privacy policy and security terms of such third parties. Mi-Fi has no responsibility for third party provider policies, or their compliance with law or their policies.
Mi-Fi does not check or warrant the accuracy or completeness of the information or the suitability or quality of the products, services etc. of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services etc. supplied through the Service. You are advised to agree to the ‘terms and conditions’ laid down by such third party. If you are using a promotional plan, then specific promotional terms and conditions may apply.
DISCLAIMER OF LIABILITY
Mi-Fi does not control, nor is it responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service or your acts of commission and omission while using the Service or the use and/or misuse of the Service. Mi-Fi reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these Terms, including but not limited to any of the activities described in this section. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these Terms, including but not limited to those activities described in this section and any other activities that may subject Mi-Fi to liability. Mi-Fi is not in any manner responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You access such materials at your own risk. Mi-Fi, its partners, directors, affiliates, assigns, employees, agents, and investors disclaim any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your device, product, system or any other equipment. Mi-Fi has no responsibility for third party provider policies, or their compliance with them. If you elect to download or otherwise enable any software, including any client-based software designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service. In no event, will Mi-Fi, its partners, directors, affiliates, assigns, employees, agents, and investors are liable for any lack of privacy which may be experienced with regard to the Service.
Notwithstanding anything else in this agreement, to the maximum extent permitted by applicable law, the Service will be provided on an “as is” and “as available” basis, and Mi-Fi disclaims and makes no representations or warranties and there are no conditions of any kind, either express, implied or statutory, including but not limited to any warranties of non-interference, merchantability, fitness for a particular purpose or use, security, viruses, or arising from course of dealing or usage of trade. To the maximum extent permitted by applicable law, Mi-Fi also disclaims any common-law duties relating to accuracy or lack of negligence. In addition, there is no warranty of title, against interference with your enjoyment of the service or against infringement. You assume all responsibility and risk for use of the service. We do not authorize anyone to make a warranty of any kind on our behalf and you should not rely on any such statement. Any statements made in any packaging, manuals or other documents, written or electronic, or by any Mi-Fi employees or representatives or agents, are provided for informational purposes only and not as representations or warranties of any kind by Mi-Fi.
Neither Mi-Fi nor it affiliates, their agents or suppliers warrant that the service will be uninterrupted or error free or free from service degradation, or that any information, software, or other material accessible on the service are free from viruses etc. without limiting the aforesaid, the quality of the service may be affected by conditions within or beyond our control, including atmospheric, geographic, or topographic conditions, overall network usage levels, network signal quality, user and third party equipment performance, including the device, internet traffic levels, and other factors. Some states do not allow the disclaimer of implied warranties, so the above exclusion may not apply to you in whole or in part.
LIMITATION OF LIABILITY
Under no circumstances shall Mi-Fi, its partners, directors, affiliates, assigns, employees, agents, and investors be liable to you, any user, or any third party on account of your or that party’s use or misuse of or reliance on the Mi-Fi Service arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Mi-Fi, its partners, directors, affiliates, assigns, employees, agents, and investors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Service, from inability to use the Service, or from the interruption, suspension, or termination of the Service (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Service or received through any links provided in the Service, as well as by reason of any information or advice received through or advertised on the Service or received through any links provided in the Service. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data as specified I this Agreement. Such limitation shall further apply with respect to the performance or non-performance of the Service or any information or merchandise that appears on, or is linked or related in any way to, the Service. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Such limitation shall also apply with respect to sharing or transfer of any personal data or details of the Users by Mi-Fi to any person with the consent of the User. M-Fi’s aggregate liability under these shall under no circumstance exceed the fees paid by the user to the company for the last 1 (one) month from the date of the claim regardless of the form of the claim or from whose performance such liability has arisen.
Without limiting the foregoing, Mi-Fi will not be responsible for any delay or failure in performance due to events beyond the control of Mi-Fi, including but not limited to flood, fire, accident, embargo or other governmental acts, delay or defect in delivery by suppliers, transportation delay or unavailability, riot, war, act of terrorism or of the public enemy, power outage, labor dispute or shortage, severe computer virus, third party network problems or acts of god. You acknowledge that the Service is only available within the coverage area of the Mi-Fi network, which is subject to change and that the Service may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, and for other reasons within and without the control of Mi-Fi.
TERMINATION
You understand that if at any time you are not current in paying any amounts owed to us or are in non-compliance of the terms and conditions and/or policies, Mi-Fi may terminate the Service immediately in our discretion without notice. Despite termination you will be liable for payment of any amounts due or other obligations incurred before or upon termination. Further, Mi-Fi reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, either in whole or in part, at any time in its sole discretion.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all intellectual property rights (including, but not limited to copyrights (including rights in software), trademarks, database rights, patents and inventions) in and relating to the Service are owned by Mi-Fi and its licensors or contractors. Nothing in this agreement operates to transfer any such intellectual property rights to you. You agree not to reverse compile, modify, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of any firmware or software used to provide the Service or used in connection with the Service.
You shall indemnify and keep indemnified Mi-Fi, its partners, directors, affiliates, assigns, employees, agents, and investors against any losses or damages that Mi-Fi suffers as a result of use of the IPR of Mi-Fi or of a third party by you without obtaining an appropriate license or permission from Mi-Fi or the relevant third party.
EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of Mi-Fi and no representation is made as to their content. Mi-Fi has not reviewed all of the sites linked to the internet through the Service and is not responsible for the contents of any such linked site. Use or reliance on any external links and the content thereon provided is at your risk. The inclusion of any link does not imply endorsement by Mi-Fi of a site and/or link etc. Use of any such linked web site is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Mi-Fi. You shall have to contact Mi-Fi if you would like to link to this website or would like to request a link to its website.
INDEMNIFICATION
You agree to indemnify, defend and hold Mi-Fi, its partners, directors, affiliates, assigns, employees, agents, and investors harmless from and against any and all claims, damages (actual and consequential), losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of the terms; (ii) your violation of the undertaking, representation and covenants mentioned above; (iii) your use of the Service and/or (iv) your activities in connection with and through the Service.
General
If you have any questions, comments or concerns arising from the Service, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which Mi-Fi is handling your personal information please write to contact@mi-fi.com
Mi-Fi reserves all other rights.
By signing up you will be deemed to have read, understood, accepted and agreed to being bound by the foregoing terms and conditions of use.
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