TERMS OF USE

WIFIRE (“App”) is a property of and operated by MOBILEMOTION TECHNOLOGIES PVT. LTD., a company incorporated under the Indian Companies Act, 1956, and having its registered office at 316, 2nd Floor, 100 Feet Road, Indiranagar, Bangalore – 560038 (“MobStac”).

By accessing or using the App, you signify that you have read, understood and agree to be bound by these terms of use (“Terms of Use”) and any other applicable law, whether or not you are a registered member of the App. As used herein, “Users” shall mean anyone who uses or accesses the App on mobile phone, tablet, or other device (collectively, "Device"). Your continued use of the App shall be constituted as your acceptance to the revised Terms of Use. If you do not agree with these Terms of Use, please do not access and use this App. For the purposes of these Terms of Use, “we”, “our” and “us” shall mean MobStac and “you” and “your” shall mean a User who meets the eligibility criteria set out below.

1. TERMS AND CONDITIONS SUBJECT TO CHANGE

1.1. We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of this App following any such change constitutes your agreement to follow and be bound by these Terms of Use, as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use this App.

2. ELIGIBILITY

2.1. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. You shall not access and use this App if you are not competent to contract under the applicable laws, rules and regulations.
2.2. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access this App and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.

3. INTELLECTUAL PROPERTY POLICY

3.1. All of the content on the App, including, without limitation, data, images, graphics, text, reports generated, trademarks, tradenames ("App Content"), constitute our and our licensors’ intellectual property. The App and the App Content are protected by the copyright laws in all applicable jurisdictions.
3.2. You may access the App, avail of the features and facilities and utilize the App Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the App Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular App Content, you could contact us in the manner provided for herein.
3.3. MobStac and its licensors, if any, are the sole owners of the underlying software and source code associated with the App and all the trademarks, copyright and any other intellectual property rights of any nature in the App.

4. USER ACCOUNT, PASSWORD & SECURITY

4.1. The App’s registration process can be completed using your GMAIL account and such other methods as permitted in the login window of App, from time to time. You will receive a password and account designation (“Account”) upon completing the App's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4.
4.2. You may terminate your Account upon completing the process as outlined in the App. You hereby acknowledge that the deletion of the App from your mobile device does not constitute termination of your account and agree to undertake the process outlined therein in order to complete de-registration.

5. USE OF APP – FEATURES AND FACILITIES

5.1. Through the App, MobStac assists Users to gain seamless access to free public wireless internet networks.
5.2. MobStac hereby grants to you a restricted, non-transferable, license to download and use the App on a hand-held device, having the specifications provided for in Clause 7 of these Terms of Use, which you own or control, to avail of the functions and features in accordance with these Terms of Use.
5.3. Your usage of the App will necessitate you to provide to us certain personal information, which shall be collected and maintained as per the terms laid down in our Privacy Policy available at http://www.getwifireapp.com/privacy.html
5.4. We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between Users.

6. CUSTOMER COMMUNICATIONS

6.1. Accepting these Terms of Use, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using prerecorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via the App. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
6.2. You certify, warrant and represent that the telephone numbers and/or email addresses that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls or SMS at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to alert us whenever you stop using a particular telephone number(s) and/or email address(es).

7. SYSTEM REQUIREMENTS

7.1. In order to use the App, you are required to have a compatible hand-held device with the Android 4.2 and above as the operating system

8. USER GUIDELINES

8.1. In consideration of MobStac granting you the aforesaid right, you hereby agree not to use the App for any purpose that is unlawful under any applicable laws and/or in violation the terms of this Terms of Use and our Privacy Policy. You shall not use the App in any manner that could damage, disable, overburden, or impair any MobStac server, any network(s) connected to any MobStac server, or interfere with any other party's use and enjoyment of the App. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any MobStac server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the App.
8.2. The App is made available to you for your own personal and non-commercial use alone. You shall not or allow third parties to: (i) make and/or distribute copies of the App; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the App; and/or (iii) create derivative works of the App.
8.3. You accept that any and all operations emanating from your hand-held device shall be assumed to have been initiated by you.
8.4. You shall request MobStac, to disable the Account and change the password immediately for the Account, if your hand-held device has been lost or stolen.
8.5. You are responsible for any and all activities that occur in your Account. You agree to notify MobStac immediately of any unauthorized use of the Account or any other breach of security. MobStac shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform MobStac, within a reasonable time, about loss or theft of your hand-held device and/or any unauthorized access in your Account, either with or without your knowledge.
8.6. You shall be liable for losses incurred by MobStac or any other party due to a third party’s use of the Account. You shall not use any other person’s Account at any time, without the permission of the concerned account holder and MobStac.
8.7. MobStac shall make all reasonable efforts to ensure that your information is kept confidential. However, MobStac shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the hand-held device due to force majeure, theft, negligence or failure on your part to practice safe computing.
8.8. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and MobStac shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
8.9. You shall, at all times, be solely liable for any and all content accessed, downloaded or uploaded using the wireless internet networks which your mobile device is connected to. MobStac does not control, nor is it in any way liable for, data or content that you access or receive via the wireless internet network connected through the App. The internet contains materials, some of which may be in violation of applicable law, sexually explicit or offensive to you and/or the general public and MobStac has no control over and accepts no responsibility for access, upload or download of such materials. In addition thereto, it is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the wireless internet networks. Accordingly, MobStac shall not be a party to nor in any way be responsible for any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the wireless internet networks.
8.10. You should ensure that while using the wireless internet networks, you will at all times, adhere to the applicable terms and conditions governing the use of such internet networks.

9. INDEMNIFICATION

9.1. You agree to defend, indemnify and hold harmless MobStac from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of the App in violation of these Terms of Use.

10. WARRANTIES & DISCLAIMER

10.1. The App and the functions and features therein are provided on an "as is" and on an "as available" basis. MobStac expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10.2. MobStac is not an internet service provider nor an intermediary, as defined in the Indian Information Technology Act, 2000, and does not provide internet access or ancillary support services. The App merely facilitates the User to connect to free public internet networks provided by third party service providers not affiliated with MobStac.
10.3. MobStac shall make reasonable efforts to make available the App and the functions and features at all times. However, MobStac makes no warranty that the App shall meet your requirements, be uninterrupted, timely, secure, and/or error free; nor does MobStac make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
10.4. MobStac shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of MobStac, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.

11. LIMITATION OF LIABILITY

11.1. IN NO EVENT SHALL MOBSTAC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS APP’S FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF MOBSTAC WAS ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE APP, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOBSTAC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.

12. MAXIMUM EFFECT

12.1. The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Terms of Use. Under such circumstances, MobStac and MobStac’s affiliates' (and their respective employees, shareholders, directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.

13. TERMINATION

13.1. MobStac may terminate the use of the App at any time after giving notice of the termination to you.
13.2. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the App.

14. WAIVER

14.1. Any failure on the part of MobStac to require performance of any provision of this Terms of Use shall not affect its right to full performance thereof at any time thereafter, and any waiver by MobStac of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

15. ASSIGNMENT

15.1. You shall not assign or transfer any rights, obligations, or privileges that you have under this Terms of Use, without the prior written consent of MOBSTAC. Subject to the foregoing, this Terms of Use will be binding on the successors and permitted assigns of MobStac. Any assignment or transfer in violation of this clause will be deemed null and void.

16. INDEPENDENCE FROM PLATFORMS

16.1. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
16.2. Your download, installation, access to or use of the App is also bound by the terms and conditions of the relevant Operator.
16.3. You and MobStac acknowledge that these Terms of Use are concluded only between you and MobStac, and not with an Operator, and MobStac, not those Operators, are solely responsible for the App and the content thereof to the extent specified in this Terms of Use.
16.4. MobStac is solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and MobStac acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
16.5. You and MobStac acknowledge that MobStac, not the relevant Operator, is responsible for addressing any User claims or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
16.6. You and MobStac agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, MobStac and not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by MobStac.
16.7. You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your device agreement or any wireless data service agreement).
16.8. You and MobStac agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of this Terms of Use, and that, upon your acceptance of this Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce the terms of this Terms of Use against you as a third party beneficiary thereof.

17. UPDATES

17.1. MobStac reserves the right to update the App, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your device for download and installation.
17.2. You hereby agree to install the updates from time to time and acknowledge that MobStac will only be able to provide Account support for the App if you ensure to install all updates upon receiving notifications thereof when using the App.

18. VALIDITY OF TERMS OF USE

18.1. These Terms of Use shall apply when you complete the authentication process and create an account and shall remain valid and binding on you for so long as you maintain the Account.