Terms Of Use

Very Important! Please read our Terms of Use

Terms of Use (ToU) in full

Please read carefully before joining and using the WiFi service from this website.

This Terms of Use (ToU) is a legal agreement between you (End-user or You) and Interlabz Technologies (Surfsonix, SurfsonixSiFi, Interlabz, Us or We) for use of the wireless internet access service via the Surfsonix service (the “Service”).

Important notice:

• By joining and using the Service from this website You agree to the terms of this license which will bind You. The terms of this license include, in particular, the privacy policy defined in condition 1.4 and limitations on liability at condition 5.
• If You do not agree to the terms of this license 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

1. Acknowledgements

1. The terms of this ToU apply to your use of the Service including any updates to the Service.
2. 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.
3. 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, 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 ToU for the use of any Service on or in relation to any Device, whether or not it is owned by You.
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 ToU 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.
5. 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.
6. 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.
7. 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.
8. 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.

2. Grant and scope of license

1. In consideration of you agreeing to abide by the terms of this ToU, We grant You the right to use the Services, subject to these terms and the Privacy Policy, incorporated into this ToU by reference. We reserve all other rights.
2. You may continue to use the Service provided that you accept these terms.
3. You may stop using the Service at any time.
4. We may cease provision of the Services at any time.

3. Acceptable use restrictions

You must not:

1. use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this ToU, 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;
2. 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;
3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
4. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5. 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;
6. 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;
7. use the Service to send unsolicited emails;
8. 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.
9. invade the privacy of another person, cause annoyance, inconvenience or needless anxiety to another person.

4. Intellectual property rights

1. 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 ToU.

5. Limitation of liability

1. 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.
2. Except as stated at clause 5.5 below Interlabz or partners or service providers 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.
3. Interlabz or partners or service providers shall not be liable to you if any third party:
   • gains access to your connection to the Service or your Device; or
   • destroys or damages any data or information held by you or information about you which is held by us.
4. 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.
5. Nothing in this ToU shall limit or exclude our liability for:
   • death or personal injury resulting from our negligence;
   • fraud or fraudulent misrepresentation; and
   • any other liability that cannot be excluded or limited by Indian law.

6. Termination

1. We may terminate this ToU immediately without notice to you:
   • if you commit a material or persistent breach of this TOU;
   • if you breach any of the Acceptable Use Restrictions; and
2. On termination for any reason:
   • all rights granted to you under this ToU shall cease;
   • you must immediately cease all activities authorized by this ToU, including your use of any Services;
   • we will cease providing you with access to the Service.
3. Termination of this ToU shall be without prejudice to the rights or remedies or either party accrued prior to the date of termination.

7. Events outside our control

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this ToU 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).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under this ToU:
   • our obligations under this ToU will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
   • we will use our reasonable endeavours to find a solution by which our obligations under this ToU may be performed despite the Event Outside Our Control.

8. Other important terms

1. We may transfer our rights and obligations under this ToU to another organization, but this will not affect your rights or our obligations under this ToU.
2. You may only transfer your rights or obligations under this ToU to another person if we agree in writing.
3. If we fail to insist that you perform any of your obligations under this ToU, 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.
4. Each of the conditions of this ToU 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.
5. Please note that this ToU, 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.