Wi-Fi User Terms & Conditions
This is a Free Hotspot wireless internet Service (the “Service”) provided by Adverva Media for use by customers of Adverva Media and its clients. All users are required to log-in individually as an independent user.
1. Our agreement
1.1 This agreement applies from when we accept your request for Service. Please read the terms carefully before activating Service with us.
1.2 By using and/or activating Service with us and/or clicking the accept button on the login/registration page you agree to be bound by this agreement. If you do not agree to the terms of the agreement, do not use the Service.
1.3 We may modify the agreement at any time. In accordance with clause 1.2, use of the Service constitutes acceptance of the agreement current at that point in time.
1.4 These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Adverva Media for products, services or otherwise. This agreement contains disclaimers and other provisions that limit our liability to you.
2. Providing services
2.1 You are responsible for providing all hardware and other equipment required to access and use the Service (a ‘‘Unit’’). We recommend an 802.11n or above-compatible computer, computer card, and/or device to access the Service. You are responsible for ensuring the compatibility of your Unit with the Service. The availability and performance of the Service is subject to all memory, storage and other Unit limitations.
2.2 Service is available to your Unit only when it is within the range of our Wireless LAN.
2.3 All services are provided on an “as is” basis. We do not warrant that the Service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of the Service.
2.4 We will always try to make the Service available, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, collocation failures or due to an emergency. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service.
2.5 We reserve the right to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting any malicious applications.
2.6 Network speed is no indication of the speed at which your Unit connected to the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and you accept that delays or omissions may occur.
2.7 We do not warrant that any particular virtual private network will be compatible with the Service.
2.8 We will not supply any software to you in connection with the Service. If you use software packages, applications or configurations then you accept the risk of any failure of the Service resulting from the use of such software packages, applications or configurations.
3. Use of the Service
3.1 The Service is made available provided:
(a) You do not use the Service for anything unlawful, immoral or improper;
(b) You do not use the Service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy, or which is otherwise objectionable;
(c) You do not use the Service to harm or attempt to harm minors in any way;
(d) You do not act nor knowingly permit others to act in such a way that the operation of the Service or our systems will be jeopardized or impaired;
(e) You do not use abusive or threatening behavior towards other users of the Service, members of our staff or any person in the vicinity of a Wireless LAN Hotspot;
(f) You do not use the Service to access or use content in a way that infringes the rights of others;
(g) The Service is used in accordance with any third party policies for acceptable use or any relevant internet standards (where applicable).
3.2 You agree not to resell or re-broadcast any aspect of the Service, whether for profit or otherwise. You accept that your entitlement to use the Service is for your personal use only and that you shall not be entitled to transfer your entitlement to use the Service to any other person or allow any other person to make use of the Service or other entitlement supplied to you in connection with the Service.
3.3 You also agree not to modify the Unit or use the Service for any fraudulent purpose, or in such a way as to create damage or risk to our business, reputation, employees, subscribers, facilities, third parties or to the public generally.
3.4 You have no proprietary or ownership rights to any username or password or to a specific IP address, or e-mail address assigned to you or your Unit. We may change such addresses at any time or deactivate or suspend Service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the services.
3.5 You also agree that Adverva Media will be collecting necessary personal identifiable information that can be used to contact of identify you. Personally identifiable information may include, but is not limited to your name, email address, birthday, age, mobile number, etc.
3.6 From time to time we may offer and/or co-sponsor contests or other promotions through the Service. Each of these activities shall be governed by specific rules accessible when the contest or promotion is offered or when you submit your entry.
3.7 We may offer links to websites which are owned and operated by third parties, as well as advertisements for products and services that are offered by us or third parties. We provide these links and advertisements as a convenience to our visitors. We do not review the content of such third party content, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third parties.
4. Content Disclaimer
4.1 Adverva Media does not control, nor is it in any way liable for, data or content that you access, send or receive via the Service. The Internet contains unedited materials, some of which may be sexually explicit or offensive to you. Whereas Adverva Media use efforts to restrict such content Adverva Media has no control over and accepts no responsibility for such materials.
4.2 You assume full responsibility for your use of third party websites. Such websites are governed by terms and conditions different from those applicable to this Service, and we encourage you to review the terms and privacy policies of those third parties before using their websites.
4.3 It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. Adverva Media will 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 Service.
4.4 Adverva Media does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Service.
4.5 If you choose to use the Service to access web sites or content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and Adverva Media has no responsibility for their policies, or third parties’ compliance with them.
5. Fair Usage
To ensure the provision of a quality of Service to all our customers and to ensure that the behavior of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply.
6.1 By using our internet service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.
6.2 Accordingly, you agree that the owner and/or provider of this network is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.
6.3 Use of the wireless network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network.
Examples of Illegal Uses
The following are representative examples only and do not comprise a comprehensive list of illegal uses:
(a) Spamming and invasion of privacy – Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another’s privacy.
(b) Intellectual property right violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
(c) Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
(d) The transfer of technology, software, or other materials in violation of applicable export laws and regulations.
(e) Export Control Violations
(f) Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
(g) Uttering threats;
(h) Distribution of pornographic materials to minors;
(i) and Child pornography.
Examples of Unacceptable Uses
The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:
(a) High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e.torrents)
(b) Obscene or indecent speech or materials
(c) Defamatory or abusive language
(d) Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
(e) Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
(h) Distribution of Internet viruses, Trojan horses, or other destructive activities
(i) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
(k) The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
(l) Seeking information on passwords or data belonging to another user.
(m) Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.
(n) Intercepting or examining the content of messages, files or communications in transit on a data network.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. Adverva Media DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE.
9. Limitation of Liability
EVEN IF ADVERVA MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO MALICIOUS APPLICATIONS AND PROGRAMS OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
10. Class Action Waiver
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
We can cancel this agreement immediately if any of the following happens:
(a) You break an important condition of this agreement or a number of less important conditions as determined by Adverva Media.
12.1 The Subscriber agrees to indemnify and hold harmless Adverva Media, its affiliates, partners, directors, officers, employees, shareholders, agents and representatives from and against all claims, causes of actions, judgments, damages, expenses and liabilities arising from or in connection with (i) the use of the Service by Subscriber other than as permitted by this Agreement, and (ii) the content of material that the Subscriber transmits through use of the Service including, but not limited to, claims for defamation, invasion of privacy, disparagement and / or alleged violation of trademark or copyright.
12.2 You agree to protect your username/s and password/s when using our service . You are responsible for any usage of your account. If you become aware of any unauthorized or fraudulent usage of the Service via your account, you should notify us immediately via our compliance office using this email address: firstname.lastname@example.org.
12.3 You may not transfer or try to transfer any of your rights and responsibilities under this agreement without our consent. We may transfer our rights and responsibilities to any third party without your permission.
12.4 The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the Republic of the Philippines without reference to its conflict of law provisions.
12.5 This agreement shall not confer any benefit on a third party
12.6 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
12.7 All posted marks are a trademark of Adverva Media. Other marks, graphics, typefaces, trade dress, trademarks and logos are property of Adverva Media or of their respective owners. Our trademarks, trade dress and other intellectual property may not be used in any manner for any purpose without our express written consent.
12.7 We reserve the right to amend these terms and conditions at any time.
Information We Collect and How We Use It
The term “personal information” means information about an identifiable individual, including name, address, email address, phone number and other information relating to an individual.
We may collect personal information when you:
(a) Connect to the Internet using the Services;
(b) Sign up to receive newsletters and other promotional communications; or
(c) Contact us with a comment, question or complaint.
Wi-Fi Service: In order to use the Services, you may be asked to register by connecting your social media profile from one of the following 3rd party websites: Facebook, Twitter, LinkedIn, Google+ or other social media networks. If you do so, we will collect your name, email address, city, gender and other information disclosed to you at the time you connect through the social media networks. Alternatively, you may also be asked to register by providing your name, email address, city, gender, country, year of birth, and phone number. Your registration information is used to provide and otherwise administer the Wi-Fi Service, including the provision of tailored advertisements and other offers from us or our marketing partners while you are connected to the Service.
Newsletters, Text Messages and Promotional Materials: When you register to use the Service, you may also sign up to receive our email newsletter, SMS text messages and other communications. When you subscribe to our newsletter, SMS text messages or other communications, we will use your email address or phone number to send you information about our product and service offerings or those of our marketing partners. You may remove yourself from our newsletter list by clicking the “unsubscribe” link that appears at the bottom of each of our e-mails. If you have signed up to receive SMS text messages, you may unsubscribe by following the opt-out instructions provided in your SMS messages.
Contests, Sweepstakes and Promotions: When you enter a contest, sweepstakes or participate in a promotion, we may collect your name, address, phone number, email address, location, and other information you provide. We use this information to administer your participation in the contest, sweepstakes or promotion. At the time you enter the contest, sweepstakes or promotion, we may obtain your consent to send you future promotional communications. If a contest, sweepstakes or promotion is jointly sponsored by us and one or more sponsors, your personal information may be shared with such sponsors, as specified at the time of collection of your personal information. We do not control the use, disclosure or security of your personal information by other sponsors, and recommend you review their respective privacy notices or statements.
Surveys and Customer Research: From time to time, we may offer you the opportunity to participate in one of our surveys or other customer research. We use this information to help us understand our customers and to enhance our product and service offerings and promotions.
Contact Us: When you send email or other communications, we may use and retain those communications in order to process your inquiries, respond to your requests and improve the Wi-Fi Services.
Disclosure of Personal Information
We will not disclose, trade, rent, sell or otherwise transfer your personal information, without your consent, except as otherwise set out herein.
Service Provider Arrangements: We may transfer (or otherwise make available) your personal information to our affiliates and other third parties who assist us with providing the Wi-Fi Services. For example, we may use service providers to host our Website and send advertisements communications on our behalf. Your personal information may be maintained and processed by our affiliates and other third party service providers in Canada, the US, the Philippines or other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own purposes. For additional information about our third-party service providers, contact us as set out below.
Sale of Business: We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Adverva Media or as part of a corporate reorganization or stock sale or other change in corporate control.
Legal: We, our affiliates and our Canadian, US, Philippines and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable Canadian, US, Philippines or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims, as part of the administration of our loss prevention program, or as otherwise permitted by law.
Adverva Media guards and maintains your personal data throughout your subscription. Under the Data Privacy Act of 2012, you have the right to object to processing, right to access your data, right to rectification of inaccurate data, and right to erasure or blocking of data. For more information on your rights and how you may exercise them, please contact our Data Privacy Compliance Officer at this email address: email@example.com
When you access the Services, our servers automatically log certain information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, MAC address, location (such as GPS signals sent by a mobile device) or information that can be used to approximate your location (such as a cell ID), browser type, browser language, connection history, and the date and time of your request.
We may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our content and services.
We have implemented reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. Unfortunately, no collection or transmission of information over the Internet or other publicly accessible communications networks can be guaranteed to be 100% secure, and therefore, we cannot ensure or warrant the security of any such information.
We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Accessing and Updating Personal Information
You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in your personal information by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
Retention of Information
We may keep a record of your personal information, correspondence or comments, in a file specific to you. We will utilize, disclose or retain your personal information for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law.
Last modified: January 29, 2019