This agreement was last modified on September 25, 2013.
Welcome to the website and service of Y5ZONE Wi-Fi Hotspot, operated by Y5ZONE Singapore Pte Ltd, (“Y5ZONE,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, web sites, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement (including the policies and procedures referenced herein). If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account and immediately discontinuing use of the Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Y5ZONE Wi-Fi Hotspot Service
Y5ZONE Wi-Fi Hotspot provides an online platform that allows venue owners or occupants to register for an account, provision and offer Wi-Fi Hotspot Services at their establishments (better known as “Providers”) to any users with Wi-Fi enabled/compatible devices (better known as “Wi-Fi Users”) who seek to use such Services, in exchange for information (either personally identifiable or non-personally identifiable) and/or monetary payments.
Service Rules
In connection with your use of our Service, you agree that you will:
(1) as a Provider, provide the Location for the Y5ZONE Wi-Fi Hotspot in order for Y5ZONE Wi-Fi Hotspot to provide the Services to the Y5ZONE Wi-Fi Hotspot Wi-Fi Users. The commercial terms and conditions of this may be separately agreed by a written agreement; (2) as a Provider, keep and maintain its equipment to a high standard and shall upgrade as necessary, having regard to changes in technology and usage levels of the Provider’s Hotspot; (3) be responsible for maintaining the security of the equipments. Y5ZONE Wi-Fi Hotspot cannot and will not be liable for any loss or damage from the Provider’s failure to comply with this security obligation.
In connection with your use of our Service, you may not and you agree that you will not:
(1) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions; (2) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; (3) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (4) use our Service in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Service; (5) “stalk” or harass any other User of our Service or collect or store any personally identifiable information about any other User (except as expressly permitted by the Service); (6) offer, as a Provider, Wi-Fi service at an establishment that they do not own or have permission to operate from within; (7) recruit or otherwise solicit any Provider or other User to join third party services or websites that are competitive to Y5ZONE Wi-Fi Hotspot, without Y5ZONE Wi-Fi Hotspot’s prior written approval; (8) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (9) use automated scripts to collect information or otherwise interact with the Service; (10) use the Service to find a Provider or Wi-Fi User and then complete the transaction independent of the Service in order to circumvent the obligation to pay any fees related to Y5ZONE Wi-Fi Hotspot’s provision of the Wi-Fi Hotspot Service; (11) as a Provider, offer a Wi-Fi Hotspot Service with false or misleading information, or that you do not intend to honor; (13) use, display, mirror or frame the Service, or any individual element within the Service, Y5ZONE Wi-Fi Hotspot’s name, any Y5ZONE Wi-Fi Hotspot trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Y5ZONE Wi-Fi Hotspot’s express written consent; (14) access, tamper with, or use non-public areas of the Service, Y5ZONE Wi-Fi Hotspot’s computer systems, or the technical delivery systems of Y5ZONE Wi-Fi Hotspot’s providers; (15) attempt to probe, scan, or test the vulnerability of any Y5ZONE Wi-Fi Hotspot system or network or breach any security or authentication measures; (16) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Y5ZONE Wi-Fi Hotspot or any of Y5ZONE Wi-Fi Hotspot’s providers or any other third party (including another User) to protect the Service or any content thereon; (17) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; or (18) advocate, encourage, or assist any third party in doing any of the foregoing.
Y5ZONE Wi-Fi Hotspot has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Y5ZONE Wi-Fi Hotspot may involve and cooperate with law enforcement authorities in prosecuting Users who violate this Agreement.
Termination and Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement or your access to our Service, and (b) limit or ban usage of our Service from your device(s). Please note that if your device(s) is/are banned from our Service, we do not have an obligation to delete or return to you any User Content you may have posted to the Service.
Intellectual Property
The Provider shall have a limited, non-exclusive license during the term of the agreement to use the trade names, trademarks, and service marks of Y5ZONE Wi-Fi Hotspot as approved by Y5ZONE Wi-Fi Hotspot strictly for the purpose of advertising and marketing its Hotspots; and Y5ZONE Wi-Fi Hotspot and its affiliates shall have a royalty-free license to use the trade names, trademarks and service marks of the Provider for which the provider holds all rights necessary for use and to grant use in connection with this agreement. Each party agrees not to act in any manner that could impair or infringe upon the trademark rights of the other party.
Software and Firmware User Licences
The Provider acknowledges and agrees to the Y5ZONE Wi-Fi Hotspot License terms as follows: (1) The Provider shall have a limited, royalty-free, non-exclusive license during the term of the agreement to use Y5ZONE Wi-Fi Hotspot’s proprietary software known as Y5ZONE Wi-Fi Hotspot firmware, which is a set of programs developed exclusively by Y5ZONE Wi-Fi Hotspot and owned by Y5ZONE Wi-Fi Hotspot; (2) The Provider shall have a limited, royalty-free, non-exclusive license during the term of the agreement to use the firmware in the Wi-Fi Router equipment which supplies the Services in the Hotspot. Y5ZONE Wi-Fi Hotspot firmware is proprietary firmware developed exclusively by Y5ZONE Wi-Fi Hotspot and owned by Y5ZONE Wi-Fi Hotspot, with the exception of firmware developed under the GPL license for installation in dd-wrt- and OpenWrt-compatible router models. (3) The firmware developed under GPL licence is free software and you may redistribute and/or change it according to the terms of the GNU General Public License as published by the Free Software Foundation, in its current version 2. This firmware is distributed WITHOUT ANY GUARANTEE: neither the implicit COMMERCIAL guarantee or without guaranteeing the CONVENIENCE FOR PRIVATE USE. Please refer to the GNU General Public License for more details. This firmware source code contains various third party software. All dd-wrt and OpenWrt specific additions are licensed under the terms of the GNU General Public License (version 2). You can find the exact licensing terms of other parts in the unmodified software archives included in our source release in the ‘dl’ directory.
NO WARRANTIES
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Y5ZONE Wi-Fi Hotspot DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, PROVIDERS AND WI-FI CUSTOMERS. THE SERVICE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Y5ZONE Wi-Fi Hotspot EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Y5ZONE Wi-Fi Hotspot MAKES NO WARRANTY THAT THE SERVICE, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Y5ZONE Wi-Fi Hotspot MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
Y5ZONE Wi-Fi Hotspot MAKES NO WARRANTY REGARDING ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM THE USE AND/OR INTERRUPTION AND/OR UNAVAILABILITY OF THE SERVICE HOWSOEVER ARISING, INCLUDING BY WI-FI CUSTOMERS. Y5ZONE Wi-Fi Hotspot MAKES NO WARRANTY REGARDING ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT ACCESS OR ILLEGAL ACTIVITIES AT A HOTSPOT LOCATION OR NETWORK OF HOTSPOTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Y5ZONE Wi-Fi Hotspot OR THROUGH THE SERVICE OR ANY CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU. NEITHER Y5ZONE Wi-Fi Hotspot NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT THEREON, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Y5ZONE Wi-Fi Hotspot HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL Y5ZONE Wi-Fi Hotspot’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR THE SERVICE AS A WI-FI CUSTOMER GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROVIDER, THE AMOUNTS PAID BY Y5ZONE Wi-Fi Hotspot TO YOU GIVING RISE TO THE LIABILITY, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Y5ZONE Wi-Fi Hotspot AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify, and hold Y5ZONE Wi-Fi Hotspot, and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Service; (b) your User Content; and (c) your (i) interaction with any User, (ii) provisioning a Wi-Fi hotspot service, (iii) purchasing a Wi-Fi account by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of using the Service.
Entire Agreement
This Agreement, the Y5ZONE Wi-Fi Hotspot Privacy Policy, as well as any policies or procedures referenced herein, constitute the entire and exclusive understanding and agreement between Y5ZONE Wi-Fi Hotspot and you regarding the Service, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Y5ZONE Wi-Fi Hotspot and you with respect to the Service.
Assignment
You may not assign or transfer this Agreement, by operation of law or otherwise, without Y5ZONE Wi-Fi Hotspot’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Y5ZONE Wi-Fi Hotspot may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by Y5ZONE Wi-Fi Hotspot (i) via email (in each case to the address that you may have provided) or (ii) by conspicuous posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Singapore, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of Singapore, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
General
The failure of Y5ZONE Wi-Fi Hotspot to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Y5ZONE Wi-Fi Hotspot. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
Contacting Y5ZONE Singapore
If you have any questions about this Agreement or the Service, please contact Y5ZONE Singapore Pte Ltd at support@y5zone.sg.