OUR Fi

TERMS OF USE

Welcome to OUR-fi! The website www.ourfi.in (“Website”) has been developed by INA Technology Solutions LLP (“INA”, “we”, “our” or “us”) to enable sharing of Internet by registration of hosts and users on Ourfi hotspots. You may browse our Website without registration; however, you will be required to register and open an account with us, either as a host or a user, to be able to use certain features of our Website. The Website and all the services rendered by INA through the use of the Website, including installation and use of the relevant hardware (“Product”), shall hereinafter be collectively referred to as the “Services”. The Website allows you to view our details and other services offered by us and other information relevant to our business. Please read these Terms of Use carefully. Your use of the Services will at all times be subject to these Terms of Use and our Privacy Policy, available at http://www.ourfi.in/privacy-policy.php (“Terms”), whether or not you have logged into your account with us. These Terms set forth a legally binding contract between you and us. By using the Website, you agree to be bound by these Terms. Even if you only visit the Website or review any of the services offered by us, you will be bound by these Terms.

b. Collection of information, which information may include but will not be limited to, your name, contact information, location, and such other information as is permitted by the Services, as updated from time to time; and

c. Sharing of the information so collected with any regulatory authority, in any form and manner as decided by INA.

You represent that you have full power, capacity and authority to accept these Terms of Use. If you are accepting on behalf of another entity, you represent that you have full legal authority to bind such entity to these Terms. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.

2. Registration

a. While you may view limited sections of our Website without registration, most of content and the Services will require registration, either as a host or a user.

b. If you register with us, you represent and warrant to us that: (i) your age is 18 years or above; (ii) you have the capacity to form a binding contract; (iii) you have provided or will provide INA with accurate, current and complete registration information. If you provide any information that is inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any access to the Website.

c. Upon registration, an account is created for you and you will be issued with a username and password. You shall be responsible for all use of the Services accessed or used by means of the usernames and passwords issued to you. It is your responsibility to safeguard your usernames and passwords and keep them confidential, and to avoid use of usernames and passwords on public computers or in any manner that would allow a third party to access your account. Your use of your username and password authenticates your identity, and INA is entitled to act on instructions received when your username and password is used, regardless of whether such use is authorized by you. INA shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your account details or the password. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account.

d. If you are registered as a host, you additionally represent and warrant that (i) you have a valid, active internet connection from an internet service provider registered in India, and you are authorised to share such connection with other registered users (ii) you will not use the Product in a manner that (a) is prohibited by any applicable law, or to facilitate the violation of any applicable law, or (b) will disrupt a third party’s similar use of the Product; (c) will violate or tamper with the security of any of INA’s computer equipment or programs (iii) you shall provide access to internet at all times. e. You agree to notify INA immediately of any unauthorized use of your account or any breach of security, including any suspected unauthorized use/breach of security on the Website. INA reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion if you are in breach of any of these Terms of Use.

3. Permitted Use

a. The Services may only be used for non-commercial purposes and are available on subscription fee-basis. You shall not assign or transfer your account, and attendant obligations and rights, to any third party without the prior written consent of INA.

b. You shall not, directly or indirectly, use Services in any manner that contravenes the provision of the applicable law, rule, regulation or guidelines for time being in force.

c. You shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of INA or any third party. More specifically, you shall not copy, modify or distribute any content or materials from the Services or any of our trademarks;

d. You shall not harvest or otherwise collect any information about our customers, including email addresses, mailing addresses, or preferences without their and our consent.

e. You shall not copy, distribute, transmit, post, link, deep link, or otherwise modify or alter the Services in any manner.

f. You shall not hack, modify, circumvent or otherwise attempt to access portions of data contained within the Services that are not explicitly presented to you.

g. You specifically agree to not use Services to host, display, upload, modify, publish, transmit, update or share any information that:

i. belongs to another person and to which you do not have any right to;

ii. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. harms minors in any way;

iv. infringes any patent, trademark, copyright or other proprietary rights;

v. violates any law or regulation for the time being in force;

vi. deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature;

vii. impersonate another person;

viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

h. In the event of breach of the provisions of this paragraph 3, we reserve the right to immediately terminate your access to or use of the Services and suspend or remove your account and any of your information immediately, without the requirement of providing you any notice in this regard.

4. Amendment

INA reserve the right to modify these Terms any time, with or without prior notice and your use of the Services after such amendment shall constitute your agreement to abide by the amended terms. It is your duty to keep yourself up-to-date with the Terms. We also retain the right to deny access to anyone who we, in our sole discretion, believe has violated any of these Terms. INA may, at its sole discretion and without providing any prior notice to you, add, modify and/or delete any of the features of, or stop, the Services, temporarily or permanently, without attracting any liability. you acknowledge and agree that the look and feel of the Services may change from time to time, without prior notice to you.

5. INA Proprietary Rights and Limited Licensing

a. You acknowledge and agree that INA owns all legal right, title and interest in and to the Services, including any intellectual property rights comprised in such Services(whether those rights happen to be registered or not, and wherever in the world those rights may exist), including all content in the Website, such as images, logos, photographs, text, graphics, interfaces, microsites, etc. INA and other marks indicated on this Website are trademarks of INA. All other trademarks not owned by INA that appear on this website are the property of their respective owners, who may or may not be affiliated with, or connected to INA.

b. INA gives you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to access and use the Website as provided by INA, and in the manner permitted by these Terms.

c. If you are a host, you shall not transfer, sublease or sublicense the Product or any other rights and licenses granted thereunder. The Product shall not be reproduced, copied, modified or reverse engineered in whole or in part, and shall not be removed from the jurisdiction for which its use is authorized.

d. Except as expressly permitted under the Terms, or unless you have received prior written authorization from INA, INA’s licenses above are subject to your adherence to all of the restrictions below:

i. you will access or use the Services only through the technology or means provided therein, or through other explicitly authorized means INA may designate;

ii. you will not copy, translate, modify, create a derivative work of, or publicly display the Website or any part thereof;

iii. you will not use the Services in any manner that could damage, disable, disrupt or impair the Website or interfere with any party’s use and enjoyment of the Website or Services;

iv. you will not, whether directly or through any third party, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof; or

v. you will not delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears on the Website.

e. You give INA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to view and use your personal data and any and all information you host, display, upload, modify, publish, transmit, update or share using the Services for product development, testing, analysis and preparing report for your Employer as well as sharing the information as is with your Employer.

6. Termination

The Terms will continue to apply until terminated by either you or INA. You may terminate these Terms and the Services by informing INA at the earliest and by ceasing to use the Services.

7. Warranties; Disclaimers

You expressly understand and agree that the Services are being made available to you purely on an “as-is” basis, without warranties of any kind. You expressly understand and agree that your use of the Services is at your sole risk and discretion. You will be solely responsible for any injury that results from the download and use of the Services. In particular, INA does not represent or warrant to you that:

a. The Services will be constantly available, or available at all. We shall have no liability to you for any interruption or delay in access to the Services, irrespective of the cause;

b. Any errors or defects in the Services will be corrected;

c. The Services will be secure or free of errors, technical problems, interruptions, defects, viruses, Trojans or other malware;

d. Any software used and/or licensed in connection with the Services will be compatible with other third party software or devices nor that operation of the Product or the associated software will not damage or disrupt other software or hardware; or

e. Any information obtained by you as a result of your use of the Services will be accurate or reliable.

INA further expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. With respect to any hardware or software infrastructure provide, but not manufactured, by INA, the warranties, if any, given by the manufacturer shall apply. INA shall not be responsible for costs of removal or reinstallation of Product, and any associated hardware or software infrastructure. The warranties contained herein exclude performance issues and damages due to normal wear and tear, use of Product and Services for other than the intended purpose, improper handling or inadequate maintenance by the host.

8. Limitation of Liability

You expressly understand and agree that INA will not be liable to you for:

a. Any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you, however caused and under any theory of liability (including, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data, cost of procurement of substitute goods or services, or other intangible loss) arising out of or in connection with the use of the Services or these Terms of Use;

b. Any loss or damage as a result of:

i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website;

ii. any changes that INA may make to the Website, or any permanent or temporary cessation in the provision of the Services (or any features within the Website); or

iii. the deletion of, corruption of, or failure to store, any information, content and other communications data maintained or transmitted by or through use of the Services.

The above limitations on INA’s liability to you will apply, whether or not INA has been advised of or should have been aware of the possibility of any such losses or damages. In any event, INA’s liability shall be limited to any payments received by INA from you in the previous three months.

9. Indemnity

You agree to indemnify INA and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees from and against all liabilities, damages, claims, suits, fines, costs and expenses (including reasonable attorney fees) arising out of or resulting from (a) your use of the Services, including by reason of such use being inconsistent with these Terms, (b) violation of these Terms, applicable laws or the rights of a third party, and/or (iii) breach of your representations and warranties.

10. Other Terms

a. Any provision of these Terms which is contrary to law will not invalidate any other provisions.

b. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

c. These Terms shall be governed by and interpreted in accordance with the laws of the India and shall be subject to the exclusive jurisdiction of the courts at Hyderabad, India.

11. Queries and Grievance officer

If you have questions or concerns about our Terms of Use or policies, or if you no longer wish to receive our emails/communications, please contact our grievance officer at contact@inatechsol.com