By using any World WiFi web site, mobile website, web platform, product, marketing material, sales training course, subscription, and/or service (“Service”), of World WiFi, a division of World WiFi Ltd. (“World WiFi”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). These Terms of Service shall serve as an agreement (the “Agreement”) between World WiFi and the WiFi Customer (“Customer” or “You” or “Your”), hereafter collectively referred to as the parties (“Parties” or “Party”).
BY ACCEPTING THIS AGREEMENT, EITHER BY COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING A SERVICE THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
World WiFi reserves the right to update and change this Agreement from time to time without notice. You can review the most current version of this Agreement any time at: https://wordpress-316383-989692.cloudwaysapps.com/terms/.
Description of the Service
World WiFi (“World WiFi”) will provide you with wireless access to the Internet through the provision of this Service subject to broadband provider restrictions. The Service includes providing end-users with appropriate WiFi technology to access certain World WiFi Internet access points (“Locations”).
Violation of any of the terms will result in the termination of Your Service. While World WiFi prohibits such conduct and Content on the Service, You understand and agree that World WiFi cannot be responsible for the Content posted on the Service and You nonetheless may be exposed to such materials. You agree to use the Service at Your own risk, and to hold World WiFi harmless for any loss, misconduct, or unauthorized use of the Service.
If any unauthorized use occurs, World WiFi may hold You or any party that You have assigned liable for any loss or damage that are a result of the breach of this Agreement.
You are responsible for maintaining the confidentiality of Your Service password, and are responsible for all activities that occur under Your Service. You agree to immediately notify World WiFi of any unauthorized use of Your password or Service or any other breach of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.
World WiFi reserves the right to revoke access to the Service, at its sole option and discretion and without notice to You, if any misuse or foul play occurs or is suspected within the system.
World WiFi will not be liable for any loss or damage arising from Your failure to provide us with accurate information or to keep Your password secure.
World WiFi will charge You a monthly fee for the Service which will vary with the type of plan and actual Service rendered by World WiFi. All fees are subject to change at any time. We will notify You in advance of any fee changes.
World WiFi shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, World WiFi may issue an update to the World WiFi application which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although World WiFi will attempt to notify You in advance of an upcoming update, including details on what the update includes, whenever possible.
A valid credit card is required to set up any type of Service with World WiFi.
By using any World WiFi’s Service, You hereby authorize World WiFi to draw monthly automatic recurring payments from Visa, MasterCard or PayPal, covering all monthly dues and all other applicable payments to Your Service.
All subscriptions to any World WiFi Service will renew automatically on a month-to-month basis, and monthly recurring payments, where applicable, will continue until notice of cancellation is received. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
World WiFi reserves the right to revoke access to Services if Your balance is overdue or invoices are not paid in full. If for any reason You default on Your contracted payment obligations, You hereby authorize World WiFi or its assignee to collect the outstanding monies, plus service charges and interest, in any method available to World WiFi. You shall indemnify World WiFi for all collection or legal fees incurred by World WiFi in order to satisfy Your payment defaults.
There will be no refunds or credits for setup fees, partial months of Service, upgrade/downgrade refunds, or refunds for months unused with any Service.
In order to treat everyone equally, no exceptions will be made.
You are solely responsible for canceling Your Service. You can cancel Your Service anytime by clicking on the “Billing” tab inside the Service web platform. Your World WiFi membership will continue in effect unless and until You cancel Your membership or we terminate it. Any questions in regards to cancellations should be directed to [email protected] Cancellations by phone or sent to any other email address will not be accepted.
All of Your Content will be deleted from the Service upon cancellation. This Content cannot be recovered once Your Service is cancelled.
You must cancel Your membership before it renews each month in order to avoid billing for the following month’s fees. If You cancel the Service before the end of Your current paid up month, Your cancellation will take effect immediately and You will not be charged again. You will still be able to access the Service until Your current payment cycle expires.
You may cancel this Agreement at any time after all obligatory payments have been made to World WiFi, following which World WiFi shall not be required to render any further Service as per the terms of this agreement.
World WiFi, at its sole discretion, has the right to suspend or terminate Your Service and refuse any and all current or future use of the Service, or any other World WiFi Service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of Your Service or Your access to Your Service, and the forfeiture and relinquishment of all Content in Your Service.
World WiFi reserves the right to refuse Service to anyone for any reason at any time.
In the event of a cancellation and/or termination of Your Service, World WiFi will not be held responsible or liable for any damages that You or Your clients incur as a result of any agreements made between You and Your clients.
Upon expiration or termination of this Agreement: (a) You shall return or, at World WiFi’s request, destroy all confidential informationf, and (b) other than as provided herein, all rights and obligations of each Party under this Agreement, exclusive of the Service, shall survive.
Upon dissolution World WiFi agrees to provide all Content and necessary information, including client contact details and existing contracts, to transfer Your clients’ accounts so that they may maintain Service with World WiFi. Upon dissolution of Your subscription, World WiFi agrees to take over all of Your clients’ accounts and maintain them from the effective date of termination.
World WiFi will host Your Service with a premium Internet hosting provider. You will be granted access to Your Service from our website (https://wordpress-316383-989692.cloudwaysapps.com), and any sub-domains associated with the particular Service. World WiFi will make reasonable efforts to monitor the up-time of the hosting account, but does not guarantee or warrant its reliability due to various external Internet factors.
Under the terms of this Agreement, all paying customers of World WiFi will receive exclusive access to a secure members area (“Members Area”) that can be found at https://wordpress-316383-989692.cloudwaysapps.com/members/.
Information shared in the Members Area is copyright of World WiFi and must be kept confidential at all times. You may not share or sell any information to business owners, package or offer this information as a bonus, add this information to membership sites, or otherwise distribute this information without written consent from World WiFi. The trademarks, logos, and service marks that are displayed in Members Area information are the registered and unregistered marks of their respective owners.
World WiFi reserves the right to revoke access to the Members Area at any time if any misuse or foul play occurs, or if unauthorized file sharing or multiple-IP logins are detected in the system.
Customer and technical support is only available via email or our support forum. The technical support email address is [email protected]
World WiFi will make the best efforts to respond to all reasonable requests in a timely manner. You understand that World WiFi will not be held liable for any loss or misfortune that may occur from support or technical recommendations, or the time at which it may take for the support or technical issue to be addressed.
We claim no intellectual property rights over the material You provide to the Service. Your profile and materials uploaded remain Yours. However, by using the World WiFi application to create Your mobile application, You agree to allow others to view and share Your Content.
World WiFi does not pre-screen Content, but World WiFi and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall be solely responsible for securing and paying for all digital Content licenses and any other Trademark or Copyright licenses from Content owners (or their agents) required in connection for You to use in connection with the World WiFi Service.
Registration/Customer Information/Password Security
All information that you provide to World WiFi must be accurate, you are responsible for keeping such information up-to-date. You agree to keep confidential your log-in ID and password and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your member ID. You agree to immediately notify World WiFi if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of your member ID or password.
World WiFi does not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Service, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that World WiFi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if World WiFi has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) or any other matter relating to the Service.
World WiFi makes no warranty, and You hereby waive and disclaim any other warranty, representation, or condition of any kind or nature, express or implied, verbal or written, statutory or otherwise, including, without limitation, any warranty representation or condition of merchantability or fitness for purpose. You acknowledge that World WiFi will make reasonable efforts, but does not warrant that the Service will work on all mobile platforms. You acknowledge that World WiFi is not responsible for the results obtained by Your clients on their Wi-Fi Hotspots. In every circumstance,
World WiFi will have no liability for any damage, loss of productivity, or loss or alteration of matter detrimental to Your client’s property due to the use of third-party software or hardware installed or recommended by World WiFi.
You represent and warrant that any Content provided to World WiFi so that World WiFi may carry out the terms of this Agreement does not violate the rights of any third party, whether arising by agreement or by operation of law. You hereby (i) grant to World WiFi a license to use any such works or intellectual property attaching to such works ; and (ii) waive any and all moral rights in association with any such works provided to World WiFi. You further represent and warrant that such license and waiver of moral rights does not violate any rights of any third party.
You agree to indemnify, save and hold harmless World WiFi from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Your responsibilities or obligations, representations or warranties under this Agreement.
You waive any claim for damages of any kind or nature against World WiFi and agree that Your sole and exclusive remedy for damages (either in contract or tort) is the return of the price paid to World WiFi limited to a total value of $1,000.
Customer shall own and retain all rights to the Content provided by Customer, which includes all Content. World WiFi ltd shall own all rights, title, and interest in and to all other elements, materials, data, graphics, and code of the Service including all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprise the Service, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Service and design elements. You shall not do anything that may infringe upon or in any way undermine World WiFi’s right, title, and interest in the Service or any other intellectual property held by Gowalktalk ltd. World WiFi reserves the right to display any portion of Your publicly available Service for the purpose of displaying rendered work to other potential customers or for marketing purposes.
Each Party acknowledges that in connection with this Agreement it may have access to proprietary information of the other Party, including but not limited to trade secrets, data, processes, technical information, business knowledge, pricing, service providers, hosting providers, technology partners, research and development and marketing strategies (hereinafter collectively referred to as “Confidential Information”). You acknowledge that the disclosure of Confidential Information in any manner would be highly detrimental to the interest of World WiFi. You agree that the right to maintain such Confidential Information constitutes a proprietary right, which World WiFi is entitled to protect. Accordingly, You, Your agents and Your employees agree that they cannot disclose or permit (either during this Agreement or thereafter) the disclosure any Confidential Information to any person, or use or permit the use of same, for any purposes other than those of the owner of such information. You shall not use any Confidential Information of World WiFi except as may be necessary to perform your respective obligations under this Agreement. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of You.
Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
You understand that World WiFi uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other World WiFi Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent by World WiFi.
World WiFi may, but has no obligation to, remove Content and Services containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any World WiFi customer, employee, member, or officer will result in immediate Service termination.
You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
General Use Restrictions
Subject to your acceptance of and compliance with these Terms, for the Service and compliance with all Gowalktalk Ltd, Online Policies identified below, you are hereby granted the right to use the Service through a non-exclusive, non-transferable and non-assignable limited license. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your subscription to or membership in the Service, any portion of the Service, use of the Service, or access to the Service. You have no right to resell, sublicense, assign or transfer your right to access the Service or use the World WiFi Network. All information, customer data, documents, products, and software (the “Materials”) provided with this Service were provided by or to World WiFi by their respective manufacturers, authors, developers, licensees and vendors (including, without limitation, Place of Business, the “Third Party Providers”) and are the copyrighted work of World WiFi and/or the Third Party Providers. Except as stated herein, none of the Materials may be sold, copied, reproduced, resold, disassembled, distributed, republished, downloaded, displayed, developed in alternative form or code, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of World WiFi or the Third Party Provider. You also may not, without World WiFi prior express written permission, .mirror, any Material provided with this Service on any other server.
Nothing provided with this Service shall be construed as conferring any license under any of World WiFi or any Third Party Provider’s intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials provided with or through this Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Operational Limits of the Service.
Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that World WiFi will not be liable for such interruptions. You further understand and agree that World WiFi has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of World WiFi.
World WiFi may assign all of its rights, interests and obligations pursuant to this Agreement to any person or Company without Your consent. You shall not assign or transfer any of Your right or obligations pursuant to this Agreement without the prior express written consent of World WiFi.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
World WiFi reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. You agree that World WiFi will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
Clients shall document all changes or requests for alterations to contracts , services or software before acceptance by World WiFi. When applicable such acceptance shall be in writing or electronic confirmation.
Third Party Content Disclaimer/ Links to Third Party Sites
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by World WiFi. World WiFi does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by World WiFi. This Service may be linked to other websites, which are not under the control of and are not maintained by World WiFi. World WiFi is not responsible for the content of those sites. World WiFi is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by World WiFi of those sites nor warrant or make liable World WiFi for the content or use of those websites.
Software Use Restrictions
Any software that is made available to download with the Service (the “Software”) is the copyrighted work of World WiFi and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the “License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Installation assistance, product support and maintenance, if any, of the Software is available from World WiFi and/or the Third Party Providers, as the case may be.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Unless otherwise explicitly stated, any Materials provided by you in connection with this Service shall be deemed to be provided on a non-proprietary and non-confidential basis. World WiFi shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not World WiFi, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.
Should you or any user have to complain about the content of advertising, promotions or publications on the site you should submit your concern for review to [email protected] and it shall be reviewed and when determined by World WiFi to be upheld then at the sole discretion of World WiFi it may be removed or the supplier/user contacted to remove same.
Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED .AS IS., AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. World WiFi MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, WORLD WiFi DOES NOT AUTHORIZE ANYONE OT MAKE A WARRANTY ON WORLD WIFI'S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY BY A THIRD PARTY AS A WARRANTY OF World WiFi.
Limitation of World WiFi Liability
WORLD WIFI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. MOREOVER, IN NO EVENT SHALL WORLD WIFI BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF WORLD WIFI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, WORLD WIFI. SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO WORLD WIFI BY YOU FOR EQUIPMENT OR USE OF THE SERVICE.
Liability of Customer
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST WORLD WIFI FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WORLD WIFI (INCLUDING ITS PARENT AND AFFILIATE COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS) FROM, AND YOU COVENANT NOT TO SUE WORLD WIFI FOR, ANY CLAIMS BASED ON, OR STEMMING FROM YOUR USE OF THE SERVICE AND MATERIALS.
This Service could include inaccuracies or typographical errors. Gowalktalk Ltd and the Third Party Providers may make improvements and/or changes in the products, services, programs, Materials and prices associated with this Service at any time without notice.
Gowalktalk Ltd will not be liable for any delay or failure to perform our obligations if such delay or nonperformance arises in connection with any cause or causes beyond its reasonable control. Such causes shall include, without limitation, any act of God, fire, flood, natural disaster, strike (or other labor dispute), unusually severe weather, vandalism, terrorism, or any act, law regulation or request of any governmental body.
In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and these Terms shall continue in full force and effect and be construed as if they did not contain the invalid or unenforceable provision.
Independent Legal Advice
You acknowledges that You have had the opportunity (whether taken or not) to seek independent legal advice with respect to this Agreement.
World WiFi and/or the applicable Third Party Provider control and operate this Service from its or their headquarters in various locations and makes no representation that these Materials or the Service are appropriate or available for use in other locations. If you use this Service or the Materials from other locations, you are responsible for compliance with applicable local laws.
This Agreement shall insure to the benefit of and by binding upon each Party and its heirs, executors, administrators and permitted successors and assigns.
The failure of World WiFi to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement constitutes the entire agreement between You and World WiFi with respect to the subject matter hereof and cancel and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written (including, but not limited to, any prior versions of this Agreement) between the You and World WiFi with respect thereto.
Questions about the Terms of Service should be sent to [email protected]
UPDATED September 10/2019