IMPORTANT NOTICE: By using the Simply5 services, features or activating use of Simply5 services you agree and accept to these terms and conditions and the additional provisions below. You acknowledge that you are above the legal age and that you are responsible for all charges incurred by you while using the Service. Please read the following terms carefully before continuing to use this Service. If you do not agree with any of these terms, please do not use this Service. If you have any questions about these terms, please contact [email protected]
This is a binding agreement between you (“the User”) and OpenWiFi Labs Pvt Ltd ( “Simply5”) for use of Simply5 products and related features (the “Service”) from a designated site in accordance with the OpenWiFi Labs Pvt Ltd Terms and Conditions set forth below (the “Terms”) and any applicable Simply5 Service, Simply5’s Acceptable Use Policy and such other policies as Simply5 may adopt (collectively, “Policies”), each as they may be amended from time to time at the sole discretion of Simply5 and as may be posted from time to time at the Simply5 website at www.simply5.io.
These Simply5 Terms, any Plan you have agreed to, and the Policies, including any Simply5 materials you received in connection with your account, govern the use of the Service. In the event of a direct inconsistency, except as otherwise expressly stated in any of the foregoing, the Terms will control. You do not have the authority to vary, alter or amend any of the provisions of this Agreement. You agree Simply5 may change the provisions of the Agreement from time to time, and agree that electronic notices to you will be considered given and effective on the date such notices are uploaded to the Simply5 website. The change(s) shall become binding on you from the date of their posting as aforesaid and no further notice to be given shall be required by Simply5.
ACCEPTANCE BY THE USER AND USE OF THE SERVICE
Simply5 makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Service, its use by you, the information obtained through the Service, information regarding the Service provided by it, you or your personal information or material and information transmitted through the Service provided by Simply5.
MODIFICATION/AMENDMENT OF TERMS AND/OR TARIFFS
Simply5 may modify these terms at its sole discretion. The tariffs and/or rates charged for using the Service are subject to change without prior notice at Simply5’s sole discretion, therefore you should check all tariffs before availing of the Service.
You are responsible for ensuring that the device, product, system and/or equipment used by you is compatible with the Service and is in compliance with all applicable laws. The availability and performance of the Service is subject to the limitations of device, product, system and/or equipment used by you, the range of operation of the Service and factors at the location such as power availability and good environmental conditions. The Service may not be accessible, be limited, or curtailed at certain times, or its access may be interrupted and Simply5 shall not be responsible for any delays, damage, loss, failures, errors or omissions or loss of transmitted information as a result of such interruptions or improper accessibility. Nor shall Simply5 be responsible for the transmission of viruses or other contaminating or destructive programs through its Service and the use of the Service is at your sole risk and cost. Simply5 may suspend the operation of the Service for support or maintenance work or otherwise, in order to update the content or for any other reason. Simply5 may impose usage or Service limits, suspend access to the Service, or block certain kinds of usage in its sole discretion to protect you, other users or its business. Network speed is no indication of the speed at which a device, product, system and/or equipment used by you sends or receives data. You agree that sharing the Service with another party breaches the terms and may constitute fraud or theft, for which Simply5, its affiliates, directors, employees and its agents reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on the OpenWiFi Labs Pvt Ltd. Your address, log-in name or password may be changed. You agree that Simply5 may access your information etc. to enable, operate and update the Service and software; investigate activity that may be in violation of these terms; and/or to comply with applicable law.
Simply5 shall not under any circumstances whatsoever be held responsible or be liable for any issues and/or disputes whatsoever with respect to billing etc. arising out of usage by you of Simply5’s roaming partners at any Simply5 service locations and/or at Simply5’s roaming partners’ sites.
For security reasons, you may be required to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Simply5 Service servers. Simply5 shall not be responsible for any information that you may lose if your session is terminated due to prolonged periods of inactivity between your browser and the Simply5 Service servers.
You must at all times comply with all directions issued by Simply5 or its service partners relating to use of the Service. Neither Simply5 nor any of its partners, directors, affiliates, assigns, employees, agents, and investors will be responsible for providing the hardware, software or any other equipment necessary to access the Service and internet.
You understand that Simply5 will use commercially reasonable efforts to secure the Service and the systems in its control that are used to access the Service; however Simply5 cannot guarantee the effectiveness or availability of the Service. However, the internet is sometimes unreliable and is a difficult medium to secure and that wireless communications can be intercepted by technology designed and intended for that purpose. Simply5 therefore does not guarantee the absolute security of Simply5 or the systems (including the internet, your hardware and software) used to access Simply5 services, or any information that passes through such systems. Simply5 will not be liable to you or any other party for any lack of security or any loss, damage and injury that may result from your or any other party’s use of the Service.
Simply5 shall not be responsible for any material that is submitted to the public areas by you including but not limited to bulletin boards, chat rooms. It is hereby clearly expressed that all such material (whether submitted by you or any other User) is not endorsed, reviewed or approved by Simply5.
You undertake and guarantee that you shall not use the Service or allow the Service to be used in any manner as specified below. Simply5 reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that there is a likelihood that it may, including but not limited to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other Users or any third parties.Send, knowingly receive, upload, download, or use, publish, post, distribute or disseminate any defamatory, obscene, abusive, menacing, indecent or unlawful material or information.May be offensive, indecent, menacing, nuisance or is a hoax call or may cause annoyance, inconvenience or needless anxiety.post, transmit or upload files or information that contain viruses, corrupted files or any other similar software or programmes or disruptive component that may damage the operation of the Service and/or a third party’s system, product, device and/or network.Submit particulars that you do not have the right or authority to submit under any law or any contractual or fiduciary.Violate any copyright, trade mark, other applicable Indian or international laws or intellectual property rights of Simply5 or any other third party.Submits contents containing marketing or promotional material which is intended to solicit business.Restricts or inhibits any other User from using or enjoying the Service, including without limitation by means of “hacking” or otherwise with respect to the Service. Breaks any law or the conditions of any licence or rights of others, or Simply5’s acceptable use policy which may be amended from time to time by Simply5 at its sole discretion. Simply5’s acceptable use policy is available at www.simply5.io. May adversely affect or is likely to affect how the Service is provided to the User.Attempt to probe, scan or test the vulnerability of a system or network or Service or to breach security or authentication measures.Send or attempt to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes”, “spam”, “chain mail” or “junk mail”.Use or attempt to use the Service to send altered, deceptive or false source-identifying information.exceed the download limitations relevant to the particular period of Service purchased by you;resell, or attempt to resell, the Service to any third party.Use the Service in any manner not permissible in law.use the Service in such a manner as to host a web or other server, send or facilitate the sending of bulk e-mail or collect third party personal data without appropriate consent.
Simply5 does not routinely monitor the use of the Service by you like postings etc. to a website etc. but reserves the right to monitor, intercept and/or disclose any transmissions etc while using the Service. However, if Simply5 becomes aware of any inappropriate use of a website or the Service, Simply5 will respond in any way that it deems appropriate in its sole discretion. You confirm and acknowledge that Simply5 shall have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Simply5 will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet through the use of the Service. You will indemnify Simply5 and its partners, directors, affiliates, assigns, employees, agents, and investors against all and any losses or claims arising from any breach of the terms and conditions, policies, notices by you, and against any claims or legal proceedings arising from your use of the Service which are brought or threatened against us by another person or entity.
In the event of any misuse of the Service, immediate action to suspend the service without notice may be carried out and Simply5 may institute legal action. You shall defend, indemnify and hold Simply5, its partners, directors, affiliates, assigns, employees, agents, and investors harmless against any and all claims, losses, or liability arising under this section. The foregoing sentence will survive termination or expiration of the Agreement for any reason.
THIRD PARTY CONTENT & PROMOTIONS
Simply5 Service welcomes page features advertisements and promotions of third parties. Where it is apparent that products, services, information etc. are not provided by Simply5, your legal relationship in respect of those products, services, information etc. shall be with such third party supplier to whom such product, service, information etc. belongs.
Simply5 does not check or warrant the accuracy or completeness of the information or the suitability or quality of the products, services etc. of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services etc. supplied through the Service. You are advised to agree to the ‘terms and conditions’ laid down by such third party. If you are using a promotional plan, then specific promotional terms and conditions may apply
DISCLAIMER OF LIABILITY
Simply5 does not control, nor is it responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service or your acts of commission and omission while using the Service or the use and/or misuse of the Service. Simply5 reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these Terms, including but not limited to any of the activities described in this section. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these Terms, including but not limited to those activities described in this section and any other activities that may subject Simply5 to liability. Simply5 is not in any manner responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You access such materials at your own risk. Simply5, its partners, directors, affiliates, assigns, employees, agents, and investors disclaim any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your device, product, system or any other equipment. Simply5 has no responsibility for third party provider policies, or their compliance with them. If you elect to download or otherwise enable any software, including any client-based software designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service. In no event, will Simply5, its partners, directors, affiliates, assigns, employees, agents, and investors are liable for any lack of privacy which may be experienced with regard to the Service.
Notwithstanding anything else in this agreement, to the maximum extent permitted by applicable law, the Service will be provided on an “as is” and “as available” basis, and Simply5 disclaims and makes no representations or warranties and there are no conditions of any kind, either express, implied or statutory, including but not limited to any warranties of non-interference, merchantability, fitness for a particular purpose or use, security, viruses, or arising from course of dealing or usage of trade. To the maximum extent permitted by applicable law, Simply5 also disclaims any common-law duties relating to accuracy or lack of negligence. In addition, there is no warranty of title, against interference with your enjoyment of the service or against infringement. You assume all responsibility and risk for use of the service. We do not authorize anyone to make a warranty of any kind on our behalf and you should not rely on any such statement. Any statements made in any packaging, manuals or other documents, written or electronic, or by any Simply5 employees or representatives or agents, are provided for informational purposes only and not as representations or warranties of any kind by Simply5.
Neither Simply5 nor it affiliates, their agents or suppliers warrant that the service will be uninterrupted or error free or free from service degradation, or that any information, software, or other material accessible on the service are free from viruses etc. without limiting the aforesaid, the quality of the service may be affected by conditions within or beyond our control, including atmospheric, geographic, or topographic conditions, overall network usage levels, network signal quality, user and third party equipment performance, including the device, internet traffic levels, and other factors. Some states do not allow the disclaimer of implied warranties, so the above exclusion may not apply to you in whole or in part.
LIMITATION OF LIABILITY
Under no circumstances shall Simply5, its partners, directors, affiliates, assigns, employees, agents, and investors be liable to you, any user, or any third party on account of your or that party’s use or misuse of or reliance on the Simply5 Service arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Simply5, its partners, directors, affiliates, assigns, employees, agents, and investors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Service, from inability to use the Service, or from the interruption, suspension, or termination of the Service (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Service or received through any links provided in the Service, as well as by reason of any information or advice received through or advertised on the Service or received through any links provided in the Service. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data as specified I this Agreement. Such limitation shall further apply with respect to the performance or non-performance of the Service or any information or merchandise that appears on, or is linked or related in any way to, the Service. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Without limiting the foregoing, Simply5 will not be responsible for any delay or failure in performance due to events beyond the control of Simply5, including but not limited to flood, fire, accident, embargo or other governmental acts, delay or defect in delivery by suppliers, transportation delay or unavailability, riot, war, act of terrorism or of the public enemy, power outage, labor dispute or shortage, severe computer virus, third party network problems or acts of god. You acknowledge that the Service is only available within the coverage area of the OpenWiFi Labs Pvt Ltd, which is subject to change and that the Service may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, and for other reasons within and without the control of Simply5.
You understand that if at any time you are not current in paying any amounts owed to us or are in non-compliance of the terms and conditions and/or policies, Simply5 may terminate the Service immediately in our discretion without notice. Despite termination you will be liable for payment of any amounts due or other obligations incurred before or upon termination. Further, Simply5 reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, either in whole or in part, at any time in its sole discretion.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all intellectual property rights (including, but not limited to copyrights (including rights in software), trade marks, database rights, patents and inventions) in and relating to the Service are owned by Simply5 and its licensors or contractors. Nothing in this agreement operates to transfer any such intellectual property rights to you. You agree not to reverse compile, modify, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of any firmware or software used to provide the Service or used in connection with the Service.
You shall indemnify and keep indemnified Simply5, its partners, directors, affiliates, assigns, employees, agents, and investors against any losses or damages that Simply5 suffers as a result of use of the IPR of Simply5 or of a third party by you without obtaining an appropriate license or permission from Simply5 or the relevant third party.
External links may be provided for your convenience, but they are beyond the control of Simply5 and no representation is made as to their content. Simply5 has not reviewed all of the sites linked to the internet through the Service and is not responsible for the contents of any such linked site. Use or reliance on any external links and the content thereon provided is at your risk. The inclusion of any link does not imply endorsement by Simply5 of a site and/or link etc. Use of any such linked web site is at your own risk.When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Simply5. You shall have to contact Simply5 if you would like to link to this website or would like to request a link to its website.
You agree to indemnify, defend and hold Simply5, its partners, directors, affiliates, assigns, employees, agents, and investors harmless from and against any and all claims, damages (actual and consequential), losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of the terms; (ii) your violation of the undertaking, representation and covenants mentioned above; (iii) your use of the Service and/or (iv) your activities in connection with and through the Service.
These terms and conditions constitute a record of the agreement between you and Simply5 in relation to your use of the Service. Unless otherwise specifically stated these terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Simply5 in respect of your use of the Service. These general terms and conditions are in addition to and are to be read in conjunction with any special terms and conditions that may be applicable to services availed by you.Simply5 may at any time modify any relevant terms and conditions, policies or notices. You acknowledge and affirm that by using the Service from time to time, you shall become bound to the current version of the relevant terms and conditions, policies or notices and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible at all times for reviewing the then current version each time you use the Service.No indulgence or extension of time granted by Simply5 shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Simply5 in terms hereof, save in the event or to the extent that Simply5 has signed a written document expressly waiving or limiting such rights.Simply5 shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. In the event any provision of these terms and conditions, policies and notices is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable such provision shall be deemed to have been deleted from these terms and conditions, policies and notices, while the remaining provisions shall remain in full force and effect. Simply5’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither shall the course of conduct between the parties nor trade practice shall act to modify any provision of these terms and conditions, policies and notices.This Agreement shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflict of law.