Terms And Condition

Terms and Conditions for use of (Free_CCD_WiFi) Wi-Fi Hotspot

1. Our Agreement with you

The terms and conditions set out below govern your use of the <Free_CCD_WiFi> Wi-Fi Hotspot.  The <Free_CCD_WiFi> WiFi Hotspot is a wireless data service provided by <Cafe Coffee Day (a division of Coffee Day Global Limited),>either directly or through its agent,that allows you to access the internet and send and receive data at the location through our WiFi broadband network (service). By accessing the service, you agree to be bound by these terms and conditions.  Please read these terms and conditions carefully. If you do not comply with them, we may restrict, suspend or prohibit your use of or access to the Service.

2. Definitions

In these terms and conditions:

1. “agents” means any contractors, providers, dealers or agents appointed by us to perform any of our obligations under this agreement or provide any other services on behalf of us;

2. “agreement” means these terms and conditions between us and you, together with any other terms and conditions published by us (in each case as amended from time to time);

3. “day” means any 24 hour period commencing at 12.00 midnight;

4. “location” means the location at which you can access the service;

5. “mobile device” means a mobile phone or other mobile telecommunications device;

6. “mobile service provider” means a provider of mobile telecommunications services to the public in India;

7. “network operator” means any entity with whom we have entered into an interconnection agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between us and that entity;

8. “splash page” means the initial internet page visible on a mobile device upon you entering the required authentication information to access the services;

9. “we”, “us”, “our” and “CCD” means Cafe Coffee Day;

10. "website" means our website atwww.cafecoffeeday.com;

11. “you” and “your” means you, the user of the service;

3. Service

To access the service, you must have a mobile device and use that device at the location to select the wifi hotspot named “<Free_CCD_WiFi>” and enter any required authentication information, including any username and password. Access may be subject to capacity restrictions.

The service may be otherwise changed, modified, advanced, suspended or removed by us at any time. Changes will be posted on our website and on the splash page. If any of our new services require new or upgraded mobile devices, you will be responsible for obtaining that new or upgraded mobile device.

4. Your responsibilities

You are responsible for maintaining the confidentiality of the password/OTP and account, and are fully responsible for all activities that occur under your password or account.

You are responsible for ensuring that any mobile device you use to access the service meets any minimum requirements for the service, is compatible with the service, is free of viruses and that you have adequate security to prevent unlawful access to or use of your mobile device or the service.The service is intended for email, instant messaging, browsing the internet, using apps and accessing corporate intranets. You will only use the service for your own personal, non-commercial use or, if you are operating a business or doing business, for your own internal business purposes.

In return for <CCD> or its agent providing the service to you, you agree to:

• follow our reasonable instructions about using the service that we may notify you of from time to time on our website or on the splash page;
• use the service in a reasonable and responsible manner;
• take all reasonable care to prevent the spread of viruses, or contamination by virus, of any software or hardware operated by any other person;
• ensure that all personal information that you give us is correct, current and complete and provided in a timely fashion;
• notify us immediately if any of the personal information that you have provided us changes; and
• make sure that anyone else who uses the service that we provide to you also abides by this agreement.

You agree not to use the service or attempt to use or allow the service to be used:

• in any way that is unlawful (including under any law passed after the date of this agreement), fraudulent or offensive or could interfere with our network, any other network operator's network or with another user's enjoyment of the service;
• in any way that harasses, menaces or stalks people or unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;
• to send, display, access, make available, publish or distribute any information, software or other material which is unlawful, abusive, obscene, defamatory or which a reasonable person would consider offensive (flaming);
• to send unsolicited electronic mail to any person for the purposes of advertising or promoting any organisation (spamming);
• to gain or attempt to gain unauthorised access to any computer systems or in a manner which infringes our rights or the rights of any other person;
• to knowingly transmit any virus or other disabling feature;
• to access or use our or anyone else’s systems, networks or data without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
• to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you; or
• in a manner which enables a minor to access material inappropriate for a minor.

You will be responsible for protecting your mobile device against any virus, unauthorised access or spam. We recommend that you install appropriate firewalls, spam filters and anti-virus software. You will be responsible for any additional traffic that may result from any virus, spam or unauthorised access. Therefore, to the extent permitted by law, we accept no liability in relation to any virus, unauthorised access or spam experienced by you. However you are responsible for ensuring the compatibility with the services of, and the support and maintenance of firewalls, spam filters, anti-virus and other software.

You will indemnify us and our agents and suppliers against all liability, losses and costs that we incur:

• through your failure to do any of the above;
• through your failure to perform any other obligation that you have under this agreement; or
• as a result of any claim made against us by a third party as a result of your use of the service, including as a result of material that you generate or disseminate by using the service.

5. Our commitment to you

We will use reasonable care and skill in providing the service.  However, given the nature of telecommunications systems (including the service’s reliance on systems and services not owned or controlled by us), we cannot promise that the service will be error-free, uninterrupted, secure, virus-free or accessible at all times with sufficient capacity. The service may be adversely affected by a number of factors beyond our control, including radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages on other networks and provider sites, the configuration or limitations of your mobile device, your distance from the physical WiFi hotspot or the number of users using the service at any location at the same time, which means that you may not receive some or all of the service at a location or at certain times.  The service is provided “as is” and neither <_CCD > or its agents or suppliers make any warranty of any kind (express or implied) with regard to the service (including any warranty of merchantability, fitness for a particular purpose or non-infringement). We do not guarantee that the service will be compatible with your mobile device or any software you may use.

If you do encounter a fault in the service, you should contact us and we will work to restore the service as soon as possible. We will not be responsible for fixing any fault with the service that occurs because of a fault in your mobile device or because you have used the service incorrectly or because of any other event beyond our reasonable control. From time to time,

6. Privacy

By using the service, you agree that we and our agents can collect information about you and the way in which you are using the service and that we and our agents can use, hold and share this information with any CCD group company and with those employees who need to use your information in the context of our business, for a range of lawful purposes connected with our business operations including:

• providing you and other users with the service;
• profiling usage of the service across users or locations;
• maintaining and improving the quality of the service; and
• sending you information and/or marketing messages about our special offers, products and services, and those of selected agents and third parties which may be of interest to you (unless you have advised us in writing that you do not want to receive this information).

You agree too that the electronic marketing message we, our agents and third parties send need not include an unsubscribe facility.

We and our agents may also:

• share with third parties aggregated information in relation to your use of the service, provided that we will not disclose information in a form that could reasonably be expected to identify you without your permission;
• share some of your personal information with other network operators or mobile service providers so you can send and receive data and to monitor or investigate fraud or other offences; and
• provide your personal information to public sector agencies in order for them to investigate an offence.

Subject to any rights you may have under the Privacy Act 1993, neither we nor our agents will be liable to you, or to anyone else, for the content or lack of confidentiality of any services you use or for any disclosure we or our agents make by law to a public sector agency. 

7. Security

The service are reliant on the internet and systems and services not owned or controlled by us and, although we will endeavour to maintain the security of information, we cannot guarantee that information you receive or supply when using the service will be secure at all times. You acknowledge that we are unable to exercise control over, and make no representations or warranties concerning, the security or content of data or information received or supplied when using the service. We recommend that you use considerable caution before transmitting any sensitive information when using the service.

You understand, agree and acknowledge that we may use third party services providers to store and process Your personal information and other information which You provide to us and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over us. You agree and understand that we provide no guarantee, warranty or assurance that such third party service providers will protect Your personal information and we shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or  under public policy) of these third partiesunless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of CCD

8. Intellectual Property

You acknowledge that <_Cafe Coffee Day> and its suppliers own all intellectual property rights in the service and that using or agreeing to use the service does not give you any rights in any part of the service.

9. Our liability to you

Unless otherwise prohibited by law, in no event will <_CCD > or our agents or suppliers be liable to you or to any third party for losses, damages, claims or costs whatsoever (direct or indirect) arising out of the use of, or the inability to use, the service, even if we have been advised of the possibilities of such loses, damages, claims or costs.

10. Ending this agreement

You can end this agreement by turning off the wifi hotspot named “<CCD>” access on the mobile device you are using to access the service.

We can suspend, bar or restrict your use of any or all of the service without telling you if:

• you do not comply with any terms and conditions in this agreement;
• you use the service in an offensive, abusive or malicious way;
• we suspect you of using the service for any illegal or fraudulent activity or in any way that infringes anyone’s legal rights (such as copyright); or
• all of the service are permanently or temporarily (for any reason) unavailable to you.

Upon this agreement ending, you will no longer have access to the service at the location. Ending this agreement does not affect any of the rights or responsibilities which are intended to continue after this agreement ends. 

11.Changing these terms

We may change this agreement at any time. Changes will be posted on our website and the splash page. Please check our website regularly for updates.

12. Indian Law

This agreement is governed by the laws of  India and you submit to the non-exclusive jurisdiction of the courts of Bangalore.

13. Waiver

If we fail or delay to exercise any right or power under this agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.

14. Force Majeure

We will not be liable for any delay or failure of the service or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event beyond our control.

15. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within Six (06) months after such claim or cause of action arose or be forever barred.

16. Agents of

We shall be entitled to subcontract or delegate the performance of any of our rights or obligations under this agreement but any such subcontracting or delegation will not relieve us from liability for performance of any such obligation. Without limiting this, we may appoint an agent to provide the service. Our agents can enforce those rights or obligations expressed to be for their benefit in accordance with the Contracts