Terms of Service- WifiLinx Merchants

Terms of Service

The Terms of Service described in this section shall guide and regulate the contractual relationship between NowCrowd Inc. DBA WifiLinx and the WifiLinx merchants and the visitors. Unless explicitly exempted within the Terms of Service, the registration form along with the Terms of Service, Privacy Policy, and where applicable, the WifiLinx Software User License shall be deemed as a Contract between NowCrowd Inc. DBA WifiLinx and the WifiLinx merchants and the Visitor.

Description of WifiLinx Services

NowCrowd, Inc. shall facilitate WiFi Hotspots at different WifiLinx locations and duly inform the users, provide reiteration for hassle-free access to WifiLinx while ensuring proper security by appropriate authentication.

NowCrowd, Inc. shall ensure that the visitors don’t face any problem in connecting to a WifiLinx Community at any location where the company is facilitating WiFi Hotspots.

Prior Requirements

The users who want to participate as a WifiLinx merchant shall install a WifiLinx Router before proceeding to register with our WifiLinx Community and accepting the Terms of Service.

Activation of the WifiLinx location

The users shall provide authentic, accurate and complete information while filling the registration form on our website to register with the WifiLinx Community. While registering, the users shall select a choose username and remember or confidentially store their username and passwords to conveniently access WifiLinx Community in the future. The user shall keep their registration information up to date by informing NowCrowd, Inc. about any subsequent changes or modifications to the registration information that might occur over time.

Rights and Obligations of the WifiLinx Users

You shall acknowledge that NowCrowd Inc. DBA WifiLinx strictly prohibits unlawful activities and no explicit or implicit exceptions in our Terms of Service, Privacy Policy, and WifiLinx Software User License Policies shall be deemed to have given you the permission to engage in unlawful or malafied activities. You should acknowledge and consent to use our WifiLinx website, Access Portal, Community, Software, and other Services or Hardware for only legal activities.

You should acknowledge and consent that NowCrowd Inc. DBA WifiLinx shall hold complete discretionary powers at all times to apply its prudence in sharing user information with the government, judicial and semi-judicial bodies in light of legal processes, regulations and applicable.

You should acknowledge and consent that if objections are raised by authorities against any content / service offered by WifiLinx merchants / Channel Partners through our Portal, or the service in question violates any of the applicable laws, NowCrowd Inc. DBA WifiLinx shall hold exclusive authority to remove these customized contents.

You should acknowledge and consent that while using the services offered by WifiLinx merchants, you shouldn’t do anything or engage in any activity that violates the privacy of our WifiLinx merchant/ Owners.

For the WifiLinx merchant

When you register to participate as the WifiLinx merchant and install our WifiLinx Router, you should acknowledge and consent to create a WiFi hotspot and facilitate hassle-free public accessibility to this WifiLinx network.

As the WifiLinx merchant of our Network, you should allow other users to access the Internet through the WiFi hotspot or WifiLinx that you have created.

You should acknowledge and consent to comply with the contractual obligations of your ISP and deal with any issues that might arise. NowCrowd Inc. DBA WifiLinx shall not be responsible for any compliance issues or obligations that your Internet Service Provider might claim due to any reasons.

You shall acknowledge that NowCrowd Inc. DBA WifiLinx strictly prohibits unlawful activities and no explicit or implicit exceptions in our Terms of Service, Privacy Policy, and WifiLinx Software User License Policies shall be deemed to have given you the permission to engage in unlawful or malafied activities. You should acknowledge and consent to use our Hardware, Software, WifiLinx website, Access Portal, Community, and other Services or for only legal activities.

For the Visitor:

You should acknowledge and consent that when you access our free WIFI Hotspot or WifiLinx at any location, we gather user information to provide improved and customized services. Our privacy policy shall govern what information is gathered and how it is used to improve our services.

WifiLinx Obligations

NowCrowd Inc. DBA WifiLinx may provide free WiFi Hotspot or WifiLinx at several locations, but it shall take adequate measures to control the access to these WifiLinx hotspots. In order to provide security to its users, the company shall validate / authenticate every user who connects through its WifiLinx Network or participates / contributes to the WifiLinx Community.

WifiLinx shall take active measures to track the total number of users who access each WifiLinx Network and identify the type of users who use its services at each of these WiFi Hotspots.

NowCrowd Inc. DBA WifiLinx shall do everything it can and provide the most satisfying user experience in terms of Community Service and Consumer Support.

Data Protection

Whether this contract is active or stands terminated, NowCrowd Inc. DBA WifiLinx shall employ cutting-edge technology to protect the personal data stored on its servers and do everything it can to maintain the privacy of its users. However, NowCrowd Inc. DBA WifiLinx shall publish the list of its WiFi hotspots to ensure that people are aware of the location / address of its WifiLinx Network. The publication or promotion of this list is very important for making people aware about free WiFi hotspot availability so that other users can access WifiLinx and participate in the Community.

You shall acknowledge and consent that your user information will be shared with the third parties for providing improved and customized services. These third parties include the NowCrowd Group of Companies, WifiLinx merchants, Channel Partners and contractors, particularly the service providers that are engaged by NowCrowd Inc. DBA WifiLinx to provide an exceptional user experience to our users and Community participants. You should understand that sharing user information is indispensable for providing improved and customized services. However, the use and information sharing shall be governed by the privacy policy, as published along with these Terms of Service, in consistency with the prevailing rules and regulations about Privacy and Data Protection.

Intellectual / Industrial Property Rights

You should understand that use of our official version of the WifiLinx Software is extremely important for maintaining the quality as well as the uniformity of our services throughout the WifiLinx Network. Therefore, you should refrain from Software versions are modified by third-party software providers or software enthusiasts. You are not permitted to use our WifiLinx trademark on hotspots created with the help of third-party software or software versions modified by the third party, and you should never do that.

You shall acknowledge and consent that WifiLinx and its logos, symbols, and graphics are registered trademarks and NowCrowd Inc. DBA WifiLinx holds exclusive property rights over them. You should understand that termination of this contract forfeits your rights to use our trademarks. So, once the agreement is over, you should immediately stop using our logos, symbols and graphics.

You should also acknowledge that our Hardware, WifiLinx Software and services are intellectual property rights of NowCrowd Inc. DBA WifiLinx and adequately protected by the intellectual, industrial and copyright laws. Therefore, you shall acknowledge and consent to respect / abide by our intellectual property rights, irrespective of the termination of this contract.

Changing or Terminating this Agreement

The WifiLinx merchants shall be entitled to terminate this agreement, provided that they sent a prior notice of 15 days to info@nowcrowd.com, conveying their intention to terminate the agreement.

You should acknowledge and consent that NowCrowd Inc. DBA WifiLinx shall hold exclusive rights to terminate the agreement with any user at any time, irrespective of the reasons or violation of these Terms of Service. However, NowCrowd Inc. DBA WifiLinx shall promptly inform the users about the termination of this agreement by sending an email to the email address registered with nowcrowd.com

In both the above-mentioned cases, the termination shall end this agreement. However, NowCrowd Inc. DBA WifiLinx shall refrain from doing anything that reveals the personal information of the users or violates its privacy policy while the users shall respect and abide by the intellectual property rights of NowCrowd Inc. DBA WifiLinx

The users shall acknowledge and consent that NowCrowd Inc. DBA WifiLinx shall hold exclusive rights to change or modify this agreement at any time with or without the consent of its users. You should understand that these changes are necessary might be necessary to accommodate new specifications, characteristics of services, software, hardware in light of changed circumstances. However, NowCrowd Inc. DBA WifiLinx shall serve one month’s notice before enforcing any such changes in its Terms of Service.

Transfer

You should acknowledge and consent that NowCrowd Inc. DBA WifiLinx shall hold exclusive discretion to assign or change the benefits under this agreement. However, it shall take prompt measures to inform you about any such changes.

Limitation of Liability

You should acknowledge and consent that the liability of NowCrowd Inc. DBA WifiLinx, in any case, when applicable under this agreement shall not extend beyond the value of its one month’s service.

NowCrowd Inc. DBA WifiLinx is supposed to, do everything it can, to provide quality services and unmatched user experience, but the users should understand that the speed of data transmission and thus, the quality of service on a WifiLinx Network depends on the connectivity and quality of service provided by their Internet Service Providers (ISP). Therefore, NowCrowd Inc. DBA WifiLinx shall not be held responsible for any loss, damage or inconvenience from persistently disconnecting connections or slow data transmission between WifiLinx merchant and the network computers connected to the hotspot or WifiLinx.

You shall acknowledge and consent that NowCrowd Inc. DBA WifiLinx shall not be held responsible for any explicit, implicit, incidental, consequential, general or specific damages arising from the frustration and inconvenience of the interrupted communications, data loss or reduction in the profits of the customers, irrespective of the prior notice to WifiLinx Inc about these conditions.

Force Majure

If the contracting parties to this agreement are unable to fulfil their contractual obligations due to circumstances that are beyond their reasonable control, Force Majure conditions, or fail to come up with a mutually acceptable solution and resolve the issues within three months, the affected party shall be entitled to terminate this agreement by sending a written notice to the other party.

Entire Agreement

This agreement shall be deemed as the final or conclusive agreement between NowCrowd Inc. DBA WifiLinx and the users of the products and services of the company. The electronic images and digital signatures shall be deemed to represent the original and fully enforceable contract. Therefore, you shouldn’t rely on any information, representations or assumed provisions that are not specifically mentioned in this agreement. If we decide to ignore some provisions of this agreement, or unable to enforce them at present due to any circumstances, it shall not be deemed that we have forfeited our rights under this agreement. When you enter this agreement with NowCrowd Inc. DBA WifiLinx, it shall be deemed that you have attained the legal of entering an agreement. If you are representing your company, it shall be deemed that you are properly authorized to represent your company, and if you are not, consent to be personally responsible for fulfilling the obligations arising out of this agreement.

These Terms of Service define the services and obligations on entering this agreement. You should print this agreement and keep a hard copy of these Terms of Service for future reference. Besides these Terms of Service, you may be required to accept additional Terms of Service for receiving our value-added services. When you register for these individual or value-added services, the additional terms and services for receiving those premium services shall become part of these Terms of Service and the entire agreement shall define the services and obligations, superseding all the previous agreements that you entered to receive services from NowCrowd Inc. DBA WifiLinx

Jurisdiction and Law

You should acknowledge that this agreement shall be interpreted in light of the US laws, and the parties to this agreement shall agree to abide by the non-exclusive jurisdiction of the USA courts.