Terms and Conditions of Use

View Terms and Conditions for Tomizone Account Users

View Terms and Conditions for Tomizone Providers

Tomizone Terms and Conditions of Service - Tomizone Account Users

Thank you for opening a Tomizone Account. By accessing our services through Tomizone and Tomizone Hotspots, you agree to be bound by these terms and conditions for the use of Tomizone services.

Tomizone reserve the right to modify these terms and conditions at any time and will notify users accordingly before the effective change by posting the change on Tomizone's website.

1.0 Definitions

1.1 Provider: Registered Tomizone account holder who operates equipment to provide Tomizone access services via Wi-Fi or cabled access.

1.2 Tomizone Limited: A limited liability company incorporated in New Zealand (Company Number 1816869) with offices at Level 2, 88 Broadway Newmarket, Auckland, New Zealand and the holder of trademarks and associated logo and character devices.

1.3 Tomizone User: A person who is a registered Tomizone account holder and has a valid account to obtain access to the Provider's equipment for access to the internet.

1.4 Services: The services provided by Tomizone and the Provider which facilitates access to the internet by authenticating and charging and providing access for the Tomizone User using a registered account.

1.3 Website (or Site): Each and every one of the elements and contents of the website from which one can access the products and services provided by Tomizone.

1.4 Tomizone Captive Portal (or Portal): Portal used by Tomizone in the Provider's equipment through which a Tomizone User can register and purchase services for access to the internet.

1.5 Tomizone (or Hotspot): The equipment providing access to services and the internet.

1.6 ISP: Internet service provider.

1.7 Wi-Fi: Wireless Fidelity communications technology.

1.8 Tomizone Access Time: Time that is purchased via voucher or credit card by a Tomizone User in order to be able to access Tomizones provided by the Provider.

1.9 We and us refer to Tomizone Limited

1.9 You and your: refer to you, the Tomizone User.

2. Description of Services

2.1 The Services provided by Tomizone Limited consists of facilitating access to the Tomizones by providing information about the location of the different Tomizones; providing the authentication, registration and communications access to a Tomizone; charging for the access to the Tomizone; and sharing revenues with the Provider.

2.2 The Tomizone User can connect to the internet and the Services through any Tomizone when these are available.

2.3 To connect to a Tomizone, you will have to select a Tomizone, and through the Captive Portal, authenticate for internet access using a Tomizone account username and password. You can create an instant Tomizone account either at the Tomizone Website or at a Tomizone.

2.4 Tomizone Limited will charge a Tomizone User for access to the Tomizone services and the internet where applicable at the rate specified in our rate table available on the Tomizone Website. Except where required by law, there are no credits or refunds whatsoever for charges incurred on your Tomizone account.

2.5 Tomizone Limited reserves the right to change, at anytime, the prices, promotions and/or discounts for the Services provided.

3 Data Protection & Acceptable Use

3.1 Tomizone Limited will maintain the confidentiality of all personal data relating to its registered users, even after the termination of this Agreement.

3.2 In order to provide our services, we will need to share your personal data with third parties. You agree and accept that, in order to be able to provide Services, the data you provide to Tomizone Limited can be shared with contractors that are specifically hired by Tomizone Limited to provide services to us within the scope of the Privacy Policy as published on the Tomizone Website.

3.3 You agree to respect the rights based on the interstate (and international) nature of communications through Tomizone, even if this Agreement is terminated. Recognising the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from your home nation, the country in which you reside, or any nation in which you are located when using the services.

4 Terminating or Changing this Agreement

4.1 Either we or you may decide to end this Agreement at any time. If you wish to end this Agreement, you may do so by sending an email to terminate@tomizone.com

4.2 We may terminate this Agreement at any time, for any reason, including but not limited to violation of any of the terms and conditions herein. If we wish to end this Agreement, we will inform you by email at the email address you have registered with Tomizone Limited.

4.3 This Agreement will end immediately upon either parties' termination.

However, we will continue to keep all your personal information confidential.

4.4 We may decide to change this Agreement at any time. We expect that changes will be necessary as new features are added, and as characteristics and specifications are added to the hardware, software and the Service. We shall communicate any change to these terms and conditions one month before any such changes enter into force. If you are unhappy with these changes, or if you feel these changes will affect you in a negative way, you are free to end this Agreement.

5 Transfer

5.1 Tomizone Limited shall be able to transfer or assign its position under this Agreement to any another entity of its group. The transferee shall therefore subrogate in all rights and obligations of Tomizone Limited under this Agreement. You accept any of the said transfers and assignments.

6 Limitation of Liability

6.1 Except as required by law, Tomizone Limited, the Provider, nor any other supplier for the Service warrant the availability, suitability, fitness for purpose or use of the Services and shall not be liable for any loss or damage arising from errors or failures of this access. Without limiting the generality of the foregoing, Tomizone Limited, the Provider and all suppliers for the Services (1) specifically disclaim any warranty regarding the profitability or availability of Services, (2) make no guarantees that the Service will be error free, uninterrupted, secure, virus-free or always available or available with sufficient capacity, (3) make no warranty that the Service will work on every computer or computer system, (4). will have no responsibility for damage or destruction to any computer system, data, information, property or equipment, and (5) will have no responsibility for any third party content, data, information, programs or other material that may be accessed using the services.

WE WILL NOT BE LIABLE TO YOU IN ANY EVENT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE.

7 Severability

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provision omitted.

8. Entire Agreement

This Agreement represents the final and entire agreement between you and us regarding the Service and products. Electronic images of the Agreement will be considered originals. You acknowledge that you have not relied on any other representations not specifically included in this Agreement. If we do not enforce our rights under any of the provisions of the Agreement, we may still require strict compliance in the future. You represent that you are of legal age and have the legal capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorised to enter into this Agreement and agree to be personally liable for all accounts if you are not so authorised.

We suggest that you print out and keep a copy of these terms and conditions for your records. These terms and conditions shall apply to all of the Services. In addition to these terms and conditions there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that service.

These terms and conditions and, where applicable, the relevant additional terms that you accept as part of the registration process for Service form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.

9. Intellectual Property

You acknowledge our ownership of our intellectual property rights in out trade marks, trade names, logos, devices, software and systems and will not dispute ownership of them nor do any act, matter or thing which is inconsistent with or adverse to our rights.

10. Jurisdiction and Law

This Agreement is governed by and is to be construed in accordance with the laws of New Zealand and the parties hereby agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

Tomizone Terms and Conditions of Service - Tomizone Providers

Definitions:

1. The following terms have the stated meaning:

"Hotspot" means a WiFi access area.

"Hotspot Providers" and "Provider" means the provider of the Hotspot.

"Materials" means Tomizone's software, systems and other materials and documents provided by it to enable the operation of the Provider's wireless router into a Hotspot.

"Tomizone Service" means the services provided by Tomizone relating to the Provider's use of the Materials to establish a Hotspot and the charging by Tomizone of end-users to use Hotspots.

"Tomizone Software User License" means the licence as described in Clause 15.

Payments

2. Providers will only be paid out once their account balance has reached a minimum of USD30. Notwithstanding the previous clause, payments to providers are made monthly, within 1 month following the last day of the billing month. For example: revenues credited to the Provider in March will be processed on 30 April. No interest will accumulate on any payments due to the Provider. Providers will receive payment at the bank rate of the transfer. Tomizone does not provide any protection against any currency fluctuations.

3. Tomizone shall be entitled to set off and deduct from any payments due to the Provider, all bank transfer fees, withholding taxes, goods and services taxes, value added taxes and all other fees, taxes and levies that may be incurred or required to be paid in respect to the amounts being paid by Tomizone to the Provider. The Provider acknowledges that it shall reimburse and indemnify Tomizone for any such amounts upon demand made by Tomizone.

Provider's Obligations

4. The Provider acknowledges that it shall be responsible for compliance of all laws and regulations relating to its provision of Hotspots (including any licenses to operate equipment) and for payment all of its own levies and taxes (including its own income tax) on all amounts paid to it by Tomizone and shall indemnify Tomizone for any claim against Tomizone relating thereto.

5. The Provider shall keep and maintain its equipment to a high standard and shall upgrade as necessary, having regard to changes in technology and useage levels of the Provider's Hotspot.

Tomizone's Obligations

6. Tomizone will from time to time promote its service and the areas where it operates and as such reserves the right to publish the listed address of any particular Hotspot

7. Tomizone will have no obligation to correct, repair, or support, and will otherwise have no responsibility for, software, hardware or equipment that it did not supply to the provider under this Agreement.

8. The Provider is responsible for maintaining the security of its account and password. Tomizone cannot and will not be liable for any loss or damage from the Provider's failure to comply with this security obligation.

No Warranties

9. Tomizone cannot and does not make any guarantees or warranties regarding its service to Providers or Hotspot end-users. In particular, it does not make any representation nor give any warranty as to the amount that a Provider may receive from Tomizone or the number or nature of end-users that may use the Provider's Hotspot.

10. Tomizone will not be liable to you as the Provider or any other person/entity as regards any loss or damage caused by or arising from the use and/or interruption and/or unavailability of the service howsoever arising, including by end-users.

11. Tomizone will not be held liable for any loss or damage caused by fraudulent access or illegal activities at a Provider's Hotspot or network of Hotspots.

Limitation of Liability

12. Except as expressly set forth in this agreement, to the maximum extent permitted by the applicable law, all products and services provided by Tomizone are provided on an "as is, as available, and with all faults" basis. Neither party to this agreement (including their respective affiliates) makes any, and each party hereby specifically disclaims any, representations, conditions or warranties, express, statutory or implied, regarding the Materials, service or equipment. Without limiting the generality of the previous clause, Tomizone specifically disclaims any warranty regarding the Materials, service or equipment. Without limiting the generality of the previous clause, Tomizone specifically disclaims any warranty regarding the profitability or availability of services. Tomizone makes no guarantees that the service will be error free, uninterrupted, secure, virus-free or always available or available with sufficient capacity. Tomizone makes no warranty that the system will work on every computer or computer system. Tomizone and its affiliates will have no responsibility for damage or destruction to any computer system, data, information, property or equipment. Tomizone will have no responsibility for any third party content, data, information, programs or other material that may be accessed using the services.

13. Under no circumstances, including, but not limited to, negligence, shall Tomizone be liable for any special or consequential damages that result from the use of, or the inability to use, the Tomizone service, equipment or Materials, even if it or its authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from Tomizone or from or through the website shall create any warranty not expressly stated in the terms of use. In no event shall Tomizone's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any services, equipment, Materials or products.

Intellectual Property

14. The Provider shall have a limited, non-exclusive license during the term of the agreement to use the trade names, trademarks, and service marks of Tomizone as approved by Tomizone strictly for the purpose of advertising an marketing its Hotspots; and Tomizone and its affiliates shall have a royalty-free license to use the trade names, trade marks and service marks of the Provider for which the provider holds all rights necessary for use and to grant use in connection with this agreement. Each party agrees not to act in any manner that could impair or infringe upon the trademark rights of the other party

Tomizone Software User Licence.

15. The Provider acknowledges and agrees to the Tomizone Software User License as follows:

This firmware that Tomizone Limited is providing for your use, is a set of programs developed under the GPL license, and is now distributed for installation in certain Wi-Fi Linksys router models (i.e. WRT54G vers 1 to 4, WRT54GS & WRT54GL) and other approved and tested Wi-Fi Routers.

This firmware is free software. You may redistribute and/or change it according to the terms of the GNU General Public License as published by the Free Software Foundation, in its current version 2.

This firmware is distributed WITHOUT ANY GUARANTEE: neither the implicit COMMERCIAL guarantee or without guaranteeing the CONVENIENCE FOR PRIVATE USE. Please refer to the GNU General Public License for more details.

The Tomizone firmware source code contains various third party software. All TOMIZONE or OpenWrt specific additions are licensed under the terms of the GNU General Public License (version 2). You can find the exact licensing terms of other parts in the unmodified software archives included in our source release in the 'dl' directory.

Term

16. This Agreement shall commence on the date that Provider is accepted by Tomizone as a Hotspot provider and shall continue for an unspecified period. Tomizone has the right to present new terms and conditions to the Provider at any time, with reasonable notice, as the service offering changes. Tomizone may terminate this Agreement at any time without cause or reason and the Provider shall not have any claim against Tomizone for such terminaton. On termination for any reason, the Provider shall immediately cease to use Tomizone's Materials, trade names, trademarks, and service marks.

Jurisdiction

17. The Provider agrees that all matters relating to this Agreement shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of laws.