Terms of Use | Tomizone

Terms and Conditions for Lightswitch Connect

By accessing the Services through the [SSID Name], You agree to be bound by these terms and conditions for the use of the Services (Agreement).

1. Definitions

1.1 Provider: Is an independent and unrelated party to Tomizone. The Provider provides and/or manages the Location.

1.2 Tomizone: Tomizone Limited, a limited liability company incorporated in Australia (ABN 99 000 094 995) and its subsidiaries, with offices at Level 24, 52 Martin Place, Sydney, NSW 2000, Australia.

1.3 User: A person who obtains access to the Services in accordance with this Agreement.

1.4 Services: The services provided by granting You access to the internet at the Location via authentication upon Your acceptance of these terms and conditions.

1.5 Website (or Site): Each and every one of the elements and contents of the Tomizone website from which You can access the Services.

1.6 Captive Portal (or Portal): Portal used by Tomizone and the Provider through which a User accepts the terms and conditions of use and uses the Services.

1.7 [SSID Name]: The SSID on which the Services at the Location may be accessed.

1.8 ISP: Internet service provider.

1.9 WiFi: Wireless Fidelity communications technology.

1.10 Location: Is the location at which You can access the Tomizone Services, from time to time.

1.11 Third Parties: Are third parties engaged by Tomizone from time to time to assist with the delivery of the Services to the User. For the avoidance of doubt, a Provider is not a Third Party.

1.12 You and Your: is a User.

2. Description of Services

2.1 The Services provided consists of facilitating access to the Services by providing the authentication, accounting, authorisation and communications access to the Service.

2.2 The User can connect to the Services by joining the [SSID Name] where available and passing the authentication process which may include answering survey questions, viewing advertisements and marketing offers, and accepting the Terms and Conditions.

2.3 Tomizone reserves the right to change, at any time, the Terms and Conditions for the Services provided.

3. Data Protection

3.1 Tomizone and the Provider will maintain the confidentiality of personal data relating to You during and after the termination of this Agreement.

3.2 In order to provide the Service to You, Tomizone and the Provider will need to share Your personal data with Third Parties. You agree and accept that the data You provide to Tomizone and the Provider can be shared with Third Parties, and where you have consented to receiving messages from [SSID Name] and its partners, that we can communicate with you. Tomizone and the Provider warrants that it will comply with (i) applicable privacy legislation; and (ii) the Tomizone privacy policy as published on the Tomizone website at: https://www.tomizone.com/privacy.html. If You have any questions regarding the Tomizone privacy policy, please contact Tomizone by email at support@tomizone.com.

3.3 In no event will Tomizone or the Provider be liable to you, nor will you have any claim against Tomizone or the Provider, for any breach by the Provider or any Third Party of its privacy obligations under this Agreement.

4. Terminating or Changing this Agreement

4.1 Either Tomizone or the Provider or You may decide to terminate this Agreement at any time.

(a) If You wish to terminate these terms and conditions, You must turn off the WiFi radio of the device you are using, or disconnect from the [SSID Name] SSID, to terminate access to the Services; or

(b) If Tomizone or the Provider terminates these terms and conditions, by terminating your access to the Services.

4.2 Upon termination, You will no longer have access to the Services at the Location.

4.3 Tomizone may change this Agreement at any time. Tomizone expects that changes will be necessary to meet changing market conditions, or as new features to the Services are added, and as characteristics and specifications are added to the hardware, software and the Service.

5. Transfer

5.1 Tomizone 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 under these terms and conditions. You accept any of the said transfers and assignments.

6. Limitation of Liability

6.1 Except as required by law, neither Tomizone nor the Provider (a) warrant the availability, suitability, fitness for purpose of the Services or Location; or (b) will be liable to You for any loss or damage arising from errors or failures of access to the Service or Location as sustained by You. Without limiting the generality of the foregoing, Tomizone and the Provider: (c) specifically disclaim any warranty regarding the availability of the Services and Location; (d) make no guarantees that the Service and access to the Service at the Location will be error free, uninterrupted, secure, virus-free or always available or available with sufficient capacity; (e) make no warranty that the Service will work at the Location and on every computer, computer system or WiFi capable device used by You; (f) will have no responsibility for damage or destruction to any computer system, WiFi capable device, data, information, property or equipment; and (g) will have no responsibility for any third party content, data, information, programs or other material that You access whilst using the Service at the Location.

6.2 Tomizone and the Provider 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 in relation to your use of the service.

6.3 You represent and warrant that: (a) You are of legal age and have the legal capacity to enter into this Agreement; (b) If You are contracting on behalf of a company, You are authorised to enter into these terms and conditions and agree to be personally liable for all accounts if You are not so authorised.

7 Conditions of Use

7.1 You will not access any internet sites or material or distribute material over the internet which are illegal or otherwise prohibited by law when using the Service at the Location. You will notify Tomizone immediately if You become aware of such a breach by You at the Location when using the Service.

7.2 You agree to respect the rights based on the interstate (and international) nature of communications through the Services, even if this Agreement is terminated. Recognising the global nature of the internet, You agree to comply with all local rules, laws and regulations regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable rules, regulations and 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 at the Location.

7.3 You shall have a limited, royalty-free, non-exclusive license during the term of the agreement to use Tomizone’s software to access and use the Services.

8. 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 these terms and conditions had been executed with the invalid, illegal or unenforceable provision omitted.

9. Entire Agreement

This Agreement represents the final and entire agreement between You and Tomizone regarding the Service. Electronic images of this Agreement will be considered originals. You acknowledge that You have not relied on any other representations not specifically included in this Agreement. If Tomizone does not enforce its rights under any of the provisions of these terms and conditions, Tomizone may still require strict compliance in the future. Tomizone suggests that You copy and keep a copy of this Agreement for Your records. This Agreement shall apply to all of the Services. In addition to this Agreement, there may be additional terms and conditions which apply to individual Services which You will be required to accept when registering for that particular Service.

This Agreement 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 Tomizone concerning Your use of the Service, and supersede all previous agreements relating to the Service.

10. Intellectual Property

You acknowledge Tomizone’s ownership of its intellectual property rights in the Tomizone 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.

11 Jurisdiction and Law

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

Terms and Conditions for Lightswitch Users and Providers

Tomizone Hotspot Users

Thank you for using the Tomizone Hotspot at the Location. By accessing the Services through Tomizone Hotspots, You agree to be bound by these terms and conditions for the use of the Services (Agreement).

1.0 Definitions

1.1 Provider: Is an independent and unrelated party to Tomizone. The Provider provides and/or manages the Location.

1.2 Tomizone: Tomizone New Zealand Limited, a limited liability company incorporated in New Zealand (Company Number 1816869) with offices at Level 2, 5 Nelson Street, Auckland 1010, New Zealand.

1.3 Tomizone User: A person who obtains access to the Services in accordance with this Agreement.

1.4 Services: The services provided by Tomizone granting You access to the internet at the Location via authentication upon Your acceptance of these terms and conditions.

1.3 Website (or Site): Each and every one of the elements and contents of the Tomizone website from which You can access the Services.

1.4 Captive Portal (or Portal): Portal used by Tomizone through which a Tomizone User accepts the terms and conditions of use and uses the Services.

1.5 Tomizone Hotspot or Hotspot: The area in which the Services at the Location may be accessed.

1.6 ISP: Internet service provider.

1.7 WiFi: Wireless Fidelity communications technology.

1.9 Location: Is the location at which You can access the Tomizone Services, from time to time.

1.10 Third Parties: Are third parties engaged by Tomizone from time to time to assist with the delivery of the Services to the Tomizone User. For the avoidance of doubt, a Provider is not a Third Party.

1.11 You and Your: is a Tomizone User.

2. Description of Services

2.1 The Services provided by Tomizone consists of facilitating access to the Services by providing the authentication, accounting, authorisation and communications access to the Service.

2.2 The Tomizone User can connect to the Services via a Tomizone Hotspot as and when available and subject to any rate plan rules which may apply.

2.3 To connect to a Tomizone Hotspot at the Location, You will have to select the Tomizone Hotspot, and through the Captive Portal, authenticate for the Services by accepting these terms and conditions. Authentication may also require You entering specified credentials such as a roaming account username and password, or a Tomizone account username and password. You can create an instant Tomizone Account either at the Tomizone Website or on the Captive Portal. If a Tomizone Account is inactive for 365 days, any monetary balance in the account will be debited to a zero balance and the account may be closed.

2.4 Where the Services are not provided free, Tomizone may charge a Tomizone User for access to the Services where applicable at the rate specified on the welcome page of the Captive Portal.

2.5 Except where required by law, there are no credits or refunds whatsoever for charges incurred for any free or paid use of the Services.

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

3. Data Protection

3.1 Tomizone will maintain the confidentiality of all personal data relating to You during and after the termination of this Agreement.

3.2 In order to provide the Service to You, Tomizone will need to share Your personal data with Third Parties. You agree and accept that the data You provide to Tomizone can be shared with Third Parties. Tomizone warrants that it will comply with (i) all applicable privacy legislation; and (ii) the Tomizone privacy policy as published on the Tomizone Website at https://www.tomizone.com/legal/privacy_policy. If You have any questions regarding the Tomizone privacy policy, please contact Tomizone by email at feedback@tomizone.com, or by mail to Tomizone, PO Box 3276, Auckland 1140, New Zealand.

3.3 In no event will the Provider be liable to you, nor will you have any claim against the Provider, for any breach by Tomizone or any Third Party of its privacy obligations under this Agreement.

4 Terminating or Changing this Agreement

4.1 Either Tomizone or You may decide to terminate this Agreement at any time. If:

(a) You wish to terminate these terms and conditions, You must turn off the WiFi radio of the device you are using to terminate access to the Services; or

(b) Tomizone terminates these terms and conditions, by terminating your access to the Services.

4.2 Upon termination, You will no longer have access to the Services at the Location.

4.3 Tomizone may change this Agreement at any time. Tomizone expects that changes will be necessary to meet changing market conditions, or as new features to the Services are added, and as characteristics and specifications are added to the hardware, software and the Service.

5. Transfer

5.1 Tomizone 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 under these terms and conditions. You accept any of the said transfers and assignments.

6. Limitation of Liability

6.1 Except as required by law, neither Tomizone nor the Provider (a) warrant the availability, suitability, fitness for purpose of the Services or Location; or (b) will be liable to You for any loss or damage arising from errors or failures of access to the Service or Location as sustained by You. Without limiting the generality of the foregoing, Tomizone and the Provider: (c) specifically disclaim any warranty regarding the profitability or availability of the Services and Location; (d) make no guarantees that the Service and access to the Service at the Location will be error free, uninterrupted, secure, virus-free or always available or available with sufficient capacity; (e) make no warranty that the Service will work at the Location and on every computer or computer system used by You; (f) will have no responsibility for damage or destruction to any computer system, data, information, property or equipment; and (g) will have no responsibility for any third party content, data, information, programs or other material that You access whilst using the Service at the Location.

6.2 TOMIZONE AND THE PROVIDER 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 IN RELATION TO YOUR USE OF THE SERVICE.

6.3 You represent and warrant that: (a) You are of legal age and have the legal capacity to enter into this Agreement; (b) If You are contracting on behalf of a company, You are authorised to enter into these terms and conditions and agree to be personally liable for all accounts if You are not so authorised.

7 Conditions of Use

7.1 You will not access any internet sites or material or distribute material over the internet which are illegal or otherwise prohibited by law when using the Service at the Location. You will notify Tomizone immediately if You become aware of such a breach by You at the Location when using the Service.

7.2 You agree to respect the rights based on the interstate (and international) nature of communications through the Services, even if this Agreement is terminated. Recognising the global nature of the internet, You agree to comply with all local rules, laws and regulations regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable rules, regulations and 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 at the Location.

7.3 You shall have a limited, royalty-free, non-exclusive license during the term of the agreement to use Tomizone’s proprietary software known as Tomizone LightSwitch, which is a set of programs developed exclusively by Tomizone and owned by Tomizone.

8 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 these terms and conditions had been executed with the invalid, illegal or unenforceable provision omitted.

9. Entire Agreement

This Agreement represents the final and entire agreement between You and Tomizone regarding the Service. Electronic images of this Agreement will be considered originals. You acknowledge that You have not relied on any other representations not specifically included in this Agreement If Tomizone does not enforce its rights under any of the provisions of these terms and conditions, Tomizone may still require strict compliance in the future. Tomizone suggests that You print and keep a copy of this Agreement for Your records. This Agreement shall apply to all of the Services. In addition to this Agreement, there may be additional terms and conditions which apply to individual Services which You will be required to accept when registering for that particular Service.

This Agreement 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 Tomizone concerning Your use of the Service, and supersede all previous agreements relating to the Service.

10. Intellectual Property

You acknowledge Tomizone’s ownership of its intellectual property rights in the Tomizone 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.

11. 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 Providers

Definitions:

1. The following terms have the stated meaning:

1.1 Provider: Is an independent and unrelated party to Tomizone. The Provider provides and/or manages the Location.

1.2 Tomizone: Tomizone Licensing Limited, a limited liability company incorporated in New Zealand (Company Number 2314649) with offices at Level 13, 1 Queen St, Auckland, New Zealand and the holder of trademarks and associated logo and character devices.

1.3 Tomizone User: A person who obtains access to the Services in accordance with this Agreement.

1.4 Services: The services provided by Tomizone granting Tomizone Users access to the internet at the Location via authentication upon the acceptance of these terms and conditions.

1.3 Website (or Site): Each and every one of the elements and contents of the Tomizone website from which Tomizone Users can access the Services.

1.4 Captive Portal (or Portal): Portal used by Tomizone through which a Tomizone User accepts the terms and conditions of use and uses the Services.

1.5 Tomizone Hotspot or Hotspot: The area in which the Services at the Location may be accessed.

1.6 ISP: Internet service provider.

1.7 WiFi: Wireless Fidelity communications technology.

1.9 Location: Is the location at which Tomizone Users can access the Services, from time to time.

1.10 Third Parties: Are third parties engaged by Tomizone from time to time to assist with the delivery of the Services to the Tomizone User. For the avoidance of doubt, a Provider is not a Third Party.

1.11 Materials: Means Tomizone’s software, systems and other materials and documents provided by it to enable the operation of the Hotspot.

1.12 Tomizone Software User License: Means the licence as described in Clause 16.

Provider’s Obligations

2. The Provider shall provide the Location for the Tomizone Hotspot in order for Tomizone to provide the Services to the Tomizone User. The commercial terms and conditions of this may be separately agreed by a written agreement.

3. 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 of all 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.

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

Tomizone’s Obligations
5. 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

6. 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.

7. 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.

Payments

8. Providers will only be paid out once their account balance has reached a minimum threshold balance which is outlined in your Tomizone Account (usually around US$30). Notwithstanding the previous clause, payments to Providers are made monthly, within 1 month after the month that the Provider makes an online Pay Me request through their Tomizone Account. If the Tomizone Account is inactive for 365 days, any monetary balance in the account will be debited to a zero balance and the account may be closed. 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 or reimbursement against any currency fluctuations.

9. 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.

10. 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 of 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. The Provider further acknowledges that it shall not broadcast any offensive material which may include (but not limited to) images, name identifiers such as the broadcast SSID or any other material that may cause offense to the wider community. In the event that Tomizone becomes aware that the Provider is in such breach, Tomizone may terminate the Provider’s service without notice.

No Warranties

11. 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.

12. 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.

13. 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

14. 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.

15. 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

16. 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 and marketing its Hotspots; and Tomizone and its affiliates shall have a royalty-free license to use the trade names, trademarks 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 and Firmware User Licences

17. The Provider acknowledges and agrees to the Tomizone License terms as follows:

17.1 The Provider shall have a limited, royalty-free, non-exclusive license during the term of the agreement to use Tomizone’s proprietary software known as Tomizone LightSwitch, which is a set of programs developed exclusively by Tomizone and owned by Tomizone.

17.2 The Provider shall have a limited, royalty-free, non-exclusive license during the term of the agreement to use the firmware in the WiFi Router equipment which supplies the Services in the Hotspot. Tomizone firmware is proprietary firmware developed exclusively by Tomizone and owned by Tomizone, with the exception of firmware developed under the GPL license for installation in Linksys router models WRT54G vers 1 to 4, WRT54GS and WRT54GL.

17.3 The firmware developed under GPL licence is free software and 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. This firmware source code contains various third party software. All 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

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

Jurisdiction

19. The Provider agrees that all matters relating to 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.