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Terms of Use

Last updated: 18 December 2019

This Wi-Fi service is operated (on behalf of venue/bus operator) by Y5ZONE Malaysia Sdn Bhd (966265-P), ("Y5ZONE," "we," or "us").

This page explains the terms by which you may use our online and/or mobile services, web sites, and software provided on or in connection with the service (collectively the "Service").
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement") and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement (including the policies and procedures referenced herein). If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account and immediately discontinuing use of the Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "you" and "your" will refer and apply to that company or other legal entity.


Y5ZONE Service
Please note: Due to security restrictions, email applications will not connect while on our guest wi-fi service. Please access your emails from your email provider’s webmail page instead.

To use the Wi-Fi Service:
(1) connect to the wi-fi hotspot with your wireless enabled device, and
(2) register for an account if/when prompted (optional step at the request of the by provider)
(3) read and accept the terms and conditions.

When your session expires you will automatically be logged out of the Wi-Fi Service, and will need to start a new session to regain access.


Service Rules
In connection with your use of our Service, you may not and you agree that you will not:

(1) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
(2) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(3) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(4) "stalk" or harass any other User of our Service;
(5) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(6) use automated scripts to collect information or otherwise interact with the Service;
(7) use, display, mirror or frame the Service, or any individual element within the Service, Y5ZONE's name, any Y5ZONE trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Y5ZONE's express written consent;
(8) access, tamper with, or use non-public areas of the Service, Y5ZONE's computer systems, or the technical delivery systems of Y5ZONE's providers;
(9) attempt to probe, scan, or test the vulnerability of any Y5ZONE system or network or breach any security or authentication measures;
(10) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Y5ZONE or any of Y5ZONE's providers or any other third party (including another User) to protect the Service or any content thereon;
(11) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service.

Y5ZONE has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Y5ZONE may involve and cooperate with law enforcement authorities in prosecuting Users who violate this Agreement.


Reliability
Y5ZONE will take reasonable action to provide reliable, secure and stable access to the guest wi-fi, but does not guarantee that the Wi-Fi Service will be continuous, fault-free, secure or accessible at all times.

Y5ZONE advises that this service is not suitable for supporting any application or use which requires continuous, fault-free network connectivity or uninterrupted data traffic flow.

Y5ZONE will not be liable if access to the Wi-Fi Service becomes unstable, unsecured, slow or unavailable for any reason whatsoever.

If you are in the process of downloading a file and lose connection to the Wi-Fi Service, your partially downloaded file will be lost. We encourage you to save your work regularly while using the Wi-Fi Service, and take precautions to prevent loss of information.

Y5ZONE will take reasonable steps to monitor and attend to any faults, malfunctions or other problems associated with the Wi-Fi Service, but will not be liable if such faults, malfunctions or problems occur, and shall not be obligated to rectify any such faults within any specified timeframes.


Account Registration
In order to access certain features of the Service, and to create or manage a Wi-Fi Hotspot Service, you must register to create an account ("Y5ZONE Account").

You may register to join directly via the Service. You can also register to join by logging into your account with certain third-party social networking sites (for example, Facebook). By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may not have more than one (1) active Y5ZONE Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Y5ZONE reserves the right to suspend or terminate your Y5ZONE Account and your access to the Service for any reason or no reason. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Y5ZONE Account, whether or not you have authorized such activities or actions. You will immediately notify Y5ZONE, via support@y5zone.my, of any unauthorized use of your Y5ZONE Account.


User obligations & limitations
The Wi-Fi Service is intended to be used in an appropriate manner. Y5ZONE may, at its discretion, block or limit access to certain websites that you may seek to access while using the Wi-Fi Service.

This includes but is not limited to websites and/or services that:
(1) could interfere with the integrity and/or performance of the guest wi-fi or the Commission’s other networks or equipment
(2) contain any viruses, malware or other computer programming routines that may damage, modify, delete, detrimentally interfere with, or access without authority any Commission system, data or personal information
(3) provide access to, create, store, distribute or display offensive, pornographic or illegal text, graphics, audio or video
(4) are used for online gambling
(5) are used to harass or attempt to harass other people
(6) are offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual
(7) promote conduct that is abusive, threatening, obscene, defamatory or libellous, or
(8) further or promote any criminal activity or enterprise, or provide instructional information about illegal activities, including but not limited to:
(9) making or buying illegal weapons
(10) violating someone’s privacy, or
(11) creating computer viruses or malware.

Y5ZONE will take reasonable steps to make sure access through this Wi-Fi Service connection is secure, however we cannot guarantee the security of the Wi-Fi Service at all times.

You are solely responsible for any information or data uploaded, downloaded or otherwise communicated using Y5ZONE Wi-Fi Service, and are responsible for keeping all user names, passwords and other security-based information secure and private at all times.

Y5ZONE will not be liable for any kind of loss or damage incurred as a result of use of the freely provided Wi-Fi Service.

Y5ZONE strongly recommends you install a personal antivirus and firewall on your wireless enabled device to block unwanted traffic and potentially malicious files.


Termination and Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time:
(a) terminate this Agreement or your access to our Service, and
(b) deactivate or cancel your Y5ZONE Account.

You may cancel your Y5ZONE Account at any time by sending an email to support@y5zone.net.au.
Please note that if your Y5ZONE Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Service.


Indemnification
You agree to release, defend, indemnify, and hold Y5ZONE, Y5ZONE, and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with and :-

(a) your access to or use of the Service
(b) your User Content


Entire Agreement
This Agreement, the Y5ZONE Privacy Policy, as well as any policies or procedures referenced herein, constitute the entire and exclusive understanding and agreement between Y5ZONE and you regarding the Service, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Y5ZONE and you with respect to the Service.


Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by Y5ZONE
(i) via email (in each case to the address that you provide) or
(ii) by conspicuous posting to the Service.

For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.


Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Malaysia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of Malaysia, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.


General
The failure of Y5ZONE to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Y5ZONE. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.


Contacting Y5ZONE
If you have any questions about this Agreement or the Service, please contact Y5ZONE at legal@y5zone.net.my.