WIFLY Terms of Service

Q-ware Terms and Conditions of Service - WIFLY Pre-paid Cards

By accessing our services on Q-ware Hotspots, you agree to be bound by these Terms And Conditions of Service (“TOS”) and correspondingly, a valid and enforceable agreement shall be deemed to be made between Q-Ware and You accordingly (the “Agreement”).

Q-ware reserves the right to modify these TOS at any time and will notify users accordingly before the effective change by posting the change on Q-ware’s Website.

Capitalised terms used in these Terms and Conditions of Service (“TOS”) shall have the meanings set out below.

Q-ware: A limited liability company incorporated in Taiwan (Company Number 28472923) with offices at 8F., No.220, Gang-qian Road, Nei-hu, Taipei, Taiwan.
Service: The services provided by Q-ware which facilitates access to the internet via the Hotspots, and by authenticating and charging and providing access for the Skype Credit User.
Website: Each and every one of the elements and contents of the website from which one can access the products and services provided by Q-ware.
Hotspot: The equipment owned, operated and/or controlled by Q-ware which provides access to the internet using Wi-Fi.
Wi-Fi: Wireless Fidelity communications technology.
We and Us refer to Q-ware.
You and Your refer to you, the WIFLY service user.
Parties: Q-ware and You.

When You use the Services – namely by accessing a Hotspot provided by Q-ware - all Your obligations and rights shall be in accordance with these TOS. Q-ware has set up the Service under entrustment and supervision by Taipei City Government. You agree that Q-ware may adjust or vary the Service and all documents related to such obligations and rights at any time, by amending the TOS and announcing such changes on the Website. Q-ware may also choose to notify You accordingly on the Website when there have been any changes or amendments to relevant regulations, public policy or working plans in relation to the Services or anything in connection with the provision of Wi-Fi in general.
The provision of the Services by Q-ware includes but is not limited to the construction of wireless access equipment by Q-ware and its provision of internet access via wireless internet equipment at the Hotspots. The scope and content of the Services shall be in accordance with the description as made available on the Website from time to time. The service provided by Q-ware may be affected depending on numerous factors, including but not limited to the nature of the devices used to access the Hotspot and their distance from the wireless internet equipment. Therefore, Q-ware may modify or adjust the Service from time to time by notifying You accordingly in the Website. Q-ware does not guarantee the quality of indoor communication because indoor wireless over-wave communication may differ from environment to environment and You hereby waive all rights and claims in connection therewith.
You acknowledge and understand that information of the Service displayed or expressed in any advertisements, promotional or marketing material provided by Q-ware is prepared based on the assumption of an optimized situation and environment without any obstacles, impediments, barriers or other factors that may cause degradation of the the wireless signals. The Service may be affected, resulting in unstable status, by interference because of environmental factors or other wireless or radio frequencies, such as a microwave oven, a radiophone, Bluetooth equipment or Wi-Fi base station of access equipment. Q-ware disclaims responsibility for any consequential or incidental damages or losses that may be suffered by You due to technological or environmental factors.
The Service provided by Q-ware is only for the provision of the internet, unless Q-ware indicates that the service is a value added service. You acknowledge and understand that the internet is an open network and each website is maintained and made available by its own website provider (i.e. a third party owner or operator of such website), and as such, Q-ware does not expressly or impliedly guarantee the correctness, completeness, fitness or merchantability of information which You may get, obtain or otherwise download from any website. All rights and obligations in respect of each website that you may access via the Service is set by and made between You and the third party website provider; therefore Q-ware shall not be responsible or liable in any way for the content provided by such third party websites.
You shall be solely responsible for complying with all laws and regulations and the requisite terms of use in relation to the use of the third party websites that You access via the Service. Any infringement of any third party rights or terms of use, or any responsibility or liability attributable to You, shall be borne solely by You and Q-ware disclaims any involvement whatsoever.
You shall be responsible for Your own behavior when using the Service. If any danger to public security, public interests or other customers’ rights and interests is caused by Your behavior, Q-ware may, at its sole discretion upon the demand of the government, cease providing the Service to You without any notice, and Q-ware shall not be liable for any compensation to You or any claim for damages or losses whatsoever.
You should precede the procedure of verifying the cell phone number after subscribing the Service and before using the Service.
You shall properly take care of, guard, keep confidential and not disclose Your account information (i.e the login and password information required for You to access the Service). If any damages or losses results from the embezzlement of Your account information, or any theft, , alteration, loss or disclosure of Your personal data as a result thereof, Q-ware shall not be responsible in any way for any damages, losses or claims that may result accordingly. If any third party makes any claim for losses or damages or exercises any rights against Q-ware due to Your actions, You shall indemnify Q-ware against any such claims, losses or damages accordingly. If You find or suspect that you’re your account information has been stolen or compromised in any way, You must notify Q-ware immediately in order for Q-ware to take suitable measures. Q-ware may disclose to the prosecutor, police or investigator as may be the case, Your personal data or private information as may be required pursuant to any investigation in connection with the foregoing.
All Your personal data which Q-ware gathers or obtains from You in the course of providing the Services shall be held as confidential. Unless as may be expressly permitted by You, or where the situation conforms with the requirements for disclosure as set out in the Personal Data Protection Law, or as otherwise stipulated in these TOS, Q-ware shall not disclose any of your personal data to a third party.
If You agree Q-ware to publish the above-mentioned data, Q-ware could print or set up a list or a database of customers’ personal data. The customer should pay each fee according to the tariff for subscribing the Service. Q-ware has the authority to adjust the rate plan. When the rate plan is adjusted, the customer would be charged by new rate plan from the date of adjusting. Q-ware should announce new tariff on the media or the website and the new tariff would be a part of the agreement from the date of announcement whether Q-ware notify customers in writing or not.
The effective date of subscribing the Service means the date that Q-ware sends an account number to the customer and approves of customers’ using on-line. Q-ware would charge the fee from next day of effective date. The customer should finish the procedure of terminating the Service by filling in an application form and the date of termination will be the end date of nearest cycle of billing.
Q-ware may suspend the Service for a reasonable time as may be required to perform scheduled system maintenance, which Q-ware will use reasonable endeavours to arrange to occur during non-peak hours.. Q-ware will publish the details of such scheduled outage at least 3 days beforehand.
Q-ware has the authority to suspend or terminate Your access to the Service, and further You assume all civil and/or criminal responsibility and liability, if You, in the course of using the Service, do any of the following prohibited actions:

Steal, change or destroy any third party data;
Copy or resell any third party data without the permission of such third party;
Bulk or mass e-mailing unsolicited content to other persons’ e-mail addresses without their permission (i.e. sending spam e-mails) and/or sending any e-mails (whether commercial in nature or not) to other persons’ e-mail addresses which may be in contravention of any anti-spam laws;
Post information irrelevant to the topic on our Website’s forums or which may be offensive, defamatory or inflammatory to other users, or illegal, or contain any obscene descriptions, depictions, images or pictures, or in breach of any third party’s intellectual property rights or their confidential information;
Launch any denial-of-service or distributed denial-of-service attack on any third party website or computer network, or otherwise and on purpose, destroy, damage, overload, obstruct any communication of a third party, or cause a depletion of computer resources relating to, any third party website, e-mail box or network-related equipment;
Spread, disseminate or release any computer virus, Trojan, worm, spyware, or malicious code to the internet or any to website or e-mail address;
Hack into or otherwise obtain or attempt to obtain unauthorized access to any private or password protected portion of any third party website, any third party website user’s private and password protected account relating to any website, or a third party’s email account;
Endanger the communication of or any benefits that are entitled to other customers of Q-ware;
Influence the operation of or otherwise increase the burden on Our system or network;
Do or perform any action that Q-ware at its sole discretion may deem to be against public interests and moral mores or any relevant laws or regulations; or
Influence, coerce, instruct, encourage, aid or abet any person to do any of these prohibited actions.

Q-ware has right to take necessary managerial measures to maintain the quality of its electronic message delivery system (whereby electronic messages include without limitation e-mails, short messages, or other data transmitted through electronic communication facilities); as such Q-ware reserves to right to restrict or prevent You from sending commercial electronic messages or any electronic messages for marketing and advertising purposes in bulk. Our measures and policy in respect of managing such electronic messages shall be announced on the Website, including any changes or variations thereto and You hereby waive all rights and claims in connection therewith.
Above-mentioned electrical message means e-mail, short message or other data transmitted through communication facilities.
Q-ware may change, suspend, adjust or terminate the Service if Q-ware is unable to provide the Service because of any changes that may prevent Us from offering the Service on a commercially reasonable basis, including but not limited to changes in technology, policy or regulation, or maintenance or switch of Our underlying computer systems, equipment and/or network (“System Maintenance”), or other force majeure, and You hereby waive all rights and claims in connection therewith. Except for System Maintenance or other force majeure, where Q-ware shall use reasonable commercial efforts to announce such changes and details thereof on the Website as soon as practicable, Q-ware shall otherwise announce such changes and details thereof on the Website at least 3 months before the date of suspension or termination.
If the suspense or termination of operation of the Service and every value-added service due to Article 15, Q-ware would charge the customer the fees according to Article 10. Prepaid fee by customers would be returned without interest by proportion calculated by non-using period to usable period. The customer could not argue or claim for any indemnification or damages.
Q-ware may amend these TOS at any time at its sole discretion and such amendments will be announced on the Website. If You do not accept the amendment, Your only recourse is to not use and stop using the Service.
This Agreement commences when you accept the TOS and ends when your session ends or your connection to the internet is terminated.
This Agreement is subject to and governed by the laws of Taiwan, R.O.C., and any relevant laws, by-laws or regulations that may be imposed by TWNIC, APNIC and interNIC.
The Parties agree that the Taipei District Court of Taiwan, R.O.C., will exclusively govern any claims or actions arising out of or relating to this Agreement.

Q-ware Terms and Conditions of Service – Skype Credit Users

By accessing our services on Q-ware Hotspots by using your Skype Credit, you agree to be bound by these Terms And Conditions of Service (“TOS”) and correspondingly, a valid and enforceable agreement shall be deemed to be made between Q-Ware and You accordingly (the “Agreement”).

Q-ware reserves the right to modify these TOS at any time and will notify users accordingly before the effective change by posting the change on Q-ware’s Website.

Capitalised terms used in these Terms and Conditions of Service (“TOS”) shall have the meanings set out below.

Q-ware: A limited liability company incorporated in Taiwan (Company Number 28472923) with offices at 8F., No.220, Gang-qian Road, Nei-hu, Taipei, Taiwan.
Skype Credit User: A person who is a registered Skype account holder and has a valid Skype account to obtain access to Q-ware’s equipment for access to the internet.
Service: The services provided by Q-ware which facilitates access to the internet via the Hotspots, and by authenticating and charging and providing access for the Skype Credit User.
Website: Each and every one of the elements and contents of the website from which one can access the products and services provided by Q-ware.
Hotspot: The equipment owned, operated and/or controlled by Q-ware which provides access to the internet using Wi-Fi.
Wi-Fi: Wireless Fidelity communications technology.
We and Us refer to Q-ware.
You and Your refer to you, the Skype Credit User.
Parties: Q-ware and You.

When You use the Services – namely by accessing a Hotspot provided by Q-ware using your Skype Credit - all Your obligations and rights shall be in accordance with these TOS. Q-ware has set up the Service under entrustment and supervision by Taipei City Government. You agree that Q-ware may adjust or vary the Service and all documents related to such obligations and rights at any time, by amending the TOS and announcing such changes on the Website. Q-ware may also choose to notify You accordingly on the Website when there have been any changes or amendments to relevant regulations, public policy or working plans in relation to the Services or anything in connection with the provision of Wi-Fi in general.
The provision of the Services by Q-ware includes but is not limited to the construction of wireless access equipment by Q-ware and its provision of internet access via wireless internet equipment at the Hotspots. The scope and content of the Services shall be in accordance with the description as made available on the Website from time to time. The service provided by Q-ware may be affected depending on numerous factors, including but not limited to the nature of the devices used to access the Hotspot and their distance from the wireless internet equipment. Therefore, Q-ware may modify or adjust the Service from time to time by notifying You accordingly in the Website. Q-ware does not guarantee the quality of indoor communication because indoor wireless over-wave communication may differ from environment to environment and You hereby waive all rights and claims in connection therewith.
You acknowledge and understand that information of the Service displayed or expressed in any advertisements, promotional or marketing material provided by Q-ware is prepared based on the assumption of an optimized situation and environment without any obstacles, impediments, barriers or other factors that may cause degradation of the the wireless signals. The Service may be affected, resulting in unstable status, by interference because of environmental factors or other wireless or radio frequencies, such as a microwave oven, a radiophone, Bluetooth equipment or Wi-Fi base station of access equipment. Q-ware disclaims responsibility for any consequential or incidental damages or losses that may be suffered by You due to technological or environmental factors.
The Service provided by Q-ware is only for the provision of the internet, unless Q-ware indicates that the service is a value added service. You acknowledge and understand that the internet is an open network and each website is maintained and made available by its own website provider (i.e. a third party owner or operator of such website), and as such, Q-ware does not expressly or impliedly guarantee the correctness, completeness, fitness or merchantability of information which You may get, obtain or otherwise download from any website. All rights and obligations in respect of each website that you may access via the Service is set by and made between You and the third party website provider; therefore Q-ware shall not be responsible or liable in any way for the content provided by such third party websites.
You shall be solely responsible for complying with all laws and regulations and the requisite terms of use in relation to the use of the third party websites that You access via the Service. Any infringement of any third party rights or terms of use, or any responsibility or liability attributable to You, shall be borne solely by You and Q-ware disclaims any involvement whatsoever.
You shall be responsible for Your own behavior when using the Service. If any danger to public security, public interests or other customers’ rights and interests is caused by Your behavior, Q-ware may, at its sole discretion upon the demand of the government, cease providing the Service to You without any notice, and Q-ware shall not be liable for any compensation to You or any claim for damages or losses whatsoever.
You shall properly take care of, guard, keep confidential and not disclose Your account information (i.e the login and password information required for You to access the Service). If any damages or losses results from the embezzlement of Your account information, or any theft, , alteration, loss or disclosure of Your personal data as a result thereof, Q-ware shall not be responsible in any way for any damages, losses or claims that may result accordingly. If any third party makes any claim for losses or damages or exercises any rights against Q-ware due to Your actions, You shall indemnify Q-ware against any such claims, losses or damages accordingly. If You find or suspect that you’re your account information has been stolen or compromised in any way, You must notify Q-ware immediately in order for Q-ware to take suitable measures. Q-ware may disclose to the prosecutor, police or investigator as may be the case, Your personal data or private information as may be required pursuant to any investigation in connection with the foregoing.
All Your personal data which Q-ware gathers or obtains from You in the course of providing the Services shall be held as confidential. Unless as may be expressly permitted by You, or where the situation conforms with the requirements for disclosure as set out in the Personal Data Protection Law, or as otherwise stipulated in these TOS, Q-ware shall not disclose any of your personal data to a third party.
Q-ware may suspend the Service for a reasonable time as may be required to perform scheduled system maintenance, which Q-ware will use reasonable endeavours to arrange to occur during non-peak hours.. Q-ware will publish the details of such scheduled outage at least 3 days beforehand.
Q-ware has the authority to suspend or terminate Your access to the Service, and further You assume all civil and/or criminal responsibility and liability, if You, in the course of using the Service, do any of the following prohibited actions:

Steal, change or destroy any third party data;
Copy or resell any third party data without the permission of such third party;
Bulk or mass e-mailing unsolicited content to other persons’ e-mail addresses without their permission (i.e. sending spam e-mails) and/or sending any e-mails (whether commercial in nature or not) to other persons’ e-mail addresses which may be in contravention of any anti-spam laws;
Post information irrelevant to the topic on our Website’s forums or which may be offensive, defamatory or inflammatory to other users, or illegal, or contain any obscene descriptions, depictions, images or pictures, or in breach of any third party’s intellectual property rights or their confidential information;
Launch any denial-of-service or distributed denial-of-service attack on any third party website or computer network, or otherwise and on purpose, destroy, damage, overload, obstruct any communication of a third party, or cause a depletion of computer resources relating to, any third party website, e-mail box or network-related equipment;
Spread, disseminate or release any computer virus, Trojan, worm, spyware, or malicious code to the internet or any to website or e-mail address;
Hack into or otherwise obtain or attempt to obtain unauthorized access to any private or password protected portion of any third party website, any third party website user’s private and password protected account relating to any website, or a third party’s email account;
Endanger the communication of or any benefits that are entitled to other customers of Q-ware;
Influence the operation of or otherwise increase the burden on Our system or network;
Do or perform any action that Q-ware at its sole discretion may deem to be against public interests and moral mores or any relevant laws or regulations; or
Influence, coerce, instruct, encourage, aid or abet any person to do any of these prohibited actions.

Q-ware has right to take necessary managerial measures to maintain the quality of its electronic message delivery system (whereby electronic messages include without limitation e-mails, short messages, or other data transmitted through electronic communication facilities); as such Q-ware reserves to right to restrict or prevent You from sending commercial electronic messages or any electronic messages for marketing and advertising purposes in bulk. Our measures and policy in respect of managing such electronic messages shall be announced on the Website, including any changes or variations thereto and You hereby waive all rights and claims in connection therewith.
Q-ware may change, suspend, adjust or terminate the Service if Q-ware is unable to provide the Service because of any changes that may prevent Us from offering the Service on a commercially reasonable basis, including but not limited to changes in technology, policy or regulation, or maintenance or switch of Our underlying computer systems, equipment and/or network (“System Maintenance”), or other force majeure, and You hereby waive all rights and claims in connection therewith. Except for System Maintenance or other force majeure, where Q-ware shall use reasonable commercial efforts to announce such changes and details thereof on the Website as soon as practicable, Q-ware shall otherwise announce such changes and details thereof on the Website at least 3 months before the date of suspension or termination.
Q-ware may amend these TOS at any time at its sole discretion and such amendments will be announced on the Website. If You do not accept the amendment, Your only recourse is to not use and stop using the Service.
This Agreement commences when you accept the TOS and ends when your session ends or your connection to the internet is terminated.
This Agreement is subject to and governed by the laws of Taiwan, R.O.C., and any relevant laws, by-laws or regulations that may be imposed by TWNIC, APNIC and interNIC.
The Parties agree that the Taipei District Court of Taiwan, R.O.C., will exclusively govern any claims or actions arising out of or relating to this Agreement.

	Customer service hotline 0809-010-008