Thane Municipal Corporation has awarded the work for ‘Providing WiFi Internet Services for Citizens & Installation of CCTV cameras with connectivity for Digital Surveillance in Thane City along with Design, Operation and Maintenance of the above on Public Private Partnership Basis to M/s Intech Online Pvt Ltd., a company registered under companies act 1956 , having registered office at F3, Eternity Shopping Complex, Theen Hath Naka, Thane (West), 400604, vide their work order noTMC/DyCE/E/292 dated 17.12.2016.

Whereas, M/s Intech Online Pvt Ltd is in possession of “Unified

License of ISP Authorization” by Department of Telecommunication, Government of India, under category “B” for “Mumbai and Maharashtra” area to provide Internet Services. The license no. 821- 67/2013-DS is effective from date 21-05-2014.

Under the scope of this PP Partnership project the internet services shall be provided over delicensed WiFi Band to the citizens of Thane SMART City on the streets within the limits of Thane Samrt City and the Internet Services will be governed by the Terms and Conditions set forth ahead:

By virtue of “Accepting the Terms and Conditions of Services”, the user/s bind themselves to the terms and conditions set forth ahead.

‘Thane Municipal Corporation’ hereinafter referred to as ‘TMC’ ‘Thane Smart City Limited’ a special purpose company established by TMC to transform the existing Thane City into Thane Smart City hereinafter referred to as ‘TSCL’

‘Intech Online Pvt Ltd’ hereinafter referred to as ‘Service Provider’ ‘Subscriber’ of services hereinafter referred to as ‘User’

‘Internet Services over delicensed Wifi Band Devices’ hereinafter referred to as ‘Services’

Service Terms & Conditions:

1. General Terms

1. Provisioning of Internet Services over WiFi Band devices to the user by the ‘Service Provider’ shall be under prevalent guidelines set by Department of Telecommunication, Government of India, which are in force on the date of this agreement with all its amendments and modifications applicable on the day, date and time of delivery of service . This includes:

1. Registration of User on the TMC portal for availing Internet Services over WiFi Band devices by making online payment of Rs.100(Hundred)/- as one time registration charge and by providing necessary e-KYC documentation and necessary taxes thereon.
2. Delivery of the free Internet services at data speed limited to 800 Kbps (max) over WiFi Band devices on the streets of Thane Smart City, as per the stipulated plan.
3. Delivery of the Paid Internet Services at speed above 800 Kbps over WiFi Band devices on the streets of Thane Smart City, as per the stipulated plan and on the pre payment of the usage charges as per the Internet Service Plan option pre selected by the user.
4. Assignment of Internet Protocol (IP) address for accessing the internet. The IP address provided by the Service Provider shall only be used for the purpose it has been provisioned and any misuse/ fraudulent use of the same will make the User liable for Penal action as per Governing Laws of India/Maharashtra/Thane. The misuse of such offered services will be the sole liability of the user at all times.

2. Use of Service - The Subscriber shall use the Service in accordance with the TMC’s  Acceptable Use  Terms & Conditions for Internet Services (" AUTIS"). The AUTIS shall mean the current version of the TMC’s Acceptable Use Terms & Conditions for Internet Services provided on the Internet Services Portal of TMC (and may be changed by TMC from time to time)

3. Subscriber / Customer Premise Service Equipment ("CPE")

1. Subscribers will use their own CPE/ mobile phones/ laptop/ other mobile devices of any make for these services which are equipped with delicensed WiFi Band transceivers having carrier frequencies, channels, RF Transmit Power, Antenna gain, Receiver sensitivity and communication protocols approved and recommended for usage by DoT, Government of India.
2. Functioning of these devices at any given time shall be the sole responsibility of the user and TMC / Service Provider shall have no responsibility of any kind and type whatsoever at any time of their usage.
3. TMC / Service Provider shall not remain responsible for the interconnectivity with any particular operating platforms of the User’s device/s and also for any specific or all the applications available in the market at any given time of use.

4. One time User Registration –
   1. The process for registration :
      1. Log onto the TMC portal for Services and click on New User Registration.
      2. All the mandatory information required for registration shall be provided by the User.
      3. A Payment of Rs 100(Hundred)/- + applicable taxes per device shall be deposited (online basis only) by the User for its registration.
      4. On receipt of all the valid information about user and after online deposition of the one time registration fee, User shall be provided with User Name and Password for the use of Internet Services.
      5. On receipt of User Name and Password over registered mobile phone User can start using the Internet Services.
      6. After first time logging as registered user it is expected from the user to change the given password by Service Provider by a password of his own choice.
      7. Each User can register 4 nos. additional devices (Total 5 Devices) which are belonging  to him/her for using Internet Services on them individually and simultaneously.
      8. User will have to pay additional registration fee of Rs.100 (Hundred)/- + applicable taxes for each additional device to be registered.
      9. This registration fee is a onetime charge and will hold valid for the period of services               Offered, however, will be governed by ‘AUTIS’, under which if the user is found in contravention of, the registration of the user for all the devices shall be terminated/canceled. Under such situation user will not get any refund of any fees/charges whatsoever.
      10. Each User will have different Username & Password for each registered device and User will be responsible for all actions over all devices. If User is found misusing the provided services, and if username is denied access, the same will reflect on all devices. Simultaneous login from different registered devices will be allowed.

Important - The User is registering with ‘Thane City Free WiFi ‘ service to avail Internet Service over WiFi Band transceivers/ enabled devices of his/her own by getting connected to the WiFi signals made available on the Streets within Thane City Limits and uses it with the clear understanding that he/she is to use these services in a lawful and peaceful manner causing no harm to the network as well as any service provided on the network. Any

charges due for the service are in prepaid form only. The Service is available to user only when he/she is in the range of the WiFi Network devices installed as part of ‘Thane City Free WiFi’ network on the Streets within Thane City Limits. In case User cannot get connect to the ‘Thane City Free WiFi’ network, there is no possibility of use of service and TMC/ Service provider shall not remain responsible for the same.

5. Exit Terms & Conditions:
   •  In case User chooses to discontinue after signing up for the services, the charges paid towards registration or package charges if paid, will not be refunded to the user under any circumstances.

2. Agreement

1. This agreement between User and TMC/Service Provider is effective from when request for Service/ registration is accepted. It is implied and accepted that the user has read the terms carefully before activating Service.
2. By using and/or activating this Service and clicking the accept button on the login/registration page User agrees to be bound by this agreement in its entirety and form.
3. The agreement can be modified at any time by TMC/ Service Provider. Use of the Service constitutes acceptance of the agreement current at that point in time.
4. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with TMC / Service Provider for products, services or otherwise. This agreement contains disclaimers and other provisions that limit our liability to you.

3. Scope of Service

The Services are as per TMC directions for Provision of Internet Services over WiFi network established in partnership with TMC by Service Provider as per TMC Guidelines. The services are free upto 800kbps data speed and for data speed above 800 kbps, various High packages are made available for paid use. All Packages are in online pre paid format only.

1. Delivery of Services- the TMC/Service Provider shall provide the Services to the User as per the terms and condition listed below. The User undertakes to accept the same in accordance with terms of this Agreement.

2. The TMC/Service Provider shall use all reasonable efforts to commence delivery of the Service after registration process is completed. This service is only available if the user can get connected to the WiFi devices installed by Service Provider in the City. The Service is on best effort basis. TMC/Service Provider does not warrant that the Service is fault free or fit for any particular purpose, or that its system is secure. User assumes all responsibility and risk for use of the Service.
3. TMC/Service Provider will always try to make the Service available, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, co- location failures or due to an emergency. TMC/Service Provider shall not remain responsible for data, messages or pages that may be lost or that become misdirected because of interruptions or performance issues with the Service. The TMC/Service Provider reserves the right to vary, modify the Service at its sole discretion for technical, business or any other reasons.
4. TMC/Service Provider reserves the right to immediately and without notice, suspend User access to the Service if it is suspected that User is transmitting a virus, malware, malicious code(or any other manipulating program capable of modifying other programs and replicating itself) Or any antinational or unlawful inputs.
5. Network speed is no indication of the speed at which User Wifi enabled device connected to the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression, network congestion and the distance or position of User Wifi enabled device from the nearest network access point. The accuracy and timeliness of data sent or received is not guaranteed and User accepts that delays or omissions may occur.
6. Service Provider cannot guarantee that any particular virtual private network will be compatible with our Service.
7. The Service Provider may at any time, substitute or change the configuration or routing of its Service Equipment used to provide the Services
8. Provision of the Service to the User shall be subject to the terms of the Unified License and the Agreement or any other special terms and conditions of a Provisioning Entity including TMC and Govt Of India/ Maharashtra.

4. Use of Service by User

1. If user has any third party software packages, applications or configurations then user accepts the risk of any failure of the Service resulting from the use of such software packages, applications or configurations.
2. The Service is made available provided:
   1. User will not use the Service for anything unlawful, immoral or improper;
   2. User will not use the Service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy, or which is otherwise objectionable;
   3. User will not use the Service to harm or attempt to harm minors in any way;
   4. User will not act nor knowingly permit others to act in such a way that the operation of the Service or Service systems will be jeopardized or impaired;
   5. User will not use abusive or threatening behavior towards other users of the Service, members of TMC’s/Service Provider’s staff or any person in the vicinity of a Wireless Network;
   6. User will not use the Service to access or use content in a way that infringes the rights of others;
   7. The Service is used in accordance with any third party policies for acceptable use or any relevant internet standards (where applicable).
   8. User agrees not to resell or re-broadcast any aspect of the Service, whether for profit or otherwise. User accepts that his/her entitlement to use the Service is for his/her personal use only and that he/she shall not be entitled to transfer his/her entitlement to use the Service to any other person or allow any other person to make use of the Service or of any username or password.
   9. User also agrees not to modify the Unit or use the Service for any fraudulent purpose, or in such a way as to create damage or risk to TMC/ Service Provider business, reputation, employees, subscribers, facilities, third parties or to the public generally.

10. User has no proprietary or ownership rights to any username or password or to a specific IP address for specific registered device,
11. It is understood that User Wifi enabled device is also responsible  for  the  speed  and  accuracy  of  the  Internet Service.
12. It is understood that the Quality of Service(QoS) also depends on the power and sensitivity of transmitter and receiver of User Wifi enabled device and as per the prevalent DoT guide lines.

3. Service Provider does not recommend in particular the use of any websites (or other internet related services) (“Internet Services”) and User’s use of Internet Services is Carried out entirely at it’s own risk.

4. Service Provider has no responsibility for, or control over, the content accessed by User over our wireless network or the internet and does not guarantee that anything over the internet or resources accessed over our wireless network is error free or virus free.

5. Service Provider will have no responsibility for, or control over, the information User transmits or receive and store via TMC’s / Service provider’s Service.

6. TMC / Service Provider does not guarantee the availability of Internet  resources  that  are  blocked  in  India  or  are  asked  to  be blocked by relevant Govt authorities from time to time;

7. Whilst TMC / Service Provider will take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service, It does not guarantee the security of the information which User may transmit or receive using the User accepts his responsibility to protect its information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of its information and data.

8. We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.

1. User must not use the Service to access Internet Services, or send or receive e-mails or content, which are:

a) are defamatory, threatening, intimidatory or which could be classed as harassment;

b) contain obscene, profane or abusive language or material;

c) contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);

d) contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;

e) contain material which infringe third party’s rights (including intellectual property rights);

f) in our reasonable opinion may adversely affect the manner in which we carry out our business; or

g) are otherwise unlawful or inappropriate;

h) Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e- mail or otherwise use such content unless certain that the owner of such works has made it officially or has authorised its use by you on paid or free basis.

TMC / Service Provider may terminate or temporarily suspend the Service if it is reasonably observed/ realised/ suspected that User is in breach of any provisions of this agreement.

5. Criminal Activity

1. User must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in India or in any state throughout the world.

2. User agrees and acknowledges that Service Provider may be required to provide assistance and information to law enforcement, governmental agencies and other authorities in relation to Usage of Services.

3. User agrees and acknowledge that we may keep a log of the Internet  Protocol  (“IP”)  addresses,  Media  Access  Control  (MAC) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address and MAC Address.

6. Content disclaimer

1. Service Provider does not control, nor is it in any way liable for, data or content that User accesses or receive via the Service. The Internet  contains  unedited  materials,  some  of  which  may  be sexually explicit or offensive.
2. Service Provider is not a publisher of third-party content that can be accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.
3. It is Users responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. TMC/Service Provider will not be a party to nor in any way be responsible for any transaction concerning third party goods and services. User is responsible for all consents, royalties and fees related to third party vendors whose sites, products or services are accessed, bought or used via the Service. Similarly, Service Provider will not be responsible for the way any User provided data to Third party is used by them.
4. Service Provider does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Service.
5. In the provision of Free Internet services, Service Provider is intended to support general web browsing activities anddue to limited bandwidth and to ensure a consistent experience for all customers, user experience may not be comparable with the experience of having service over paid high-bandwidth for actions such as streaming music, streaming video or downloading/uploading large files in free services. .
6. Thane City Free WiFi Internet portal will have advertisements and promotions of third parties. These product/services are not provided by TMC/Service Provider and hence indemnifies from all the risks/after effects/legalities if any arises at any given time. The Users legal relationship in respect of those products, services and that information shall be with such third party supplier to whom the product belongs to.

7. Fair Usage

• To ensure the provision of a quality of Service to all our customers and to ensure that the behaviour of some does not disadvantage the majority of our customers, User agrees to abide by any fair use policy which TMC/ Service Provider may apply.

8. Privacy Terms & Conditions

• Personal data submitted by User in the registration process and certain other  information  about  User  is  subject  to  TMC’s/Service  Provider’s Privacy Terms & Conditions.

1. Security

1. The username and password provided as part of the service are personal, confidential to User and are not transferable. User must not disclose such detail to a third party. Any such unlawful use of password and username, will be User’s responsibility. All information provided by User during the registration process shall be presumed true and accurate and will be relied upon for the provision of the Service.

10. Disclaimer of Warranties

• The service is provided on an As Is basis and without warranties of any kind, either express or implied – including but not limited to warranties of title, merchantability, non infringement or fitness for a particular purpose which are expressly disclaimed.

11. Limitation of Liability

EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY  DAMAGES  ARISING  FROM  USE  OF  THE  SERVICE,  INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL   DAMAGES,   LOSS   OF   PRIVACY   OR   SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY   TO   USE   THE   SERVICE,   THE   CONTENT   OF   ANY   DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING   FROM   ANY   GOODS   OR   SERVICES   PURCHASED   OR MESSAGES  OR  DATA  RECEIVED  OR  TRANSACTIONS  ENTERED  INTO THROUGH THE SERVICE.

12. Class Action Waiver

Whether in court, User and TMC/Service Provider may only bring claims against each other in individual capacity and not as a class representative or a class member in a class or representative action.

13. Jurisdiction

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions

This agreement is governed by the laws of India, and is subject to the non-exclusive jurisdiction of the courts in Thane City of the State of Maharashtra, India.

      N)Termination

TMC / Service Provider can terminate this agreement and services immediately if User break any important condition of this agreement without assigning any reasons of whatsoever nature.

15. Intellectual Property Rights

1. The TMC/Service Provider confirms that all corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively the "Company Marks") in respect of the Service and Service Equipment are and shall always remain the exclusive property of the TMC/Service Provider and nothing in this Agreement shall grant the User the license to use, reproduce, or commercially exploit such Company Marks for any purpose. The TMC/Service Provider confirms that all other intellectual property rights such as copyrights, patents or designs whether registered or not, that exist in any software, hardware or firmware provided along with Service or Service Equipment and all proprietary information, trade secrets and know how (collectively the "Company IPR") in respect of the Service, and Service Equipment are the exclusive property of or are provided to User under valid licenses by Service Provider and/or its Affiliates(s) under the Applicable Laws. The User vide the Agreement is granted a non transferable/ non assignable exclusive license to use such IPR that may exist in the Services and Service Equipment, provided that such permissive use shall in no way be deemed to construe or operate as a transfer or assignment of any right, title or interest, in any of the said IPR.

2. The User undertakes not to copy, reproduce, modify, decompile or reverse engineer any software, hardware or firmware in the Service Equipment in any manner whatsoever.

3. User further undertakes not to directly or indirectly reproduce, distribute, publish, copy, download or otherwise exploit any third party content which is protected by copyright or similar rights unless User owns or controls the relevant rights thereto or have obtained all the requisite licenses and approvals from the third party. For the purpose of this clause "third party content" means and includes all information, software, any other material and media provided by any independent third party that can be accessed by User through or by virtue of the Service and /or Service Equipment.
4. The User agrees to indemnify, defend and hold harmless TMC/ Service Provider from all third party actions whether civil or criminal that may arise as a result of breach of undertaking and /or infringement or violation of third party intellectual property rights by User or its users which may give rise to third party claims for damages, penalties and such other pecuniary liabilities.

5. The User acknowledges its obligation to immediately bring to Service Provider‟s notice any improper, wrongful or illegal use of the Service Provider Marks or Service Provider IPR, which it becomes aware of or which are brought to its notice.

18. Force Majeure

Neither Party will be liable for any delay or failure in performance under the Agreement resulting from acts beyond the control of such Party, including without limitation acts of God, acts or regulations of any Authorities or international authority, war or national emergency, whether declared or undeclared, terrorism, accident, fire, lightning, equipment failure, computer software malfunction or design defect, electrical grid/ power failure, telecommunication line or submarine cable failure, acts or omissions of other telecommunications providers, riots, strikes, lock-outs, industrial disputes (whether or not involving a Party‟s employees) or epidemics of infectious diseases ("Force Majeure Event").

19. Notices

The address for service of all notices in relation to any disputes shall be as under;

a). In case of notices to TMC:

The Dy City Engineer Electrical, Thane Municipal Corporation, 3rd Floor, Mahapalika Bhavan, Sar Sainani General Arun Kumar Vaidya Marg, Chandanwadi, Pachpakhadi, Thane -400602.

Email id:dceelect@thanecity.gov.in

b)Service Provider

WiFi Services, Intech Online Pvt Ltd, F3, Eternity Cooperative Society Premises, Teen Haath Naka, Thane West

c)In case of notices to the User, the same shall be sent to the Users Registration Address as stated in the Registration form

Any notice required or permitted to be given in writing hereunder will be in English/Marathi, and sent via email, facsimile, courier; hand delivery or certified/registered mail, to the Parties at the addresses set out above.

Notice sent in accordance with this clause will be deemed effective: (a) the day after transmission, if sent by email, (b) when electronic confirmation is received, if sent by facsimile; (c) the acknowledged delivery date, if sent by courier, (d) when received, if hand delivered; or (e) five (5) days after being sent, if sent via certified or registered mail.

       T. User Complaints & Consumer Service –

In case of any problems with the services, User can call up the Complaint centre at numbers already published on website and portal.

Complaint Center, immediately on receipt of complaint or a Service request from a consumer, register such complaint or service request and allots a docket number. Complaint centre shall attempt to redress complaints and service requests in accordance with the time frame as specified.

The customer can write to Service Provider at info@tmcfreewifi.com for redressal of any grievances.

Where a consumer is not satisfied with the Redressal of his complaint by the Complaint Center, or his complaints remains unaddressed or