This is a free hotspot wireless internet service (the “Service”) provided by Sunway for public use subject to Sunway WiFi Terms and Conditions as contained herein (“these Terms and Conditions”). All users of the Service are required to log-in individually as an independent user.

1.1

These Terms and Conditions governing the use of the Service. Please read the terms carefully before activating the Service with us.

1.2

By using and/or activating the Service with us and/or clicking the “Connect” or “Register” button on the login/registration page, you agree to be bound by these Terms and Conditions.

1.3

We may modify these Terms and Conditions at any time. In accordance with clause 1.2, use of the Service constitutes acceptance of the agreement current at that point in time.

1.4

These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Sunway for products, services or otherwise. These Terms and Conditions contains disclaimers and other provisions that limit our liability to you.

2.1

You are responsible for your own hardware and other equipment that used to access and use the Service (a ‘‘Unit’’). We recommend an 802.11b or above-compatible computer, computer card, and/or device to access the Service. You are responsible for ensuring the compatibility of your Unit with the Service. The availability and performance of the Service is subject to all memory, storage and other Unit limitations.

2.2

Service is available to your Unit only when it is within the range of our Wireless LAN.

2.3

The Service is provided on an “as is” basis. We do not warrant that the Service is fault free or fit for any particular purpose, or that our system is secure. You shall use the Service with appropriate security measures at your own cost and expense. You shall assume all responsibility and risk for use of the Service.

2.4

We 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, collocation failures or due to an emergency. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service.

2.5

We reserve the rights to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself) or probing the security of other networks.

2.6

Network speed is no indication of the speed at which your Unit connected to the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and you accept that delays or omissions may occur.

2.7

We do not warrant that any particular virtual private network will be compatible with the Service.

2.8

We will not supply any software to you in connection with the Service. If you use software packages, applications or configurations then you accept the risk of any failure of the Service resulting from the use of such software packages, applications or configurations.

3.1

The Service is made available provided:

3.2

You agree not to resell or re-broadcast any aspect of the Service, whether for profit or otherwise. You accept that your entitlement to use the Service is for your personal use only and that you shall not be entitled to transfer your 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 or other entitlement supplied to you in connection with the Service.

3.3

You also agree 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 our business, reputation, employees, subscribers, facilities, third parties or to the public generally.

3.4

You have no proprietary or ownership rights to any username or password or to a specific IP address assigned to you or your Unit. We may change such addresses at any time or deactivate or suspend Service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the services.

4.1

Sunway does not control, nor is it in any way liable for, data or content that you access or receive via the Service. The Internet contains unedited materials, some of which may be sexually explicit or offensive to you. Whereas Sunway use efforts to restrict such content Sunway has no control over and accepts no responsibility for such materials.

4.2

Sunway 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. You are responsible for evaluating such content.

4.3

It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. Sunway will not be a party to nor in any way be responsible for any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Service.

4.4

Sunway does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Service.

4.5

If you choose to use the Service to access web sites or content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and Sunway has no responsibility for their policies, or third parties’ compliance with them.

4.6

Sunway is providing this Service to customers free of charge, and is intended to support general web browsing activities.

5.1

To ensure the provision of a quality of Service to all our customers and to ensure that the behavior of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply.

5.2

Fair Usage Policy (“FUP”) sets out an acceptable level of conduct between the Sunway and its registered Subscribers using the free Wi-Fi services provided by the Sunway. Sunway believes that all free Wi-Fi user should be responsible in their usage and how it affects other users.

5.3

Whilst connection is "always on" for each user, the available bandwidth is shared by all Subscribers active at a particular point in time. A small portion (about 5-10%) of Subscribers use a very large portion (about 70-80%) of bandwidth based on the Service Provider data and that from other Internet service providers.

5.4

To overcome this biasness, this Policy is in place to ensure all free Wi-Fi user have a good experience.

5.5

Sunway may, from time to time, change this Policy without further notice to its Subscribers.

6.1

The registration process requests that you provide a username and a password which must be used in order to access the Service. As stated in sections 3.2 and 3.3 your username and password are personal to you and are not transferable. You must treat your username and password as confidential and you must not disclose such detail to a third party. All information provided to us by you during the registration process shall be true and accurate and will be relied upon by us for the provision of the Service.

6.2

You are solely responsible for all use of and for protecting the confidentiality of your username and password. You are responsible for all activities that occur under your registration. Any breach of security of a username and password should be notified to us at [email protected] immediately. We have the right to disable your username and/or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions or violated any of the laws, rules and regulations, guidelines, policy or orders which is relevant to the Services.

7.1

We are under no obligation to monitor the services, but we may do so from time to time and we may disclose information regarding your use of the Services for any reason and at our sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner, or to otherwise protect us and users (including you) of the Services.

7.2

Personal data submitted by you in the registration process and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy.

8.1

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. You assume all responsibility and risk for use of the Service. Sunway does not authorize anyone to make a warranty of any kind on our behalf and you should not rely on any such statement. Neither we nor our officers, directors, employees, managers, agents, dealers, suppliers, parents, subsidiaries or affiliates warrant that the information, products, processes, and/or services available through the Service will be uninterrupted, always available, accurate, complete, useful, functional or error free.

9.1

Even if Sunway has been advised of the possibility of damages, we will not be liable to you 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 the 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.

10.1

Whether in court, small claims court, or arbitration, you and us may only bring claims against each other in an individual capacity and not as a class representative or a class member in a class or representative action.

11.1

We may stop or cancel your access to the Service immediately if You breach of any of these Terms and Conditions.

12.1

You agree to indemnify us against any claims, demands, actions liabilities, costs or damages that we sustained or suffered arising out of your use of the Service including any material that you access or make available using the Service, or breach of or violation of these Terms and Conditions, including but not limited to use of the Service by you (or permitted by you) involving offensive or illegal material or activities or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of you as contained in these Terms and Conditions .You furthermore agree to pay our reasonable legal fees and experts’ costs arising out from any actions or claims hereunder.

12.2

You agree to protect your username and password. You are responsible for any usage of your account. If you become aware of any unauthorized or fraudulent usage of the Service via your account, you should notify us at [email protected] immediately.

12.3

You may not transfer or try to transfer any of your rights and responsibilities under these Terms and Conditions without our consent. We may transfer our rights and responsibilities to any third party without your permission.

12.4

The laws applicable to the interpretation of these Terms and Conditions shall be the laws of Malaysia without reference to its conflict of law provisions.

12.5

These Terms and Conditions shall not confer any benefit on a third party. These Terms and Conditions, Fair Use Policy and the Privacy Policy contain the entire agreement and understanding concerning the Service. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

12.6

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 these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

12.7

We reserve the right to amend these terms and conditions at any time.