WYSMART PROVIDES WIFI SERVICES TO LOCAL BUSINESSES. IMPORTANT! READ THE FOLLOWING TERMS OF SERVICE (“TERMS OF SERVICE”) BEFORE USING THIS WIRELESS WI-FI SERVICE (“SERVICE”) OFFERED BY WYSMART DIGITAL (“PROVIDER”) ON BEHALF OF THE PROPRIETORS OF THE LOCATION WHICH YOU ARE PATRONIZING AND ACCESSING THE SERVICE.
BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE SERVICE.
This Service is provided at no charge but is conditioned upon your acceptance without modification of these Terms of Service. The Service is provided solely for you to make legitimate use of the internet while patronizing this location and you acknowledge and agree to receive advertisements and promotions while doing so.
Registration and Passwords
To access the Services, you may be asked to complete an online registration form or authenticate via a Social Media account. In consideration for your access to, and ability, to use the Services, you agree to provide true, current, complete and accurate information as requested. As part of the registration process, you may be asked to provide an email address, or to login in using your username and password to Social Media sites, for authentication. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on the Services under your email, password or username. You alone are responsible for the security of your password. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages).
Code of Conduct
As a condition of your continued access to and use of this Service, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations, the other conditions of these Terms of Service, and any other rules which may be published from time to time by us. In addition, without limiting the foregoing, you agree not to:
- upload, post, e-mail or otherwise transmit any material using the Services that:
- is known by you to be false, inaccurate, or misleading;
- infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party;
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically, pornographic or otherwise objectionable;
- you were compensated or granted any consideration by any third party to upload, post, e-mail or transmit unless otherwise authorized by us in writing; or
- contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program;
- send any unsolicited commercial electronic messages;
- harvest or otherwise collect or store communications send through the Service or any information (including personally identifiable information) about other users of the Service;
- for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
- attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means;
- interfere with, disrupt or create undue burden on the Services;
- exceed any applicable bandwidth caps or limitations; or
- use, download or otherwise copy, or provide to any person or entity any user directory or other user or usage information or any portion thereof.
From time to time we may offer and/or co‑sponsor contests or other promotions through the Service. Each of these activities shall be governed by specific rules accessible when the contest or promotion is offered or when you submit your entry.
Links & Advertisements
We may offer links to websites which are owned and operated by third parties, as well as advertisements for products and services that are offered by us or third parties. We provide these links and advertisements as a convenience to our visitors. We do not review the content of such third-party content, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third parties.
You assume full responsibility for your use of third-party websites. Such websites are governed by terms and conditions different from those applicable to this Service, and we encourage you to review the terms and privacy policies of those third parties before using their websites.
Disclaimer / Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THESE SERVICES ARE BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WySMart Digital DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WySMart Digital DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL WySMart Digital BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF WySMart Digital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless WySMart Digital, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any material you (or anyone acting under your email, password or username) upload, post, e-mail or otherwise transmit through the Services, and/or (b) your (or anyone acting under your email, password or username) use of the Services, connection thereto, or any alleged violation by you of these Terms of Service, including the Code of Conduct set out above.
Changes & Termination
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We may block information, transmissions or access to certain information, services, products or domains or prioritize, restrict, or set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the Service for certain applications to protect the Service, the public or other users. Therefore, messages and other content may be deleted before delivery.
Further, we reserve the right to change these Terms of Service at any time and to notify you by providing you with an updated version of the Terms of Service when you log-in. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Services after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Service constituting consideration from WySMart Digital to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Service, or (2) any policy or practice of ours in operating the Services, is to stop using the Services.
All posted marks are a trademark of WySMart Digital. Other marks, graphics, typefaces, trade dress, trademarks and logos are property of WySMart Digital or of their respective owners. Our trademarks, trade dress and other intellectual property may not be used in any manner for any purpose without our express written consent.
Unless the applicable laws of your jurisdiction expressly require that the laws of such jurisdiction govern, these Terms of Service are governed by and construed in accordance with the laws of Tennessee applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Nashville, TN.
Notices to you may be made via email or regular mail or, in cases of changes to these Terms of Service by posting notices or links to such notice when you log-in to the Services. If you have any questions or comments regarding these Terms of Service, please contact us at WySMart Digital.
Information We Collect and How We Use It
The term “personal information” means information about an identifiable individual, including name, address, email address, phone number and other information relating to an individual.
We may collect personal information when you:
- Connect to the Internet using the Services;
- Sign up to receive newsletters and other promotional communications; or
- Contact us with a comment, question or complaint.
Wi-Fi Service: In order to use the Services, you must be at least 13 years of age. You may be asked to register by connecting your social media profile from one of the following 3rd party websites: Facebook, Twitter, LinkedIn, or other social media networks. If you do so, we will collect your name, email address, city, gender and other information disclosed to you at the time you connect through the social media networks. Alternatively, you may also be asked to register by providing your name, email address, city, gender, country, year of birth, and phone number. Your registration information is used to provide you access to and otherwise administer the Service, including the provision of tailored advertisements and other offers from us or our marketing partners while you are connected to the Service. We may collect log information about how and when you use our Service, such as your MAC address, social activity, location of device, advertising performance, and coupon redemptions.
Newsletters, Text Messages and Promotional Materials: When you register to use the Service, you may also sign up to receive our email newsletter, SMS text messages and other communications. When you subscribe to our newsletter, SMS text messages or other communications, we will use your email address or phone number to send you information about our product and service offerings or those of our marketing partners. You may remove yourself from our newsletter list by clicking the “unsubscribe” link that appears at the bottom of each of our e-mails. If you have signed up to receive SMS text messages, you may unsubscribe by following the opt-out instructions provided in your SMS messages.
Contests, Sweepstakes and Promotions: When you enter a contest, sweepstakes or participate in a promotion, we may collect your name, address, phone number, email address, location, and other information you provide. We use this information to administer your participation in the contest, sweepstakes or promotion. At the time you enter the contest, sweepstakes or promotion, we may obtain your consent to send you future promotional communications. If a contest, sweepstakes or promotion is jointly sponsored by us and one or more sponsors, your personal information may be shared with such sponsors, as specified at the time of collection of your personal information. We do not control the use, disclosure or security of your personal information by other sponsors, and recommend you review their respective privacy notices or statements.
Surveys and Customer Research: From time to time, we may offer you the opportunity to participate in one of our surveys or other customer research. We use this information to help us understand our customers and to enhance our product and service offerings and promotions.
Contact Us: When you send email or other communications to us, we may use and retain those communications in order to process your inquiries, respond to your requests and improve the Services.
Disclosure of Personal Information
We will not disclose, trade, rent, sell or otherwise transfer your personal information, without your consent, except as otherwise set out herein.
Sale of Business: We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of WySMart Digital or as part of a corporate reorganization or stock sale or other change in corporate control. Legal: We, our affiliates and our Canadian, US and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable Canadian, US or other law. We may also disclose personal information where necessary for the establishment, exercise or defense of legal claims, as part of the administration of our loss prevention program, or as otherwise permitted by law.
When you access the Services, our servers automatically log certain information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, MAC address, location (such as GPS signals sent by a mobile device) or information that can be used to approximate your location (such as a cell ID), browser type, browser language, connection history, and the date and time of your request.
We may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our content and services.
We have implemented reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. Unfortunately, no collection or transmission of information over the Internet or other publicly accessible communications networks can be guaranteed to be 100% secure, and therefore, we cannot ensure or warrant the security of any such information.
We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Accessing and Updating Personal Information
You have the right to access, update, and delete your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and deletion of your personal information by emailing or writing to us at the contact information set out below, or by vising our My Profile Opt-Out and Data Deletion Tool. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records. We will not charge any costs for you to access your personal information in our records or to access our privacy practices.
Retention of Information
We may keep a record of your personal information, correspondence or comments, in a file specific to you. We will utilize, disclose or retain your personal information for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law.
Last modified: January, 2020