By signing up for PassCess Travel WI-FI, Passengers and Guests (“Users”) are agreeing to be bound by the following terms and conditions of this agreement (“Agreement”).

This agreement ("Agreement") governs your rights and responsibilities and our rights and responsibilities relating to the use of PassCess Travel WI-FI.

BY REGISTERING TO PASSCESS BASIC SERVICE, YOU REPRESENT that:

1. YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT AND 

2. YOU ARE ONBOARD A PassCess VESSEL ON A SINGLE VOYAGE

If you do not agree to the terms of this Agreement, you may not use PASSCESS. Your electronic acceptance of the Agreement by registering/signing up has the same effect as if you had actually signed the Agreement. This Agreement shall be in effect for the whole duration of the voyage.

Description of PASSCESS Basic Service

PASSCESS Basic service is a web-based service that can be accessed by connecting to the vessel’s satellite Internet service by using/purchasing a Voucher PIN, and can only be used for the duration of the voyage.

PASSCESS provides targeted Internet access enabling passengers to use popular third-party social media and instant messaging applications (i.e., Facebook, Facebook Messaging, Viber, and WhatsApp).

PASSCESS provides access to the Wi-Fi System at locations within the vessel that have been equipped with wireless access points. Access points or enabled l0cations may not be available in all areas of the vessel, and may not always be operational even if available.

Use of the Wi-Fi System is not free. Basic service users need to purchase the Voucher PIN that is only valid for the whole duration of the voyage.

PassCess Fleet Management reserves the right to select the features of the third-party applications allowed for use with PASSCESS. It is understood that Users have already agreed to the end-user license agreements of each third-party application prior to its use.

Information provided by the Users in activating the Voucher Pin are confidential and may not be shared or used by PASSCESS outside its service.

Voucher PIN is the sole responsibility of the Users. PASSCESS is not liable for lost, shared, or stolen Voucher PIN.

PASSCESS does not screen or restrict access to any content placed on or accessible through the Internet. PASSCESS also does not screen or restrict communications between parties via the Internet. You acknowledge and agree that if you access the Internet, you may receive or be exposed to content, goods or services which you may consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that PASSCESS is not liable for any action or inaction with respect to any such content on the Internet accessible through PASSCESS. In addition, PASSCESS is not responsible for any content provided by third parties.

Use of the Wi-Fi system is at your own risk. Information you send over the Internet using the Wi-Fi system may be acquired by third parties. Viruses and other malicious software may be on the Wi-Fi system or on sites that you visit on the Internet and may infect your computer. PASSCESS assumes no responsibility whatsoever for any such information loss or damage4s caused by malicious software or for any other damage or loss to you by reason of your having used the Wi-Fi system.

Your Responsibilities

You must (1) agree with all current terms and conditions, (2) adhere to PASSCESS’s Acceptable Use Policy described below, and (3) provide all equipment (including computer hardware and software, personal digital assistants, smart phones, table computers, wireless network cards, etc.) to connect to PASSCESS, and (4) comply with local and national laws and regulations, including but not limited to copyright and intellectual property rights laws.

You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through PASSCESS and (2) all communications that you send or receive via the PASSCESS.

PASSCESS does not undertake the security of any data you send and it is your responsibility to secure such data. 

Acceptable Use Policy (AUP)

All users of the PASSCESS `must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. PASSCESS does not actively monitor the use of the Wi-Fi system under normal circumstances. Similarly, PASSCESS does not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi system.

The following constitute examples of violations of this AUP. You agree to not use the PASSCESS to: 

(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy;

(2) harm, or attempt to harm, any person in any way; 

(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through PASSCESS Wi-Fi; 

(4) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); 

(5) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 

(6) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other mass form of solicitation; 

(7) transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

(8) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 

(9) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 

(10) intentionally violate any applicable local, state, or federal law, 

(11) "stalk" or otherwise harass another; 

PASSCESS requests that anyone who believes that there is a violation of this AUP direct the information to: support@passcess.com. If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation; (3) evidence of the alleged violation; and (4) your contact details including full name, email address and telephone number. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information. 

Notice of Problems or Complaints

If you experience a problem accessing or using PASSCESS, report the problem by calling the +632 77534143 or emailing support@passcess.com. If PASSCESS determines the service is at fault, PASSCESS will make an effort to provide a timely remedy in a manner consistent with its regular business practices. 

Modifications to Agreement

PASSCESS may, at its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall be binding and effective upon posting on the PASSCESS 'Terms and Conditions' page. If you use PASSCESS after postings of any such modifications, you accept and agree to any and all such modifications. 

Indemnification

You shall indemnify and save PASSCESS /PassCess vessel and its officers, agents and employees from, and, if requested, shall defend and promptly reimburse them for, any all losses, claims, damages, injury, settlements, costs and liabilities of any nature arising out of, based upon, as a result, or in any way connected with your use of PASSCESS or any breach of this Agreement; except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Agreement, and except where such loss, damage, injury, liability or claim is the result of the active negligence or willful misconduct of PassCess vessel and is not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on you.

No Warranty

PASSCESS provides no warranty whatsoever with respect to the use of the Wi-Fi system. This includes no warranty express or implied, and all warranties or merchantability and fitness for a particular purpose are expressly excluded. PASSCESS Wi-Fi shall have liability with respect to their obligations under this agreement for consequential, exemplary, or incidental damages, even if they have been advised of the possibility of such damages. The stated express warranty is in lieu of all liabilities or obligations of PASSCESS for damages arising out of or in connection with the delivery, use, or performance of any of the system.

Entire Agreement, Applicable Law, Forum

This Agreement constitutes the entire agreement between you and PASSCESS with respect to the subject matter hereof. This Agreement shall be construed under the laws of the Philippines and other countries as applicable without giving effect to the principles of conflicts of law thereof.

Effectivity

This Agreement shall be in effect for the whole duration of the voyage.

SMSGlobal’s Wi-Fi Privacy Policy

This website is controlled and maintained by SMSGlobal and shall be governed by this Privacy Policy. This Privacy Policy describes SMSGlobal's Wi-Fi's policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SMSGlobal Ltd, Makati City.

• Country refers to:  Philippines

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Personal Data is any information that relates to an identified or identifiable individual.

• Service refers to the SMSGlobal’s Wi-Fi.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• First name and last name

• Email address

• Phone number

• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service , including to monitor the usage of our Service.

• To manage Your Account : to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract : the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You : To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests : To attend and manage Your requests to Us.

• For business transfers : We may use Your Personal Data to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

• For other purposes : We may use Your Personal Data for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your Personal Data in the following situations:

• With Service Providers : We may share Your Personal Data with Service Providers to monitor and analyze the use of our Service, to contact You.

• For business transfers : We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

• With Affiliates : We may share Your Personal Data with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

• With business partners : We may share Your Personal Data with Our business partners to offer You certain products, services or promotions.

• With other users : when You share Personal Data or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

• With Your consent : We may disclose Your Personal Data for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your Personal Data is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this Personal Data may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such Personal Data represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation

• Protect and defend the rights or property of the Company

• Prevent or investigate possible wrongdoing in connection with the Service

• Protect the personal safety of Users of the Service or the public

• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us by email: support@passcess.com