Agreed Terms
1.
INTERPRETATION
1.1 The
definitions and rules of interpretation in this clause apply in these terms and
conditions.
Company: BE-CONNECTED P.C., of 14, Veranzerou Street, 166 77 Athens, Greece, with General
Commercial Registry Number TBA, being the provider of the Service.
Contract: includes, in order of
precedence, these terms and conditions, the Terms of Use, the Service Schedule,
and the Order Form.
Customer: the party specified on the Order
Form.
End-User: an individual who accesses the
internet via the Service provided to the Customer.
Equipment: the router and other equipment
required to receive the Services.
HotSpots:
each physical location of the radio access points offering the Service.
Minimum Period: there is no
minimum period from the Operational Service Date.
Operational Service Date: the date
set out in the Order Form.
Operator: the owner of the location you
are situated.
Order Form: the order
form to be completed by the Customer before the Service commences.
Personal Data: has the
meaning set out in Law 2472/1997 and any other applicable greek and Europeaan Union laws
as in force today (the “Law”).
Privacy Policy: Oxygen WiFi's privacy policy set out in Schedule 4.
Service: access to the internet via the
Oxygen WiFi service and Customer analytics service as
set out in the Service Schedule.
Service Level Agreement: the service
level agreement set out in Schedule 2.
Oxygen WiFi: The
software that allows connection to the wifi through facebook
Service Schedule: Schedule 1
to these terms and conditions setting out the wireless access service displayed.
Terms of Use: Schedule 3
to these terms and conditions governing the use of the Service by End-Users.
WiFi:
the wireless fidelity technology based on the IEEE 802.11 standards, which
allows WiFi-enabled devices to connect to the
internet when within range of a WiFi Network.
WiFi Network: a network consisting of one or
more HotSpots that enable connection to the internet.
1.2 Clause
and schedule headings do not affect the interpretation of this agreement.
1.3 A person includes a natural person,
corporate or unincorporated body (whether or not having separate legal
personality) and that person's personal representatives, successors or
permitted assigns.
1.4 Unless
the context otherwise requires, words in the singular include the plural and in
the plural include the singular.
1.5 Unless
the context otherwise requires, a reference to one gender shall include a
reference to the other genders.
1.6 A
reference to a statute, statutory provision or subordinate legislation is a
reference to it as it is in force from time to time, taking account of any
amendment or re- enactment and includes any statute, statutory provision or
subordinate legislation which it amends or re-enacts.
1.7 A
reference to writing or written includes faxes but not e-mail.
1.8 Documents
in agreed form are documents in the
form agreed by the parties and initialled by or on
behalf of them for identification.
1.9 References
to clauses and schedules are to the clauses and schedules of this agreement.
1.10 Any
phrase introduced by the terms including,
include, in particular or any similar expression shall be construed as
illustrative and shall not limit the sense of the words preceding those terms.
2 COMMENCEMENT AND DURATION OF THE
CONTRACT
The Contract will commence on the Operational Service
Date and shall be in force for the Minimum Period and thereafter unless it is
terminated by the Customer or the Company in accordance with these terms and
conditions.
3.
THE PROVISION OF THE SERVICE
3.1 The
Company shall provide the Service to the Customer in accordance with the
Service Level Agreement.
3.2 The
service enables the End-Users to register with and join the Oxygen WiFi service either via their chosen social media account or
through the Oxygen Wifi log-in pages.
3.3 The
Customer shall procure that each End-User shall treat any information which
forms part of the Company or Oxygen WiFi's security
procedures as confidential (Security Information) and that they shall not
disclose it to any third party. The Customer shall be liable for any loss or
damage arising out of the disclosure of any Security Information by any
End-User.
3.4 The
Company has the right to disable access to the Services provided to the
Customer or an End-User at any time if, in the Company's opinion, the Customer
or any End- User fail to comply with any of the provisions of these terms and
conditions and/or the Terms of Use.
3.5 From time
to time the Company may:
a. (for
operational reasons), change access codes, usernames, passwords or other
security information necessary to access the Service or change the technical
specification of the Service.
b. issue
instructions to the Customer and/or individual End-Users, which the Company believes
are necessary for reasons of health, safety, security or the quality of any
telecommunications service provided by the Company to the Customer or any other
customer. The Customer shall procure that the End-User complies with any such
instructions that the Company issues to the Customer or the End-User.
c. temporarily suspend the Service because of an emergency or for
operational maintenance or improvements or for the purpose of ensuring network
or information security. In such cases, the Company shall aim to restore the
Service as soon as reasonably practical and the Company shall aim to give the
Customer as much notice as possible of any emergency or scheduled suspension of
the Service.
3.6 The
Company does not guarantee that products or services or any websites accessible
via the Service are error or virus free, and dealings that the Customer or any
End-User may have with promotions, services or merchants via the Service are
solely between the Customer and/or the individual End-User and the person with
whom they are dealing.
3.7 The
Company does not warrant or guarantee the performance of the internet or that
the transmission of information over the internet will be secure or that the
internet will be accessible at all times or at the speeds indicated by the
Company or the Customer.
3.8 Data from
End-User WiFi enabled devices will be offloaded via
the Oxygen Wifi system onto the WiFi
network or internet connection. Sufficient bandwidth is required to provide a
positive user experience.
3.9 As part
of the Service the access page contains a certain amount of advertising space. The
Company has the right to use this advertising space or allow selected third
parties to use it. Any advertisement placed in this space will not contain
inappropriate or illegal content and will not directly compete with the
business of Customer. The Customer has no right under this agreement to access
this advertising space or influence the content of advertisements.
4.
CONNECTION OF EQUIPMENT TO THE
SERVICE
4.1 The
Customer shall ensure, and shall procure that any End-User shall ensure, that
any equipment used by the End-User to connect to or use the Service is
connected and used in accordance with any instructions, safety and security
procedures applicable to the use of that equipment and/or the standards that the
Company has notified to the Customer.
4.2 You may
use the Operator’s free Wi-Fi by logging-in on Facebook, allowing access to our
Facebook App and “like” the
Operator’s Facebook page. The user name and password that you use to access
Facebook will also enable the access to the Operator’s free Wi-Fi.
5. ACCESS TO HOTSPOTS
5.1 The
Company provides the Service by enabling End Users to access HotSpots provided by third party networks. The Company does
not guarantee that End-Users can access the internet or that End-Users can
continue to access the internet via any particular third party network at any
time.
5.2 Because the
Company does not control HotSpots provided by third
party networks, the Company cannot guarantee that End Users will be able to
access the Service via any of the HotSpots or
guarantee that the Service will continue to be available from a specific HotSpot.
5.3 If End-Users
have any problems using the Service at a particular HotSpot,
they should contact the staff at the location where the HotSpot
is situated. Staff at such locations are not employed
by the Company, therefore the Company shall not be liable to End Users for any
information they provide to End-Users.
6.
USE OF THE SERVICE
6.1 End-Users
may access the Service in accordance with the Terms of Use. It is the
Customer's responsibility to obtain and keep in force any licence
necessary for End-Users to use the Service in any country in which it is
provided. The Customer shall use reasonable endeavours
to procure that when using the Service, End-Users shall comply with the Terms
of Use.
6.2 Access to
the Service is provided to the Customer for End Users' use only. The Customer
may not re-sell the Service to any third party for money or money’s worth.
6.3 The
Customer warrants that it will comply with clause 6.2 and the Customer shall
indemnify the Company for any breach of that warranty.
6.4 The
Customer shall not do, and shall not permit any End-User to do, anything that
is likely to adversely interfere with the provision of the Services.
6.5 Ôhe Company has
the right to suspend the Service and terminate the Contract immediately in the
event of a breach by the Customer of any of the provisions of these terms and
conditions, the Company’s or Oxygen WiFi's Terms of
Use including without limitation:
a. if in the Company’s reasonable opinion the Customer is involved in
fraudulent or unauthorised use of the Service;
b. if the Customer resells access to the Service in breach of clause
6.2 above; or
c. if the Customer or any End-User uses the Service in contravention
of the Terms of Use.
7.
CHARGES AND PAYMENT
There is no charge to the Customer for the Service
provided under this agreement.
8.
TERM AND TERMINATION
8.1 Either
party may terminate the Contract or the Service provided under it on with
immediate effect
8.2 Without
prejudice to any rights that have accrued under the Contract or any of its rights
or remedies, either party may terminate this agreement without liability to the
other immediately (or following such notice period as it sees fit) by giving
notice to the other party if:
a. the other
party commits, or in the case of termination by the Company, if any End-User
commits, a material breach of the Contract, and (if this breach is remediable),
fails to remedy that breach within a period of 14 days after being notified to
do so;
b. the other
party repeatedly breaches any of the terms of the Contract in a manner that
reasonably justifies the opinion that its conduct is inconsistent with it
having the intention or ability to give effect to the terms of this agreement;
c. there is a change of control of the other party.
9.
SUSPENSION OF SERVICE
The Company may terminate or temporarily suspend the
Service if, under any of the provisions of these terms and conditions, the End
User of the service has used the Service:
a. in
a way that is likely to adversely interfere with Oxygen WiFi's
ability to provide the Service to the Customer or any third party;
b. in violation of the Oxygen WiFi's Terms of Use.
10.
INTELLECTUAL PROPERTY RIGHTS
10.1 Where the
Company provides to the Customer software which enables End-Users to use the
Service, the Company grants to the Customer a non-exclusive, non-transferable licence to allow End-Users to use that software solely for
that purpose. The Customer agrees that it shall not, and shall procure that no
End-Users shall, without the Company’s prior written consent, copy, decompile
or modify the software, nor copy any manuals or documentation (except as
permitted by law). The Customer shall sign, and procure that any End-User shall
sign, any agreement reasonably required by the Company or the owner of the
copyright in the software (where the software is licensed by the Company) to
protect the Company's or the owner's interest in that software.
10.2 The
Customer shall indemnify the Company for any breach of clause 10 by the
Customer or End-Users.
11.
LIMITATION OF LIABILITY
WARNING: You are strongly advised to read
the drafting note commentary on this clause.
11.1 The
following provisions set out the entire financial liability of the Company (including
any liability for the acts or omissions of its employees, agents and
subcontractors) to the Customer in respect of:
a. any breach of the agreement however arising;
b. any use made by the Customer of the Service, or any part of them;
and
c. any representation, statement or tortious act or omission
(including negligence) arising under or in connection with the agreement.
11.2 All
warranties, conditions and other terms implied by law are, to the fullest
extent permitted by law, excluded from the agreement.
11.4 The
Company shall not be liable:
a. for
any errors or interruption in the installation process, whether within or
outside its control;
b. under
any circumstances to the Customer or any End-User whether in contract, tort
(including negligence) or restitution, or for breach of statutory duty or
misrepresentation, or otherwise, for any:
i.
loss
of profits;
ii.
loss
of business
iii.
depletion of goodwill or similar losses;
iv.
loss
of anticipated savings;
v.
loss
of goods;
vi.
loss
of contract;
vii.
loss of use of Service;
viii.
loss or corruption of data or information;
ix.
loss or interruption of internet access; or
x.
special, indirect, consequential or pure economic
loss, costs, damages, charges or expenses, suffered by the Customer or End User
that arises under or in connection with this agreement or any other claims for
direct financial loss that are not excluded by any of categories (i) to (viii) inclusive of this clause 11.4(b);
11.5 The
Company shall provide the Services on an "as is" basis and all warranties conditions and other terms
implied by law are to the fullest extent permitted by law excluded from this agreement.
11.6 The
Company shall not be held responsible for any loss, damage or inconvenience the
Customer or any End-User may suffer for emergencies or scheduled maintenance as
detailed in the Service Level Agreement.
11.7 You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses and other harmful or
destructive content. The Website and App may contain content that is offensive,
indecent or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website and App may
also contain material that violates the privacy or publicity rights, or
infringes the intellectual property and other proprietary rights, of third
parties, or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. The Company disclaims any
responsibility for any harm resulting from the use of the Website and App from
third parties, or from any downloading by those third
parties of content there posted.
11.8 You are
also responsible for any unauthorized use of the Services by third parties
using your Facebook account in your name. You are advised to keep strictly confidential
your login information.
12.
CONFIDENTIAL INFORMATION
12.1 Each
party undertakes that it shall not at any time or at any time during a
Contract, and for a period of five (5) years after termination of a Contract,
disclose to any person any confidential information concerning the business,
affairs, customers, clients or suppliers of the other party or of any member of
the group of companies to which the other party belongs, except as permitted by
clause 12.2.
12.2 Each
party may disclose the other party's confidential information:
a. to its employees, officers, representatives or advisers who need
to know such information for the purposes of carrying out the party's
obligations under this agreement. Each party shall ensure that its employees,
officers, representatives or advisers to whom it discloses the other party's
confidential information comply with this clause 12; and
b. as may be required by law, court order or any governmental or
regulatory authority.
12.3 No party
shall use any other party's confidential information for any purpose other than
to perform its obligations under this agreement.
13.
PRIVACY AND DATA PROTECTION
13.1 The
Company shall process all information about End Users (including all the
personal data provided by the Customer or any End-User to the Company before or
during the term of the Contract) in accordance with the Company’s Privacy
Policy.
13.2 While the
Company agrees to take all necessary technical and organisational
steps to ensure the security of the Service, it is not responsible for the
accidental loss or destruction of any personal data any End-User transmits
using the Service and the Company excludes all liability of any kind in
relation to the content or security of personal data that any End-User sends or
receives through the Service. For the avoidance of doubt, this paragraph does
not limit or exclude any liability of the Company for a breach of the Company's
data protection obligations in relation to the information which the Company obtains
from the Customer before or during the term of the Contract.
13.3 The
Customer agrees, acknowledges and warrants that all End-Users agree and acknowledge, that the Company may be required by law to
provide assistance to law enforcement, governmental agencies and other
authorities. Accordingly, the Customer agrees, and shall procure that all End-Users
agree:
a. that Company
may implement and maintain an interception capability suitable to meet these
requirements where the Company and/or Partner Networks are obliged by law to
ensure or procure that such a capability is implemented and maintained;
b. that the
Company may implement and maintain a data retention capability for the Service
to meet requirements where the Company and/or its partner networks are obliged
by law to ensure or procure that data is retained; and
c. the Company may at times co-operate with law enforcement
authorities and rights-holders in the investigation of any suspected or alleged
illegal activity by the Customer or End-Users. If the Company is required to do
so by law, this may include but is not limited to, disclosure of the Customer's
or End Users' contact information to law enforcement authorities or
rights-holders.
11.4 Facebook Compliance: The Company is
using a Facebook App to operate the Service. The Company is in compliance with
Facebook terms and policies, including Facebook general legal terms, data use
policy, platform policies and pages terms.
You
consent to our use of your personal information as described in our Privacy
Policy in order to operate our Service. However, in compliance to Facebook
terms and polices, the Company:
a. requests
only the data it needs to operate its App;
b. does
not sell or transfer your data to third parties;
c. does
not use your data to create any advertising creative;
d. does not use your data in any other
context other than the one described in those Terms of Use.
14.
NOTICES
14.1 Unless
otherwise expressly stated in these terms and conditions, all notices and other
communications required or permitted to be given by the Customer or the Company
under these terms and conditions shall be in writing. All notices and other
communications shall be deemed properly served if they have been delivered
personally or sent by fax or pre-paid registered post or e-mail to the address set
out above (in the case of notice given to the Company by the Customer) or to
the latest address provided to the Company by the Customer (in the case of
notice given to the Customer by the Company).
14.2 Any
notice shall be deemed to have been properly served:
a. if delivered by hand, on delivery;
b. if sent by pre-paid registered mail, two working days after
posting;
c. if sent by fax, on confirmation of transmission;
d. if sent by e-mail, on confirmation of transmission.
14.3 In
proving the service of any notice, it will be sufficient to prove, in the case
of a letter, that the letter was properly addressed, stamped and placed in the
post and, in the case of a fax, that the fax was duly dispatched to a current
fax number of the addressee and, in the case of an e-mail, that the e-mail was
sent to a current e-mail address of the addressee.
15.
VARIATIONS
The Company has the right to revise and amend these
terms and conditions from time to time on giving the Customer at least 30 days'
notice in writing.
16.
ASSIGNMENT
16.1 Any
Contract made under these terms and conditions is binding on the parties and
their respective successors and assigns.
16.2 The
Customer shall not, without the prior written consent of the Company (such
consent not to be unreasonably conditioned, withheld or delayed), assign,
transfer, mortgage, charge or deal in any other manner with any Contract or any
of its rights and obligations under a Contract, or purport to do any of the
same. The Customer shall not subcontract or delegate in any manner any or all
of its obligations under this agreement to any third party or agent.
16.3 Each
party that has rights under a Contract is acting on its own behalf and not for
the benefit of another person.
17.
FORCE MAJEURE
17.1 The
Company shall not be in breach of any Contract, nor liable for any failure or
delay in performance of any obligations under a Contract (and, subject to
clause 17.3, the time for performance of the obligations shall be extended
accordingly) arising from or attributable acts, events, omissions or accidents
beyond its reasonable control (Force
Majeure Event), including but not limited to any of the following:
a.
acts of God, including but not limited to fire, flood,
earthquake, windstorm or other natural disaster;
b.
epidemic
or pandemic;
c.
war, threat of or preparation for war, armed conflict,
imposition of sanctions, embargo, breaking off of diplomatic relations or
similar actions;
d.
terrorist attack, civil war, civil commotion or riots;
e.
nuclear, chemical or biological contamination or sonic
boom;
f.
voluntary or mandatory compliance with any law
(including a failure to grant any licence or consent
needed or any change in the law or interpretation of the law);
g.
fire, explosion or accidental damage;
h.
loss
at sea;
i.
extreme
adverse weather conditions;
j.
collapse of building structures, failure of plant
machinery, machinery, computers or vehicles;
k.
any labour dispute,
including but not limited to strikes, industrial action or lockouts;
l.
non-performance by suppliers or subcontractors (other
than by companies in the same group as the party seeking to rely on this
clause);
m.
interruption or failure of utility service, including
but not limited to electric power, gas or water; and
n.
interruption
or failure of telecommunications services.
17.2 The
corresponding obligations of the Customer shall be suspended to the same extent
as those of the party first affected by the Force Majeure Event.
17.3 If the
Force Majeure Event prevails for a continuous period of more than six months,
the Customer may terminate this agreement with immediate effect.
18.
WAIVER
18.1 Any
failure to exercise, or any delay in exercising, any right or remedy provided
under this agreement or by law shall not constitute a waiver of that or any
other right or remedy, nor shall it preclude or restrict any further exercise
of that or any other right or remedy.
18.2 No single
or partial exercise of any right or remedy provided under this agreement or by
law shall preclude or restrict the further exercise of that or any other right
or remedy.
18.3 A party
that waives a right or remedy provided under this agreement or by law in
relation to another party, or takes or fails to take any action against that
party, does not affect its rights in relation to any other party.
19.
SEVERANCE
19.1 If any
provision of these terms and conditions or any provisions of a Contract (or
part of any provision) is found by any court or other authority of competent
jurisdiction to be invalid, illegal or unenforceable, that provision or
part-provision shall, to the extent required, be deemed not to form part of the
Contract, and the validity and enforceability of the other provisions of the
Contract shall not be affected.
19.2 If any
provision of these terms and conditions or any provisions of a Contract (or
part of any provision) is found illegal, invalid or unenforceable, the
provision shall apply with the minimum modification necessary to make it legal,
valid and enforceable or the parties shall negotiate in good faith to amend this
provision such that, as amended, it is legal, valid and enforceable, and, to
the greatest extent possible, achieves the parties' original commercial
intention.
20.
NO PARTNERSHIP OR AGENCY
Nothing in these terms and conditions is intended to,
or shall be deemed to, establish any partnership or joint venture between any
of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments
for or on behalf of any other party.
21.
ENTIRE AGREEMENT
21.1 These
terms and conditions and any documents referred to in it constitute the whole
agreement between the parties and supersede any previous arrangement,
understanding or agreement between them relating to the subject matter of this
agreement.
21.2 Each
party acknowledges that, in entering into a Contract under these terms and
conditions, it does not rely on any statement, representation, assurance or
warranty (Representation) of any person (whether a party to that Contract or
not) other than as expressly set out in these terms and conditions or any
documents forming part of the Contract.
21.3 Each
party agrees and undertakes to the other parties that the only rights and
remedies available to it arising out of or in connection with a Representation
shall be for breach of contract as expressly provided in these terms and
conditions.
21.4 Nothing
in this clause shall limit or exclude any liability for fraud.
22.
SURVIVAL
Clauses 1.1, 12 and 23 shall survive termination of
this agreement and continue in full force and effect.
23.
GOVERNING LAW AND JURISDICTION
23.1 Any
Contract made under these terms and conditions and any dispute or claim arising
out of or in connection with it or its subject matter or formation (including
non- contractual disputes or claims) shall be governed by Greek and law.
23.2 Mediation/Arbitration: Any dispute,
controversy or claim arising out of or relating to these Terms and Conditiosn and all Schedules thereto, or the breach,
termination or invalidity thereof shall be resolved first by mediation by a
single mediator in Athens, Greece in accordance with provisions of L. 3898/2010
and the rules and procedures of the Hellenic Center of Mediation and
Arbitration in Athens, Greece. If the dispute does not settle at mediation, it
shall be resolved by arbitration in Athens, Greece in accordance with the
provisions of International Chamber of Commerce. There shall be 3 arbitrators,
one to be appointed by the claimant and/or claimants and one to be appointed by
the respondent and/or respondents and the third to be appointed by the common
agreement of the two arbitrators selected by the parties. In the event of a
failure to agree on the appointment of arbitrators, the appointing authority
shall be the International Chamber of Commerce. Where such rules do not provide
for a particular situation the arbitral tribunal shall, in its absolute
discretion, determine what cause of action should be followed and the decision
of the arbitral tribunal shall be final and binding on the parties to
arbitration. The Greek, and/or English if necessary, language shall be used
throughout the arbitral proceedings. The parties waive their right to any form
of appeal or recourse from such arbitral proceedings to a court of law or other
judicial authority.
Schedule 1
Service description
End-User access to the internet via the Oxygen WiFi service and Customer analytics service as detailed at www.Oxygenwifi.com
Schedule 2
Service level agreement
1.
Service Levels
The Service is provided on an “as is” basis and therefore all warranties, conditions and other
terms implied by statute or common law are, to the fullest extent permitted by law,
excluded from this agreement.
2.
Scheduled Service Downtime
2.1 The
Company may, from time to time, require Scheduled Service Downtime in order to
perform maintenance and upgrades on its computer systems, network and
infrastructure.
2.2 The Company
shall use reasonable endeavours to ensure that any
period of Scheduled Service Downtime causes minimal disruption to the WiFi Service and is as brief as is reasonably possible.
Nothing in this sub-Clause 2.2 shall constitute a guarantee of the same.
Schedule 3
Terms of use (for End-Users)
PLEASE READ CAREFULLY BEFORE JOINING THE WIFI SERVICE
FROM THIS WEBSITE.
This end-user licence
agreement (EULA) is a legal
agreement between you (End-User or you) and BE-CONNECTED P.C., of 14, Veranzerou Street, 166 77 Athens, Greece, with General
Commercial Registry Number TBA (the Company,
us or we) for use of the wireless internet access service via the Oxygen WiFi service (the "Service").
Important
notice:
§ By
joining and using the Service from this website you agree to the terms of this licence which will bind you. The terms of this licence include, in particular, the privacy policy defined
in condition 1.4 and limitations on liability at condition 5.
§ If
you do not agree to the terms of this licence and our
privacy policy we will not permit access to the Service and you must stop the
joining process now. In
this case the joining process will terminate.
AGREED
TERMS
1. Acknowledgements
1.1 The
terms of this EULA apply to your use of the Service including any updates to
the Service.
1.2 We may
change these terms at any time and all changes will be provided to you through
a link on the Service log-in page. The new terms may be displayed on-screen and
you may be required to read and accept them to continue your use of the
Service.
1.3 You will
be assumed to have obtained permission from the owners of the computer, mobile
telephone or devices that are controlled, but not owned, by you and to use the
Service. You and they may be charged by your and their service providers for
internet access on the Devices. You accept responsibility in accordance with
the terms of this EULA for the use of any Service on or in relation to any
Device, whether or not it is owned by you.
1.4 The terms
of our privacy policy from time to time, available through a link on the log in
page (Privacy Policy), are
incorporated into this EULA by reference and apply to the Service.
Additionally, by using the Service, you acknowledge and agree that internet
transmissions are never completely private or secure. You understand that any
message or information you send using the Service may be read or intercepted by
others, even if there is a special notice that a particular transmission is
encrypted.
1.5 By using
the Service, you consent to us collecting and using technical information about
the mobile telephone, computer or other device used to access the Service (the
"Device") and related
software, hardware and peripherals for Services that are internet-based or
wireless to improve our products and to provide any Services to you and for the
purposes stated in a Privacy Policy.
1.6 The
Services will make use of location data sent from the Devices. If you use these
Services, you consent to us and our affiliates' and licensees' transmission,
collection, maintenance, processing and use of your location data and queries
to provide and improve location-based products and services.
1.7 The
Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites
are not under our control, and we are not responsible for and do not endorse
their content or their privacy policies (if any). You will need to make your
own independent judgement regarding your interaction
with any Third-party Sites, including the purchase and use of any products or
services accessible through them.
1.8 Your responsibility: You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses and other harmful or
destructive content. The Website and App may contain content that is offensive,
indecent or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website and App may
also contain material that violates the privacy or publicity rights, or
infringes the intellectual property and other proprietary rights, of third
parties, or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. The Company disclaims any
responsibility for any harm resulting from the use of the Website and App from
third parties, or from any downloading by those third
parties of content there posted.
You
are also responsible for any unauthorized use of the Services by third parties
using your Facebook account in your name. You are advised to keep strictly confidential
your login information.
1.9 Facebook Compliance: The Company is
using a Facebook App to operate its Services. The Company is in compliance with
Facebook terms and policies, including Facebook general legal terms and data
use policy (see our TOS).
1.10 Relationship between the Company and the
Operator: The free Wi-Fi is not in any way offered by the Company but
exclusively and directly by the Operator. The Company’s activity is limited to
the communication of the Operator’s promotions and offers to you. The Company is
not responsible for the accuracy, reliability and quality of the Operator’s
promotions and offers.
1.11 Any words
following the terms including, include,
in particular or for example or any similar phrase shall
be construed as illustrative and shall not limit the generality of the related
general words.
2. GRANT AND SCOPE OF LICENSE
2.1 In
consideration of you agreeing to abide by the terms of this EULA, we grant you
the right to use the Services, subject to these terms and the Privacy Policy,
incorporated into this EULA by reference. We reserve all other rights.
2.2 You may
continue to use the Service free of charge provided that you accept these terms.
2.3 You may
stop using the Service at any time.
2.4 We may
cease provision of the Services at any time.
2.5 Benefits of your subscription to Oxygen WiFi: Registered users are able to connect to the
network by using free Wi-Fi offered by the Operators. By joining the Company,
you may login via Facebook and gain access to free Wi-Fi without having to ask
the Operator for a password. Being part of the Company also allows you to
benefit from offers and promotions reserved for you
3. ACCEPTABLE USE RESTRICTIONS
You are prohibited to:
a. use
the Service in any unlawful manner, for any unlawful purpose, or in any manner
inconsistent with this EULA, or act fraudulently or maliciously, for example,
by hacking into or inserting malicious code, including viruses, or harmful
data, into the Service or any operating system;
b. infringe
our intellectual property rights or those of any third party in relation to
your use of the Service, including the submission of any material;
c. transmit
any material that is defamatory, offensive or otherwise objectionable in
relation to your use of the Service;
d. use
the Service in a way that could damage, disable, overburden, impair or
compromise our systems or security or interfere with other users;
e. collect
or harvest any information or data from any Service or our systems or attempt
to decipher any transmissions to or from the servers running any Service;
f. send,
receive, publish, post, distribute, disseminate, encourage or solicit receipt
of, upload, download or use any material which is offensive, abusive,
defamatory, indecent, obscene, unlawful, harassing, menacing or a breach of
copyright or other intellectual property right or any other right of any
person;
g. use
the Service for commercial purposes;
h. use
the Service to send unsolicited emails;
i. use
the Service to transmit, store, publish or upload any electronic material which
is known or is likely to cause, damage or destroy or limit the functionality of
any computer software, hardware or telecommunications equipment.
j. invade the privacy of another person,
cause annoyance, inconvenience or needless anxiety to another person.
4. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights
in the Services and the underlying technology belong to us or our licensors,
and that you have no rights in, or to, the Service other than the right to use
it in accordance with the terms of this EULA.
5. LIMITATION OF LIABILITY
5.1 The
Service is provided to you on an "as is" basis and therefore all
warranties, conditions and other terms implied by statute or common law are, to
the fullest extent permitted by law, excluded from this agreement.
5.2 The Company
shall not be liable to you in respect of any losses caused by failures, errors,
delays or interruptions relating to the Service, including any failure to
supply the Service due to events which are beyond our reasonable control.
5.3 The
Company shall not be liable to you if any third party:
a. gains
access to your connection to the Service or your Device; or
b. destroys or damages
any data or information held by you or information about you which is held by
us.
5.4 We shall
have no liability in respect of indirect or consequential loss, such as loss of
profits, business, costs, expenses, or any other form of economic loss.
6. TERMINATION
6.1 We may
terminate this EULA immediately without notice to you:
a. if
you commit a material or persistent breach of this EULA;
b. if
you breach any of the Acceptable Use Restrictions; and
6.2 On
termination for any reason:
a. all
rights granted to you under this EULA shall cease;
b. you
must immediately cease all activities authorised by
this EULA, including your use of any Services;
c. we will cease providing you with
access to the Service.
6.3 Termination
of this EULA shall be without prejudice to the rights or remedies or either
party accrued prior to the date of termination.
7. EVENTS OUTSIDE OUR CONTROL
7.1 We will not
be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under this EULA that is caused by any act or event
beyond our reasonable control, including failure of public or private
telecommunications networks or interruptions in third party services (Event Outside Our
Control).
7.2 If an
Event Outside Our Control takes place that affects the
performance of our obligations under this EULA:
a. our
obligations under this EULA will be suspended and the time for performance of
our obligations will be extended for the duration of the Event Outside Our
Control; and
b. we will use our reasonable endeavours to find a solution by which our obligations
under this EULA may be performed despite the Event Outside Our Control.
8. OTHER IMPORTANT TERMS
8.1 We may
transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our
obligations under this EULA.
8.2 You may
only transfer your rights or obligations under this EULA to another person if
we agree in writing.
8.3 If we
fail to insist that you perform any of your obligations under this EULA, or if
we do not enforce our rights against you, or if we delay in doing so, that will
not mean that we have waived our rights against you and will not mean that you
do not have to comply with those obligations. If we do waive a default by you,
we will only do so in writing, and that will not mean that we will
automatically waive any later default by you.
8.4 Each of
the conditions of this EULA operates separately. If any court or competent
authority decides that any of them are unlawful or unenforceable, the remaining
conditions will remain in full force and effect.
8.5 Please
note that this EULA, its subject matter and its formation, are governed by Greek
law. You and we both agree that the courts of Greece will have non-exclusive
jurisdiction.
Schedule 4
Privacy Policy
The Company (We)
are committed to protecting and respecting your privacy.
SCOPE
OF POLICY
This policy (together with our end-user licence agreement as set out through the link in our log in
page (EULA)) and any additional terms of use incorporated by reference into the
EULA, together Our Terms of Use applies to your access and use of the Oxygen WiFi wireless service (the Service).
This policy sets out the basis on which any personal
data We collect from you, or that you provide to us,
will be processed by us. Please read the following carefully to understand our
views and practices regarding your personal data and how We
will treat it.
For the purpose of the Data Protection Act 1998, the
data controller is the Company.
1. INFORMATION WE MAY COLLECT FROM YOU
1.1 We will
collect and process the following data about you:
a. E-mail
b. Birth date
c. Gender
d. Location
e. Facebook Name
You
consent to our access to and collection of such personal information about you.
We
will also extract the number of your Facebook logins and check-ins at the
Operator’s location. You consent to our access to this information as well.
If
you are not using Facebook, you will have to ask for the Wi-Fi password from
the Operator in order to access the free Wi-Fi.
If
you login via Facebook, you are responsible for maintaining the security of
your Facebook account and fully responsible for all activities that occur under
this account and any other actions taken in connection with this account. You
must immediately notify the Company of any unauthorized uses of your Facebook
account or any other breaches of security. The Company will not be liable for
any acts or omissions by you, including any damages of any kind incurred as a
result of such acts or omissions.
Registration
of a user implies providing a valid name and e-mail address for the
communication between the Company and the user.
1.2 Submitted Information: the log in
information which you provide and/or information from your social media account
through which you access the Service (e.g. Twitter, Facebook etc). This information will be taken from your social media
access page and will be subject to your privacy settings. We may also ask you
for information when you enter a competition or promotion and when you report a
problem with any of our Service.
1.3 Additional
information:
a. if
you contact us, We may keep a record of that correspondence;
b. We
may also ask you to complete surveys that We use for research purposes,
although you do not have to respond to them;
c. details
of transactions you carry out through our Service;
d. details of your use
of our Service including, but not limited to, location data, weblogs and other
communication data and the resources that you access.
1.4 Device information: We may collect
information about the mobile telephone, smart phone, hand held device, laptop,
computer or any other device used to access and use the Services (Device), including, where available,
the Device's unique Device identifiers, operating system, browser type and
mobile network information as well as the Device's telephone number if
applicable, for system administration and to report aggregate information to our
advertisers. We may associate Device information with Submitted Information and
will treat the combined information as personal data in accordance with this
policy for as long as it is combined.
1.5 Location information: We may collect
and process information about your actual location.
1.6 Log information: when you use the
Service, We may automatically collect and store certain information in server
logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), clickstream data, browser type and language, viewed and exit
pages and date or time stamps.
2. Cookies
Our Services use cookies to distinguish you from other
users of our Services. This helps us to provide you with a good experience when
you use the Service and also allows us to improve the Service. For detailed
information on the cookies We use and the purposes for
which We use them, see our cookie policy through the link on the log in page
3. Where We store
your personal data
3.1 The data
that We collect from you is generally located on our
servers in Europe however it may be transferred to, and stored at, a
destination outside the European Economic Area (EEA). It may also be processed by staff operating
outside the EEA who work for us or for one of our suppliers. These staff
may be engaged in the fulfilment of the Service or the provision of support
services. By joining and using the Service, you agree to this transfer, storing
or processing. We will take all steps reasonably necessary to ensure that your
data is treated securely and in accordance with this privacy policy.
3.2 All
information you provide to us is stored on our secure servers.
3.3 Unfortunately,
the transmission of information via the internet is not completely secure.
Although We will do our best to protect your personal
data, We cannot guarantee the security of your data transmitted via our
Service; any transmission is at your own risk. Once We
have received your information, We will use strict procedures and security
features to try to prevent unauthorised access. As
access to the Service is through your chosen social media platform you should
ensure when using these features that you do not submit any personal data that
you do not want to be seen, collected or used by other users.
4. Uses made of the information
4.1 We use
information held about you in the following ways:
a. to
provide you with information regarding the venue in which you are using the
Service including information relating to their goods and services;
b. to
provide it to the venue owner or sponsor to enable them to see how the venue is
being used and by whom
c. to report aggregate information to
our advertisers or selected third parties for consumer analysis.
4.2 We may
also use your data, or permit selected third parties to use your data, to
provide you with information about goods and services that may be of interest
to you.
4.3 We will
only contact you by electronic means (e-mail or SMS) with information about
goods and services.
4.4 Where We permit selected third parties to use your data, We (or
they) will only contact you by electronic means.
4.5 If you do
not want us to use your data in this way, or to pass your details on to third
parties for marketing purposes then you should not use our Service. We provide
access to the Service always in accordance with our Terms of Use and this
Privacy Policy therefore if you do not accept them then we will cease to
provide the Services to you until and unless you do accept them.
4.6 We do not
disclose information about identifiable individuals to our advertisers, but We may provide them with aggregate information about our
users (for example, We may inform them that 500 men aged under 30 have clicked
on their advertisement on any given day). We may also use such aggregate
information to help advertisers reach the kind of audience they want to target
(for example, women in Athens). We may make use of the personal data We have collected from you to enable us to comply with our
advertisers' wishes by displaying their advertisement to that target audience.
5. Disclosure of your information
5.1 We may
disclose your personal information to any member of our group, which means our
subsidiaries, our ultimate holding company and its subsidiaries, as defined in paragraph
5 of Clause 42E of Law 2190/20 on the Joint-Stock Companies.
5.2 We may
disclose your personal information to third parties:
a. To
our customers who operate and own the venue where you access the Services.
b. To
the sponsors of the venue where you access the Services
c. To
the selected third parties detailed at point 4 above
5.3 In the
event that We sell or buy any business or assets, in which case We may disclose
your personal data to the prospective seller or buyer of such business or
assets.
5.4 If the
Company or substantially all of its assets are acquired by a third party, in
which case personal data held by it about its customers will be one of the
transferred assets.
5.5 If We are under a duty to disclose or share your personal data
in order to comply with any legal or regulatory obligation or request. In order to:
a. enforce
or apply the EULA, , terms and other agreements or to investigate potential
breaches; or
b. protect the rights,
property or safety of the Company, our customers, or others. This includes
exchanging information with other companies and organisations
for the purposes of fraud protection and credit risk reduction.
5.6 Legal requests: We cooperate with law
enforcement authorities, as well as with other third parties, to enforce laws,
intellectual property rights and to prevent fraud. In response to a verified
request by law enforcement or other government officials relating to a criminal
investigation or alleged illegal activity, we can, and you authorize us to,
disclose your name, e-mail address, Website and App use history, with or
without a subpoena. Without limiting the above, we will not disclose your
personal information to any law enforcement or other governmental officials
without a subpoena or court order, except when we believe in good faith that
the disclosure of information is necessary to protect our rights, enforce our
policies, respond to claims that your use of our Services violates the Company’s
policies or rights or others, or protect anyone’s rights, property or safety.
5.7 How we protect your information: The
privacy and protection of your information is important to us. We do not make
any personal information available to third parties for their marketing
purposes. If however, we share your personal information with third parties as
indicated above under paragraph 5.6, we will notify you. Please note that no
transmission over the internet can be fully guaranteed in its confidentiality
and non-disclosure, and as such, you transmit at your own risk.
5.8 We do not tolerate Spam: To report spam
related with the Company please contact us at info@oxygenwifi.com. You may not
use our communication tools to send spam or otherwise send content that would
violate ourTOS. We may check for spam, viruses,
phishing attacks and other malicious activity or illegal or prohibited content
of the Website and App, but we will not permanently store messages sent through
these tools.
5.9 Facebook: Your Facebook login
information (user name and password) should be held in strict confidence. If
you lose control of your Facebook login information, you may lose substantial
control over your information and profile. If your Facebook login information
has been compromised for any reason, you should immediately contact us at
info@oxygenwifi.com.
The
Company does its utmost to secure communications and data storage in order to
protect confidentiality of your personal information against loss and
interception by third parties. However, it is important to know that there is
no zero-risk against loss or interception by others of your personal data.
5.10 Consent: By using our Website and App,
you consent to the collection and use of your personal information as described
in this Privacy Policy and our TOS.
6. THIRD PARTY SITES
Our Services may, from time to time, contain links to
and from the websites of our partner networks, advertisers and affiliates
(including, but not limited to, websites on which the Services are advertised).
If you follow a link to any of these websites, please note that these websites
and any services that may be accessible through them have their own privacy
policies and that We do not accept any responsibility or liability for these
policies or for any personal data that may be collected through these websites
or services, such as contact and location data. Please check these policies
before you submit any personal data to these websites or use these services.
7. Access to information
The Greek law gives you the right to access
information held about you. Your right of access can be exercised in accordance
with the law. Any access request may be subject to a fee to meet our costs in
providing you with details of the information We hold
about you.
8. Changes to privacy policy
Any changes We may make to our privacy policy in the
future will be posted on this page and, where appropriate, notified to you by
SMS or e-mail or notifying you of a change when log onto one of the Services
Sites. The new terms may be displayed on-screen and you may be required to read
and accept them to continue your use of the Services.
9. Contact
Questions, comments and requests regarding this
privacy policy are welcomed and should be addressed to the Company at: 14, Veranzerou Street, 166 77 Athens, Greece or info@oxygenwifi.com