Wibee Terms of Service
Last modification: February 9, 2015
These conditions of use regulate the terms of access and use of the services provided by Wibee through its web application of social Wi-Fi (hereinafter known as the Web application) or via its mobile application of social Wi-Fi (hereinafter known as the App), hereinafter jointly referred to as the Application.
The Application is owned by Gestió i Promoció de Serveis Professionals FILEBEE, SL, (hereinafter known as Wibee) with CIF number B57771081 and registered address in C/ Del Rafal, nº 1, 07260 Porreres (Illes Balears). You can always contact us by phone via the number (+34) 971168372, or via the email address firstname.lastname@example.org.
3. Application Services
The application allows the User to connect to the Internet, using the wireless connection offered by a third company or open to the public, of which, in turn, the User is a customer or user. These establishments or companies (hereinafter called Hotspot) may be (by way of example and by no means exhaustive) bars, restaurants, cafés, hotels, shops, malls, etc... The Application also allows for interaction and communication between the User and the establishment or company acting as a Hotspot and enables the User to receive information, promotions and offers on products and services offered by the Hotspot and third parties.
When the user is near a Hotspot which uses the Application, they can download the App for mobile devices or access through their web browser. To use the services of the Application, the user must complete a registration form, or register through Facebook, Google+, Twitter or other social networks that may be available in the registration process.
The steps to follow in order to use the application through your web browser are as follows:
- Selecting the wireless network, identified with the name of the establishment or Hotspot.
- The login screen of the Application, personalized and linked to the Hotspot, will start.
The User undertakes to make proper use and maintenance of their user name and password, and will be solely responsible for the damages that might result from their misuse. The user must notify Wibee immediately of any circumstance which poses a risk of access and/or use by unauthorized third parties.
Any access or use of the Application by minors must be carried out under the direct supervision and consent of their parents, guardians or legal representatives, these being liable for any action taken by the minor with the Application. Besides, access and use are not permitted for children under 14 years.
5. User obligations
Users are fully responsible for the access and use of the application subject to the law in effect, whether the national law of the territory they are in or the international law, as well as the principles of good faith, morals, good customs and public order. The User agrees to do as follows:
- Not perform, through direct or indirect use of the Application, illicit or fraudulent activities, infringing intellectual or industrial property rights of third parties or constituting unfair competition.
- Not access through the connection provided by the Hotspot, to websites with illegal, racist, xenophobic, obscene, pornographic, defamatory, misleading, fraudulent content or websites that are harmful in any way towards the rights and interests of third parties or contrary to morality or public order.
- Not download or introduce, through the connection provided by the Hotspot, viruses, corrupted files, or any other computer program that can provoke damages or alterations in the systems and devices of Wibee, the Hotspot, or other users.
- Check that the Application is adapted to the needs of the User.
The User acknowledges and agrees that Wibee may provide the competent authorities with all the information available about the direct or indirect use of the Application for the exercise of activities which contravene the provisions of this clause.
Wibee may terminate the account of any user who performs an activity that fails to do so. The User shall indemnify Wibee for any loss or damage caused by such behavior, being liable for any claims, penalties and damages payable by third parties or public authorities.
6. Guarantees and Responsibilities
The Wibee Application is a portal that allows the User to identify themselves before the Hotspot and surf the Internet using the connection that a company or facility provides for its clients or users. Wibee does not assume any responsibility for the commercial, promotional or other relations that may exist between the User and the Hotspot, or for offers, promotions, products and services offered by the Hotspot to the Users in particular or the public in general. The Hotspot will be exclusively responsible in the case that a price or payment is requested from the User for the use of their Internet connection. Any claim or complaint about the service or quality of the connection should be directed directly to the person, company or entity that owns the Hotspot.
The Application is designed for proper implementation within the technical specifications that are reported for each version. The Application, both in its web and its mobile version, is provided in its current state and Wibee assumes no warranty, whether express, implied or sworn, on the application from the time it opens on the web browser or the download is performed and the installation is started in the mobile version, which includes, among other things, guarantees concerning the quality, performance, non-infringement, merchantability or being fit for a particular purpose or use.
Wibee does not declare or warrant that the Application can run in a way that it does not have errors, interruptions, delays or packet loss, and is not liable for damages due to the loss or the modification of files, hardware failures, business opportunities or business activities.
The User acknowledges and agrees on the following points:
- The Application has not been created to meet unique User specifications.
- The Application cannot be tested or proven in advance in all the possible operating environments.
- Wibee may, at any time and without notice, make updates and changes on the Application.
- Wibee may modify, discontinue or suspend the ability of the user to use any version of the Application, and may end the term of the license, if it so wishes, with immediate effect and without recourse to the courts, not accepting any responsibility for direct or indirect damages that may result from this action.
- Under these conditions, the User's License does not include any service or support by Wibee for the User.
Notwithstanding the foregoing, the User may detect errors with the use of the Application so that Wibee can consider correcting these errors in following versions, without being obligated to provide a solution to such errors in a specific operating environment.
Wibee shall not be liable in case of service interruptions, connection errors, unavailability or deficiencies in the Internet access service, interruptions in the Internet connection or any other cause that is beyond the control of Wibee.
If, upon the exercise of an action or claim by third parties arising from conflicts with any patent, trademark, intellectual property or trade secrets, the Application is partly or completely affected, or the authorization of the license for the use of the Application is forbidden, Wibee shall, if possible, substitute the affected part with a new and appropriate version. The user must accept this amendment and proceed with the installation and/or removal of the affected software. Wibee will not, under any circumstances, be obliged to compensate the user for damages and loss.
7. Intellectual property
Wibee owns all the rights of use on the Application, both its mobile web version as well as the brands, logos, texts, contents, creations and designs used on its website and the promotional materials for their products.
The User understands and agrees that the Application contains information on the existing exclusive rights and undertakes
- not to alter or reverse engineer, rent, sell or sublicense the software.
- not to provide, facilitate or make the program and/or related documentation available to any third party.
- not to make any copy of the Application, or permit another person to do so, except in cases where so authorized in writing by Wibee, or in cases where the copy is to be conducted on the basis of reasonable security or backup purposes, in accordance with applicable law.
The User may not, in any way, hide, impair or cover the visibility of brands, logos, company name and other industrial and/or intellectual property rights of Wibee on the Application.
Intellectual and industrial property rights apply to the Application and all its contents. The user must respect them, and cannot, by way of example, delete or hide them.
8. Offers and Promotions
The User agrees to receive information, offers and promotions from the company or establishment that holds the Hotspot, through which the User accesses the Application. These commercial communications can get to the User through the notifications on the Input Panel of the Application, messages sent through the social network that has been registered or through emails sent to the address that has been provided in the registration process. Likewise, the User gives his consent to Wibee for sending communications of the same kind regarding other products or services from other companies or entities. Notwithstanding the foregoing, in the promotional emails, there will be the option of not receiving such communications. To not display notifications or be notified through the application itself or the social network that has been registered, the User must request the removal of their account.
Notifications shall be valid between the parties through the email provided in the registration process. Likewise, Wibee will be able to display warnings and notifications to the User once the User has accessed the Application.
11. Governing Law and Jurisdiction
These conditions are governed by the Spanish legislation. Any controversy or issue regarding the Application or these conditions of use will be resolved in the courts of Palma de Mallorca (Spain).