Last updated: May 2019

ACCEPTANCE OF THE SERVICE'S TERMS OF USE

“Wifins”, a company registered under the laws of Greece, represents the sole administrator of the “Wifins Platform” (hereinafter “the Service”), which is a revolutionary Wi-Fi media vehicle, helping businesses interact with consumers through Wi-Fi networks. The use of the Service is subject to the present Terms of Use (hereinafter “the Terms of Use”) as anytime in force, and requires the agreement of any user of the Service in relation to the use thereof (hereinafter “the User” or “the Users”).

By accessing and using the Service, the User declares full acceptance of the Terms of Use thereof, as anytime in force.

THE SERVICE

Wifins Platform © is an innovative Service which offers free and secure Wi-Fi access across consumers and, at the same time, enables the performance of branded, secure and measurable marketing campaigns on their mobile devices. In particular, the User who connects to a Wifins Wi-Fi spot shall receive, upon acceptance of the Service's Terms of Use and Privacy Policy, interactive advertising content related to the specific Wi-Fi spot and/or to relevant products and services (general advertising content).

The User may opt in to receiving personalized advertising content according to his/her preferences. In this case, personalized advertising content will be displayed to the User either when connecting to a Wifins Wi-Fi spot, or generally when accessing the Web through the same device (“retargeting”). Retargeting takes place by virtue of the data related to the User's connections to Wifins Wi-Fi spots, which compose the User's profile.

During the use of the Service, the following data of the User may be collected:

  • The user's IP address
  • The domain name server
  • The type of the device accessing the Service (P/C, mobile device)
  • The device's mac address
  • The type of the web browser used to access the Service
  • The operating system of the device
  • The web browser's language
  • The source or URL which directed the User to the Service
  • The user's email account (in case the Wifins Wi-Fi spot requires the connection of the User through an email or Facebook account).

The processing of the User's personal data is regulated by the Wifins Privacy Policy.

All consents provided by the User to Wifins Wi-Fi spots for receiving personalized advertising content are available at the hyperlink my settings, and may be freely and automatically withdrawn by the user, while connected to a Wifins Wi-Fi spot. The user may also withdraw consents by contacting our Data Protection Officer at: dpo@wifins.com.

Retention period: All data of Users will be retained for a maximum period of twelve (12) months from the provision of (each) consent, unless the User recalls consent prior to the expiration of above 12-month period.

AMENDMENT OF THE TERMS OF USE

Wifins reserves the right to amend the Terms of Use and/or any other provision regarding the use of the Service at its sole discretion, by placing a relevant notice at the Service's splash page, whereas reference of the last update is also made at the beginning of the Terms of Use. The Use of the Service by the User following said notice declares full acceptance of all amendments by the User.

The use if the service is subject to the Terms of Use any time in force. It lies upon the responsibility of the User, to periodically read the Terms of Use, so as to be informed of their content.

SPECIFIC TERMS

Should the use of any specific service conform to more specific terms of use, those are described as a whole within the present Terms of Use. In case of conflict, the more specific terms of use shall prevail.

USE OF THE SERVICE BY MINORS

By accepting the Terms of Use, the User declares that s/he is over the age of 18 years old, or, if under-aged, that s/he has obtained the necessary parental consent and that s/he shall provide all necessary parental information upon request. The holders of the minor's legal custody are solely responsible to protect the minor from any adult or generally inappropriate Service content whatsoever.

Wifins cannot guarantee that other users will not place inappropriate material for minors through the service. It falls within Wifins' Policy not to control in advance the content or the information provided by any User. Wifins is not liable for the Service's access to any information, content, services or 3rd party applications, that might be deemed as illegal, immoral or inappropriate for certain categories of individuals, such as minors.

Should the user consider that the Material of this Service or part thereof, offends in any way their rights or the rights of third parties, s/he may address it by sending a relevant email at dpo@wifins.com, defining the exact Material or part thereof s/he considers as offensive and the reasons supporting the relevant claim.

LIABILITY OF WIFINS FOR THE CONTENT OF THE SERVICE

The Service is used “as is”, and is subject to amendments exclusively by Wifins, whereas the User has no modification and/or intervention capability therein whatsoever.

Wifins makes all reasonable efforts to ensure the safe use of the Service and to ensure it provides precise, accurate, liable and up-to-date information. Users however recognize and accept, that, given the nature and the evolution of the Service, as well as of the nature of the Service's technical needs, Wifins might not be able at all times, to exercise full control of the content of the Service and the security of its websites.

Wifins does not guarantee, and is released of any liability whatsoever in relation to, the lawful use of the Service from its Users and the accuracy as well as the continuous update of its Service content and safety. Therefore, the Users hereby agree to always evaluate the content of the Service and be solely responsible for the Use of the Service from their end, including any decision that relies upon the correctness, accuracy and validity of the Service's content.

THE USER TAKES FULL RESPONSIBILITY OF THE USE OF THE SERVICE; WIFINS, ITS MANAGEMENT, ITS STAFF, ITS REPRESENTATIVES OR ANY THIRD PARTY INVOLVED IN THE CREATION, DESIGN, DEVELOPMENT, PUBLICATION OR SUPPORT & MAINTENANCE OF THE SERVICE BARE NO LIABILITY, TO THE EXTEND PERMITTED BY LAWS, FOR ANY DIRECT, INDIRECT, MORAL, MATERIAL OR ANY OTHER DAMAGE CAUSED OR CONNECTED TO THE USE OF THE SERVICE OR OF THE MATERIAL, INCLUDING, INDICATIVELY, THE INFECTION FROM VIRUSES THROUGH THE USE OF THE SERVICE OR THROUGH EMAILS SENT AND/OR RECEIVED THEREFROM.

LINKS TO OTHER SERVICES

The Service may include links to other Services managed by third parties, only for the User's ease. Wifins is not in control and has no responsibility whatsoever for the operation, content, privacy policies or security of third party Services. Indicatively, Wifins bares no liability in case the third party Services:

  • violate the rights of the User or of any third party involved
  • are unsafe or inaccurate, inadequate or misleading
  • contain viruses or other programs that might prove harmful

Wifins does not adopt the content, products or services offered by third party Services, nor is it associated with their administrators. In cases when the Service contains links or hyperlinks to other Services, the administrators thereof bare full (civil and criminal) liability for the safety, lawfulness and validity of their content, whereas Wifins is not liable whatsoever, such as of liability for violation of intellectual property- or industrial property rights. Should the User decide to establish a link to third party Services, the latter is solely responsible for invoking the connection and access thereto.

INTELLECTUAL AND INDUSTRIAL PROPERTY- LICENCE ΑGREEMENT

Property rights

The Service, its software and its Material, including the design and presentation of the Service, falls within the intellectual and/or industrial property of Wifins and is protected by the relevant provisions of the Greek, European and international law on the protection of intellectual and industrial property.

The User has no property rights upon the Service and the Material, apart from the license rights explicitly granted through the present Terms of Use. Wifins hereby reserves all intellectual property and industrial property rights, including rights upon trademarks, products or services, tradenames, logotypes etc. as contained in the Service and the Material.

END USER LICENSE AGREEEMENT

Provided that the User complies with the Terms of Use and the Privacy Policy of the Service, Wifins hereby provides a free of charge, limited, non- exclusive, non-transferable and non-transmittable license to access, download and display the Service and the Material, in accordance with the present Terms of Use. Subsequently, all Users recognize and accept that the Service and the Content may only be used for personal and non-commercially exploitable activity. Any User may download and/or copy and/or store part of the Material for exclusive personal and non-commercially exploitable use, having no right to delete the indication of its origin and provided that the User shall in any case protect any and all intellectual property rights of Wifins from any harm. The aforementioned actions shall be permitted for any other cause not explicitly described herein above, only upon Wifins' explicit consent. Accessing the Service or any other of the above actions may by no means result in the establishment of a right, title or lawful interest upon the Service or a downloaded and/or copied and/or stored section thereof.

Notwithstanding the above acceptable uses, the Service and the Material may not be anyhow reproduced, copied, leased, sold, sublicensed, transferred, extracted, transmitted, retransmitted, disposed partly or as a whole to any User. The commercial use of the Service for exploitable purposes is strictly prohibited. The amendment, adaptation, alteration, translation or any other modification whatsoever of the Service and/or of the Material is strictly prohibited. Likewise, the deconstruction and reconstruction or any other attempt to acquire the Service's source code is prohibited. Additionally, the creation and/or publication of a data base containing important parts of the Service, without Wifins' explicit consent is prohibited.

Furthermore, any action that could jeopardize or furthermore violate the security rules and the Terms of Use of the Service's content, which apply or are imposed by any functionality of the Service (including the management of digital rights) is strictly prohibited. The Use of the Service so as to access, copy, transmit, codify or retransmit its content in breach of any law or right of Wifins, as well as the abstraction, withholding, misuse of any intellectual property rights' declarations, including trademarks and other exclusive rights of Wifins or third parties, are strictly prohibited.

The use of the Service in any unlawful way whatsoever, for any illegal purpose or in breach of applicable local, EU and international intellectual property laws is strictly prohibited.

The Users of the Service unconditionally accept, agree and declare they shall only make lawful use of the Service and shall abide by the present Terms of Use.

Any use of the Service which violates the Terms of Use is strictly prohibited and will automatically result in the termination of the present License Agreement. The End User License Agreement may be freely recalled by Wifins, without the User's prior notice.

It falls within the values and policies of Wifins, to respect and protect the intellectual property rights of third parties. Should the User consider that a breach of third party property rights has taken place through the Service, the User may contact Wifins at dpo@wifins.com and define the part of the Service which s/he considers offensive and the reasons that ground said claim.

PERSONAL DATA AND PRIVACY

For the protection of privacy and personal data by Wifins, please visit our Privacy Policy, which is deemed as an indispensable part of the present Terms of Use.

OFFICIAL SERVICE

The User agrees no to create or provide ways through which the Service may be accessed through other Websites or in ways unauthorized by Wifins.

The User is bounded and agrees not to use hardware equipment or software or any other unauthorized method to intervene in the Service.

AVAILABILITY AND SECURITY

Wifins shall make all reasonable effort to preserve and make the Service available to Users. Nevertheless, all Users hereby recognize that the availability of the Service may be affected by the equipment of users, by other communication networks, by internet service providers, by the large number of users who try to access the Service at the same time or by any other cause. The Users hereby agree that Wifins is released of any liability for the interruption or abnormal functionality of the Service.

The Service and Wifins have no relation with the provision of internet connection services or infrastructure and the User and/or the spot of the Service is solely responsible for the payment of any debt to the Service Providers of internet services, so as to have internet access.

Users agree and accept that Wifins may temporarily or permanently modify and/or interrupt the operation of the whole or part of the Service without their prior notice. Thus, Wifins is not liable for any kind of damage related to the interruption of the function or the abnormal function of the Service or to the inability of the Users to access it, the pause of the whole or part of it, the delay, non- transmission, interruption, bad quality of services or loss of content or any kind of mistake whatsoever. Wifins does not guarantee the compatibility of the Service with the user's device, its content and software.

SOFTWARE AVAILABLE ON THE SERVICE

All intellectual property rights and/or any other rights upon the software which is available when using the Service, belong to Wifins and/or its providers/licensors. In order to access the information of the Service, the User may be requested to sign a License Agreement with third party software providers, whereas the User's accessibility of the Service may depend on the signing thereof. The use of each software is subject to the terms of each separate License Agreement; Wifins is released of any liability in relation to each Software's License Agreement. The User must refrain from installing or using any software without a valid license agreement and bares full liability, if the User proceeds therewith without a valid license agreement.

SERVICING

Wifins reserves the right to temporarily or permanently interrupt the function of the Service or part of it, for servicing or upgrading purposes or for any other reason, without the User's prior notice.

SECURITY

Even though Wifins makes all reasonable efforts to protect the Service of any digital virus and/or any other harmful or malicious files or programs, which aim to intervene, destroy or limit the functionality of any software of telecommunications software, Wifins cannot guarantee that the Service shall not be attacked by malicious attacks. Therefore it falls within the User's responsibility to safeguard the integrity and security of software systems and equipment and Wifins is released of any liability in case of an attack to the User's software and hardware from viruses and other malicious files, as described herein above.

OBLIGATIONS OF USERS

Users accept and agree to make lawful use of the Service. Users hereby declare that, through the use of the Service:

  • They shall by no means act in a way which will prevent the lawful use of the Service and/or other websites linked to it.
  • They shall not act in breach of any intellectual and/or industrial property rights of Wifins or third parties
  • They shall not act in a misleading way towards any third party in relation to the Service's origin or content and/or harm in any way the professional reputation of Wifins.
  • They shall not install, forward and/or transmit in any way viruses through the Service or any other harmful or malicious files and/or programs.
  • They shall not install or forward advertising material or spam messages without Wifins' prior approval, nor shall they proceed with sending any unsolicited communications whatsoever.
  • They shall not upload or transmit in any way content or information they are not authorized to disclose by virtue of the provisions of laws or private agreements (such as confidential information)
  • They shall not act in any way which may be deemed offensive to the rights or personality of others and especially in a way which could harm a minor
  • They shall not intervene nor place the Service's safety in danger, including the safety of the Material contained therein, the source code of the Service, the Server in which it is hosted and/or networks connected or accessible through the Service or other websites connected to it.
  • They shall not aim at a cause which is prohibited by the present Terms of Use.
  • They shall not adapt or encourage behaviors which could ground a criminal offense, raise civil claims or anyhow violate the provisions of the law.
  • They shall not publish or transmit any material with offensive, threatening, untrue, misleading, disturbing, malicious, vulgar, scandalous, pornographic or blasphemous content. Wifins shall fully cooperate with the principles of the law and shall fully comply with any Court Order of decision to disclose the identity of any individual who might publish or transmit unlawful information and/or material.
  • They shall not collect emails or other data of users from the Service for unsolicited communication purposes.
  • They shall not upload, transmit, store or make accessible to the public photographs of third parties without their express consent.
  • They shall inform Wifins without undue delay, should any unlawful or prohibited use of the Service comes to their attention.

It is explicitly clarified that the use of the Service for advertising or marketing purposes by the User is prohibited, unless otherwise agreed so with WIFINS.

It is strictly prohibited to use any data of the Material in any way not explicitly provided for in the present Terms of Use, without Wifins' written authorization. In case of any violation of the Service's Terms of Use, Wifins will exercise all its lawful rights, including the filing of criminal charges.

VIOLATION OF THE TERMS OF USE

In case of violation of the present Terms of Use, the Users are deemed liable for compensation of any damage suffered by Wifins. The non-exercise of any of the rights deriving from the present Terms of Use cannot be interpreted as a waiver therefrom.

Wifins reserves the right to audit the application of the present Terms of Use at its sole discretional power.

COMPENSATION

The User hereby agrees to protect, defend and compensate Wifins, its associates, employees and staff in general for any damage deriving directly or indirectly from the misuse of the Service or in breach of the Terms of Use.

TERMINATION

Wifins reserves the right to terminate at no cost and with no further responsibility the present End User License Agreement, without the User's prior notice, in case the User violates the Terms of Use or any provision thereof, or in case Wifins is unable to confirm the information provided by the User during the latter's use of the Service.

AGREEMENT - VALIDITY OF THE TERMS

The present Terms of Use, as well as any other applicable rules in relation to the Service consist the terms of the agreement between Wifins and any User, regarding the use of the Service. Should any Competent Court decide that any of the present Terms of Use is invalid thus inapplicable, the validity of the remaining terms shall not be affected or disputed.

CONNECTION OF THE USER TO WIFINS

The User hereby agrees that the use of the Service does not entail that any representation, association, employment relationship, partnership or any other connection to Wifins whatsoever.

MEANS OF PROOF

The current version of the Service and the Terms of Use, as well as of any email correspondence with Wifins, shall be deemed as a lawful means of proof before the competent Judicial or other Regulatory Authorities.

APPLICABLE LAW AND JURISDICTION

The current Terms of Use and any amendment thereof shall be regulated by the Laws of Greece. The Courts of Athens are the Competent Courts for the resolution of any claim which might arise from the application of the present Terms of Use, if said claim is not resolved extra-judicially.

All rights and lawful means exercised by virtue of the Terms of Use do not exclude other rights and lawful means provided for by the law or any other agreement.

CONTACT

Users may address all queries in relation to the Service's Terms of Use to: info@wifins.com.