These Terms and Conditions of use apply to the use of the Service as defined below. The use of the Service is reserved for customers of Restaurante noi, hereinafter referred to as "Company".
We advise you to read these Terms and Conditions of Use carefully in order to ensure that you are aware of your rights and obligations when making use of the company's Wifi Social Hotspot connection.
1.1 In these Terms and Conditions of Use, the following concepts are capitalized, both singular and plural. These concepts are defined below:
Socialwifi: Social Wifi SL, with address at Camí del Sant Crist 2-4 Local 37, 08302-Mataró (Barcelona), with NIF number B66202680, duly registered in the Mercantile Register of Barcelona Volume 44102, Folio 201 Sheet 447019 Inscription 1 dated 16 January 2014.
Service: the service provided by the Company, as described in article 4.1;
User: the natural or legal person who wishes to use the Service;
Log-in Data: the data provided by the User in order to obtain access to Wifi Social Hotspot;
Property rights: all intellectual property rights and associated rights, such as copyright, trademark rights, database rights and related rights, as well as rights to knowledge and actions alongside a patentable invention;
Agreement: the agreement between the Company and the User, with respect to the use of the Service;
Party: either of the two signatory parties (the User and / or the Company) of these Terms and Conditions of Use;
Peripheral devices: the device with which the User makes a connection to the Wifi Social Hotspot;
Router: the router that the Company has installed for the purpose of offering the Wifi Social Hotspot;
Wifi Social Hotspot: the connection with the router that is available for the use of the User in the Company.
2.1 The Company and / or Socialwifi has the right at all times to modify and / or supplement these Terms and Conditions of use. Any change or modification of these Terms and Conditions will be communicated to the User before it establishes a new connection. If the User continues to use the Service after the modification of these Terms and Conditions of Use, the User irrevocably accepts the modified and / or supplemented Terms and Conditions of Use. If the User does not agree with the modified and / or supplemented Terms and Conditions, his only option is to stop using the Service.
2.2 The Parties explicitly reject the applicability of general and other terms and conditions of the User or third parties related to the use of the Service.
3.1 The Agreement is concluded when the User accepts these Terms and Conditions of Use and uses his Log-in Data to initiate the session in the Wifi Social Hotspot.
4.1 The service offers the User the possibility of connecting to the Internet through the Wifi Social Hotspot connection. The service is NOT explicitly a public electronic communications service within the meaning of LAW 32/2003, of November 3, Spanish Telecommunications General.
4.2 In order to use the service, the User must log in with their profile on Facebook or by providing their email address. The User is explicitly prohibited from using data that is not their own.
4.3 The User is solely responsible for all actions taken during the use of the Service.
4.4 The User is not authorized to misuse the Wifi Social Hotspot. Misuse includes, but is not limited to the following:
4.5 In case of suspicion of misuse within the meaning of article 4.4, or Socialwifi or the Company may be legally obliged to inform the corresponding authorities of that suspicion. The User's data will be transmitted to the relevant authorities if SociaIwifi or the Company have a legal obligation to do so or see any other reason to do so.
5.1 The User is responsible for all his use of the Service. If Socialwifi or the Company suffer damages as a result of misuse within the meaning of Article 4.4 or otherwise, the compensation for damages will be equal to the total costs arising from the repair of the damage caused and, where appropriate, the Restoration of the Service. This does not prejudice the right of Socialwifi or the Company to claim compensation for the damages actually suffered.
5.2 The User shall indemnify the Company for claims of third parties who claim that the User is infringing and / or has infringed the intellectual property rights of these third parties. This compensation arising from 'Claims by third parties' include but are not limited to claims for compensation of damages, costs of legal advice, and other expenses related to the alleged infringement.
5.3 The User is responsible and indemnifies the Company for all damages and costs incurred or incurred as a result of (i) a fault attributable to the fulfillment of the Contract by the User, (ii) any action by the User when using the Service, or (iii) an illegal act. All costs and damages incurred by the Company, which are connected to these or similar claims must be reimbursed by the User.
5.4 The Company will assume that the User is the real person who logs in with their Log-in Data. The Company is not responsible for damages resulting from any unauthorized access or use of the Service by third parties.
5.5 The Company is at any time, without prior notice and without being responsible for compensation or in any other way to the User, authorized (i) to make changes and / or improvements in the Procedure and Technical Service; (ii) permanently or temporarily maintain the Service out of use, limit the use of the Service, or cancel the Service, and (iii) block the User's access to the Service in relation to a suspicion of misuse within the meaning of Article 4.4.
5.6 The Company is not responsible in any case for damages caused or resulting from the lack of availability or temporary, intermittent or permanent inaccessibility of the Website and / or the Service.
5.7 The User accepts that the Service only has functionalities and other characteristics in force at the time of use (as such basis). The Company expressly excludes any express or implied warranty, promise and indemnification of any kind, including but not limited to guarantees, promises and indemnities in relation to the quality, security, legality, and integrity of the Service, unless these Terms and Conditions of Use specify otherwise.
6.1 The User acknowledges and accepts that the Company controls and limits the use of the Service by the User through automatic systems. In particular, the techniques used to determine and prevent misuse within the meaning of Article 4.4 may include but are not limited to the following:
6.2 The data traffic between the peripheral device and the router is sent without encryption. The User is personally responsible for protecting the data traffic between the peripheral device and the router against any unauthorized access by third parties.
6.3 The User is personally responsible for securing the peripheral device against viruses, Trojans and other forms of unwanted access to the peripheral device.
7.1 All conflicts that arise between the User and Socialwifi must be brought before the competent court in the city of Mataró, unless the law determines that the dispute must be presented before another court.
7.2 In the event that these Terms and Conditions of Use are partially invalid, the User, Socialwifi and the Company will continue to be subject to the valid provisions of these Terms and Conditions of use. The Company must replace the invalid provision (s) with provisions that are valid and in accordance with the law, corresponding as closely as possible to the previous invalid provision (s), taking into account the content and purpose of these Terms and Conditions of use.