Terms & Conditions of Wavespot

Welcome to Wavespot and thank you for joining the Wavespot Community. BY ACCESSING THE WAVESPOT SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR USE OF Wavespot SERVICES (“T&Cs”). Wavespot reserves the right to modify, at any moment, in accordance with clause 15.4, the whole or partial contents of these T&Cs.

Definitions

  1. Wavespot: A registered publicly accessible WiFi hotspot location where router has been installed.
  2. Wavespot Router: The Router that provides you with the Wavespot network and its services.
  3. Wavespot Community or Community: A social community of the Wavespot users.
  4. Wavespot Owner: A registered owner of a Wavespot who shares bandwidth with visitors.
  5. ISP: Acronym for Internet Service Provider. Typically, it is the company that provides you Internet service.
  6. WiFi: Acronym for Wireless Fidelity. Refers to a Wireless network in any location.

Subject Matter of the T&Cs

The T&Cs regulate the provision of services from Wavespot to the Wavespot Owner and the Visitor. Unless expressly stated otherwise, the present T&Cs, together with the registration form, Wavespot’s Privacy Policy and, where applicable, the Wavespot Software User License constitute the contractual relationship between Wavespot and the Wavespot Owner and the Visitor.

Description of Wavespot Services

  1. The Services provided by Wavespot consist in facilitating access to the hotspots by providing information about the different Wavespot locations; providing the authentication, registration and access to Wavespot
  2. The Visitors can connect to the Wavespot Community at any Wavespot location.

Prior Requirements

The user that opts for the Wavespot Owner category, should, prior to accepting these T&Cs and before registering with the Wavespot Community, have a Wavespot Router.

Activation of the Wavespot location

You must register with the Wavespot Community through our website, providing full and correct information. You will have the opportunity to choose a unique username, and you must remember this username or else store it in a safe place. You must keep your password confidential.You shall communicate to Wavespot regarding any modifications in the information contained in your registration form as well as any subsequent modification of such information.

Rights and Obligations of the Wavespot Users

  1. You agree to use the Hardware, Software, Service and Wavespot Access Portal, Wavespot’s Privacy Policy, the Conditions for Use of the Wavespot Website and Wavespot Access Portal and Users License of Wavespot Software in accordance with these T&Cs and accept to use them only for lawful purposes.
  2. Wavespot reserves the right at all times to disclose any user information as Wavespot deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
  3. Wavespot will remove any customized content provided by the Wavespot Owner through the Wavespot Portal and disconnect the Wavespot service if it contravenes any applicable law and if so required by the relevant Authorities.
  4. If you use a Wavespot service, you will not invade the privacy of the Wavespot Owner in any way.
  5. For the Wavespot Owner
    1. If you register as a Wavespot Owner, you understand that as a result of activating and switching on the Wavespot router, you will create a publicly accessible WiFi hotspot that we shall refer to as Wavespot.
    2. Other users will be entitled to access the Internet through the Wavespot network.
    3. You are solely responsible for compliance with the ISP´s contractual obligations.
    4. You agree to use the Hardware, Software, Service and Wavespot Access Portal, Wavespot’s Privacy Policy, the Conditions for Use of the Wavespot Website and Wavespot Access Portal and Users License of Wavespot Software in accordance with these T&Cs and accept to use them only for lawful purposes.
  6. For the Visitor –
    You understand that your access to free WIFI provided at a Wavespot location is governed by our privacy policy.

Wavespot Obligations

  1. Wavespot will provide and control access to Wavespot locations, authenticating and validating all Wavespot users who connect through the Wavespot networks.
  2. Wavespot will register the number of users that access each Wavespot network and the type of user that has accessed each of them.
  3. Wavespot shall put in its best efforts in providing a top notch service and customer support to its customers and users.

Data Protection

  1. Wavespot will maintain the confidentiality of all personal data relating to its users, even after the termination of the Agreement. Nevertheless, while the Agreement is in place, Wavespot will publish the information relating to the location/address of all Wavespot networks. This is indispensable for other Wavespot users to access the Wavespot Community.
  2. In order to provide our services, we will need to share your personal data with third parties. You agree and accept that, in order to be able to provide Wavespot Services, the data you provide to Wavespot can be shared between companies of Wavespot’s Group of Companies and with contractors that are specifically hired by Wavespot to provide services to us and to our users within the scope of the Privacy and Data Protection Policy as published in the Wavespot Website.

Intellectual and Industrial Property Rights

  1. To preserve the uniform quality of Wavespot Services, you must use only the official versions of the Wavespot Software to provide access to our Service. You may not use the Wavespot trademark on hotspots running Software versions which have been modified by persons other than Wavespot.
  2. You accept that Wavespot and the Wavespot symbol, logos and graphics are trademarks of Wavespot and that Wavespot rights to this property are protected by law. You will immediately stop using the symbol, logos and graphics when the Agreement is terminated.
  3. You accept that the Hardware, Software, and Service is protected by intellectual and industrial property laws and that Wavespot rights to this property are protected by law. You will observe the industrial and intellectual property rights, even after the termination of the Agreement.

Terminating or Changing this Agreement

  1. The agreement can be terminated by the Wavespot Owner by providing a 15 days notice and sending an email to support AT wavespot DOT net
  2. Wavespot may terminate this Agreement at any time, for any reason, including but not limited to violation of any of the terms and conditions herein. If we wish to end this Agreement, we will inform you by email at the email address you have registered with Wavespot.
  3. This Agreement will end immediately upon either party’s termination. However, we will continue to keep all your personal information confidential and you will continue to accept and respect Wavespot´s intellectual property rights.
  4. We may decide to change this Agreement at any time. We expect that changes will be necessary as new features are added, and as characteristics and specifications are added to the Hardware, Software and Service. We shall communicate any change to these T&Cs one month before any such changes enter into force.

Transfer

Wavespot is free to transfer or assign the benefits under this Agreement. You will be notified of any such change.

Limitation of Liability

  1. Wavespot shall only be liable under this Agreement for losses, limited to the one month value of the Wavespot service.
  2. While every effort is made by Wavespot to provide highest quality of services to the Users, the User acknowledges that the linking quality and speed of data transmission of the the network is entirely dependent on the connectivity not attributable to Wavespot. Accordingly, Wavespot shall in no event be responsible to the Users for the deficiency in data transmission between the Wavespot Owner and Wavespot network computers or for any inconvenience, damage or loss that may be caused to any one or of any kind arising there from.

Wavespot would not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this service, borne by the Customer, even if Wavespot is notified of the same.

Force Majure

If any obligations under this agreement, cannot be performed due to Force Majure circumstances, beyond the reasonable control of the concerned party, and if the parties are unable to arrive at a consensus within three (3) months and if no resolution is possible, then the unaffected party may terminate the Agreement upon written notice.

Entire Agreement

This Agreement represents the final and entire agreement between you and us regarding the Service and products. Electronic images of the Agreement will be considered originals. You acknowledge that you have not relied on any other representations not specifically included in this Agreement. If we don’t enforce our rights under any of the provisions of the Agreement, we may still require strict compliance in the future. You represent that you are of legal age and have the legal capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into this Agreement and agree to be personally liable for all accounts if you are not so authorized.

We suggest that you print out and keep a copy of these T&Cs for your records. These T&Cs shall apply to all of the Services. In addition to these T&Cs, there may be additional terms and conditions which apply to individual services which you will be required to accept when registering for that service. These T&Cs and, where applicable, the relevant additional terms that you accept as part of the registration process for Service form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.

Jurisdiction and Law

This Agreement is governed by and is to be construed in accordance with the laws of USA and the parties hereby agree to submit to the non-exclusive jurisdiction of the USA courts.