GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF THE EUSKALTEL WIFI SERVICE
Installing the application to configure the EUSKALTEL WiFi service, along with the use of that service implies the express acceptance by you as the Customer of the following General Terms and Conditions:
I.- GENERAL TERMS AND CONDITIONS OF THE APPLICATION
1. GENERAL CONDITIONS OF USE
This document aims to establish the General Conditions of Use of the applications that are the property of EUSKALTEL, S.A. (hereinafter EUSKALTEL). In particular, this application allows access to the EUSKALTEL WiFi service to be configured, by means of the devices on which the application is available at the time (tablet and smartphone terminal devices whether iOS or Android, PC, MAC, etc.).
Access will therefore be exclusive to EUSKALTEL customers.
Access to the service through the application will be by means of entering the user ID (Euskaltel cell phone number) and the password.
The Euskaltel cell phone number and password are personal and non-transferable. It is your responsibility as the user to guarantee its confidentiality. You will be liable for all actions performed with your Euskaltel cell phone number.
You as the user should avoid, under your own responsibility, facilitating your password to a third party. In this regard, EUSKALTEL hereby informs you that it will NEVER ask you for your password to the app by any means of communication: telephone, email, ordinary mail, SMS, MMS, etc. Therefore, if you receive any communication asking you for that information, we would ask you to ignore it and inform Euskaltel, S.A. of that situation by calling 1717 or using the ABUSE form.
By downloading and using the application you acquire the status of user of it (hereinafter, the User) and implies that you have read, understood and accepted all the terms and conditions set out herein.
EUSKALTEL hereby reserves the right to amend these Terms and Conditions in order to bring them in line with the applicable legislation in force at any given time.
Those changes will be published on the website and in the application(s) and shall be effective from the moment of their publication. Your continuing to use the services after the publication means their acceptance and assumption.
Should you not agree with these amendments, you as the user may reject them by stopping using the services.
Access and downloading the application will be free of charge except for the cost of the connection using the telecommunications network supplied by the access supplier contracted by the users.
2. USE OF THE APPLICATION AND ITS SERVICES
EUSKALTEL grants Customers the limited, non-transferable, non-exclusive and personal right to download the application for their lawful, non-commercial, personal and limited own use on the devices in which it is available at any given time. The device shall comply with the standard minimum technical specifications and be compatible with the application.
EUSKALTEL shall not liable for any abnormality in the use of the application arising from any incompatibility with your device.
You as the User hereby acknowledge and accept that the use of the contents and/or services offered by this app will be under your own exclusive risk and/or liability. You hereby undertake to use this application and all its content and Services pursuant to these Terms and Conditions of Use, along with the Conditions that, where appropriate, are applicable to the services to which you have access.
Furthermore, you hereby undertake to use the services and/or contents of the application appropriately and not to use them to carry out illegal activities or constituting a crime, that infringe the rights of third parties and/or that breach industrial and intellectual property regulations, or any other provisions of the applicable legal system.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY
EUSKALTEL hereby reserves all rights regarding the brands, trademark or other distinctive signs, patents, and the intellectual property, with respect to the content and design of the application.
All of its contents, including but not limited to, texts, graphics, images, their design and the intellectual property rights that may be associated with those contents, along with the brands, trademarks and any other distinctive signs are the property of EUSKALTEL or of third parties, and all rights are reserved regarding them. The brands, trademarks and distinctive signs are the property of EUSKALTEL or third parties. The downloading, access and use of the application shall not be deemed to give the user any right regarding the aforementioned brands, trademarks and/or distinctive signs.
4. EXCLUSION OF WARRANTIES. LIABILITY
EUSKALTEL does not guarantee at any time access availability and continuity of the functioning of this application. Therefore, EUSKALTEL shall not be liable for any damage and losses caused to the User as the result of the unavailability, access failures and lack of continuity of this application.
Downloading, access and use of the application on devices does not imply the obligation by EUSKALTEL to control for the absence of virus, worms or any other harmful computer element. In any event, you as the User are responsible for ensuring the appropriate tools are available to detect and removal harmful computer programmes.
For the purposes envisaged in the legislation regarding personal data protection, EUSKALTEL hereby informs you that the personal data to which it has access as the consequence of downloading the application and access to the services will be included in a personal data automated file created by EUSKALTEL and under its responsibility for the purposes of maintaining and managing your contractual relationship. In particular, to configure compatible devices of the Euskaltel WiFi service through the application.
Furthermore, EUSKALTEL hereby informs you that you are entitled to exercise at any time the rights to access, rectify, challenge and cancel pursuant to what is established in the Spanish Personal Data Protection Act 15/1999, of 13 December, and other applicable legislation for that purpose, by writing to EUSKALTEL in that regards, by means of a letter indicating the request and with a photocopy of your ID document, to the following EUSKALTEL address: Apartado de correos, 3, F.D. 48160 Derio (Bizkaia) or by called the Customer Service Hotline on 1717 (or any number that may replace it in the future) or by email to firstname.lastname@example.org.
In general, in order to use the Services of this application, minors must have previously obtained the authorisation of their parents, guardians or legal representatives, who shall be liable for any acts performed by the minors in their charge by means of this application. In those Services where expressly indicated, access shall be solely and exclusively restricted to people over 18 years old.
7. TERM AND TERMINATION
The use of this application will remain in force while the user is a EUSKALTEL CUSTOMER. The above is without prejudice to any modifications that EUSKALTEL may make pursuant to what is envisaged in Point 1 above.
II.- TERMS AND CONDITIONS OF USE OF THE EUSKALTEL WIFI SERVICE
1. PURPOSE OF THE CONTRACT
By accepting these terms and conditions, the CUSTOMER contracts the Euskaltel WIFI Internet access service.
The Euskaltel WiFi service provides Internet access by means of compatible devices that come with WiFi technology, using a network of WiFi hotspots distributed throughout the Euskaltel deployment areas in the Autonomous Community of the Basque Country.
The General Terms and Conditions of the fibre optic contract in force at any given moment shall be applicable for those areas that are expressly regulated herein.
2. REQUIREMENTS FOR ACCESS TO THE SERVICE
The customers that meet the following requirements may access the Euskaltel WiFi service:
1) The customer must have contracted with Euskaltel 30 Mb or higher Internet access, along with a cell phone line.
2) The Customer must also have the e-bill service activated. Should those services not be activated, they will automatically be activated when registering with Euskaltel WiFi.
3) The customer must be up-to-date with payments for all the services contracted with Euskaltel.
A Euskaltel cell phone number and a password will be needed to use the service. Euskaltel will provide you with the password and it will be used to identify you personally as a user of the EUSKALTEL WiFi service. The Euskaltel cell phone number and password are personal and non-transferable and it is your responsibility as the user to guarantee its confidentiality.
All the sessions established by the users of the services are identified independently of the hotspot from where they connect and the users are responsible for the actions performed during those sessions.
After the service is activated, should the Customer fail to comply with each and every one of the described requirements, Euskaltel may automatically disable the access of the Customer to Euskaltel WIFI without the need for any prior communication.
Furthermore, the request by the customer to deactivate the SSID of the EUSKALTEL WiFi service of the cablemodem belonging to Euskaltel and installed at the address of the Customer shall automatically lead to the loss of access to the Euskaltel WiFi service.
3. LIMITS OF THE SERVICE
The use of the service from mobile terminals is limited to those devices that have an Euskaltel SIM card.
Euskaltel shall do its utmost to provide a quality service. However, given the state-of-the-art of the technology used, Euskaltel does not assume any minimum guarantee of service, coverage or speed.
Each user of the service has two simultaneous accesses for each mobile device with an active SIM with Euskaltel.
Euskaltel reserves the right to terminate the access of the Customer of the service in the following cases:
1) Failure by the Customer to comply with the obligations assumed herein.
2) Illegal use of the service.
3) Abusive use of the service that compromises its normal operating.
4) Use of P2P programs.
III.- EUSKALTEL WIFI 5-DAY FREE SERVICE
The user of the EUSKALTEL WIFI 5-DAY FREE service expressly accepts the following conditions:
1. DESCRIPTION OF THE SERVICE
This service allows the users to enjoy 5 days of free use of the Euskaltel Wifi service deployed by Euskaltel in the Basque Country.
The service has the following characteristics:
- Each user will have 5 days of free use of Euskaltel Wifi beginning on the day that they activate their cell phone in the application.
- You will not be able to have free Euskaltel Wifi access again until 3 months have passed since the end of the initial 5 free days of Euskaltel Wifi
- You will need to download the Euskaltel Wifi app to begin to use the service. You need to have a mobile data connection or Wifi to download the application.
- You must enter your cell phone number in the app and accept the Euskaltel conditions. Once accepted, you will receive an SMS with your password to access Euskaltel Wifi which will then configure your terminal. You will then be able to use the service according to the Euskaltel WIFI service terms and conditions set out in point II above.
- Euskaltel Wifi will be inactive from midnight on the fifth day after the activation of the service.
2. RESPONSIBILITIES REGARDING THE USE OF THE SERVICE
You as the user of the service hereby undertake to use it according to the law, morals, decency and public order, and you must also abstain from using the service for illegal purposes.
Under no circumstances shall Euskaltel be liable, not even indirectly or vicariously, for the products or services provided, used or offered by the end user or by third parties or entities by means of the Internet access services provided by Euskaltel or which are disseminated through its network.
Furthermore, under no circumstances shall Euskaltel be liable, not even indirectly or vicariously, for any content, information, communication, opinion or expression of any type whose origin lies in the end user or in third persons or entities and which are communicated, transmitted, sold or exhibited using the Internet access services provided by Euskaltel or through the Euskaltel network.
Should EUSKALTEL in the fulfilment of current legislation be forced to remove information, prevent access, block or suspend service, the user may not seek compensation for any damage, disruptions and/or losses incurred for those circumstances.
For the sole purpose of making its subsequent transmission to other recipients more efficient, Euskaltel may automatically store, on a provisional and temporary basis, the data to which the end users of the service access. Euskaltel shall not be liable for the content of that data, nor of their temporary reproduction as it shall not modify that information.
You as the user undertake to ensure your computer system has the appropriate security measures dedicated to preventing the introduction of viruses, Trojans, diallers and other hacking. Under no circumstances shall Euskaltel assume any cost or compensation for damage or loss of earnings arising from the aforementioned hacking by third parties through Internet.
You hereby undertake not to use the facilities and capacities of the service to carry out or suggest activities prohibited by law. Furthermore, the end user undertakes to respect any restrictions regarding the use of each of the services and accesses to other networks.
You as the end user hereby recognise that the information that you may access through the service may be protected by industrial, intellectual property or other type of rights. Consequently, you shall refrain from carrying out any conduct in the use of the Internet resources that impinge the industrial or intellectual property rights of third parties or of Euskaltel itself. In any event, you shall hold Euskaltel harmless from any claim, whether in or out of court, that is lodge against the company as the consequence of the aforementioned use.
Euskaltel shall provide the password to you as the end user and which is solely and exclusively reserved for that purpose, and you shall treat it as confidential. Euskaltel shall be liable for the consequences of the passwords being used by unauthorised third parties. If you as the end user believe that the passwords are no longer confidential, you shall ask Euskaltel to change them.
All users of the service have to be identified each time they connect to the network. Therefore, all the sessions established by the users of the services are identified independently of the hotspot from where they connect and the users are responsible for the actions performed during those sessions.
Euskaltel reserves the right to terminate the access of the Customer of the service in the following cases:
- Failure by the Customer to comply with the obligations assumed herein.
- Illegal use of the service.
- Abusive use of the service that compromises its normal operating.
- Use of P2P programs.