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"wheriz" refers to the service provided subject to these General Terms and Conditions and/or wheriz
By logging on to wheriz, users accept the following General Terms and Conditions (hereinafter the "GTC") for using wheriz.
wheriz operates wheriz services under various top-level domains (wheriz.es, wheriz.com, etc.), as well as various sub-domains and aliases of these domains. All Web sites on which wheriz provides wheriz services are hereinafter referred to as "wheriz Web sites."
These GTC shall govern the contract relationship between the User and wheriz, irrespective of which wheriz web site the User is registered with or logged on to.
The User enters into this agreement on the use of wheriz services with wheriz, Barcelona. Additional contact information, commercial registry data, as well as the name of the authorized representative of wheriz can be found under "Credits".
The services provided by wheriz are intended exclusively for persons of legal age.
The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the "Terms & Conditions" link that appears on all wheriz Web sites.[top]
1.1 The wheriz Web sites offer registered users two options: a) a free private contact forum (membership in the free contact forum is hereinafter referred to as “Free Membership”), and b) a private paid communication forum for arranging business contacts (membership in the paid communication forum is hereinafter referred to as “Premium Membership”).
1.2 Details about the applicable fees for the Premium Membership are set forth on the wheriz Web sites under "Benefits." The fees listed under "Benefits" are binding. Payments for the Premium Membership shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If wheriz is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. wheriz may deliver invoices to the User for Premium Membership by email. In addition, wheriz shall make said invoices available for download by the User in the Premium Membership area of the wheriz Web sites for a period of one (1) year from the date of invoicing.
1.3 Any use of the services and contents offered on the wheriz web sites beyond the scope of options provided by wheriz requires the prior written consent of wheriz.
1.4 wheriz shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. wheriz is entitled to remove any illegal or prohibited data and/or information from wheriz Web sites without prior notice to the User.
1.5 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the wheriz web sites. wheriz shall nonetheless endeavor to keep wheriz Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond wheriz's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on wheriz web sites.
1.6 wheriz merely provides the User with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regards content, wheriz does not take part in any communication between users. If users enter into agreements with one another over wheriz Web sites, wheriz shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. wheriz shall not be held liable if users are unable to contact one another over wheriz Web sites regarding such agreements. Furthermore, wheriz shall not be liable for breaches of duty in relation to agreements entered into between users.
1.7 Group moderators are entitled to choose their members. They may freely choose whether or not a user may join their group.
1.8 Unless otherwise expressly defined, partner offers via PremiumWorld are only available to Premium Members and/or for Member Groups freely defined by wheriz.
wheriz shall merely acts as intermediary in the case of agreements entered into with partners.
Applying to these partner offers are the General Terms and Conditions and the privacy policies of the respective partner companies that carry out the complete transaction themselves and are a party to an agreement with and serve as the contact for the User.[top]
2.1 Users must register prior to using any of the services on the wheriz web sites.
2.2 The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to wheriz without undue delay.
The User shall not use pseudonyms or pen names.
2.3 The User warrants and represents that he or she is of legal age at the time of registration.
2.4 The User shall choose a password upon registration. The User is obliged to keep this password secret. wheriz shall not disclose the password to any third party and wheriz shall not ask for the User's password at any time.
2.5 By completing the registration process, the User consents to enter the agreement to use the services of the wheriz web sites. wheriz accepts this offer by activating the membership for the use of services on wheriz web sites. The agreement takes effect with the aforementioned acceptance by wheriz.
2.6 Each User is entitled to register with wheriz only once, and the User may only establish one (1) user profile.
2.7 It is technically impossible for wheriz to determine with certainty whether any user registered with wheriz is in fact the person he or she represents to be. Therefore, wheriz assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.[top]
If a user is registered at wheriz for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the law:
3.1 Right of cancellation
The User may cancel registration for the Free or Premium Membership in writing (e.g. by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins when membership is activated by wheriz, but not before the receipt of these instructions.
Furthermore, the User may cancel registration for the Premium Membership in writing (e.g. by post, fax or email) within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership. The two-week period begins when Premium Membership is activated by wheriz, but not before the receipt of these instructions.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the aforementioned cases, the cancellation notice should be sent by post to wheriz, Barcelona. The User may deliver notice of termination using the contact form available at all wheriz web sites, or by sending a fax or letter to wheriz. The fax number and email address of wheriz are sent to the User upon registration and can be found at http://www.wheriz.com/misc.php?show=credits.
The User's right of termination under section 6 shall not be affected by the User's cancellation right under this section 3.
3.2 Premature lapse of the right of cancellation
The User's right of cancellation lapses before the end of the right of cancellation period cited in section 3.1, in the following cases.
If wheriz has begun performing the wheriz services for which the User is registered with the express consent of the User, or
If the User has initiated the wheriz services for which the User is registered (e.g. in which the User has accessed the wheriz services that wheriz has made available to the User in accordance with the type of Membership chosen by the User at registration).
3.3 Consequences of cancellation
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to wheriz, then the User must reimburse wheriz for the corresponding value. The User must fulfill obligations for reimbursement within 30 days after dispatch of the cancellation notice.[top]
4.1 The User is obliged,
4.1.1 To provide only true and non-misleading statements in the User profile and in communications with other users, and to refrain from using any pseudonyms or pen names.
4.1.2 To post on the wheriz web sites only photographs of the User which are not more than five (5) years old and in which the User can be clearly and plainly recognized. The User warrants and represents that the public display of the photographs delivered by the User to the wheriz web sites is not prohibited. The User shall not upload any photographs or images of any other person than of the User, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.). The photographs delivered by the User shall not contain any company logos. The exception in this case are photos of wheriz employees.
Group logos that contain company logos are also not permitted. Premium Groups are exempt from this rule, however.
4.1.3 To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not
Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or wheriz personnel or other companies
Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors
Unreasonably annoy (particularly with spam) any other user
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
4.1.4 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:
Sending chain letters
Sending identical private messages to more than one (1) user at the same time
Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or
Communicating in any insinuating or sexual way (suggestive or explicit).
4.2 The User is prohibited from the following:
Employing any mechanisms, software or scripts when using wheriz web sites. However, the User may use the interfaces or software provided by wheriz within the scope of the services available on the wheriz web sites.
Blocking, overwriting, modifying and copying of any contents of the wheriz web sites, unless said actions are necessary for the proper use of the services on the wheriz web sites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
Distributing or publicly disclosing the contents of any of the web sites of wheriz or any other user
Performing any actions which may impair the operability of wheriz's infrastructure, particularly actions which may overload said infrastructure.[top]
wheriz reserves the right to modify the services offered on the wheriz web sites and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.[top]
6.1 The User may terminate the Free Membership at any time without cause. The User may deliver notice of termination using the contact form available on all wheriz web sites at any time. The termination notice shall include the User’s registered name and an email address of the User registered on one of the wheriz web sites.
6.2 The User may terminate without cause the Premium Membership to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The user may deliver notice of termination using the contact form available on all wheriz web sites, or by sending a fax or letter to wheriz. The termination notice shall include the registered name of the User and an email address of the User registered on the wheriz web sites. If the User has terminated the Premium Membership, the User is entitled to retain a Free Membership until such termination takes effect. The provisions of this section 6.2 shall not affect the right of both parties to terminate the agreement for good cause.
6.3 A good cause is defined as an event which makes it unacceptable for wheriz to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of wherizainst the User's. A good cause includes any the following events:
If the User fails to comply with any applicable legal provisions
If the User breaches a contractual obligation, in particular an obligation set forth in sections 2 and 4 of these GTC
If the reputation of the services offered on the wheriz web sites is substantially impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);
If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
If the User causes harm to any other user(s)
If the User is a member of a religious sect or a denomination that is controversial in España.
6.4 In the event of a good cause in accordance with section 6.3 and notwithstanding wheriz's right to terminate the contract in accordance with section 6.3, wheriz is entitled to:
Delete the contents posted by the User
Issue a warning, or
Block the User's access to the services on the wheriz web sites.
6.5 In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:
If wheriz has terminated the contract for good cause pursuant to section 6.3,
If wheriz has blocked the User’s access in accordance with section 6.4, or
If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to wheriz.[top]
7.1 wheriz does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the wheriz web sites or on any external websites linked to them. In particular, wheriz does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
7.2 The User may report any activities of any other user which violate applicable laws adn/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at all wheriz web sites.[top]
Queries regarding agreement with wheriz or regarding wheriz services can be sent by the customer to wheriz using the contact form available at all times on all wheriz web sites, or by sending a fax or letter.[top]
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against wheriz (including its vicarious agents) shall exist only if wheriz breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by wheriz's business liability insurance, provided the insurance company has effected payment to wheriz. wheriz undertakes to maintain the insurance coverage existing at the time this agreement is concluded.
This shall not affect personal injury and property damage claims based on the Spanish Product Liability Act.[top]
10.1 The User shall indemnify and exempt wheriz from all actions, including damage claims, asserted by other users or third parties against wheriz resulting from an infringement of their rights by the contents posted by the User on wheriz web sites. Furthermore, the User shall indemnify and exempt wheriz from all actions, including damage claims, asserted by other users or third parties against wheriz resulting from an infringement of their rights regarding the use of the services on wheriz web sites by the User. The User assumes all reasonable costs wheriz incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by wheriz, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
10.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at wheriz's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of wheriz web sites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by wheriz.[top]
wheriz recognizes that any data provided by the User to wheriz is extremely important to the User, and wheriz shall therefore be particularly sensitive in handling such data. wheriz shall comply with all applicable legal provisions regarding data protection (Spanish Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, wheriz shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on wheriz's treatment of the User's data are set forth in the Data Protection Policy of wheriz accessible from each of the wheriz web sites.[top]
When the User posts his or her contribution to a forum, the User grants wheriz an unlimited, irrevocable and assignable right of use for the respective contribution, which wheriz is entitled to utilize for any purpose. In particular, wheriz is entitled to keep said contribution on the forum, and on its web sites and the web sites of its partners, or use it for marketing the forum in any other way.
Consequently, wheriz has a right of use over all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of wheriz. Copying, downloading, dissemination, distribution and storing of the contents of wheriz and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.[top]
13.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
13.2 wheriz reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. wheriz shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. wheriz shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
13.3 Unless otherwise stated in these GTC, the User may submit all notices to wheriz using the contact form provided on each of the wheriz web sites, or by letter or fax. wheriz may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.
13.4 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
13.5 The place of performance under these GTC shall be wheriz's main place of business.
13.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of wheriz.
13.7 These GTC and the contractual relationship shall be governed by Spanish Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Spanish Law.[top]