These General Terms and Conditions (hereinafter “General Terms”) govern the use of the services rendered by Wamba.com, made available to Users by Wamba Project SL
(hereinafter “Wamba”) through its platform..
Wamba is domiciled in Jaime III Street, 5, 4th B, Palma de Mallorca, Balearic Islands, Spain, P.C. 07012, CIF Nº B-57425399, registered in the Mercantile Registry of Palma de
Mallorca, Section 8, Sheet 55007.
By completing the registration process in Wamba, you become a “User”. This implies the full acceptance, without any reservation whatsoever, of all and each one of the
regulations included in Wamba’s published version at the time the user accesses Wamba.com. Therefore, the User is advised to read said regulations regularly, since they
may be modified. Moreover, the User status implies the full acceptance, without any reservations whatsoever, of Wamba.com’s Privacy Policy.
The use of certain services offered to Users through Wamba.com are subject to specific regulations (hereinafter “Specific Regulations”) which, depending on the case, may
substitute, complement or modify these General Terms. Therefore, before using said services, Users are advised to read the aforementioned Specific Regulations.
In order for Wamba.com to function properly, the User should use:
Browser • Internet Explorer 6.0 or higher
• Firefox 1.0 and higher Plugins
• Flash Player 8 y superiores
1. Minimum age required for registration.-
The use of the services rendered by Wamba.com requires Users to be at least
fourteen (14) years old.
Under no circumstance shall any of the services provided by Wamba.com be used by people under fourteen, not even through an account owned by a User properly registered
(fourteen or older).
2. Free access to and use of Wamba.com.-
The main services offered by Wamba.com to Users are free. However, certain services provided by Wamba or by third parties through Wamba.com are subject to a fee, as
described in the corresponding Specific Regulations.
3. Personal Information.-
The User is solely responsible for the information included in his/her personal profile. Moreover, the User is solely responsible for the details and information exchanged while
communicating with other users. Clearly, Wamba is not able to extensively control said information. However, if Wamba detects that the User is violating current laws and
regulations, it shall immediately cancel the User’s account.
4. Use of the services provided by Wamba.com.-
The User undertakes to use the services rendered by Wamba.com pursuant to the legislation in force, these General Terms, the Specific Regulations provided for certain
services and any other notice or instruction that might be made available to the User, and without undermining morality and proper consuetudes.
For that reason, the User shall abstain from using any of the services offered by Wamba.com with illegal purposes, or those that might damage the rights and interests of
other Users, third parties or Wamba.
5. Wamba’s Anti-Spamming Policy.-
The User undertakes to avoid any of the following:
(a) collecting data with advertising purposes and allowing advertising of any kind
whatsoever and communications with selling purposes or any other commercial nature.
(b) sharing with third parties, with any purpose whatsoever, the information obtained
in Wamba.com.
Users and third parties harmed by unwanted messages shall inform Wamba by sending a
message to the following email address: spam@wamba.com
6. Contents provided by Users.-
The User may upload contents to Wamba.com with the object of making them available
for other Users and/or Wamba.com visitors.
The User shall be solely liable for the contents published by him/her in Wamba.com and/or sent to other Users. Therefore, the User guarantees that he/she is the owner of the
copyrights necessary to publish and make available to other Users and visitors the contents posted in Wamba.com. Moreover, the User guarantees that he/she is entitled to
grant an irrevocable, perpetual, non-exclusive, international, free license to copy, construe, show and distribute the content published in Wamba.com, and create new works
or incorporate the contents to other works, as well as to grant and authorize licenses concerning all of the above.
Particularly, and as way of example but not limited to, the User undertakes not to
transmit, distribute or make available to third parties contents that:
(a) may be in any way contrary to, in detriment of or harmful for the basic rights and civil liberties acknowledged in the constitution, international treaties and all other laws
currently in force.
(b) lead to, incite to or promote illegal, degrading, defamatory, offensive, violent
or, in general, actions, attitudes or ideas contrary to law, morality and
proper consuetudes.
(c) lead to, incite to or promote discriminatory actions, attitudes or ideas
concerning sex, race, religion, beliefs, age or condition.
(d) incorporate, make available or allow access to illegal, violent, offensive, harmful, degrading, or in general, contrary to law, morality and proper consuetudes, products,
elements, messages and/or services.
(e) lead or may lead third parties to an unacceptable state of anxiety or fear.
(f) are protected by any copyrights whatsoever, owned by third parties, when the User has not the necessary previous consent of the rightful owners for the use he/she makes
or intends to make of them.
(g) are contrary to the right of honor, individual and family privacy or people’s image.
(h) violate the regulations concerning communication confidentiality.
(i) are connected with the advertising of sites that are considered competitors of Wamba.com
or its sponsors.
(j) include illegal, fraudulent or unfair advertising.
(k) contain a virus or other elements that may damage or prevent the proper functioning of Wamba’s network, system or equipments, or those owned by third parties or other
Users.
(l) may cause, due to its features (such as format, extension, etc.), difficulties in the normal functioning of the services; Wamba reserves the right to eliminatefrom
Wamba.com all those contents that do not abide by these General Terms, the Specific Regulations that may be established for each particular caseand/or the legislation in
force. Under no circumstance whatsoever shall Wamba be liable for giving explanations to the User about the removal of the contents from Wamba.com.
The User shall not access the contents through programs, means or procedures
different from those that, depending on each case, were provided for such
purpose.
7. Copyright
All the brands, trademarks, logos, distinctive signs of any kind whatsoever depicted in Wamba.com are property of Wamba or third parties, and the use of and access to
Wamba.com and the use of its services does not grant the User any rights over said brands, trademarks, logos and distinctive signs.
Furthermore, the contents that are property of Wamba.com or third parties, shall notbe transferred to the User, pursuant to these General Terms none of the exploitation rights
that exist now or may exist in the future over said contents, except for the strictly necessary for the correct use of Wamba.com. The only copyrights granted to the User are those
inherent to the use of the services provided by Wamba.com, any kind of commercial usage being strictly banned.
8. Guarantees and liability
8.1 Guarantee and liability concerning the functioning of Wamba.com and its services.
Wamba does not guarantee the availability and continuity of the functioning of and services provided by Wamba.com. Wamba shall make an effort to warn Users, in advance,
of any interruptions in the functioning of Wamba.com or its services, whenever deemed possible. Wamba does not guarantee the utility of Wamba.com and its services for the
completion of any specific activity, nor does it guarantee its infallibility and, in particular, but not limited to, that Users might efficiently use Wamba and its services.
Wamba shall not, to the extent allowed by laws, be liable for the damages of any nature that may be caused by the lack of availability or the non- continuity of Wamba.com and
its services or the discontent caused by the utility Users might have attributed to Wamba.com and its services, the reliability of Wamba.com and its services, and in particular,
but not limited to, the failures in accessing the different pages that are part of Wamba.com.
8.2 Guarantee and liability regarding the functioning of software with reference to
contents, the possibility of a virus and the efficiency of security measures.
Wamba does not guarantee:
(i) the nonexistence of errors or imperfections in the software and contents offered
in Wamba.com.
(ii) the nonexistence of a virus and/or any kind of damaging element both in Wamba.com
and its servers.
(iii) the complete efficiency of the security measures taken by Wamba.com.
Wamba shall not, to the extent allowed by law, be liable for the damages of any nature that might be caused by software or content errors, or the existence of a virus that might
modify the User’s system, documents or files.
Wamba does not guarantee the legitimacy, reliability or usefulness of the contents. Wamba shall not, to the extent allowed by law, be liable for the damages of any nature that
might be caused by the transference, broadcasting, storage,
availability, reception, acquisition or access to contents and, in particular, but not limited to, the damages caused
by:
(a) the violation of any laws, moral principles and proper consuetudes as a consequence of the transference, broadcasting, storage, availability, reception,acquisition or
access to contents.
(b) the violation of copyrights, trade secrets, contracts of any kind whatsoever, rights of honor, individual and family privacy and people’s image, ownership rights and of any
other kind whatsoever owned by a third party due to transference, broadcasting, storage, availability, reception, acquisition or access to contents.
(c) unfair competition and illegal advertising caused by the transference,
broadcasting, storage, availability, reception, acquisition or access to contents.
(d) the lack of veracity, accuracy, completeness, convenience and/or relevance of
the contents.
(e) the inadequacy for any purpose of, and frustration caused by the contents.
(f) the non-fulfillment, default or termination, notwithstanding the cause, of the obligations undertaken by third parties and contracts entered by third parties through or due to
the access to contents.
(g) the vices and defects of any kind whatsoever of the contents transferred, broadcasted, stored, made available, or in any other way transmitted or received, obtained or
accessed through Wamba.com or its services.
8.4 Guarantee and liability concerning the services rendered by third parties
through Wamba.com
Wamba shall not control nor guarantee the non-existence of a virus or other elements in the services rendered by third parties through Wamba.com and that may cause
alterations in the User’s system.
Wamba shall not be liable for the damages of any kind whatsoever caused by a virus and any other harmful elements in the services rendered by third parties through
Wamba.com that may cause alterations in the User’s system.
Wamba does not guarantee the legitimacy, reliability or usefulness of the servicesrendered by third parties through Wamba.com. Wamba shall not be liable for the damages,
of any kind whatsoever that may be caused by the services rendered by third parties through Wamba.com.
8.5 Guarantee and liability concerning the use made by the User of Wamba, its services and its contents.
Wamba does not guarantee that Users will use the services and contents of Wamba.com pursuant to these General Terms and, when applicable, pursuant to the Specific
Regulations, nor does it guarantee that Users will use them efficiently and cautiously. Moreover, Wamba does not guarantee the veracity of the data provided by Users about
themselves both in their profiles and to other Users. Furthermore, Wamba does not guarantee that the contents published by Users in the website abide by these General
Terms, the Specific Regulations and legislation in force.
Wamba shall not be liable for the damages of any kind whatsoever that may arise from the use made by Users of the services and contents, or that may arise from the lack of
veracity, accuracy or relevance of the information provided by Users to other Users about themselves and, particularly, but not limited to, for the damages of any kind
whatsoever that may arise from a third party being superseded by a User through any means of communication in Wamba.com.
9. Report to Wamba.-
If a User, visitor or third party considers certain facts or circumstances to be revealing the illegal nature of any of the contents in Wamba.com or the use of said contents, they
shall contact Wamba through abuso@wamba.com, or through the contact information included in Wamba.com and in these General Terms, indicating: i) his/her particulars
(name, address, telephone and email) and ii) a description of the illegal activity found in Wamba.com and the characteristics that reveal said illegal nature.
10.- Termination and suspension of services
Wamba may terminate or suspend its services at any time, without previous notice,
and cancel the accounts of those Users that do not comply with these General Terms.
11.- Term
The services provided by Wamba through Wamba.com are not subject to a term limit.Nevertheless, Wamba may terminate or suspend its services at any time whatsoever,
notwithstanding the provisions included in the related Specific Regulations. If deemed possible, Wamba shall make an effort to warn Users in advance about the termination
or suspension of any or all its services.
12.- Applicable legislation
These General Terms are governed by the Spanish laws. The construction and settlement of any controversy that may arise from the use made by the User of the services
provided by Wamba.com, shall be subject to the Courts of Palma de Mallorca, Spain.