User’s undertaking and responsibilities
General terms and conditions of ViniSPOT Wi-Fi access provided by ONATi are available on www.vini.pf website and on log-in service page.
Everyone who gets access to ViniSPOT service acknowledges and agrees with these terms and conditions.
Service Access Codes
The Access Codes Users use to identify themselves and log onto the Service are personal and confidential.
Users undertake to keep their Access Codes secret and refrain from disclosing them in any form whatsoever.
The Access Codes give Users personalised, exclusive access to the Service.
Accordingly Users must refrain from giving them to third parties. Users shall be held fully responsible for any access to the Service obtained through the use of their Access Codes. ONATi disclaims all responsibility on this account. In the event of the loss or theft of the Access Codes pertaining to ViniSPOT prepaid cards offers, the User must inform ONATi to this effect via the hotline support service as soon as possible so that ONATi can cancel the Access Codes.
Specific obligations in relation to the Internet
In relation to use of the Internet, Users should be aware that data conveyed on the Internet may be protected by intellectual property rights, literary or artistic copyright, or may infringe the legal provisions in force.
Users shall therefore refrain from transmitting over the Internet any information that is prohibited, illicit, illegal, contrary to public decency or law and order, and infringing, or likely to infringe, the rights of third parties and in particular intellectual property rights, literary or artistic copyright.
Users shall refrain from any fraudulent, improper or excessive use of the Service, such as the voluntary or involuntary congestion of email servers and/or email inboxes by unsolicited commercial email (spamming, bunk e-mail, junk e-mail or mail bombing), or of its network, or the sending of attractive messages that necessarily generate a substantial number of replies (teasing or trolling) and are therefore likely to disrupt the availability of said servers or network.
Any complaints about the performance of services or the sale of products over the Internet network shall be sent by Users directly to the content providers concerned.
Users should be aware of the nature and variety of content available over the Internet network and the fact that some content may be harmful for minors.
User’s responsibilities
Users are solely responsible for any direct or indirect damage, either material or immaterial, caused to third parties as a result of their own use of the Service.
Users are solely responsible for use of their Access Codes. Any use of the Service (data transmission, etc.) obtained by using a User’s Access Codes shall be deemed to have been performed by the User, in the absence of evidence to the contrary.
Undertaking and responsibilities of VINI
ONATi employs all the means at its disposal to provide access to the Service to which the User has subscribed.
ONATi shall not be responsible for the content accessible over the Internet network or the damage that may arise from its use, unless such damage was intentionally caused by VINI.
Given the confidential nature of private correspondence and applicable legal provisions on the matter, ONATi exercises no control over the content or the characteristics of the data received or transmitted by Users over its network and/or over the Internet network. However, to ensure the proper VINIgement of its Internet access system, ONATi reserves the right to delete any message or bar any operation by Users likely to disrupt the proper operation of its network or the Internet network, or not abiding by the operating rules, legal provisions, ethical rules or the code of professional conduct.
At the request of the public and/or judiciary authorities, the rule of confidentiality may be dispensed with, within the limits of the law.
ONATi shall not be held responsible for the use made of any data and information Users may have released over the Internet network.
ONATi disclaims all responsibility with regard to the consequences of fraudulent, improper or excessive use of the Service by Users, such as in particular the voluntary or involuntary congestion of VINI’s email servers or User’s email inboxes by unsolicited commercial email (spamming, bunk e-mail, junk e-mail or mail bombing), or of its network, or the sending of attractive messages that necessarily generate a substantial number of replies (teasing or trolling) and are therefore likely to disrupt the availability of said servers or network.
The responsibility of ONATi shall not be incurred in the following legitimate cases :
- In the event that Users use material not approved by VINI,
- In the event that a Wireless-LAN network card (IEEE 802.11a/b/g et/ou n) is incompatible with, or fails to function with, ViniSPOT network (notably because the set-up of the laptop computer or Wireless-LAN network card differ from those implemented on the network).
- In the event of incompatibility or of dysfunction with systems of transport or applications installation and/or exploited by thirds. The possibility of sending mails by using software of transport since the network ViniSPOT access depends on the supplier of transport chosen by the User, certain suppliers not authorizing the sending of mail since another network only theirs. It is up to the User to refer to information relating to the configuration of its software of transport near its Supplier of Access Internet, declining ONATi any responsibility for this head.
- In the event of incorrect use of the Service by Users,
- In the event of an incorrect installation and/or an incorrect configuration and/or a fault in Users’ laptop computers or PDAs and/or the Wireless-LAN network card (IEEE 802.11a/b/g et/ou n),
- In the event of Users’ non-compliance with their obligations,
- In the event that the Internet does not provide access to an enterprise virtual private network,
- In the event that the Service is used by an unauthorised person following the disclosure, loss or theft of the Access Codes associated with each ViniSPOT prepaid card, and not by the fault of VINI,
- In the event of service disruptions or outages,
- In the event of total or partial disruptions and/or unavailability, and/or the outage of all or part of the services offered on the networks operated by third-party operators,
- In the event of force majeure as defined by the jurisprudence of the Court of Cassation.
For the purposes of these Terms of Use, ONATi shall not be implicated in any disputes that may oppose Users to third parties.
Force Majeure
ONATi shall not be responsible for the failure to perform, or the partial performance, of its obligations if the said failure to perform or partial performance results from an event independent of its wishes or over which it has no control, or in the event of force majeure.