
The following terms and conditions set the relationship between Telecom Argentina S.A. (“TELECOM”) and the user (“CLIENT”) for the use of “Arnet WIFI Virtual Cards” and for the use of wifi access service ARNET, both provided by TELECOM for personal use of the CLIENT (hereinafter referred to as the “Arnet Wifi Virtual Card SERVICE” and the “Arnet WIFI SERVICE”, respectively, and together, the “SERVICES”).
Clicking “accept” and/or using the SERVICES by the CLIENT implies acknokwledgment and acceptance of all provisions detailed herein.
A. PARTICULAR CONDITIONS
I. CARD ACQUISITION
The CLIENT will be able to subscribe to the from the airports of
Aeropuertos Argentina 2000 S.A. as follows: Ezeiza, Buenos Aires City;
Jorge Newbery, Buenos Aires City; Mar del Plata, Province of Buenos
Aires; San Fernando, Province of Buenos Aires; Bariloche, Province of
Rio Negro, Cordoba, Province of Cordoba; Resistencia, Province of
Chaco; Mendoza, Province of Mendoza, Salta, Province of Salta; Tucuman,
Province of Tucuman; Rio Gallegos, Province of Santa Cruz, Rio Grande,
Province of Tierra del Fuego; Comodoro Rivadavia; Province of Chubut;
Neuquen, Province of Neuquen; Santiago del Estero, Province of Santiago
del Estero and shall be able to surf at TELECOM hot spots located at
departure lounges and in the dinning rooms of mentioned airports.
II. TYPE OF CARDS, PRICES AND VALIDITY
The CLIENT shall choose any of the following virtual cards: (i) Arnet
WIFI Card 2hs., 2 hours of connection, unit price $20 VAT included,
valid 24 hours from the date of the first log in; (ii) Arnet WIFI Card
4hs., 4 hours of connection, unit price $40 VAT included, valid 24
hours from the date of the first log in; (iii) Arnet WIFI Card 6hs., 6
hours of connection, unit price $60 VAT included, valid 7 days from the
date of the first log in; (iv) Arnet WIFI Card 48hs., 48 hours of
connection, unit price $100 VAT included, valid 30 days from the date
of the first log in. All the cards shall be used for the first time at
until 31/12/2010, term in which shall they expire.
III. PROCEEDING TO CONNECT TO INTERNET FROM A NOTEBOOK, NETBOOK O PALMTOP WITH WIRELESS TECHNOLOGY
The CLIENT shall have the possibility to access the Arnet Wifi Virtual
Card SERVICE, by means of the electronic payment of such service with
any national credit card or with the following international credit
cards: Diners, American Express and Visa. To access to the Arnet Wifi
Virtual Card SERVICE the client should follow the following procedure:
a) initiate the explorer (IE or Netscape); b) select the option
“electronic payment / pay now”; c) fill in the information required; d)
accept the terms and conditions of the service; e) confirm the
transaction; f) save the user name and the password; g) fill in user
name and password.
IV. LIABILITY
TELECOM shall not be liable for the impossibility to log in to Arnet
Wifi Virtual Card SERVICE due to problems with selected credit cards or
for technical problems of required electronic equipment to access
Internet. TELECOM does not guarantee maximums or averages of surfing.
Once suscribed to the Arnet Wifi Virtual Card SERVICE, the CLIENT shall
receive an email containing the details of Arnet Wifi Virtual Card
SERVICE, the amount to be debited of the credit card and the procedure
to request the invoice.
V. CUSTOMER SERVICE
Technical Assistance shall be available all days 24 hours a day. Please
contact 0800-555-9999 and mention user login as Client Number. See
corporate conditions and service details of Arnet Wifi Virtual Card
SERVICE at www.arnet.com.ar.
VI. CONDITIONS OF USASE
Available at www.productos.arnet.com.ar/wifi, which are accepted with present particular conditions.
B. GENERAL CONDITIONS
Arnet Wifi local and international access shall be offered by
authorized providers; the service of WIFI High Speed connection, that
enables the user to gain access to Internet through ARNET, shall be
provided by TELECOM. The techincal and commercial specifications are
available at www.telecom.com.ar.
I. CLIENT
CLIENT is any individual or legal person who purchases Arnet Wifi
Virtual Card SERVICE accepting these conditions. The condition of
CLIENT is personal and not transferable, the client shall not reveal
the access password and/or the account to third parties.
CLIENT Information: The information that do not require prior consent
for recolection, treatment, and assignment, as set forth in article 5
interjection 2, sub interjection c), and article 11, interjection 3,
sub interjection b of Law 25,326 for Personal Data Protection, shall be
used by TELECOM, o third parties that TELECOM shall delegate, for
marketing purposes, with no need of any prior notification or
authorization of the CLIENT. In case the CLIENT wants to become
acquainted with information on the identification on the third party
with access to files, he shall request it to TELECOM by written notice,
or though the same media as the CLIENT contracted the service.
II. CLIENT OBLIGATIONS
The CLIENT shall have and maintain, at his sole expense, the following
minimum equipment to gain access to Internet: Laptop, Netbook o
Notebook with Wireless technology, being setted according to required
indications.
The CLIENT is fully responsable for the good use of Arnet Wifi Virtual
Card SERVICE, and shall reimburse TELECOM with all expenses incurred
due to inadequate uso.
III. TERMS OF USE
The CLIENT commits not to use the Arnet Wifi Virtual Card SERVICE, in
any fraudulent, deceptive way in order to obtain personal information
of third parties to commit phishing. The CLIENT shall fulfill the
acceptable use policy of the SERVICE published by TELECOM at
www.arnet.com.ar.
It
is forbidden the sending of harmful programs or programs which contains
any kind of virus through the Arnet WIFI SERVICE, and to use the Arnet
WIFI SERVICE to a different purpose than the particular use, being
forbidden its total or partial commercialization, as well as any other
use which implies profit.
It is also
forbidden the transmission of information and/or the use of the Arnet
Wifi Virtual Card SERVICE in a way which attempts or violate third
parties rights, the moral and the norms of good behavior of the present
regulation. In addition, it is forbidden the transmission of illegal,
malicious or slanderous material or information owned by third parties,
including registered trademarks or information regarding patents
without the express consent of the owner of such information.
In case the CLIENT breaches any of the terms of use or any of its obligations, TELECOM shall terminate the agreement notifying the CLIENT such decision and with the right to claim the aggregate amount as damages caused by the CLIENT.
The communications that
TELECOM address to the email of the CLIENT in relation with the Arnet
Wifi Virtual Card SERVICE, shall be considered fully valid and received
as from the hour cero of the following working day of the sending of
the email, regardless the receiver has opened or read the message.
The CLIENT shall maintain a sufficient level of safety of the equipment in order to avoid any of the acts described set forth by any third party.
According to the Resolution of the Secretariat of the Mining and Commerce Industry N° 906/1998 the client has right to terminate the present commercial operation (by acquisition of goods and/or provision of services) during the term of five (5) consecutive days, as from the date of the delivery of the good or of the execution of the agreement, the last event that occurs, without any liability. This right can not be exempted or resigned. The CLIENT shall communicate with confirmed notification the termination to TELECOM and shall place the good at disposal of TELECOM. The expenses regarding the returning are in charge of TELECOM. In order to execute the right of termination, the CLIENT shall place the good at disposal of TELECOM in the same condition as received. TELECOM shall return the CLIENT the amounts received as price of the agreed service.
IV. LIABILITY
TELECOM shall not be liable for the use of the Arnet Wifi Virtual Card
SERVICE by the CLIENT, regarding the real needs of the CLIENT.
TELECOM
shall not be liable for the direct or indirect damages, including loss
of future earnings, caused by the CLIENT and/or third parties as a
consequence of possible fault in the provision of the Arnet Wifi
Virtual Card SERVICE not directly imputable to TELECOM, as low speed of
access of third parties web sites, surfing on the Internet,
interruption of the services, errors in the messages or in the obtained
information etc. TELECOM shall not be liable for the damages caused by
the CLIENT in connection with the data or the material obtained through
the Arnet WIFI SERVICE.
The
CLIENT is liable for all the consequences of the usage of the SERVICES
as long as the SERVICES is used in violation of third parties rights
and/or attempted against the privacy of such rights. In case the Arnet
Wifi Virtual Card SERVICE is used by third parties, the CLIENT shall be
liable against TELECOM for the usage of such SERVICE.
The
use, by the CLIENT or by third parties, of the services of Internet by
means of which it result or may result a breach to eventual
intellectual rights of third parties, shall be in charge and at the
expense of the CLIENT.
The
CLIENT shall indemnify TELECOM and any other third party for the
damages caused as a consequence of the illegal usage of the SERVICE, by
the CLIENT and its agents, employees or persons related.
The
access and the use of the password is responsibility of the CLIENT. The
CLIENT must maintain the confidentiality of the password, assuming all
the liability for the usage of the Arnet Wifi Virtual Card SERVICE by
any third party as a consequence as the disclosure of such password.
The CLIENT must also change form time to time the password in order to
assure the confidentiality of the same.
It
is forbidden the commercialization, assignment, lease or sublease of
the Arnet Wifi Virtual Card SERVICE, as well as sharing or transferring
the Arnet Wifi Virtual Card SERVICE to third parties.
V. APPLICABLE LAW
To the effects of the set forth particular and general conditions it shall be applicable the Argentine Laws.
Address of TELECOM
TELECOM has its offices at Alicia Moreau de Justo 50, City of Buenos Aires
VI. INVADILITY OF A CLAUSE
f any of the provisions set forth in these particular and general
conditions be declared total or partially null, it shall not affect the
validity of the rest of the conditions.
Telecom Argentina S.A. Alicia Moreau de Justo 50 City of Buenos Aires. CUIT 30-63945373-8.