GENERAL CONDITIONS FOR THE USE OF THE CORPORATE WEBSITE OF VIVA MOBILE

1. OBJECT. The object of these general conditions is to regulate the use that the users may make of Viva Mobile’s corporate website, which is currently located at www.vivamobile.eu (hereinafter the Corporate Website); notwithstanding this, certain services or contents within the Corporate Website are subject to their own conditions.

2. AUTHENTICATION. Viva Mobile can establish different systems on the Corporate Website so that the users of the Corporate Website are authenticated via previously requested details or PINs and passwords, ..
In the event that Viva Mobile authenticates the users via PINs and passwords, both the PIN and the password shall belong exclusively to the party to whom they are granted. The user must keep under their exclusive responsibility both the PIN and the password strictly and absolutely confidential, accepting therefore all damages or consequences which may derive from breach of secrecy or disclosure of the secret.

3. USE OF THE INFORMATION. The intellectual property over the information, data, contents, databases, designs, source codes, browsing structures and other telematic services or products integrated into the Corporate Website or those to which Viva Mobile allows access, as well as over the products possibly deriving from it and the user manuals are exclusively owned by Viva Mobile, its suppliers or the respective titleholders as appropriate, and as such the user undertakes not to infringe any right deriving from the industrial or intellectual property, and is expressly prohibited from totally or partially reproducing them, public communication, distribution or any form of exploitation, or using inverse engineering or transformation techniques, except with the prior written consent from Viva Mobile. The user undertakes not to use the facilities and capacities of the Corporate Website in order to perform or suggest activities prohibited under the law or to try to attract the users towards other competing services. The user is furthermore responsible for extending compliance with these clauses to all persons authorised by them to use the service. The user is also bound to respect the restrictions on the use of each of the services and access to other networks (said restrictions shall be communicated by Viva Mobile or the information provider).

4. CONTRACTING SERVICES THROUGH THE CORPORATE WEBSITE. In order to contract services through the Corporate Website, the User shall have to completely and accurately complete the obligatory information requested by Viva Mobile. In order that the user is aware of the conditions of the services or contents that they wish to access, Viva Mobile shall detail before contracting each service the specific conditions under which it shall be provided. Said conditions must be accepted by the user in order for the contract to become effective. In the case of use of the tools made available to third parties on the Corporate Website by Viva Mobile in order to enter the contracting details of Viva Mobile clients, the individual or legal entity introducing said details must have previously obtained the consent from the interested parties for the purpose for which their details are introduced.

5. OPERATION OF THE CORPORATE WEBSITE. Viva Mobile can perform the modifications which it deems appropriate to the Corporate Website, and can include additional services and contents to the current ones or, of applicable, remove them. Viva Mobile can modify the Corporate Website when it deems appropriate and can block access to all or part of its users in order to perform the modifications or repairs that it deems necessary at any time. Under no circumstances shall Viva Mobile be responsible for the inadequate operation of the system if this is due to a defective configuration of the user’s equipment or to its insufficient capacity in order to support the I.T. systems essential in order to be able to use the service. Viva Mobile undertakes to make every effort in order to keep the information and contents that it introduces into the Corporate Website up to date, although the user is aware that there may be inaccuracies in the contents and services included in the Corporate Website which Viva Mobile shall when appropriate correct as soon as possible after it becomes aware.

6. RESPONSIBILITY DERIVING FROM THE USER’S USE OF INTERNET AND THE CORPORATE WEBSITE. Viva Mobile shall not under any circumstances be responsible for the User’s use of the Corporate Website. The user shall abstain from any behaviour in the use of the corporate website or the resources made available to them which is against the intellectual or industrial property rights of Viva Mobile or third parties, which violates or infringes the honour, personal or family privacy or image of third parties, or which are unlawful or against morality and shall in any event keep Viva Mobile unaffected from any judicial or extrajudicial claim which is made against them as a result of said use.
The user shall abstain from performing through any medium any destruction, alteration, disablement or damage to the data, programmes or electronic documents belonging to Viva Mobile, its suppliers or third parties, as well as introducing any physical or electronic instrument which causes or may cause any type of alteration to the Network, the system, or third parties’ equipment. It is expressly prohibited to delete or modify the email messages from other users, to send massive email messages for commercial purposes or advertising, as well as performing any type of activity or practice which infringes the principles of good conduct generally accepted amongst Internet users.

7. RESPONSIBILITY FOR ACCESSING OR INTRODUCING CONTENTS WHICH CIRCULATE ON THE INTERNET. The user expressly excepts to keep Viva Mobile unscathed from any liability related to the quality, accuracy, truthfulness, correction or morality of the data, programmes, information or opinions, whatever their origin, which circulate on its networks or the networks which the user may access through its Corporate Website, as well as if applicable the information that the user introduces onto the Internet through the Viva Mobile network. The user accepts under its exclusive responsibility the consequences, damages or claims which may derive from accessing the contents or information as well as their reproduction or diffusion. Viva Mobile shall not be liable for the infringements of any user which affect the rights of other users, Viva Mobile or third parties, including copyright, trademarks, patents, confidential information and any other intellectual or industrial property rights. Viva Mobile can cancel access to the Corporate Website to the users which breach the user conditions established in this document.

8. INCLUSION OF LINKS. Viva Mobile shall not be responsible for the information that the user may access through the links and content search instruments included on its Corporate Website, unless it is actually aware of the fact that the activity or information to which it refers is unlawful or that it harms the goods or rights of a third party which can give rise to compensation and it does not act diligently in order to remove or disable the corresponding link. It shall be considered that Viva Mobile is actually aware of that referred to in the previous sentence when a competent body has declared the data unlawful, ordering its withdrawal or that access to it is made impossible, or the existence of harm has been declared, and Viva Mobile is aware of the corresponding decision, without prejudice to the content detection and withdrawal procedures which may be applied by virtue of voluntary agreements between service providers and other effective awareness methods which may be established.
The liability exemption shall not operate in the case that the target of the service acts under the direction, authority or control of Viva Mobile.

9. DISTINCTIVE SIGNS. All distinctive signs, such as trademarks, commercial names, etc. which appear on the Corporate Website are protected by the currently in force trademark legislation, and as such the users can not perform any reproduction, communication, operation or use of them, unless they have the prior written consent of their owner.

10. CONFIDENTIALITY AND DATA PROTECTION. Viva Mobile informs the users of the webpage that the companies in the Viva Mobile Group respect the current personal data protection legislation, the privacy of the users and the secrecy and security of the personal data, adopting therefore the technical and organisational measures necessary in order to prevent the unauthorised loss, improper use, alteration, access and theft of the personal data provided, taking into account the state of the technology, the nature of the data and the risks to which it is exposed.
Specifically, Viva Mobile informs the user of the webpage that their personal data can only be obtained for their treatment when it is appropriate, suitable and not excessive in relation to the determined, explicit and legitimate scope and purposes for which it has been obtained and that it  will be cancelled when it is not necessary or appropriate any more for said purpose, or when thus requested by the owner exercising their right to cancellation.

When personal data is gathered through this webpage, the user shall be informed beforehand in a clear and unequivocal manner of the following issues:

· Existence of a personal data file or treatment, purpose of the collection and recipients of the information.
·Entry of the file in the Registry of the Data Protection Agency.
· Obligatory or discretionary nature of the responses to the questions which may be made, as well as the consequences of the obtaining of the data or the refusal to supply it.
- Possibility to perform the rights to access, correct, cancel and oppose.
- Identity and address of the party in charge of processing the data. The user shall be the only party liable for completing the forms with false, inaccurate, incomplete or out of date data.

Any cession to third parties of the personal data of this webpage’s users shall be duly communicated to the affected parties indicating the identity of the assignees and the purpose for which the ceded data is going to be processed.

11. USE OF COOKIES. A user’s browsing process on the webpage just like any other website leaves as a trail the IP address assigned to the user in that session by their Access Provider. The registry of said IP address is used exclusively for internal purposes, like the access statistics for this website. The IP address for one user is different to another’s Internet connection, and as such it is impossible to deduce any browsing “habit” via Viva Mobile’s webpage for a certain user. Viva Mobile may use cookies when a user browses through its sites and webpage. The cookies which can be used on Viva Mobile’s sites and webpage are only associated with the browser of a specific computer (an anonymous user), and do not in themselves provide any personal details about the user. The cookies are only used for exclusively internal purposes, like this websites access statistics. The cookies used can not read the cookie files created by other providers or websites. The User is able to configure their browser in order to notified on the screen when cookies are received and to prevent cookies being installed on their hard drive. In order to browse Viva Mobile’s webpage the user does not have to allow the installation of the cookies sent. 
The cookies which are used on Viva Mobile’s webpage can be sent by Viva Mobile, in which case they are sent from the different servers that it operates, or from the servers of certain third parties who provide services to Viva Mobile and which sent the cookies on behalf of Viva Mobile, like for example the cookies that are used to send advertising or certain contents and make the user view the advertising or certain contents at the time, number of time and predetermined manner through the company’s advertising servers. Provided that the option has not been activated which prevents cookies from being installed on their hard drive, the user can explore their hard drive following the instructions manual and help from their operative system in order to find out more about each server which sent the cookies.

12. DISPUTE RESOLUTION. Viva Mobile and the user, expressly waiving any other jurisdiction, submit themselves to the courts and tribunals of the user’s domicile in order to settle any dispute which may derive from accessing this web. In the event that the user has its domicile outside of Spain, Viva Mobile and the user submit themselves, expressly waiving any other jurisdiction, to the Courts and Tribunals of the city of Bilbao.

EUSKALTEL, S.A.
Parque Tecnológico Edificio 809
48160 Derio (Vizcaya)
Inscrita en el Registro Mercantil de Vizcaya, Tomo 3.271, Folio 212, Hoja BI-14727, inscripción 1ª.
CIF: A-48766695