These Terms and Conditions of Use apply to the use of the Service as defined below. The use of the Service is reserved for clients of Pink Wifi BV, hereinafter to be referred to as Pink Wifi. We advise you to read these Terms and Conditions of Use carefully in order to ensure you are aware of your rights and obligations when making use of the Marketing Wifi Hotspot of Pink Wifi . You can download and print these Terms and Conditions of Use www. Pink Wifi .com/terms.pdf. Pink Wifi makes use of the services of Pink Wifi in relation to the Service. The Privacy Statement of Pink Wifi is therefore (partly) applicable to the Service.

Article 1 Definitions

1.1 In these Terms and Conditions of Use, the following concepts are spelled with a capital letter, both in the singular and in the plural. These concepts are defined as follows: Pink Wifi : the private limited company Pink Wifi BV, with its principle place of business at Havenstraat 87, Heemstede, The Netherlands;
Service: the service provided by Pink Wifi to the User, as described in article 4.1; User: the natural person or legal entity wishing to make use of the Service;
Terms and Conditions of Use: these terms and conditions of use;
Log-in Details: the details provided by the User in order to gain access to the Marketing Wifi Hotspot; Intellectual Property Rights: all intellectual property rights and associated rights such as copyrights, trademark rights, database rights and related rights, as well as rights to knowledge and performances on a par with a patentable invention;
Agreement: the agreement between Pink Wifi and the User with regard to the use of the Service; Party: one party (the User and/or Pink Wifi ) to these Terms and Conditions of Use;
Privacy Statement: the privacy statement of PINK WIFI , available via http://Pinkwifi.info/privacy_policy.pdf;
Peripheral Device: the device with which the User makes a connection with the Marketing Wifi Hotspot;
Router: the wireless network router that Pink Wifi has installed in the location of connection for the purposes of offering the Marketing Wifi Hotspot for use;
Marketing Wifi Hotspot: the connection with the Router that is made available by Pink Wifi for use by the User.


Article 2 General

2.1Pink Wifi and/or PINK WIFI is/are entitled at all times to modify and/or supplement these Terms and Conditions of Use. The most up-to-date Terms and Conditions of Use are brought to the attention of the User before use is made of the Service. If the User continues to use the Service after the modification and/or supplementation of these Terms and Conditions of Use, the User thereby irrevocably accepts the modified and/or supplemented Terms and Conditions of Use. If the User does not agree to the modified and/or supplemented Terms and Conditions of Use, his/her only option is to no longer use the Service.

2.2Parties explicitly reject the applicability of any general or other terms and conditions of the User or of third parties regarding the use of the Service.


Article 3 Conclusion of the Agreement

3.1The Agreement is concluded when the User accepts these Terms and Conditions of Use and uses his/her Log-in Details to log into the Marketing Wifi Hotspot.


Article 4 Use of the Service

4.1The Service offers Users the opportunity to connect to the Internet by means of the Marketing Wifi Hotspot. The Service is explicitly not a public electronic communications service within the meaning of the Dutch Telecommunications Act.

4.2In order to make use of the Service, the User must log in using his/her Social Media /Facebook profile, enter his/her e-mail address or telephone number, or make his/her details available to Pink Wifi in another way. The User is explicitly prohibited from using details other than the User's own personal details. Further information about the details of the User collected when use is made of the Service can be found in the Privacy Statement, http://Pinkwifi.info/privacy_policy.pdf

4.3The User himself/herself is responsible and liable for all actions performed with the aid of his/her Log-in Details.

4.4The User is not permitted to misuse the Marketing Wifi Hotspot. Misuse includes but is not limited to the following:
a. Use that is contrary to any legal obligation, in particular a breach of the copyright of third parties;
b. Use that could result in disruption to the Service;
c. Use of file-sharing programmes;
d.Use of programmes that use a lot of bandwidth, such as video VOIP services.

4.5In the event of a suspicion of misuse within the meaning of article 4.4, Pink Wifi may be legally obliged to inform the appropriate authorities of that suspicion. Details of the User will be passed on to the appropriate authorities if Pink Wifi are legally obliged to do so or see any other reason to do so.


Article 5 Liability and indemnity

5.1The User is liable for all the use that he/she makes of the Service. Whenever Pink Wifi suffer damage as a result of misuse within the meaning of article 4.4 or otherwise, the compensation for damage will be increased by at least €1.500 per instance of misuse causing damage. This does not prejudice the right of Pink Wifi to claim compensation for damage actually suffered.

5.2The User indemnifies Pink Wifi against claims by third parties claiming that the User is infringing and/or has infringed the Intellectual Property Rights of these third parties. 'Claims by third parties' includes but are not limited to claims for compensation of damage, the costs of legal advice, and other costs connected with the claimed infringement.

5.3The User is liable to Pink Wifi for, and completely indemnifies Pink Wifi against, all damage and costs which Pink Wifi may suffer or incurs as a result of (i) an attributable failure in the performance of the Contract on the part of the User, (ii) any action on the part of the User when using the Service, or (iii) an unlawful act. All costs and damage incurred by Pink Wifi which are connected with these or similar claims are to be reimbursed by the User.

5.4Pink Wifi may assume that the User is the actual person logging in with his/her Log-in Details. Pink Wifi is not liable for damage resulting from any unauthorized access to or use of the Service by third parties.

5.5Access to the Service by a User is fully at the discretion of Pink Wifi . Pink Wifi is at all times, without prior notice and without being liable for compensation or in any other way to the User, authorized to: (i) make procedural and technical changes and/or improvements to the Service; (ii) to permanently or temporarily take the Service out of use, limit the Service's use, or cancel the Service; In the event of, but not restricted to, breach of the Contract, actions that can lead to liability on the part of Pink Wifi , its employees or Pink Wifi, interruption of the access of other Users or networks, and contravention of the applicable legislation and regulations, and (iii) to block the User's access to the Service in connection with a suspicion of misuse within the meaning of article 4.4.

5.6Pink Wifi is in no way liable for damage or in any other way to the User for any damage arising or resulting from the temporary, intermittent, or permanent unavailability or inaccessibility of the Website and/or the Service.

5.7The User accepts that the Service only has those functionalities and other characteristics in effect at the moment of Use ('as is' basis). Pink Wifi expressly excludes any explicit or implicit guarantees, promises, and indemnifications of any kind, including but not limited to guarantees, promises, and indemnifications with regard to the quality, safety, lawfulness, and integrity of the Service, unless these Terms and Conditions of Use specify otherwise.


Article 6 Filters and security

6.1The User acknowledges and agrees that Pink Wifi controls and limits the User's use of the Service by means of automatic systems. In particular, the techniques used to determine and prevent misuse within the meaning of article 4.4 may include but are not limited to the following:
a. Layer7 filtering
b. Blocking by means of firewalls
c. Whitelisting/blacklisting IP addresses and/or domain names.

6.2The data traffic between the Peripheral Device and the Router is sent without encryption. The User is personally responsible for securing the data traffic between the Peripheral Device and the Router against any unauthorized access by third parties.

6.3The User is also personally responsible for securing the Peripheral Device against viruses, Trojan horses, and other forms of undesired access to the Peripheral Device.


Article 7 Privacy

7.1While using the Service, the User is providing Pink Wifi with personal and other information. This personal and other information is processed in accordance with Pink Wifi 's Privacy Statement and the applicable laws and regulations.


Article 8 Other provisions

8.1These Terms and Conditions of Use and all use of the Service are governed by Dutch law. The provisions of the Vienna Sales Convention (CISG) are hereby expressly excluded.

8.2All disputes arising between the User and Pink Wifi are to be brought before the competent court in the district of Haarlem unless mandatory law determines that the dispute must be brought before another court.

8.3 In the event that these Terms and Conditions of Use are partially invalid, the User, Pink Wifi remains bound by the valid provisions of these Terms and Conditions of Use. Pink Wifi shall replace the invalid provision(s) by provisions which are valid and which have legal consequences corresponding as closely as possible with the legal consequences of the invalid provision(s), having regard to the content and the object of these Terms and Conditions of Use