TERMS AND CONDITIONS OF USE OF THE WIFI SERVICE
THIS INSTRUMENT (HEREINAFTER "TERMS AND CONDITIONS OF USE") ESTABLISHES THE TERMS AND CONDITIONS TO THE TENOR OF WHICH OPERADORA HOTELERA BRISAS, S.A. DE C.V. (IN THE SUCCESSIVE “BRISAS”) I WILL PROVIDE YOUR GUESTS AND VISITORS (HEREINAFTER “THE CUSTOMER OR CUSTOMERS”) OF ANY OF THEIR HOTELS (HEREINAFTER “THE HOTELS”) WHICH THEY WANT TO CONTRACT THE INTERNET ACCESS SERVICES OF WIFI WIRELESS BAND (HEREINAFTER “THE SERVICE”) TO HAVE THE SAME IN THE WAY THE CUSTOMER CONSIDERS CONVENIENT.
TO BE ABLE TO ACCESS THE SERVICE, THE CUSTOMER MUST AGREE WITH THE PRESENT TERMS AND CONDITIONS OF USE, IF YOU DO NOT AGREE WITH THE PRESENT TERMS AND CONDITIONS OF USE, YOU WILL NOT HAVE ACCESS TO THE USE OF THE SERVICE. THE USE OF THE SERVICES INDICATES THE CUSTOMER'S CONFORMITY TO THE PRESENT TERMS AND CONDITIONS OF USE.
THE CLIENT acknowledges and accepts that BRISAS reserves the right to change, modify and / or complement the “Terms and Conditions of Use”, at any time, in which case it will be made known to THE CLIENT by publishing the corresponding notice.
CONSENT.
THE CUSTOMERS who are in full exercise of the capacities conferred on them by the applicable Mexican legislation, expressly express their consent to be subject to the content and scope of the "Terms and Conditions of Use" by accepting THE SERVICE. By virtue of the foregoing, THE CLIENTS acknowledge and accept that each time they use THE SERVICE they reiterate and confirm their consent with this instrument and / or with the latest published version thereof.
DESCRIPTION AND REQUIREMENTS FOR THE CONTRACTING OF “THE SERVICE”.
Through THE SERVICE, BRISAS will offer THE CLIENT the wireless Internet access service, for as long as THE CLIENT is staying at THE HOTELS, providing a valid username and password for up to 5 (Five) devices connected simultaneously , with a connection speed of 3 megabytes, so THE CLIENT must at all times keep the password provided by BRISAS for access to THE SERVICE as confidential, so that only authorized users have access to THE SERVICE.
CUSTOMERS may increase the speed of connection to THE SERVICE in exchange for the payment of a consideration, whose cost will be proportional to the connection speed they wish to acquire; in this case, THE CLIENT must carry out the contracting of the package to increase the connection speed in the reception area of THE HOTELS.
Those people who are not guests but who are temporarily visiting within the facilities of THE HOTELS, as they wish to hire THE SERVICE, will be considered as customers, by paying for the rates that each of the HOTELS establishes. In the same way for this case, it is the responsibility of THE CLIENT to use and manage the username and password generated by the system.
In the event that the payment is by credit card, THE CLIENT must provide the BRISAS staff of the reception area with information regarding the credit card information with which they will contract THE SERVICE.
CUSTOMER OBLIGATIONS
THE CUSTOMER undertakes to use THE SERVICE diligently and correctly and undertakes not to use it for the performance of activities contrary to the law, morality, accepted good customs and / or with fines or illicit, prohibited or harmful effects of rights and interests of third parties, as well as not making any use that in any way may damage, disable, overload, deteriorate or damage the normal use of THE SERVICE, documents, files and all kinds of content stored on any computer equipment Accessible through the Internet.
Likewise, by way of example but not limitation, the user undertakes not to use, transmit or disseminate: (i) defamatory language, threatening or contrary to morals and good practices (ii) illegally or without authorization to access systems , or networks belonging to another person, or trying to overcome the security measures of another person's system ("piracy"), any activity that may be used as the cause of an attack on a system (port scanning, etc.), (iii) Distribution of viruses, worms, Trojans through the Internet, or any other destructive activity; Distribute information about the creation or transmission of viruses over the Internet, worms, Trojans, saturation, mailbombing, or denial of service attacks; Creation or management of bootnets; Also activities that interrupt or interfere with the effective use of other people's network resources or the realization of "spamming", (iv) They make fraudulent use of the IP address in each access.
BRISAS reserves the right to suspend and / or block the service immediately and without prior notice in case of detecting uses of THE SERVICE in breach of the provisions of this clause and / or Terms and Conditions of Use.
THE CLIENT acknowledges and accepts that:
- Know the nature of the Internet and its limitations, as well as its technical qualities and response times to consult or transfer data and information.
- Social, political, cultural phenomena, among others, can cause at a given time that the use of the Internet is increased extraordinarily so that the optimal operating conditions are affected, causing a temporary saturation that causes slowness in THE SERVICE.
- The Internet is a network of networks, and the stoppage of another network may reduce the behavior of THE SERVICE.
- The data circulating on the Internet are not protected and can be exposed and diverted, so that the dissemination of any information that THE CLIENT transmits or receives through the Internet will be at your own risk.
- The data that circulate on the Internet may be subject to a regulation in regard to its use or be protected by an intellectual property right, so THE CLIENT accepts to be solely responsible for the use of the data they consult, transmit or receive over the Internet.
- BRISAS will not be responsible for the accuracy or quality of the information that may be obtained through THE SERVICE, so the use of any information obtained through THE SERVICE is under the responsibility and risk of THE CLIENT.
- BRISAS will not be liable for any damage and / or damage suffered by THE CLIENT for loss of information, caused by configuration, delays, non-deliveries, erroneous deliveries, interruption of THE SERVICE or downloads of programs on the Internet by THE CLIENT in his team.
- It is your responsibility to adopt the necessary measures to protect the information, data and / or software of your property from possible access from the Internet to your computer equipment, or to avoid possible contamination by viruses or attacks of users that are circulating online, so BRISAS will not be responsible for any damages caused to THE CUSTOMER for the aforementioned facts.
- THE SERVICE may be interrupted for any of the causes indicated in this Contract.
TERMINATION
THE CUSTOMER acknowledges that BRISAS, at its sole discretion and without any liability, may immediately terminate this instrument or suspend all or part of the use of THE SERVICE without further notice.
RESPONSIBILITY
THE CLIENT acknowledges and accepts its responsibility when the reason for the use of THE SERVICE causes any civil damage or harm to BRISAS and / or any third party, so in this act it is obliged to: (i) repair the damages and cover immediately the indemnifications that in each case proceed, and (ii) draw BRISAS in peace and safe from any claim made against it.
PERSONAL DATA
THE CUSTOMER acknowledges and accepts that, in terms of the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, the BRISAS Privacy Notice (hereinafter the “Privacy Notice”), document which is published on the website: https://www.brisas.com.mx/en/privacy-statement/.
By virtue of the foregoing, THE CLIENT in this act expresses his / her consent so that the personal data that on the occasion of this instrument are disclosed and / or delivered to BRISAS are treated in accordance with the terms, conditions and purposes established in said "Notice of Privacy".
ACT OF GOOD OR FORCE MAJEURE
THE CUSTOMER accepts and acknowledges that BRISAS will not be liable for the breach or delay of any term established in this instrument, if said breach or delay is the result of a acts of good and/or force majeure.
CANCELLATIONS AND RETURNS
No cancellations or refunds apply.
If the customer registered the username and password and completed the purchase process, charging the amount to his credit card and does not wish to use the service, no refund will be applied.
APPLICABLE LAW
The Client irrevocably agrees to submit the interpretation and / or compliance with the content and scope of this instrument to the laws of Mexico City and / or applicable Mexican Legislation.
JURISDICTION
For the application and interpretation of this instrument, THE CLIENT agrees to expressly submit to the jurisdiction of the competent Courts with residence in Mexico City and, consequently, waives any other jurisdiction that may correspond to them due to their particular domicile or conventional, present or future, or for any other cause.
The procedure through which it will be carried out in the notifications of changes or updates to this privacy notice is the following: The current version of the privacy notice will be published on our website, with the date of the most recent update, being able to consult this updated version accessing the following link:
Date of most recent update: 21-07-2017.