Use of the AQVA HOTEL & SPA Public Internet

Agreement on the Use of the AQVA HOTEL & SPA Public Internet

Please read this agreement carefully before using the public internet service of AQVA HOTEL & SPA!

Welcome to the AQVA HOTEL & SPA public internet area. AQVA HOTEL & SPA allows you (the User) to access the AQVA HOTEL & SPA public internet service (the Service).

The terms of this Agreement (the Agreement) govern the relationship between you (the User) and AQVA HOTEL & SPA (the Holder) as follows.

When applying for access to the Service, the User agrees to the terms and conditions specified in the Agreement, and considers the Agreement binding for him or her and confirms that he or she agrees to use the Service in accordance with the terms of this Agreement.

1. Acceptance of the Terms of Use
   1. By clicking on the "I Accept" button on the Service subscription page, you acknowledge that you have read, understood and agree to the terms of this Agreement. By clicking on the "I Accept" button, you have access to the Service and the right to use the Service
   2. If you do not agree to the terms of this Agreement, do not click on the "I Accept" button on the Service subscription page. If you do not click the "I Accept" button, you will not have access to the Service or the right to use the Service.
   3. Clicking on the "I Accept" button on the Service subscription page is equivalent to signing the Agreement. This Agreement enters into force at the moment of pressing the "I Accept" button.

2. Service Fee

The Service is provided as a free information society service, at the direct request of the User.

3. No Obligation to Monitor

The Service Holder is not obliged to monitor the information that the Holder only transmits or provides access to, which the Holder temporarily caches or stores for the User for the purpose of transmission, nor is the Holder obliged to search for facts and circumstances indicating illegal activity. However, in accordance with the "Information Society Services Act", the Holder is obliged to inform competent authorities of illegal activities or information,  if such activities or information become known to the Holder.

4. Security
   1. Wireless systems, such as the Service, use radio channels to transmit voice and data over a complex network. Privacy is ensured by the use of the VPN (Virtual Private Network) by the User or the use of secure web pages (HTTPS) by the User. The Holder is not liable to the User or any other person for the lack of privacy or tampering that may occur or may be experienced upon the use of the Service. The User acknowledges that the Service is not safe in nature and that wireless communication can be captured with the equipment and software intended for that purpose.
   2. In addition, the User acknowledges that he or she is responsible for taking such precautionary measures and for using such security measures as are most suitable for the User’s situation and for the purposes of the Service. The User agrees and hereby takes all risks (including, but not limited to, the damage caused by risks of hackers, worms, Trojans or viruses) arising from, or related to, the use of the Service by the User.

5. Use of the Service
   1. The Service is not intended for rental, sale or business use, and should not be used for business processes. The Holder is not liable for the impact of using the Service on business or business interruption.
   2. The User agrees not to use or attempt to use the Service for fraudulent, illegal, harassing or abusive purposes and in such a way as to damage or cause risk to the Holder, its business, reputation, employees, other Users, devices or third parties.
   3. Inappropriate use includes, but is not limited to, the following:
      1. violation of legislation adopted by the local government, state or EU;
      2. posting or transmitting content for which the User has no right of posting or transmission;
      3. posting or transmitting content that violates the interests of a third party, public interest, privacy or other rights of a natural person;
      4. posting or transmitting content that is illegal, incorrect, persecutory, harassing, libellous, defamatory, offensive, unjust, intimidating, obscene, hate-mongering, abusive, damaging or otherwise undesirable, as determined by the Holder at its own discretion;
      5. phishing, collecting or storing data on third parties without their knowledge or consent;
      6. entering, manipulating or using non-public areas of the Service ;
      7. any attempt to investigate, scan or test the vulnerability of the system or network or to violate the security or authentication measures;
      8. sending or an attempt to send unsolicited messages, including, but not limited to, product or service advertisements, pyramid schemes, spam, chain letters or junk letters;
      9. imitating a natural or legal person, making a false declaration or otherwise lying on his or her connections with a natural or legal person;
      10. falsifying headers or otherwise manipulating identification elements to hide the origin of the material transmitted through the Service;
      11. sending material containing software viruses or other spyware designed to interrupt, destroy, or restrict the operation of computer software or hardware or communication equipment;
      12. interference with or interruption of the Service or of servers or networks connected to the Service or non-compliance with requirements, procedures, policies or rules related to the networks connected to the Services;
      13. using the Service for the transmission of large amounts of data, in particular the continuous transmission of large amounts of data, hosting of a web server or another server;
      14. using the Service for voice-related services, including, but not limited to, chat lines;
      15. using an automated method to prevent a connection from being interrupted due to inactivity or otherwise to maintain a connection if it is not actively used;
      16. resale of the Service.
   4. If the User violates this Acceptable Use Policy, the Holder may take one or more of the following steps or any other unspecified steps at the discretion of the Holder:
      1. issue warnings;
      2. temporarily suspend the User’s access to the network;
      3. permanently terminate the User’s access to the network; and/or
      4. initiate legal proceedings to prohibit violations and/or claim damages caused by violations, if any.
   5. ​​​​​​​​​​​​​​The Holder does not undertake to provide technical support to the User.

6. Restrictions on Access
   1. ​​​​​​​The aim of the Holder is not to allow unlimited access to the entire internet. Nor is the Holder’s intention to create a traditional or restricted public forum (i.e. a free rostrum). Therefore, the Holder may, upon providing this free service, restrict access to certain sites and communication protocols that are found to be malicious and inappropriate or to terminate the User's access to this Service if the User uses it to access pornographic, adult, hate-mongering or spyware materials or websites.
   2. ​​​​​​​The User agrees and acknowledges that this Service only offers limited access to the internet.
   3. ​​​​​​​The User agrees to waive all claims that may arise from the Holder's decision to block access to pornographic, adult, hate-mongering or spyware materials or websites through this Service. The User also agrees not to use the Service in any unauthorized manner to download copyrighted material, whether it is in audio, video, photo, text or in any other form, or to download pornographic, adult, hate-mongering or spyware material, whether it is in audio, video, photo, text or in any other form.

7. Problem Reporting and Complaints

If the User experiences a problem when accessing or using the Service, the problem must be reported by calling at the phone number indicated on the WiFi door (on home page) or by sending an e-mail describing the problem at info@aqvahotels.ee within 2 days after the problem has been noticed.

8. Limitation of Liability

The Holder does not control the materials, information or services on the internet. The internet contains unedited materials, some of which may be offensive to the User or with sexual content for which the Holder is not responsible. The User assumes full responsibility for the use and risks of the use of the Service and the internet and is responsible for the accuracy, completeness and usefulness of the services, products and information.

9. Waiver of Warranties
   1. The service is provided on the basis of "As is" and "As is available". The Holder does not guarantee that the Services are uninterrupted, error-free or free from viruses or other harmful factors.
   2. ​​​​​​​The User waives the anticipated warranties, including warranties concerning property non-infringement, utility or suitability for a specific purposes, relating to the goods, information or service offered by the Holder or the internet.
   3. ​​​​​​​The User acknowledges the occurrence of the above-mentioned risks and takes risks of security, privacy and confidentiality inherent in the wireless communication when using the Service. 
   4. The Holder and its employees are not liable for any damages or expenses arising directly or indirectly from the use of the Service or the internet by the User, including indirect, incidental, exemplary, multiple, special, punitive or consequential damages.
   5. The advice and information provided by the Holder or its representative is not a warranty. The Holder does not provide any warranties.

10. Termination

The Holder may, without notice, terminate this Agreement or the User’s access to the Service for any reason, including, but not limited to, if the Holder believes at its own discretion that the User has violated the Contract.

11. Indemnification Guarantee

The User agrees to defend the Holder, indemnify and hold it free of any claims, demands, lawsuits, obligations, expenses or damages arising from the use of the Service by the User or the violation of this Agreement by the User.

12. Amendments

The Holder may, at its own discretion, amend the terms of this Agreement. Those amendments are binding and valid from the date of posting/publishing. The User agrees to review the terms prior to each use of the Service in order to keep up to date with the amendments. By continuing to use the Service after posting/publishing the amendments, the User agrees to the amendments.

13. Applicable Law

This Agreement is governed by Estonian law.

14. Disputes

Issues that create disagreements are sought to be clarified by negotiations by the User and the Holder. If solutions are not reached, the issues under dispute will be resolved at the Rakvere Courthouse of Viru County Court. In addition, the User agrees, unless prohibited by law, that a dispute, claim or disagreement relating to this Agreement or the Service must be filed by the User within six (6) months from the date when the User has the right to make such a claim.

15. Divisibility of the Agreement

The nullity of one or some parts of the Agreement will not lead to the nullity of the other parts if the contract is divisible into parts and it can be assumed that the User or the Holder would have agreed to the Agreement also without the void part.

This Agreement has been prepared on the basis of guidelines  provided by the Ministry of Economic Affairs and Communications [1]