GENERAL TERMS OF USE – mywikango.com – by WIKANGO


1. Description of services

WIKANGO supplies contents which may be downloaded on electronic devices (including phones, dedicated devices or in-car devices) via a subscription to an application including a speed camera warning service, data updating and communication among users via data access (GPRS). After your subscription has been registered, you may download contents to any device compatible with the product ordered. The SERVICES cover following countries: France, Great-Britain, Belgium, Netherland, Spain, Italy, Portugal, Germany, Austria, Sweden, Finland, Norway, United States.

2. Registration and access to SERVICES

(a) Registration: in order to use the services, you should register on mywikango.com. You should be more than 18 to create an account. During the registration process, you should indicate a username, a valid email address, a password, your last name, your first name, your phone number, your address including number, street name, zipcode and country. Usernames cannot refer to political, religious orientation, ethnic groups, trademarks, drugs or illicit substances. Usernames cannot have a sexual connotation. In order to validate your registration, you must accept the general terms of use.

(b) Access to Wikango services: in order to use these services, you should be more than 18 or have secured permission from the person making the payment. Any failure to meet such conditional terms will cause the agreement to be null. You should hold appropriate equipment and software to use the Wikango service, including, without limitation, a mobile phone or any other device in good operating order, compatible with Wikango. You should ensure that your equipment and/or software does not disrupt or interfere with WIKANGO operations. Any equipment or software item as may cause disruptions will be forthwith disconnected from our services and WIKANGO will be entitled to forthwith terminate this agreement. In case any updating of services should require changes to be brought to your equipment or software, you should make such changes at your own expenses. Save as may be expressly stipulated otherwise, any new or extra functions as may enhance or improve current services, including new products or services marketed, will be subject to these general terms of use.

(c) Contracts for our services: WIKANGO will offer its services via a subscription to an application including a speed camera warning service, data updating via data access and warning service among users via data access.

(d) License to download contents: you agree and acknowledge that contents offered for downloading as provided in the scope of the Wikango service are owned by WIKANGO, and that they are protected by laws on intellectual property. WIKANGO will grant to you a limited, non-exclusive, and revocable license to download and use contents available for downloading and services on an appropriate, compatible device, for your own personal use only and for non-commercial purposes, after you have so accepted. You will further refrain from copying, changing, executing, transferring, distributing, selling, and creating by-products or from providing to any third party contents which were downloaded (save as may be expressly stipulated in these general terms of use).

(e) Interruption or suspension of services: WIKANGO may suspend services for repairs, maintenance operations and/or updating. In such case, WIKANGO will exercise its best efforts to shorten any interruption and minimise, where practicable, any such inconveniences as you may be exposed to. WIKANGO will reserve the right of changing or suspending – either temporarily or finally - specific services provided by WIKANGO or any third parties. In case services should be definitively suspended, WIKANGO will give you notice thereof and pay back any expenses for non-delivered services.

3. Protection of personal data

You acknowledge that WIKANGO will collect and process "personal data" (e.g. information which may be used to contact you, such as : full name, postal address, phone number or e-mail address), " financial information" (credit card numbers, bank account numbers or passwords) and "demographic and customary data" (information to be disclosed by you or collected by us, other than personal data or financial data, required for the proper operation of our service and billing thereof, such as the date when you started to use and stopped using the service and extent of service use) so as to ensure the proper operation of this Website, and you acknowledge that such data are subject to this paragraph. We may also disclose your data to administrative authorities, including courts, or to the public prosecutor's office in connection with legal actions and to fight against crime. Personal data collected by WIKANGO may be stored and processed in France or in any other country where WIKANGO or its agents operate. By using our services, you accept this transfer of data outside your country. Your personal, financial and demographic data will be deleted within six months following the last time you used our services. WIKANGO may retain your data after this period if so compelled by the law or any agreement.

4. Guaranty and limited liability

You expressly acknowledge that the use of services and downloading of contents will be made at your own risk and that you are to observe instructions notified by WIKANGO. These stipulations are subject to restrictions. WIKANGO, its licensors and suppliers (including any third party supplying all or any part of services) may not be held responsible in case of any financial, criminal, indirect, accidental, special or consequential damages, even though WIKANGO was made aware of the possibility of such damages. WIKANGO, its licensors and suppliers (including any third party supplying all or any part of services) may not be held responsible in case of law infringement due to the use of the SERVICES in countries where the use of the SERVICES is not permitted. In countries which do not permit any exclusion or limitation of liability as set out above, WIKANGO's liability will be limited to such extent as the law may permit in such countries and WIKANGO will be held harmless in case of violation of the Highway Code in the relevant country. WIKANGO will accept no responsibility in case of any dysfunction of a device if the Wikango software was installed on a device having a non-standard or non-ex works configuration. Similarly, WIKANGO will accept no responsibility in case of potential conflicts among various applications.

5. Indemnity

You accept to indemnify WIKANGO, its parent company and subsidiaries, the companies of its group, its managers, agents, administrators, suppliers, licensors and other partners and employees from and against any losses, liabilities, actions or claims, including reasonable lawyers' fees from any third party, as may arise from (b) your use of SERVICES and (c d e) failure to observe your representations and guaranties as stated herein.



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