Term of Service

Vedivi Limited located at 36 Lennox Gardens, London SW1X 0DH, United Kingdom, is the name of the company that provides WallCooler and the Pass services and other Vedivi products.

By using any of the Vedivi products, please remember that the most updated version of these terms of services as available at www.vedivi.com/company/legal, always applies. In some countries, these services may be provided by our local partner. If so, you will be asked to accept the provider’s own terms of services, which will supersede the Vedivi Terms of Service in case of conflict.

If the law of your country prohibits you to use our products because you’re under the age limit or just because our products are nor allowed in your country, please don’t use them.

Before using any of the Vedivi products, please make sure you have read and agreed to the End User License Agreement , Privacy Policy and the Vedivi Usage Guide.

These should be your expectations when you use WallCooler. Vedivi will have no liability whatsoever for any of the following:

Quality: Vedivi will really try to provide the WallCooler products with minimum disruptions. However please understand that Vedivi can not guarantee that the Vedivi products will always function without disruptions, delay or other imperfections. Since the Vedivi products will be transmitted through public Internet lines, there may be power outages or Internet service disruption and you may experience some disruptions in the Vedivi products, e.g. packet loss and delay which will interfere with the quality of your data exchange.

Technical improvement and maintenance: Vedivi may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. Vedivi may also have to repair, improve, and/or upgrade the Vedivi products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Vedivi products.

Content of data exchanged: Vedivi does not control, or have any knowledge of the content of any data exchanged spread by the use of the WallCooler products. The content of the communication is completely private and encrypted and entirely the responsibility of the person from whom such content originated, wether this person be You of another WallCooler user you decide to connect to. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.

Information. You will be required to provide Vedivi in good time with any data or information necessary for a proper provision of the Vedivi services.

No reselling. You agree not to resell the Vedivi services to any third party.

Indemnity. You agree to indemnify Vedivi and its affiliates against any third-party claims incurred by Vedivi arising out of or relating to your violation of these Terms of Service, applicable law or rights of any third parties related to the use of our products.

Pass service. To use payable Vedivi products (1 month Pass, etc.) you must purchase the required product through your debit or credit card, PayPal, promotional voucher, or other means which may be made available by Vedivi. Vedivi reserves the right to stop accepting debit or credit cards from one or more issuers.

Pass expiration: A pass for extra speed (bandwith) and/or data transfer for WallCooler software expires at the end of the pass period (1 month after buying a 1 Month Path, etc...) after the date of purchase. Pay as you go passes expire 180 days after the date of purchase. When your pass expires, you can either buy another pass or automatically default back to your monthly free allowance at no extra cost. Your available usage credits are showed in "My Statement" area when You login to Your account on the www.vedivi.com website.

Refund policy: You can request a refund for unused and unexpired Vedivi products at any time, by submitting a support request to Customer Support at support@vedivi.com. Refund requests carried out through other means shall not be eligible for a refund. No refunds shall be given for products or credit that is not directly acquired online from Vedivi (e.g. vouchers or pre-paid cards are not refundable).
Vedivi reserves the right to deny repetitive refund requests (more than twice for any given type of Vedivi products).
Upon a duly submitted refund request, Vedivi will refund you on a pro rata basis for the unused period of subscription of the Pass service product, as applicable.

All refunds shall be paid either through the original payment method used, or any other reasonable payment method to be determined by Vedivi, and addressed to the person that deposited the credit initially or a your pass shall be adjusted accordingly.

Further, Vedivi will refund your outstanding pass credit balance in the event you terminate your account(s) as permitted under this agreement or in the event that Vedivi terminates this agreement without serious cause.
Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this agreement.

Payment. You shall pay Vedivi any applicable tariffs as stated on the website in connection with your purchase of respective products. You will be able to pay any payment method available.
Charges for Pass services shall be per data transfer maximum data transfer and speed(bandwidth) allowed for the period of the pass. The data transfer usage shall be based on the total size of data exchanged between WallCooler products with the same user login (e-mail) during the lifetime of the corresponding pass. There are no connection fees. During the validity of your pass, data transfer usage will be allowed in accordance with the maximum data transfer limit set when You purchased the pass. Should You exceed this maximum allowance, your pass will automatically expires and You can either buy another pass or default back to your monthly free allowance.

Change of tariffs. Vedivi may change the tariffs at any time by giving a thirty (30) day notice of such change on the website www.vedivi.com/products/wallcooler/passrates or, by stating new tariffs in connection with your purchase. You agree that by continuing to purchase Vedivi products following the adjustments of the tariffs, you accept the new tariffs.

Tax: All prices shown are VAT. Local taxes may apply in certain countries. When you purchase a voucher depending on the country, local or other taxes may apply and may be deducted from the value of the voucher upon redemption.

Free Pass Promotions: For a limited period of time, Vedivi may offer free extra data transfer and/or speed(bandwidth). In return for offering this, Vedivi asks that you use the product sensibly and don't abuse the free offer. Vedivi reminds you that it does not allow you to resell WallCooler or Vedivi Passes and that if Vedivi does see intentional misuse, it reserves the right to terminate your access to your account immediately or to the given promotion.

Charged in error. In the event you believe that Vedivi has charged you in error, you must contact Vedivi’s customer services support@vedivi.com within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.

Limitation of liability. In the event of Vedivi being in breach of any of its obligations towards you under these Terms of Service, Vedivi will accept liability to pay damages only to the extent laid below:
Vedivi can only be held liable for direct damages resulting from an attributable failure to perform its obligations under these Terms of Service. Direct damages in this respect exclusively mean all reasonable costs incurred by you in order to

(i) have Vedivi perform its obligations under the Terms of Service or
(ii) to prevent or limit such costs.

It is Your responsability to ensure that only You or Users that You autorized have access to the computer or network where WallCooler is running and that You are authorized by the relevant authority to use WallCooler in places such as, but no limited to, work, public areas, hotel, private companies.

In no circumstances shall Vedivi or any of its affiliates be liable for unauthorized use or access using WallCooler or Vedivi products on Your computer(s) or Network(s) or unauthorized access to data You are not permited to access such as, but not limited to, office or work or public or private servers, files on networks drives or wehere You are not permitted to remotely access corporate or otherwise networks or computers or servers.

Before transfering any content using Vedivi products, you should check the conditions imposed by the content providers (if any) and make sure that your use of this content complies with such conditions. In any event you must have permission from the rightful owner to trasnfer or use the material.

Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

Force Majeure. You acknowledge and understand that if the Vedivi products do not function as a result of a force majeure event Vedivi will not be in breach of any of its obligations towards you under these Terms of Service. A force majeure event means any event beyond the control of Vedivi. In the event Vedivi is affected by a force majeure event, it shall promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. Vedivi will not accept any liability for the consequences arising out of a force majeure event.

Duration. The agreement will be effective as of the date of your acceptance thereof or as of the date of your first use of any of Vedivi products, and will remain effective until terminated by either party.

Termination. You may terminate your agreement with us at any time. Without limiting other remedies, Vedivi or its affiliates may limit, suspend, or terminate your use of Vedivi products and software, prohibit access to Vedivi’s website, remove hosted content, and take technical and legal steps to keep you off Vedivi’s website if we think that you are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, if you purchased Vedivi Pass services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. Vedivi shall effect such termination by preventing your access to your account and to the Vedivi services. If you provided a valid email address, Vedivi may provide notice to you by email.

All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.

Update: Vedivi reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless you expressly accept the revised Terms of Service earlier by clicking on the I Agree button. Your continued use of the Vedivi products after expiry of the 30-day period shall constitute your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If you do not wish to accept these revised Terms of Service, you are entitled to terminate your account, in writing or by e-mail to support@vedivi.com, with effect from the date on which the revised Terms of Service would become effective. You can find the latest version of these Terms of Service www.vedivi.com/company/legal/termOfService

These guidelines are here to help you and everyone else enjoy WallCooler as much as possible:

General Provision. You understand you will be solely responsible for the data exchanged between WallCoolers using Your login(e-mail) and password. You promise not to:

• spreading viruses or files containing other harmful components (such as Trojan horses, DDOS attacks or "time bombs");
• trying to hack or otherwise gain access to computers of other users or servers;

Data content exchanged between Your WallCoolers. You understand that Vedivi has no control of the content exchanged by means of the WallCooler software and that it is not able to and does not monitor such content. Vedivi can therefore not guarantee the accuracy, veracity, integrity or quality of such content.

Vedivi disclaims any and all responsibility or liability in relation to the content transfered through WallCooler. Vedivi reserves the right to ban temporarily or permanently users who breach these guidelines.

Under no circumstances will Vedivi be held liable in any way for any damages resulting from the sending, receiving, distributing, or otherwise making available, communicating or transmitting of any text, video, image, computer file or other type of data or material.

Entire Agreement. These Terms of Service together with the End User License Agreement constitute the entire agreement between you and Vedivi with respect to the subject matter of this agreement, and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable, the remainder of these Terms of Service shall nonetheless remain in full force and effect.

No waiver. If Vedivi does not take action against a breach of these Terms of Service, it does not mean that it waives its right at a later time to enforce the same.

Assignment. You are not allowed to assign this contract or any rights hereunder.
Vedivi is allowed to, at its sole discretion, assign this contract or any rights hereunder to any third party, without giving prior notice.

Applicable law and competent Court. The agreement shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to the conflict of laws or provisions of the United Kingdom or your actual state or country of residence, and without prejudice to the applicable mandatory laws of your country of residence. Any legal proceedings arising out of or relating to agreement will be subject to the jurisdiction of the courts of the district of the United Kingdom.

Language. The original English version of this agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this agreement, the English language version shall prevail.