© 2020 Telefónica Open Innovation, S.L.U., Ronda de la Comunicación SN, 28050, Madrid, Spain. Registro Mercantil Madrid, Tomo 28.914, Folio: 73, Sección: 8, Hoja M-520642, Inscripción: 1, wayrax@wayra.org
These Terms And Conditions Of Use (hereinafter, the "Terms & Conditions") constitute an agreement between Telefónica Open Innovation, S.L.U., with Tax Identification Code B86230562 and with Registered Office In, Ronda de la Comunicación SN, 28050, Oeste 3, 28050, Madrid (also Called "Telefónica") and You or User (whether as a natural or legal person) with respect to the use on your behalf of the different services to be offered by WAYRA X business going forward, "WAYRA X").
Through the WAYRA X Platform, the best Startups can have the opportunity to be anallized by the Telefónica´s Group entrepreneurial company, Telefónica Open Innovation, S.L.U. in oder to evaluate a collaboration or investment.
To respect the use of WAYRA X, You:
All copyrights, names, trademarks, trade names, service marks or any other identifying feature in WAYRA X and its copies, as well as any other distinctive signs, patents, licenses or copyrights are intellectual property or WAYRA X industrial pertaining to WAYRA X.
These Terms & Conditions grant You the limited right to use WAYRA X under the Terms & Conditions and restrictions specified here or in any futher legal obligation that you should accept.
WAYRA X may use your name and/or logo on a list of customers used in market materials provided You consent to WAYRA X by email at WAYRA X´s relevant request.
At any time of signing these Terms & Conditions, any Telefónica´s Group Companies may post a press release announcing your participation in this WAYRA X.
You declare and agree, on behalf of You:
WAYRA X expressly waives the right to grant any guarantee on WAYRA X.
You understand and expressly accept that the use of WAYRA Xs is at your own risk. WAYRA X is supplied as is and according to availability. TELEFONICA does not guarantee or assume responsibility for the accuracy or completeness of any information, documentation, text, graphics, links or other elements contained in WAYRA X.
TELEFONICA does not give guarantees regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other computer of this type. TELEFONICA also expressly disclaims any warranty or representation to End Users or third parties.
You agree to hold harmless and indemnify Telefónica´s Group Companies and its partners, officers, agents, employees, advertisers or partners from and against (i) any third party claim that arises or is related to its use.
In no event shall any of the Telefónica´s Group Companies be liable for any damages (including, without limitation, loss of profits, loss of business, business interruption or loss of information, tax impact…) arising out of your use or inability to use WAYRA X (including your end users), The cost of the acquisition or goods and services of substitutes, the declaration or conduct of third party services or products, even if WAYRA X has been advised of the possibility of such damages.
In no event shall TELEFONICA be liable for loss of data or for indirect, special, or incidental damages (including loss or loss of business, whether direct or indirect, loss or corruption of data), or for any other indirect loss or consequential or for damages based on these Terms & Conditions.
Telefónica´s Group Companies shall have no liability with respect to the content of WAYRA X or any part of the service, including, but not limited to, errors or omissions contained, slanders, infringements of advertising rights, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or disclosure of confidential information.
You will be directly responsible for any damages suffered by Telefónica arising out of any breach of these Terms & Conditions. This obligations are not subject to the liability limitations. You agree to indemnify and save Telefónica harmless from all claims, or for damage to property or of any other third party (including costs and expenses of defending against such claims) from or by whomsoever caused. You agrees to use the Telefónica assets at its own risk and hereby releases Telefónica, its agents and employees, from all claims for any damage or injury to persons (including death) or property to the full extent permitted by law. You agrees that Telefónica shall not be responsible or liable to You, its agents, employees, customers or invitees, for damage or injury to persons or property occasioned by the acts or omission of any other tenant or such tenant's agents, employees, customers or any other person related to these Terms & Conditions.
These terms and conditions will be governed by Spanish law. In the event of a disagreement in the interpretation and execution of these Terms & Conditions You and WAYRA X agree to submit to the courts and tribunals of the city of Madrid.
This Agreement shall commence when You apply to the WAYRA X, which means to accept these Terms & Conditions by clicking the acceptance button of the registration form at the end of the registration process, as part of the first phase and once You have been communicated that You are elected to participate in the WAYRA X (“Effective Date”) and continue in force for up to a period of eighteen (18) months.
Notwithstanding the foregoing, Telefónica may, at its sole discretion and without prior notice, terminate these Terms & Conditions, suspend or terminate your access to the WAYRA X Platform or cancel your participation in WAYRA X. Telefónica reserves the right to terminate the WAYRA X at any time.
In addition, Telefónica may terminate this relationship immediately in the event that (i) Telefónica determines, in its sole discretion, that the provision of the web offered to You is prohibited by applicable law or rendered impracticable or unfeasible for any legal or regulatory reason, (ii) Telefónica determines, in its sole discretion, that You breach any of the Terms & Conditions of this document or that You are using WAYRA X, or are acting, in such a way that the use of WAYRA X granted to other clients or on any infrastructure related to Telefónica WAYRA X Platform may be adversely affected or (iii) Telefónica determines, in its sole discretion, that your use of WAYRA X Platform (or by its End Users) poses a risk of security or service that may involve the responsibility of Telefónica or third parties. Upon termination or expiration of these Terms & Conditions, You shall immediately cease and desist from all use and manner of Telefónica WAYRA X Platform;
Forced Suspension. If Telefónica is required to suspend the WAYRA X to comply with an order, instruction or request of government, an emergency services organization, or other competent administrative authority, Telefónica, if possible under the requirement, will use its commercially reasonable efforts to notify You of the requirement to suspend WAYRA X prior to such suspension, Telefónica shall have the right to suspend WAYRA X with immediate effect and without any other formalities and without liability.
The Parties declare that they comply with the laws and regulations that apply to them in the fight against corruption, as well as that they have internal policies and procedures to ensure that they are complied with. Each Party shall forthwith communicate to the other the eventual breach of any of these obligations; In such a case, the party receiving the communication shall have the right to request the immediate application of corrective actions.
The declaration of nullity or invalidity of any clause of these Terms & Conditions, unless they are essential in nature, will not affect the validity and effectiveness of the other clauses.
Failure or delay of any party involved in these Terms & Conditions to exercise or enforce any right, power or remedy under these Terms & Conditions shall not be deemed to be a waiver of such right, power or remedy.
In conformity sign in duplicate, to a single effect, the present Terms & Conditions.
The requests for Support Services will be answered by WAYRA X as soon as possible by email addressed to wayrax@wayra.org