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TERMS OF USE

1. INTRODUCTION

    The website www.whyagency.gr was designed and is operated by the Company with the distinctive title DIGITALWISE, with registered offices at 245-247, Mesogeion Avenue, Athens Attica (P.C. 15451), (TIN) & VAT number EL 800673546, e-mail: [email protected], tel. (+30) 2121043200 and is the official website of the Company. These Terms of Use describe the framework under which you are granted the right to enter, browse and use the Website and interact with the Company.

    2. SCOPE

    These Terms of Use apply to internet Users when browsing and using the website whyagency.gr as well as when interacting with the Company, either by communicating directly with it or through its accounts, pages and channels on social media and other platforms (e.g. Google Maps, etc.). Therefore, the words “you”, “your” and generally the use of the second plural form refers to Users. The use of the first plural form refers to the actions and statements of the Company.

    3. PURPOSE OF THE WEBSITE

    The Website is addressed to interested Internet users (companies/ businesses/ individuals) and aims to inform you about the services of the Company and to allow you to communicate with it. The access, use and browsing of the Website is free of charge and does not entail any financial burden for you.

    4. CONCEPTS & DEFINITIONS

    Website or Whyagency.gr: The website www.whyagency.gr.
    User: The internet user who enters and browses whyagency.gr and uses its Services.
    Company: The company with the distinctive title DIGITALWISE.
    Services (of the Website): The Website functions offered to Users.
    Terms of Use or Terms: These terms of use.

    5. HEADERS

    The headers contained in these Terms of Use are for your convenience only and do not limit or otherwise affect the real meaning of the Terms of Use.

    6. INTERNET & EQUIPMENT

    The use of the Website requires internet access. You must ensure with your own diligence internet access, and you are fully charged with any billing, by Internet service and access service providers, resulting by using the Internet for browsing Whyagency.gr and downloading data from/ uploading data to the Website.
    The Company is not responsible for any inability by your terminal equipment to access the Website or to view its content, does not provide a guarantee of compatibility and/or smooth operation of the Website and does not provide any kind of hardware.

    7. ACCESS & USE

    The access and use of Whyagency.gr and its Services by any User are regulated by these Terms of Use. Every User, before accessing, browsing, and in any way using Whyagency.gr, clearly, explicitly and unreservedly states that he/ she accepts the Terms and Use in full, as well as any other term that meets the requirements of the law and may be located within this Website, outside this text, indicatively at the following pages: Privacy Policy. What applies to these Terms of Use also applies to any other term within this Website. Unconditional acceptance of the Terms of Use is a prerequisite for 1) accessing and using this Website and 2) communicating and interacting with the Company.

    Please, read the Terms of Use carefully before you proceed to any action, interaction, access or use of the Website and the Services and comply therewith. In case you disagree with the Terms of Use, you are required to refrain from any use of Whyagency.gr and the Services.

    The Website operates 24/7 without restrictions. The Company retains the right to modify, suspend, discontinue the operation of this Website and/or the services provided therein due to maintenance, improvements, updates, commercial policy etc., at any time and with no prior notice.

    Users are required to act in compliance with the law of the Hellenic Republic, including European Regulations, in using of the Website and its Services, and to exercise their rights within the limits set by good faith, morality and social and financial purposes of their rights.

    Users are required not to use the Website, its Services, or any other means of expression through this website or accounts of Whyagency.gr on social media and other platforms, such as Facebook, Instagram, LinkedIn, YouTube, TikTok, Google Maps etc. for the purpose of posting, disclosing, spreading information, data and generally any illegal, unfair, undue, slandering and/or false, threatening, deceitful, coercive, abusive, provocative, insulting, obscene, vulgar, blasphemous, pornographic, racist, discriminatory content, or content that breaches any kind of confidentiality, offends childhood, professional reputation, privacy and constitutional rights and is adverse to the law in general. Users, moreover, are prohibited from posting advertisements in any form and of any content, third parties’ personal data, confidential information about the Company or its associates, pirated, unlicensed or other malicious software, works protected by Copyright and/or Industrial Property law, etc.

    Users and third parties are strictly prohibited to interfere in the form, operation, Services, content, databases and any other element that constitutes this Website, by using any mechanism, software, either malicious or not, process, either electronic or not, by sending harmful files such as viruses, malware, ransomware, DDoS attacks etc. which may affect, harm, suspend, terminate and generally obstruct this Website’s smooth operation or the ability of Users to access and use the Website, and/or compromise the provision of Services offered thereby.

    Users and any other individual or legal entity are prohibited from using software for intercepting Users’ data kept by the Company as well as saving or processing data – operation data among others – for advertising or other purposes.

    Users are required to abstain from any acts of defamation of the Company, the Website and its Services. Users are prohibited from defaming Whyagency.gr, the Company and its Services on our social media accounts (excluding goodwill reviews of the Services). The Company reserves the right to remove or render non-public the defamatory and generally illegal User comments.

    Users are prohibited from exploiting the information they receive from Whyagency.gr through sale or republication in any place or form. The Website is offered for informative purposes only and any kind of commercial use/ exploitation of its content by Users or third parties is prohibited. The content of the Website may be republished for journalistic or promotional purposes in accordance with the relevant legislation and the provisions of Intellectual Property Law and these Terms.

    8. CONFLICT – SEVERABILITY

    If any term or any part of the Terms of Use, condition or provision contained herein shall be determined to be invalid, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions, and the latter shall continue to be valid and enforceable to the fullest extent permitted by law and will be interpreted according to the full spirit of the Terms of Use, including the invalid term.

    9. BREACH OF TERMS

    All Terms of Use are essential. Any breach by any User of the Terms of Use incurs penalties provided by the applicable law and the User’s obligation to remedy any damage of the Company or any third party that may suffer from the User’s illegal and adverse to these terms behavior. In case of any breach of the Terms of Use, the Company may ban the User from accessing the Website and its Services, delete the User’s information posted in this Website and exercise all rights provided by the law. Failure or neglect by the Company to enforce at any time any of the provisions of the Terms of Use shall not be construed nor shall be deemed to be a waiver of its rights.

    10. LIMITATION OF LIABILITY

    The Company is not obliged to verify the identity of the person who enters personal data on the Website/ sends data through the Website or to know whether any information provided by a User is true or not and considers the personal data provider as the real subject thereof. Users are obliged, when using the Website, to provide in full their true personal data accurately whenever requested. The Company is not responsible for any damage to the User or a third party caused by the unintentional or intentional provision of false / inaccurate data by the User, who is liable for any false and illegal entry both to the Company and to the third party that the personal data concern. Under the conditions of the applicable legislation on liability issues for information society service providers, the Company is exempt from liability for the content that third parties publish on the Website.

    The Company is not responsible for any damage to the User or a third party caused by risks that threaten internet users and may occur while using the Website. The Company checks the security level of Services provided in the electronic environment, using programs that protect against viruses and malicious software. During browsing this website, Users are recommended to use software for protection from computer viruses and other malicious software such as Trojan horses, spyware, malware, ransomware, DDoS Attacks etc. The Company shall not be liable for any damages to the User’s hardware, software and data stored on his/her device, as well as for any other damage incurred to Users or third parties by the aforementioned risks.

    During the operation of the Website, human errors, malfunctions of the network or the computer systems of the Company and other factors cannot be ruled out and may affect the correct provision of information to the Users. Users are advised in the event they notice any wrong information, to contact us via e-mail: [email protected], so that such error be immediately corrected, clarification be given and the Services be more effectively provided to Users.

    The Company is not responsible for the content of the web pages to which the links, frames, banners etc. placed on the Website refer/ redirect the Users. In particular, the Website displays companies that have received or continue to receive our services (clients). The Company is not liable for any damage to the User or a third party resulting from his/her visit to the websites of the aforementioned companies, as well as for any damage caused by risks that occur in the electronic environment of companis that are displayed on the pages maintained by the Company on social media sites (Facebook, Instagram, LinkedIn, YouTube TikTok etc.). Liability for the content, information, users’ safety and protection of their personal data, and the quality of services provided is born solely by owners, administrators and beneficiaries of said websites, which users visit at their own risk, and the Company has not approved, does not preventively control and does not endorse this content.

    The electronic environment of the Website may include listings/ advertisements/ statements of clients and their products/ services. The Company does not guarantee the accuracy, reliability, validity, legality of this information, does not guarantee that they contain legal and true statements, does not control/ approve/ endorse the content of these posts and is not liable in any way to the state, authorities, consumers and any natural or legal person for the quality, availability and legality of clients’ products/ services, as well as for any direct or incidental damage to the User or any third party from the viewing/ us of the information contained in these posts.

    The Website and the Services are provided “as is”, with the technical specifications and restrictions set by the Company. The Company does not provide any kind of guarantee, such as for the good operation of the Website, accuracy, reliability, quality and completeness of its content, lack of limitations and errors, security and resistance to attacks, compatibility with software and devices, performance and smooth operation and bears no responsibility for permanent or temporary malfunctions, or for any other damage, harm or interference to you, your equipment or any third party from the use of the Website and its content.

    Statements, declarations, presentations and guarantees of the Company on the Website, other than the Terms of Use and Policies, do not bind the Company/ do not constitute a contractual obligation, unless they constitute a term of a separate contract between the Company and the User and under the terms of this contract.

    No natural/ legal person or any third party other than the Company and the User has the right to enforce or to pursue the enforcement or to demand the enforcement of any of these Terms of Use.

    The Company’s posting of the Terms of Use and their content may not cause any liability for the Company further than the one provided by the law.

    11. GOVERNING LAW – DISPUTE RESOLUTION

    In any dispute arising from the use of the Website, the law that applies is the law of the Hellenic Republic which governs, among others, the Website’s function and any disputes arising. Any dispute between the Company and third parties arising from the use of Whyagency.gr will be resolved through friendly negotiations between them in accordance with the principles of good faith and fair dealing. If the dispute is not resolved in the above manner, it shall be resolved through alternative dispute resolution methods, such as mediation, within a period of two (2) months from the date of the dispute. If it is proven that the dispute cannot be resolved by these methods, then the Greek Courts shall be competent and particularly Athens Courts have jurisdiction.

    12. INTELLECTUAL PROPERTY

    Works contained on the Website, in the form of text, image, drawing, photograph, graphics and logos, trademarks, computer animation, software, database, articles, music and audiovisual extracts and videos, advertising pictures, slogans and digital content, which are protected by law 2121/1993 and any other National or International laws, are covered by the Company’s copyright, without prejudice to copyright held by other beneficiaries, protected under the relevant provisions of Greek and European law.

    The Company retains the copyright of this Website and its webpages, which are independently protected as original works of conjectural design and applied arts, according to the requirements of the law, as well as, a collection of works. Copyright is acquired primarily without any formalities.

    According to the definitions of the applicable legislation, the Website is also protected as an industrial design. The Company’s distinguishing features are protected by the law that applies to trademarks, under its specific requirements and definitions. Distinguishing features (from their use to their establishment in transactions), as well as the whole content of this website, are further protected under the provisions of unfair competition law.

    The domain name (domain name) whyagency.gr, has been lawfully assigned to the Company by the Hellenic Telecommunications & Post Commission (EETT), who has – among other rights – the exclusive right to use it. Furthermore, the Company forbids any third party to register an identical or a similar domain name with any top-level domain that can confuse consumers intentionally or unintentionally, which (registration) constitutes an act of unfair competition and / or unfair exploitation of the Company’s reputation and clientele.

    It is prohibited to record and reproduce the works included in the Website, in whole or in part, to create copies, as well as to reproduce them by downloading and storing on the User’s device, to distribute them to the public in any form through sale or in any other way, to lease and lend them, to perform them publicly, to broadcast or present them to the public in any way. Any form of

    modification of the works and any infringement of the author’s rights due to the circumstances in which the works are presented is also prohibited. The appearance of the aforementioned works on the Website does not constitute in any case a transfer or assignment of a license or right to use them for purposes not related to the legitimate use of Whyagency.gr.

    Furthermore, the Whyagency.gr webpages are also protected as databases. Especially for the databases of the Website, the temporary or permanent reproduction by any means and in any form, in whole or in part, the translation, adaptation, arrangement and any other transformation, their distribution in any form or of their copies, any announcement, display or presentation to the public, any reproduction, distribution, announcement, sale, display or presentation to the public of the results of the acts of translation, adaptation, arrangement, transformation of the databases, the uploading, storage and export of the databases, the downloading, publication on the Internet and any other modification and commercial exploitation of the databases are prohibited.

    The databases of the Website are further protected as a right of special nature of their maker. The extraction and/or reuse of all or a substantial part of the contents of the databases, evaluated qualitatively or quantitatively, either manually or automatically, is prohibited.

    The repeated and systematic extraction and/or re-utilisation of insignificant parts of the contents of the databases is prohibited, should they entail the performance of actions which conflict with the normal exploitation of databases or unreasonably prejudice the legitimate interests of the database maker. Furthermore, the automated (through web scraping programs, web harvesting, web data extraction, etc.) or manual collection and storage of information contained in the databases of the Website, the mass / systematic downloading of information from the Website for any use and exploitation, without the written consent of the Company, is prohibited.

    Under the applicable law, the Website’s content is protected from infringements of Industrial Property, which belongs to the Company, without prejudice to the rights of third party beneficiaries – holders. It is prohibited to copy any part of the Website’s content, to create derivative material, to plagiarize and to create any text based on the Website’s texts.

    The infringement of the Company’s or a third party’s copyright in the content of the Website and in any published material of the Company is subject to the sanctions (civil, administrative, criminal) of the applicable legislation and the obligation of the offender to remedy any direct or incidental damage to the Company or a third party from his/her illegal conduct. The Company in case of infringement of its copyright by a User, may prohibit the User from accessing the Website and exercise all rights granted by law.

    The lawful browsing of Whyagency.gr and the use of its Services, with respect and absolute compliance with the Terms of Use and the applicable legislation, does not infringe on the Company’s copyright, which provides Users with a license to use Whyagency.gr only for the purposes of briefing / information and communication with the Company. The Users may obtain information and download content from the Website when offered the option by the Company, subject to compliance with the aforementioned Terms. The republication of the content of the Website for journalistic purposes is permitted, in compliance with the relevant legislation, the provisions of the law and these Terms.

    The companies, whose trademarks – logos brands and any distinctive feature appear on the Website, are the exclusive owners and holders of all intellectual and industrial property rights to all these assets. The Company is only entitled to fair use of such assets for the purpose of promoting the quality of its services.

    13. AMENDMENTS

    The Company, reserves the right to freely, unilaterally and without prior notice amend the Terms of Use of the Website. Posting on this Website is sufficient for any new term, or amendment or removal of an existing term, to enter into force for the future. Users should check periodically whether there have been any amendments to these Terms of Use. The posting of terms on this website fulfils the requirements of informing Users of any changes to the Terms of Use. The use of Whyagency.gr implies and confirms the acceptance by the User of the pre-existing terms, as they are in force, with the above indicatively described amendments, insertions and removals.

    14. CURRENT VERSION

    The last update of the Terms of Use was made on 27/05/2024.