CONDITIONS OF USE FOR TELENET WI-FREE
Telenet's Wi-Free service consists of the Telenet Homespot and Telenet Hotspot infrastructures and all public Wi-Fi networks established through them.
Two different types of public Wi-Fi networks (SSID) are established through them:
- A public network (‘TELENETHOTSPOT’ AND ‘TELENETHOMESPOT’) that requires a login through a web portal.
- An EAP network (for Telenet: ‘TelenetWiFree’) that must be configured directly in the device.
Telenet internet customers, who have access to the Wi-Free service (see Article 2), have access to all established Wi-Fi networks on the entire Telenet Wi-Free network (i.e. both Homespots and Hotspots). Other users only have access to the Telenet Hotspots, unless they have been given explicit or implicit (e.g. via roaming with another operator) access by Telenet to use the public Wi-Fi networks established by the Telenet Hotspot or Telenet Homespot network.
CONDITIONS OF USE FOR TELENET HOMESPOTS
Telenet Homespots (hereinafter ‘the Service’ in the Telenet Homespots Conditions of Use) is the collective name for all the public networks established by the shared equipment in the network and connectivity of users with Homespot-compatible Wi-Fi equipment.
Article 1: Provision and use of the Service
- The Service may be used by Telenet internet customers as well as by other users who have been given explicit access by Telenet and their own ISP (hereinafter ‘the Users’). Telenet internet customers may also use the Homespots of other ISPs that Telenet has entered into an agreement with.
- Telenet internet customers unequivocally agree to the applicability and contents of these Conditions of Use and undertake to comply with them. The General Conditions of Telenet and the Telenet Special Internet Conditions will also apply to the Service, insofar as not departed from in the following provisions. A Telenet internet customer is deemed to have acquainted himself with these Conditions of Use and to have accepted them. If not, the Telenet internet customer may no longer use the Service. These conditions can be reviewed here.
- The other Users make use of the Service after acquainting themselves with and accepting the Conditions of Use from their own ISP.
- Users who have not accepted the Conditions of Use, or Telenet internet customers whose access to the Telenet internet service has been terminated or who have not accepted the conditions, may not use the Service on the public network with captive portal or on the EAP networks with limited speed, nor may they use other Users' networks.
- For this purpose, the Telenet internet customer confirms that he is aware of and accepts the fact that Telenet may provide shared services to Users, in addition to the part of his internet service used by the Customer. The Users will have separate use of the Telenet equipment and connectivity provided to the Telenet internet customer, with minimal or no impact on the Telenet internet customers' internet service.
- The shared equipment and connectivity provided to the Telenet internet customer are automatically part of Telenet Homespots unless the Telenet internet customer uses the opt-out.
- The Telenet internet customer may not under any circumstances make a claim for compensation of any sort for his participation in the Service or for the shared use of the equipment and connectivity by the Users.
- Telenet will endeavour, to the best of its ability, to supply the Service in the best possible manner and to resolve any interruptions or faults, or conduct repairs, as quickly as possible.
- Telenet reserves the right to amend, cancel or terminate the Service at any time, without being obliged to pay any compensation for this to the Telenet internet customer or the Users.
- The data volume use on the Telenet Homespots is included in the Telenet internet customers' chosen internet package.
- Modifications or termination of the Service will not have any consequences for the Telenet internet subscription under which the Service is provided.
Article 2: Access to the Service
- Every Telenet internet customer automatically shares the Telenet equipment and the connectivity provided to him, unless he makes use of the opt-out via My Telenet.
- A Telenet internet customer who no longer wishes to share the Telenet equipment and connectivity provided to him may change his decision to join Telenet Homespots at any time via My Telenet. Those who use the opt-out no longer have access to the Telenet Wi-Free service or the shared equipment of other internet providers.
- The Service is an option that the Telenet internet customers can opt for again at any time via My Telenet.
- Said shared equipment is indicated on the Telenet website or a Telenet application by an icon on a map the indicates the approximate location where access to the Telenet Wi-Fi network can be obtained.
CONDITIONS OF USE FOR TELENET HOTSPOTS
- The Services are offered in collaboration with partners in different locations (‘Sites’) as indicated on the Telenet website.
- By using these Services, the Hotspot User accepts and undertakes to comply with these Conditions of Use.
- Neither Telenet, nor any manager or person responsible for the site where the Hotspot User enjoys the services (the Telenet partners), may be held liable for the content of the services or the use thereof, directly or indirectly. As such, Telenet makes no commitment nor any guarantee in connection with the continuity of the internet access, software, products or operation of the services offered on its website or via its internet access. Nor does Telenet guarantee the correctness of the information offered via its services. Telenet has the right to modify the access modalities and the provided information at any time. Any exemption applicable to Telenet unconditionally applies to Telenet partners who allow Telenet to offer the services on the sites.
- The data volume use on the Telenet Hotspots is included in the volume accounting for the Telenet internet customers' chosen Internet package.
- Telenet offers services through its website. Payment for these services is made in accordance with the general terms of Telenet's partner in the event such payments are made. The User accepts that Telenet will do everything possible to ensure payment is made in the most secure manner possible allowed by current technology, yet accepts that Telenet essentially only has a best endeavour obligation and cannot be held liable for any damages.
GENERAL PROVISIONS APPLICABLE TO Telenet Wi-Free
Article 1: Use of the Service
- Right to Use Telenet hereby grants to Telenet internet customers who have made their Homespot signal available to the public and to Users the temporary, non-exclusive, personal and non-transferable right to use the Service. The Telenet internet customers/Users are responsible for all use or misuse of this Right to Use by third parties.
- No reproduction right or right of public disclosure. The Telenet internet customers/Users accept they obtain no rights other than those specified in Art. 1.1. of these Conditions of Use. The Telenet internet customers/Users accordingly have no right to transfer, commercialise, make available to the public or publicly share the Service or any part thereof, in any way.
- Piracy (i.e. copying and/or disseminating works protected by copyright, such as films, music and games) is an offence punishable by law. In the event of any misuse, the Telenet internet customers/Users undertake to indemnify and compensate Telenet or any third parties against all demands or claims made against Telenet or third parties arising from any infringement of these provisions.
- Code of Conduct The Telenet internet customers/Users undertake to only use the Service for lawful purposes. Telenet is entitled to issue instructions to the Telenet internet customers/Users in connection with the use of the Service, based on operational, quality, security and other considerations. The Telenet internet customers/Users undertake to follow any such instructions. Telenet advises the Telenet internet customers/Users not to transfer any confidential or sensitive information (personal data, payments, etc.) via the Service.
- Unauthorised use The Telenet internet customers/Users undertake to keep their Username and password confidential and never to disclose them to any third parties. The Telenet internet customer/User is responsible for all use or misuse of this information by third parties. The Telenet internet customers/Users furthermore undertake that they will not use the Service to issue statements on behalf of anyone else (natural or legal persons).
- Equipment The Telenet internet customers/Users undertake to only use suitable, properly functioning equipment and software for the Service. As soon as the Telenet internet customers/Users notice or reasonably ought to notice that the equipment/software being used is no longer suitable for connection to the Service, is no longer functioning properly or is restricting or disrupting the use or operation of the Service or the Telenet network, the Telenet internet customers/Users must desist from further use of the equipment.
- If the Telenet internet customers/Users commit a serious and/or repeated infringement of the obligations contained in these Conditions of Use, Telenet is entitled to suspend the provision of the Service by means of a simple written communication until the Telenet internet customers/Users resume compliance with all of the obligations, or else to terminate the provision of the Service automatically, by operation of law and without prior notice of default and with no notice of cancellation or compensation.
Article 2: Limitation of Liability
Guarantees. The Service is offered in its current condition from time to time. Telenet cannot provide any guarantee that the Service will always be accessible, or that there will be no interruptions or faults in the Service.
Personal risk. The Telenet internet customers/Users personally warrant the equipment and the software required to connect to the Service and also the configuration of said equipment and software. Any adjustments to the configuration of the equipment and/or software are always at the risk of the Telenet internet customers/Users.
Liability. The Telenet internet customers/Users are not liable for the use by a User unless that User obtained access to the Service with the access rights of the Telenet internet customers/Users.
Liability. Telenet rejects all liability arising from the provision of the Service except in cases of its own serious or intentional error. In all cases, the liability of Telenet is limited to remedying the predictable, direct and personal loss sustained by the Telenet internet customers/Users, excluding but not limited to all indirect or intangible loss such as commercial loss, loss of income or profit, loss of or damage to data and supplementary costs. In all cases, the liability of Telenet is limited to a maximum of EUR 100 for each loss event or series of loss events attributable to the same cause.
The Telenet internet customers/Users indemnifies Telenet against all loss, damage, costs, claims or expenditure arising from the improper use of the Service by the Telenet internet customers/Users or by others, and/or from any misunderstanding of the Conditions of Use for the Service.
The Telenet internet customer/User indemnifies Telenet against all loss, damage, costs, claims or expenditure arising from any misunderstanding of the Conditions of Use for the Service
Complaints. Complaints regarding the Homespots must be submitted to the User's ISP. Complaints regarding the Hotspots can be submitted to Telenet by all Users.
Article 3: Hyperlinks
If links are established with other sites on the internet via the Telenet services - directly or via search engines - Telenet does not bear responsibility for the links, the contents or the existence of these other sites. Telenet has no control over the links, the contents or other features of these websites. Anyone using these search engines must be aware that the internet can contain information which is illegal, unlawful or damaging and acknowledges that Telenet is by no means capable of monitoring any illegal, unlawful information being distributed via the internet. Telenet cannot be held liable in any way for errors in addresses of websites or domain names on its sites.
Article 4: Helpdesk
Problems regarding Homespots must be submitted to the User's ISP. Problems regarding Hotspots can be submitted to Telenet by all Users.
Telenet cannot be held liable in any way for discontinuities whilst providing the Helpdesk to the Telenet internet customers/Users. The sole purpose of the Helpdesk is to assist the users in setting up the internet connection to the sites and, if necessary, adjusting the browser settings. The Telenet internet customers/Users accept it is not the intention of the Helpdesk to offer more extensive services. Telenet is in no way liable for any damage, regardless the cause or nature of said damage, which the Telenet internet customers/Users may incur as a result of using the Helpdesk or Telenet services in general, whether it be to computer, documents or files on the computer belonging to the Telenet internet customers/Users.
Article 5: Intellectual property rights
The contents of Telenet websites are protected at all times by the applicable intellectual property rights (including but not limited to: trademarks, copyrights, patents, etc.). Using, copying, translating, editing, modifying or distributing the entire Site or part thereof in any way, shape or form is prohibited, unless prior written consent has been obtained from Telenet. Any breach of such intellectual property rights may lead to civil or criminal prosecution. The Users of the services of Telenet explicitly undertake to respect the intellectual property rights of Telenet and third parties. Telenet reserves the right to take any action it sees fit and all measures it deems suitable to stop or prevent breaches of its intellectual property rights or those of third parties, without any liability resulting from these initiatives, regardless the reason.
Article 6: User Commitment
The Telenet internet customers/Users undertake to not disseminate content as described below or to participate in the distribution of such content. The following content is illegal:
- Corruption of common decency as referred to in its everyday meaning;
- Advertising for or requesting services of a sexual nature with a profitable objective;
- Racism, xenophobia and denial of the Nazi genocide;
- Provocation to commit crimes and offences;
- Offering communication platforms for criminal groups;
- Gaining advantage and/or offering and/or advertising and/or soliciting games of chance and gambling, save legally permitted lotteries;
- Offering or requesting intoxicating and/or psychotropic substances by persons not having the authority to do so.
The Telenet internet customers/Users shall endeavour to inform Telenet or the legal authorities of any illegal contents which have come to his/her attention as soon as possible. The Telenet internet customers/Users can contact Telenet via its website and the legal authorities via the website www.gpj.be.
Article 7: Protection of Privacy
Telenet solely retains information regarding the Telenet internet customers/Users which is necessary or useful when offering services and the exploitation thereof with regard to third parties. The details are held in accordance with applicable statutory regulations in Belgium. Any Telenet internet customer/User has the right to enquire what information Telenet holds on him/her and also has the right to request rectification of this information as well as deletion from the data records. Any such request must be directed to the respective ISP in writing.
Article 8: Cookies
What are cookies?
Cookies are small pieces of information that are sent by the website to your browser so your browser can be recognised throughout your visit (a ‘session cookie’). Cookies also make it possible to recognise visitors when they return to the website (‘persistent cookie’). The cookies are saved on the visitor's hard drive. Cookies can be placed by the server of a website you visit or by partner websites. The website server can only read the cookies it placed itself. It does not have access to other information on your computer.
A cookie will typically contain the name of the server that placed the cookie, an expiration date and a unique numeric code.
Cookies help the website better accommodate the visitor's wishes and preferences. Cookies can also be used to make the content of a website or the publicity on a website more relevant for the visitors.
The portal for the Telenet Homespots and the Telenet Hotspots uses various types of cookies:
- Essential cookies
These cookies are essential to how the site functions and to enable you to use all its functions.
These cookies also provide secure authentication: when you log in the cookie will ensure that your identity is checked before the website gives you access to your personal information.
- Functional cookies
The functional cookies are cookies that facilitate the functioning of the website and provide a more personalised browsing experience
Several examples: language selection, presentation preferences, etc.
- Performance cookies
We use performance cookies to collect information about how users use the website, in order to improve and optimise the website content and make it function more efficiently.
Several examples: counting visitors, ranking most popular web pages, etc.
- Cookie management
By changing your browser settings you can refuse the installation of cookies.
(Internet Explorer) Go to Tools > Internet options > General > Browsing history > Delete > Delete cookies.
You can also delete cookies that have already been installed on your computer or mobile device at any time.
Go to your control panel and select Internet options > General > Browsing history > Delete > Delete cookies.
Article 9: Applicable law and jurisdiction
Any dispute relating to the use of the Telenet services shall be governed by Belgian law. Disputes between users and Telenet shall be subject to the exclusive jurisdiction of the courts of the judicial district Antwerp, division Mechelen.
Article 10: Other provisions
In the event that any one or more of the provisions in these Conditions of Use proves to be or becomes invalid or void, this will have no impact on the continuing validity of the remaining provisions, and the invalid or void provision will be replaced by a provision that coincides as closely as possible with the intent of the invalid or void provision.