VI. General conditions station WIFI network
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A. ObjectThese general conditions govern the use by users, compulsory pre-registered, of a wifi network (below: “wifi”), supplied free of charge by the CFL, if need be with the assistance of an external provider. The registration necessary to access the wifi implies acceptance by the user of these general conditions and his/her consent to the processing by the CFL, or an external provider, of his/her personal data.
The CFL make a wifi available to users in a selection of stations, according to their technical, economic and operational possibilities. The wifi session is established in each station equipped with the necessary installations, for a period of one hour within the limit of the opening hours of the station. After a period of one hour, the user will be disconnected and will be able to restore access by reconnecting to the wifi service.
The total amount of uploaded and downloaded data is limited to 600 MB per day. Beyond this limit, the transfer rate is limited to 500 kb/s.
The CFL do not guarantee either the quality of data transmission or the absence of disruption when providing the service. The user has no right to the wifi being made available in a specific station. The CFL are entitled to block all or part of the service and/or Internet sites at any time.
To be able to use the wifi, the user must register his mobile equipment (laptop computer, tablet or telephone). It is possible to register several terminals per user for the use of the wifi. The registration is valid for 12 months from the date of registration and requires the storage of a cookie on the user's equipment. Registration takes place automatically via acceptance of these general conditions.
D. Rules for use
a. The user uses the wifi under his/her own responsibility and does not hold the CFL liability for any damage he/she may cause to the CFL or to third parties.
b. The user is liable for any direct, indirect, material or immaterial damage caused to the CFL and/or to third parties due to use of the wifi.
c. The user refrains from any abusive, unlawful or inappropriate use.
d. In this capacity, the user refrains in particular from using the wifi for:
- i. downloading or uploading of data protected by intellectual property law, in breach of the laws applicable, by having recourse, for example, to peer-to-peer networks or to similar networks or platforms to offer, download, transmit, etc., content protected by copyright (music, videos, films, e-books, etc.);
- ii. unlawful use for the purpose of saturation, spamming or unavailability of the wifi infrastructure;
iii. consultation, storage, retention or dissemination of content which is discriminatory, offensive, insulting, racist, pornographic, paedophilic, defamatory or psychological or sexual harassment, glorifying violence, contravening moral standards and/or public order;
- iv. in general, any use prejudicing or likely to prejudice the rights of third parties and/or the CFL.
e. The user has sole responsibility for the content he/she places on the Internet via the wifi, as well as for the texts or opinions he/she expresses there.
f. The user has sole responsibility for the security of his/her mobile equipment, which must be free of viruses and other malware programs. Since the data traffic generated between the user’s terminal and the point of access (hotspot) following connection takes place without encryption, the data circulating between these two points may possibly be accessible to third parties. The CFL do not guarantee protection, when using the hotspot, against access by third parties to the data the user has recorded on his/her terminal or that he/she transmits when using the service. It is for the user to ensure security of his/her data. Any claim on the part of the user for compensation as a result of the use of an unsecured connection is excluded in so far as the event having caused the damage is not caused intentionally or through gross negligence on the part of the CFL. This refers in particular to damage concerning the user’s computer equipment or software, losses of data or losses in whatsoever form, associated with the use of the service. The user uses the wifi access at his/her own risk.
E. Liability of the CFL
a. The CFL do not guarantee permanent, uninterrupted access.
i. They are entitled to suspend the provision of the wifi, temporarily or permanently, for technical, maintenance or any other reason, and to take all measures necessary to guarantee the network operation.
ii. They are also entitled to suspend the access of a user to the wifi, temporarily or permanently, without notice or official notification, in the event of excessive use or of failure to observe the rules of use and more generally the general conditions and/or the legislation in force.
b. The CFL are not liable:
i. in the case of service interruption or breakdown;
ii. for damage incurred to the equipment or software;
iii. for the confidentiality, authenticity and integrity of data registered or exchanged via the wifi and for damage resulting from loss or deletion;
iv. in the case of interception of data by a third party (Article 4.f).
c. It is expressly agreed that the CFL can be held liable only in the case of intent or gross negligence on their part.
d. The CFL cannot be held liable in the case of force majeure.
F. Applicable law and jurisdiction
Relations between the CFL and the users are subject to Luxembourg law and the jurisdiction of the courts of Luxembourg City.
Connection to the wifi service generates a cookie, which is used exclusively for technical purposes (access and functioning of the sessions) and not for traffic analysis or for commercial purposes.
The WiFi user is informed that advertising banners are automatically displayed on the visited websites (however only for websites accessed by HTTP protocol). This allows CFL to inform the users about its latest non-binding discounts, promotions or similar offers. These banners are never used for Internet traffic analysis.