CONDITIONS OF USE FOR TELENET HOMESPOT AND TELENET HOTSPOT
Telenet's wi-fi network consists of the Telenet Homespots and the Telenet Hotspots.
Telenet Internet Customers with a Homespot-compatible wifi set-up have access to the entire Telenet wi-fi network.
CONDITIONS OF USE FOR TELENET HOMESPOT
Homespots ("the Service") is the network of all shared equipment and connectivity of Telenet Internet Customers with a Homespot wi-fi compatible set-up who have accepted the Service ("the Customer"). The User is the Customer who makes use of the Service ("the User").
The Customers and Users unambiguously 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. As a Telenet Internet Customer, the Customer is deemed to have acquainted himself with these Conditions of Use and to have accepted them. If not, the Customer/User may no longer use the Service. These Conditions of Use can be found here
Article 1: Provision of the Service
- Telenet only provides the Service to Telenet Internet Customers.
- Telenet Internet Customers who have not accepted (opt-out) or Telenet Internet Customers whose access to the Telenet internet service is limited or has ended may not use the Service.
- For this purpose, the 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 a distinct use of the Telenet equipment and connectivity provided to the Customer, with minimal or no impact on the Customer's internet service.
- The shared equipment and connectivity provided to the Customer are automatically part of Telenet Homespots unless the Customer uses the opt-out.
- The Customer may not under any circumstances make a claim for compensation of any sort for his participation in the Service or for the possible shared use of the equipment and connectivity by the User.
- Telenet will endeavour, to the best of its ability, to supply the Service in the best possible way and to resolve any interruptions, faults or repairs as quickly as possible.
- Telenet reserves the right to amend, cancel or stop the Service at any time, without being obliged to pay any compensation for this to the Customer or User.
Amendment to or stoppage of the Service has no consequences for the Telenet internet subscription, within which the Service is merely one option.
Article 2: Access to the Service
2.1. Every Customer automatically shares the Telenet equipment and the connectivity provided to him unless he uses the opt-out via My Telenet [Mijn Telenet].
2.2. A Customer who no longer wishes to share the Telenet equipment and the connectivity provided to him may review his decision to access the Telenet Homespots at any time, via My Telenet.
2.3. The Service is an option for which the Customer can re-subscribe at any time via My Telenet.
Article 3: Use of the Service
3.1. User Right. Telenet hereby grants to the User the temporary, non-exclusive, personal and non-transferable right to use the Service. The Customer/User is responsible for all use or misuse of this user right by third parties.
3.2. No reproduction right or right of public diisclosure. The Customer/User accepts that he is obtaining no rights other than the user right specified in Article 3.1 of these Conditions of Use. The Customer/User accordingly has no right to transfer, commercialise, make available to the public or publicly share the Service or any part thereof, in any way.
3.3. Piracy (= 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 Customer undertakes to indemnify and compensate Telenet or any third parties against all claims or payments made by Telenet or third parties arising from any infringement of these provisions.
3.4. Code of Conduct. The User undertakes to use the Service for lawful purposes only. Telenet is entitled to issue instructions to the User in connection with the use of the Service, based on operational, quality, security and other considerations. The User undertakes to obey any such instructions. Telenet advises the User not to transfer any confidential or sensitive information (personal data, payments, etc) via the Service.
3.5. Every location of this type of shared equipment is depicted anonymously on a publicly accessible Telenet webpage, by means of an icon on a map indicating the approximate place where it is possible to access the Telenet wi-fi network.
3.6. Unauthorised use. The Customer undertakes to keep his user name and password confidential and never to disclose these to any third parties. The Customer/User is responsible for all use or misuse of this information by third parties. The Customer furthermore undertakes that he will not use the Service to issue statements on behalf of anyone else (natural or legal persons).
3.7. Equipment. The User undertakes only to use suitable, properly functioning equipment and software for the Service. As soon as the User notices or reasonably ought to notice that the equipment/software he is using 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 User must desist from further use of the equipment.
3.8. Telenet reserves the right to end the provision of the Service (temporarily) or charge for it if Telenet has reasonable grounds for believing that the data transfer via its Service is excessive (more than 2 gigabytes per month per User), or to terminate the Service if it is being used for criminal or illegal activities.
3.9. If the User/Customer commits a serious and/or repeated infringment 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 User/Customer resumes 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 4: Limitation of liability
4.1. 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.
4.2. Personal risk. The User personally warrants the equipment and the software required to connect to the Service and also the configuration of this equipment and software. Any adjustments to the configuration of the equipment and/or software are always at the User's risk.
4.3. Liability. The Customer is not liable for the use by a User unless that User obtained access to the Service with the Customer's access rights.
4.4. 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 Customer, excluding (without being limitative) 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.
4.5. The User indemnifies Telenet against all loss, damage, costs, claims or expenditure arising from the improper use of the Service by the User or by others, and/or from any misunderstanding of the conditions contained in this Agreement.
4.6. The Customer indemnifies Telenet against all loss, damage, costs, claims or expenditure arising from any misunderstanding of the conditions contained in this Agreement.
4.7. Complaints. Any complaints may be lodged via the Telenet Customer Service. This may be done by filling in the form provided on the Telenet website or by sending a letter to Telenet.
Article 5: Sundry provisions.
5.1. Telenet is entitled to amend these Conditions of Use at any time, or to adapt the technical specifications or properties of the Service in accordance with technical, operational, legal or economic requirements. The Customer will be entitled to terminate the Service in the event that any such change has an essential impact upon the Service.
5.2. 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.
CONDITIONS OF USE FOR TELENET HOTSPOT
Neither Telenet, nor any manager or official of the Site where the user enjoys the services (the partners of Telenet), can be held liable for the contents of the services or their use, directly or indirectly. As such, Telenet does not make any undertaking and does not offer any guarantee in connection with the continuity of the internet access, the software, the products or the 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 stipulations and the information presented at any given time.
Any exoneration at the advantage of Telenet unconditionally applies to partners of Telenet who allow Telenet to offer the services on the sites.
Article 2: Hyperlinks
If links are established via the services of Telenet with other sites on the internet - directly or via search engines - Telenet does not bear responsibility for the links, the contents or the existence of these other sites. For Telenet has no control over the links, the contents or other features of these websites. Anyone using these search engines has to 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 3: Helpdesk :
Telenet provides a helpdesk for the users in accordance with the Practical Terms which can be viewed on Telenet's website.
The users can use this helpdesk within the limits set in the Practical Terms. Telenet cannot be held liable in any way for any discontinuities whilst providing the helpdesk to the 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 users accept that it is not the intention of the helpdesk to offer more extensive services.
Telenet is not in any way liable for any damage, whatever the cause or nature of that damage, which the user may incur using the helpdesk or Telenet's services in general, whether it be to his/her computer, his/her documents or files on his/her computer.
Article 4: Intellectual rights
The contents of Telenet's websites are protected at all times by the applicable intellectual rights (without being exhaustive: brands, copy rights, patents,…). 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 rights can lead to civil or criminal prosecution. The users of the services of Telenet explicitly commit themselves to respect the intellectual rights of Telenet and third parties. Telenet reserves the right to take action as it sees fit and to take all measures it deems suitable to stop or prevent breaches of its intellectual rights or those of third parties, without the possibility of them being held liable as a result of these initiatives, regardless the reason.
Article 5: Commitment of the user
As a user of Telenet you commit yourself to not distributing contents as described below or to participate in the distribution of such contents. The following contents are 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 the legal lotteries;
- Offering or requesting intoxicating and/or psychotropic substances by persons not having the authority to do so;
The user will endeavour to inform Telenet or the legal authorities of any illegal contents which have come to his/her attention as soon as possible. You can contact Telenet via its website and the legal authorities via the website www.gpj.be.
Article 6: Protection of privacy
Telenet solely retains information regarding the users which is necessary or useful when offering services and the exploitation thereof with regard to third parties. The details are held on record in accordance with the applicable statutory regulation in Belgium. Any user has the right to enquire what information is being kept on him/her by Telenet, and also has the right to request rectification of this information as well as the deletion of it from the data records. Any such request must be made in writing and sent to Telenet at the address mentioned above.
Article 7: Payment
Telenet offers services via its site. 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 indeed do anything possible to ensure that the payment is made in the securest possible way allowed by current technology, yet accepts that Telenet essentially only has a best endeavour obligation and cannot be held liable for any damages.
Article 8: Applicable law and competent courts
Any dispute with regard to the use of the services of Telenet is subject to Belgian law. In the event of disputes between users and Telenet only the courts of Mechelen are competent.