The present general terms and conditions of use have as their object to define the terms and conditions of use:
(a) of the HOTCITY Network Access Services offered by HOTCITY
(b) of the Internet Access Services offered by HOTCITY
These services allow the user to connect to the public HOTCITY Wi-Fi network and to surf the Internet, by using a laptop, tablet or smartphone equipped with a Wireless Lan network adapter supporting the IEEE 802.11b/g/n standard, from the zones which are covered by HOTCITY.
Any access and/or use of the Services implies the unconditional acceptance and respect of all the terms of the present general terms and conditions of use.
Should Users not wish to accept all or part of the general terms and conditions of use, they are requested not to use any Service.
2.1. HOTCITY: the company HOTCITY S.A. offering the Services as defined in the general terms and conditions herein.
2.2. User: any person accessing the Services as defined in the general terms and conditions herein.
2.3. HOTCITY network: wireless local access network, named HOTCITY, accessible to the public via Wi-Fi access points and exploited by HOTCITY S.A.
2.4. Hotcity Network Access Service: service that allows the User with a Wi-Fi compatible laptop, a tablet or a smartphone (hereinafter "terminal") to get connected for free to the HOTCITY communication platform at the zones covered by the HOTCITY Network. This Service does not include the provision of e-mail addresses, the hosting of web pages or access to the Internet.
2.5. Internet Access Service: service that allows the User having a Wi-Fi compatible laptop, tablet or smartphone (hereinafter "terminal") to be wirelessly connected to the Internet at the zones covered by the HOTCITY Network. The Internet Access Service consists of basic Internet access functions. This service does not include the provision of e-mail addresses or web page hosting. HOTCITY does not guarantee communications with corporate networks. The User must therefore check for himself whether it is technically possible to be connected to the private network of his company or not. The Internet Access Service is accessible under the conditions and restrictions of the offering acquired by the User against prepayment (credit card or access code), via subscription formula or for free.
2.6. Access code: code you receive when buying an prepaid access to the HOTCITY Wi-Fi network.
3.1. The Services are accessible 24 hours a day, 7 days a week, during the opening hours of the public locations covered by the HOTCITY Wi-Fi network.3.2. The Internet Access Service is available under the terms and within the limits of the prepaid credit of Wi-Fi communications subscribed by the User. In order to access the Internet Access Service, the User is required to enter an access code or a valid login and password.
3.3. In the event of a purchase of an HOTCITY access code, the user can choose between 4 prepaid credits of Wi-Fi communications (2 hours, 5 hours, 48 hours or 30 days).
3.4. Regarding the prepaid credits of 2 hours and 5 hours, the connection time can be split over a period of 365 calendar days, starting from the User's first identification to the HOTCITY Wi-Fi network.
The prepaid credits of 48 hours and 30 days can not be split up. Once the connection to the Internet over the HOTCITY Wi-Fi network has been validated, a countdown will be activated and the connection will be automatically stopped after the chosen time limit has been reached.
Once the login and password have been entered by the User, any connection to the Internet performed via the HOTCITY Wi-Fi network shall be counted against the prepaid connection time to which the User has subscribed. The meter reading obtained by HOTCITY shall be the basis for determining prepaid credit for the HOTCITY Internet Access service.
3.5. In case a "free Internet Access" is proposed at a zone covered by HOTCITY, the offer is available on the home page of the Wi-Fi portal. The free credit is accessible on line, after validation of these general terms and conditions of use directly on the portal of the zone in question.
3.6. The coverage map of HOTCITY's Wi-Fi network is available at: https://www.hotcity.lu/en/laptop/www/about/Wi-Fi-coverage.
The prices of the prepaid credits are set down in the latest HOTCITY price list at the time of purchase. The prices are given all taxes included.
5.1. The User using the Services undertakes not to send messages and/or electronic messages with prohibited, illicit, illegal, insulting, defamatory content or with data that goes against good moral standards or the public order and which harm or are likely to harm the rights of third parties, particularly intellectual property rights or copyrights.
5.2. The User is prohibited from any fraudulent, extreme or excessive use of the Services, especially such as intentional or unintentional blockage of email servers and/or of email addressees by indiscriminate direct mail advertising or of its network, or the dissemination of teasing or trolling messages that generate an excessive number of answers and are thus able to disturb the availability of the aforementioned servers or network.
5.3. HOTCITY further warns the User against the nature and diversity of content available on the Internet, which can be harmful to minors.
5.4. Only the User is responsible for the content he/she provides on the Hotcity Network or on the Internet by using these Services. He/She is also fully responsible for the texts and/or opinions he/she expresses. Only the user is responsible for any direct or indirect, material or immaterial prejudice caused to third parties due to his/her use of the Services. In this respect, he/she undertakes to ensure that HOTCITY is not held liable for any claim made by third parties.
HOTCITY takes the appropriate technical and organizational measures in order to guarantee, as far as possible, the security of the Services. The User is, however, informed of the following risks:
6.1. The User acknowledges having been informed about the defects in the reliability of the Internet, especially in terms of the absence of security relating to the transmission of data. If he/she wishes to reinforce the level of security, the User himself/herself may install a security software application, such as firewalls or a VPN (Virtual Private Network). With regard to third party software, HOTCITY is not liable for the functioning of the security software.
Absolute protection against intrusions or illegal listening may not be guaranteed. HOTCITY waives all liability with regard to such events. In particular, it is the Userâs responsibility to take all appropriate measures to protect his/her own data and/or software particularly from contamination by potential viruses circulating on the Hotcity Network or on the Internet and from intrusion of a third party into the system of his/her terminal for whatever purpose, and to carry out back-ups on his/her terminal prior to and subsequent to the implementation of the Services.
6.2. The User also acknowledges that he/she is fully informed of the lack of reliability of electronic communications networks, more specifically in terms of lack of security related to the transmission of data and non-guarantee of performances related to the volume and speed of transmission of the data.
The User acknowledges having been informed that the integrity, the authentication and the confidentiality of information, files and data of any kind which he/she intends to transfer via the Hotcity Network or the Internet cannot be guaranteed. The User must not, therefore, transmit messages via the Hotcity Network or the Internet which he/she wishes to keep completely confidential.
6.3. HOTCITY particularly will not assume responsibility for any damage generally caused by spamming or Evil Twin operations, Hacker attacks or any other fraudulent activities on the Network or the Internet.
7.1. HOTCITY is not responsible for the content accessible by the Hotcity Network and by the Internet and for any harm which might arise from their use.
Given the secrecy from which private correspondence must benefit and the legal provisions applicable in this matter, HOTCITY exercises no control over the content or the characteristics of the data received or sent by the User. However, to ensure the correct management of the Service Access System, HOTCITY reserves the right to delete any message or prevent any operation of the User which is likely to disrupt the smooth running of the Services or which does not adhere to operating, legal or ethical rules, the general code of conduct, moral standards and/or public order.
Exception to this rule of confidentiality may be made in the limits authorized by the law, upon the request of the public and/or legal authorities.
7.2. HOTCITY cannot be held liable for the use of data and information which the User has introduced onto the Network or the Internet.
HOTCITY waives all liability as to the consequences of a fraudulent, abusive or excessive use of the Services by the User.
7.3. As the terminal used for the connection to the Services is under the entire responsibility of the User, HOTCITY waives all liability in case of damage on the User's equipment due to his/her connection to the Services.
7.4. HOTCITY implements all reasonable means available to it to assure quality access to the Services, but is not bound by any obligation of results. HOTCITY cannot, furthermore, be held liable for any malfunctioning of the Hotcity Network, the Internet or servers or any other event which would prevent or downgrade access to the Services.
7.5. The responsibility of HOTCITY shall not be incurred:
8.1. HOTCITY reserves the right to suspend or refuse access to the Services, unilaterally and without prior notice, without the User being able to demand any indemnity, in case of breach of one of the clauses of the general terms and conditions of use herein and notably in the event:
8.2. HOTCITY reserves the right to interrupt, suspend temporarily or modify, without prior notice, the access to all or part of the Services, so as to assure its maintenance or for any other reason, without the interruption or the suspension giving right to any compensation.
The User of the HOTCITY Network Access Service can be identified only on the basis of his/her terminalâs MAC address. In this case, the User does not need to provide personal information within the framework of this Service. However, the User is informed that the access to certain content, applications or services specific to the Hotcity Network Access Service may require registered identification. In this case, the User must provide a User ID and an Access Code.
The Access Codes enabling the User to sign in and connect are personal and confidential. The User undertakes to keep the Access Codes confidential and not to disclose them in any form whatsoever. By using these Access Codes, the User has personalized and exclusive access. He/she is therefore prohibited from giving it to third parties. Any access resulting from the use of the Userâs Access Codes is the Userâs full responsibility with HOTCITY waiving all liability in this respect.
HOTCITY takes the appropriate measures to ensure the protection and confidentiality of said information, which it holds or processes in compliance with the provisions of the modified law of 2 August 2002 on the protection of persons with regard to the processing of personal data and the amended law of 30 May 2005 on specific provisions for the protection of persons with regard to data processing. The purpose of the data collected is to assure the provision of the Services. The data is solely intended for HOTCITY and shall not be passed on to a third party. The data is kept for the duration of access to the Services.
It may be the case that certain cookies are saved on the User's terminal when the latter uses the Services. These files facilitate the browsing for the User. Cookies memorize the User's data so that the latter does not have to re-enter it the next time he/she visits it. The User can neutralize them or delete them from his/her hard drive. If the User wishes to be informed systematically of the installation of a cookie (via a warning message) or to prevent the saving of such a file, he/she simply has to configure his/her Internet browser appropriately.
9.3. Traffic-related data
It is possible that, within the framework of the use of the Services, HOTCITY collects, for the duration and for the requirements of said Services, data related to the traffic generated by the User and stores, keeps and processes the data from the communications made (log files). This is accepted by the User. This data is kept and stored for 6 months.
The User is informed that the traffic-related data may be processed in view of selling electronic communication services or supplying value added services such as, for example, the supply of contextual contents according to the usage profile. By accepting the present terms and conditions of use, the User gives his/her agreement to this processing. The User is informed that he/she has a right to oppose such processing at any time by sending an email to HOTCITY (email@example.com).
9.4. Localization data
The User is informed that the localization data, i.e. the information indicating the geographic position of the User's terminal equipment, may be processed and sent to third parties in view of the provision of value added services (for example: tourist guide, business information). By accepting the present terms and conditions of use, the User gives his/her agreement to this processing. This data is kept and stored for 6 months. The User has the possibility of withdrawing his/her consent to this processing at any time by sending an e-mail to HOTCITY (firstname.lastname@example.org). The User has the possibility of prohibiting temporarily the processing of this data for each connection to the Network by clicking on the button "No, I do not accept the localization services".
HOTCITY will not be liable for the non-performance or for the partial performance of its obligations if said non-performance or partial performance results from a fact independent of its will or beyond its control, as well as in a case of force majeure.
The user can contact the HOTCITY helpdesk for technical issues by phone under 27 11 5000 (workdays from 7h30 till 17h30) or by e-mail to email@example.com. In the event that the user is not satisfied with the helpdesk's answer, he has the possibility to contact the HOTCITY management by sending a letter to: HOTCITY SA - 11, avenue Guillaume - L-1651 LUXEMBOURG.
If no friendly agreement could be found, the user has the possibility to contact the Institut Luxembourgeois de RÃ©gulation, according to the article 80 (2) from the law of 27th February 2011 concerning the networks and electronic communications services.
In case of dispute, the courts of the legal district of Luxembourg are the only place of jurisdiction recognised and accepted by both sides. Only Luxembourgish law is applicable.
HOTCITY reserves the right to modify the general terms and conditions of use herein at any time.