CITYWIFI FREE and CITYWIFI PREMIUM are services that provide our members with access to the Internet in the zones which are covered by the public CITYWIFI FREE or CITYWIFI PREMIUM network.
The CITYWIFI FREE and CITYWIFI PREMIUM services are provided to you by HOTCITY S.A., a Luxembourgish stock company. These Terms of Use govern your use of our services. As used in these Terms of Use, „CITYWIFI FREE", „CITYWIFI PREMIUM“ "our service" or "the services“ means the service provided by HOTCITY S.A. Any access and/or use of the services implies the unconditional acceptance and respect of all the terms of the present general terms of use.
ARTICLE 1. FREE MEMBERSHIP
Your CITYWIFI membership is free of charge. You must create a CITYWIFI account in order to be able to use the service. No information provided by you will be disclosed to any outside parties, except when it’s required by the law.
ARTICLE 2. FREE CITYWIFI PREMIUM TRIAL
2.1. Your CITYWIFI PREMIUM membership may start with a free trial. The free trial period of your membership is intended to allow new members to try the service and is offered only once per user. You will be notified during sign-up to the CITYWIFI PREMIUM service whether you are eligible for a free trial.
2.2. We will bill your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our Wi-Fi portal or website and click the „My account“ link on the homepage. You will not receive a notice from us that your paid membership has begun.
ARTICLE 3. CITYWIFI PREMIUM SUBSCRIPTION
Your CITYWIFI PREMIUM subscription will continue month-to-month until terminated. Unless you cancel your membership before your monthly renewal date, you authorize us to charge your next month's membership fee to your Payment Method. To use the CITYWIFI PREMIUM service you must have Wi-Fi ready device and you must provide us with a current, valid, accepted method of payment, which you may update from time to time. You can find specific details regarding your membership with CITYWIFI PREMIUM by visiting our Wi-Fi portal or website and clicking on the „My Account" link.
ARTICLE 4. BILLING OF THE CITYWIFI PREMIUM MEMBERSHIP
4.1. The membership fee for our service will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month. Visit our Wi-Fi portal or website and click on the „My account„ link to see your next payment date.
4.2. You can change your Payment Method by visiting our Wi-Fi portal or website and clicking on the „My account„ link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your CITYWIFI PREMIUM membership, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates.
4.3. You can cancel your CITYWIFI PREMIUM subscription at any time, and you will continue to have access to the CITYWIFI PREMIUM service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month subscription periods.
To cancel your subscription you can :
- go to the „My Account" page on our portal and follow the instructions;
- send us a written notification of cancellation addressed to HOTCITY S.A. 11, avenue Guillaume L-1651 Luxembourg, a fax to the number +352 2663 2665 or an e-Mail to contact@hotcity.lu. The notification of cancellation must contain your username and/or phone number used for the registration.
If you cancel your membership, it will automatically end at the end of your current billing period.
4.4. We may change our service plans and the price of our CITYWIFI PREMIUM service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following sms notice to you.
ARTICLE 5. CITYWIFI FREE AND CITYWIFI PREMIUM SERVICES
5.1. To use the CITYWIFI FREE and CITYWIFI PREMIUM services, you will need a device that meets the system and compatibility requirements, which may change from time to time and a working mobile phone number, to which we can send you your credentials by SMS. Your ability to use the service and the performance of the service may be affected by these factors. Such system requirements are your responsibility.
5.2. The CITYWIFI FREE AND CITYWIFI PREMIUM services are for outdoor use only. During your CITYWIFI FREE or CITYWIFI PREMIUM membership we grant you a limited, non-exclusive, non-transferable, license to access the CITYWIFI FREE or CITYWIFI PREMIUM service and to surf the Internet. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
5.3. The number of devices on which you may simultaneously use the CITYWIFI FREE or CITYWIFI PREMIUM service is limited to 1 device.
5.4. You agree to use the CITYWIFI FREE or CITYWIFI PREMIUM service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
5.5. The quality of the service may vary from device to device, and may be affected by a variety of factors, such as your location, external disruptive factors, the available bandwidth and/or the number of simultaneously to the respective antenna connected users.
ARTICLE 6. SECURITY
6.1. HOTCITY takes the appropriate technical and organizational measures in order to guarantee, as far as possible, the security of the service. The user acknowledges having been informed that communication via the CITYWIFI FREE or CITYWIFI PREMIUM network does not offer the same level of safety as communication via standard Internet connections, especially in terms of the absence of security relating to the transmission of data. Absolute protection against intrusions or illegal listening may not be guaranteed. The User must not, therefore, transmit messages via the Wi-Fi network or the Internet which he/she wishes to keep completely confidential. 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.
6.2. 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 Wi-Fi network or the Internet.
6.3. As the device used for the connection to the network is under the entire responsibility of the user, HOTCITY S.A. waives all liability in case of damage on the user's equipment due to his/her connection to the network or to the Internet using the network.
ARTICLE 7. PASSWORDS & ACCOUNT ACCESS
7.1. The member who created the CITYWIFI FREE or CITYWIFI PREMIUM account and whose Payment Method is charged (the "Account Owner") has access and control over the CITYWIFI FREE or CITYWIFI PREMIUM account. To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
7.2. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the CITYWIFI portal or website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, HOTCITY S.A. or our partners from identity theft or other fraudulent activity.
ARTICLE 8. SERVICE QUALITY
8.1. HOTCITY S.A. implements all reasonable means available to assure quality access to the service, but is not bound by any obligation of results. HOTCITY cannot, furthermore, be held liable for any malfunctioning of the Network, the Internet or servers or any other event which would prevent or downgrade access to the Service.
8.2. The responsibility of HOTCITY shall not be incurred:
- in the event that a Wireless Lan network adapter (IEEE 802.11b/g/n) of the user is incompatible with, or fails to function with the Network,
- in the event of incorrect use of the Service by the user,
- in the event of incorrect installation and/or an incorrect configuration and/or a fault in the user's mobile devices,
- in the event of the user's non compliance with its obligations,
- in the event that the access to an enterprise virtual private network fails,
- in the event of force majeure.
ARTICLE 9. COOKIES AND TRAFFIC-RELATED DATA
9.1. It may be the case that certain cookies are saved on the user's device when he/she uses the service. These files facilitate browsing for the user. Cookies memorize the user's data so that he/she does not have to re-enter it the next time he/she visits it.
9.2. It is possible that, within the framework of the use of the service, HOTCITY S.A. 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 aforementioned data from the communications made (log files). This is accepted by the User. This data is kept and stored for 6 months.
ARTICLE 10. CUSTOMER SUPPORT
To find more information about our service and its features or if you need assistance with your account, please contact our help desk at +352 27 11 5000. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
ARTICLE 11. COMPLAINTS
The user can contact the HOTCITY help desk for technical issues by phone under +352 27 11 5000 (workdays from 8h till 17h) or by e-mail to helpdesk@hotcity.lu. In the event that the user is not satisfied with the help desk’s answer, he has the possibility to contact the HOTCITY management by sending a letter to: HOTCITY S.A. - 11, avenue Guillaume - L-1651 LUXEMBOURG. If no friendly agreement could be found, the user has the possibility to fill out a complaint form on the Online Dispute Resolution platform of the European Commission (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show) which will forward the complaint to the Institut Luxembourgeois de Régulation (www.ilr.lu) who is the national resolution body.
ARTICLE 12. GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the Grand-Duchy of Luxembourg. In case of dispute, the courts of the legal district of Luxembourg are the only place of jurisdiction recognized and accepted by both sides.
ARTICLE 13. SURVIVAL
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
ARTICLE 14. CHANGES TO TERMS OF USE
HOTCITY S.A. may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you.
Last Updated: August 2018
