General Terms and Conditions of Use
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INTRODUCTION
CITYWIFI FREE and CITYWIFI PREMIUM are services that provide our customers with access to the Internet from 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 and Conditions 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 - CITYWIFI FREE SUBSCRIPTION
Your CITYWIFI FREE subscription 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.
For more information about the type, scope and purpose of the collection, processing and use of the personal data as well as about your rights please refer to our Privacy Policy.
ARTICLE 2 - FREE CITYWIFI PREMIUM TRIAL
2.1. From time to time, we may offer trials of paid subscriptions for a specified period without payment or at reduced rate. The free trial period is intended to allow new customers to try the service out. HOTCITY S.A. reserves the right to determine whether you are eligible for a free of charge trial and to withdraw or modify a trial at any moment, without notice or liability to the extent permitted by law.
2.2. Certain trial or discovery offers are subject to the provision of credit card details in order to benefit from such offer. By providing this information, you agree that your trial will automatically be converted into a paid subscription on the first day after the end of the free trial period. If you don’t cancel the paid subscription before the trial ends, you authorise HOTCITY S.A. to automatically charge you the agreed price each month until you cancel the subscription. IF YOU DON’T WANT TO BE CHARGED ON A MONTHLY BASIS, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE TRIAL PERIOD ENDS ON THE PAGE “MY ACCOUNT”.
ARTICLE 3 - CITYWIFI PREMIUM SUBSCRIPTION
Your CITYWIFI PREMIUM subscription will continue month-to-month until terminated. Unless you cancel your subscription before your monthly renewal date, you authorize us to charge your next month’s subscription fee to your Payment Method.
To use the CITYWIFI PREMIUM service you must have a 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 subscription 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 SUBSCRIPTION
4.1. The subscription 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 subscription. 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 subscription, 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 and follow the instructions for cancellation ;
- notify us in writing by sending a letter to HOTCITY S.A. 11, avenue Guillaume L-1651 Luxembourg or an e-mail to contact@hotcity.lu. You must specify your username and/or phone number used during the creation of your account.
If you cancel your CITYWIFI PREMIUM subscription, it will automatically terminate at the end of your current billing period and you will be downgraded to the CITYWIFI FREE subscription.
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 service, you will need a device that meets certain system and compatibility requirements (which may be amended) and a mobile phone number so that we can verify your identity via SMS. Your ability to use our service and the performance of the service offered, may be affected by these factors.
5.2. The CITYWIFI FREE AND CITYWIFI PREMIUM services are for outdoor use only. During your CITYWIFI FREE or CITYWIFI PREMIUM subscription 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 General Terms and Conditions 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 user 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) 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“
9.1. This site uses client-side cookies. These are small text files that are used to analyse users’ browsing patterns and habits (frequency and duration of visits, pages viewed, etc.).
They are sent by the website and stored in a special folder on the user’s computer. A cookie contains the name of the server that created it, an identifier in the form of a unique number and an expiry date. The unique identifier allows the website to ‘remember’ the user’s computer whenever they visit the website. Session cookies are deleted from the user’s computer when the session is closed. However, persistent cookies remain on the user’s computer for one month after the end of the session.
9.2. The user can decide whether or not to allow the website to store cookies on their computer. They may change their browser settings at any time to prevent cookies from being accepted and stored. Additionally, from their browser, the user can delete any cookies that have already been stored on their computer.
9.3. If the user opts to refuse cookies from this website, some features may not work as expected or may be disabled. Hence, it is recommended that users update their browser settings to accept cookies from the website.
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 General Terms and Conditions of Use and information provided by Customer Support or other portions of our website, these General Terms and Conditions of Use will apply.
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 16h) 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 SA – 11, avenue Guillaume – L-1651 LUXEMBOURG.
If no friendly agreement could be found, the user has the possibility to file a complaint at the Online Dispute Resolution Platform of the European Commission, who will then transmit the complaint to the alternative dispute resolution entity – the Institut Luxembourgeois de Régulation.
ARTICLE 12 - GOVERNING LAW
These General Terms and Conditions 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 THE GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use may be modified or supplemented at any time, without prior notice, to reflect changes made to the website or changes in the law, or for any other reason which may be considered necessary.
Last update : March 2022