Date of last version November 2016
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Fon Wireless Limited (hereinafter, “Fon” “us”), is a company registered in the UK with company number 5661131 located at 25 Farringdon Street EC4A 4AB, London.
The TOU regulates the provision of Services from Fon to Wholesale Guest Visitors (hereinafter “You” or “you”). The content, products and services contained in the access portal, App, platform, etc where the Service is offered (hereinafter “Access Platform”) are not designed or directed to persons resident in jurisdictions where such contents or Services are not authorized or permitted. For clarification purposes, Fon is a service provider of the Fon Wholesale Partner for the provision of the WiFi Services.
Unless expressly stated otherwise, the present TOU shall constitute the contractual relationship between Fon and Wholesale Guest Visitor.
You acknowledge that you have not relied on any other representations not specifically included in this Agreement. You represent that you are of legal age and have the legal capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into this Agreement and agree to be personally liable for all accounts if you are not so authorized.
Who can access the Fon WiFi Service for Wholesale Guest Visitors?
In order to become a Wholesale Guest Visitor you need to register with Fon Wholesale Partner and click the appropriate box to confirm you have read, understood and accept the present TOU, terms and conditions of Fon Wholesale Partner and the other terms where applicable. Wholesale Guest Visitors need to purchase a Pass or may be granted with limited or unlimited access in virtue of a specific agreement between Fon and Fon Wholesale Partner.
Description of the Services
The Services provided by Fon consist in:
1. Facilitating internet access to Fon Spots
2. Providing the authentication for such access
3. Offering access to the Fon Spots by the sale of Passes to Wholesale Guest Visitors
Wholesale Guest Visitors can connect to the Fon Network through any Fon Spot when these are available.
To connect to the Fon Network, you will have to associate to a Fon Spot, and follow the authentication process provided by the Fon Wholesale Partner.
Fon will validate the authentication and, subject to this Agreement, will permit you to connect to the Fon Spot.
2. Wholesale Guest Visitors
In order to become a Wholesale Guest Visitor, you will need to register with Fon Wholesale Partner, purchase a Pass through Fon Wholesale Partner in accordance with the available means of payment or be granted with limited or unlimited access in virtue of the promotion or specific agreement between Fon and Fon Wholesale Partner.
The applicable rates are contained in the Access Platform. The Wholesale Guest Visitor may obtain information on the applicable rates at any time through the Access Platform. These rates will include the relevant indirect taxes and any other charges where applicable and may vary from the country.
The means of payment for accessing Services that a Wholesale Guest Visitor may choose from shall be listed on the Access Platform and they will be offered through the registration process by Fon Wholesale Partner.
The Wholesale Guest Visitor will pay Fon Wholesale Partner the corresponding amount for each Pass.
Fon reserves the right to change, at any time, the prices, promotions and/or discounts for the products and Services that Fon provides. By continuing to use the Service after the price change takes effect, you accept the new Price.
You agree to use the Services and accept to use them only for lawful purposes. If you use Services for any unlawful purposes, or provide any unlawful or illegal content, or breach these TOU or Fon Wholesale Partner policies, Fon may terminate this Agreement.
3. Fon Obligations
Fon will provide and control access to Fon Spots, authenticating and validating all Wholesale Guest Visitors who connect through the Fon Spots.
Quality of Service
Fon is unable to provide any warranties regarding the quality levels of connectivity.
This may depend upon your location related to a Fon Spot.
Fon cannot guarantee the access speed and the data transmission speed. Fon will not accept any responsibility for any connectivity issues you may experience.
Fon reserves the rights to suspend or revoke the access should fraudulent misusage be detected.
For sake of clarity, in order to get access to the Fon Spots, the Wholesale Guest Visitor shall pay a Pass as described in the Access Platform. The Pass will expire after you reach the number of minutes you have paid for.
Fon Wholesale Partner shall have a customer care service available with the aim of responding to the queries related to the provision of Services. You can contact Fon Wholesale Customer according to the contact information provided by Fon Wholesale Customer in its applicable policies or its Terms and Conditions.
Likewise if you have any queries related to payments, refunds, login, etc please contact directly to Fon Wholesale Partner.
4. Intellectual and Industrial Property Rights
You accept that Fon and the Fon symbol, logos and graphics are trademarks of Fon and that Fon rights to this property are protected by law. You will immediately stop using the symbol, logos and graphics when the Agreement is terminated.
You accept that the hardware, software, and Services is protected by intellectual and industrial property laws and that Fon rights to this property are protected by law. You will observe the industrial and intellectual property rights, even after the termination of the Agreement.
You agree that any services containing proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.
You recognize and accept that all the intellectual and industrial property rights, the Service, the content and/or whatever other element inserted in the Access Platform (including, purely for information purposes and without limitation, brands, logotypes, texts, images, graphics, etc.) are protected by the applicable law. It is strictly forbidden to reproduce, distribute, publicly communicate, transfer or whatever other act of exploitation that has not been expressly authorized by the holder of the operating rights
No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, assign, copy, transfer, or transmit the software, or any data obtained through the software, to any third party or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Fon is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
5. Fon Spot Legal Notice
Fon allows Fon Wholesale Partner and you to gain access through the Fon Spots. If you are able to access this Fon Spot it is because you have previously registered and accepted the TOU and the terms and conditions of a Fon Wholesale Partner, which allows you to access this Service.
This Legal Notice should be read in its entirety. It is your responsibility to read it. If you disagree with any of the terms below, you should not access this Service.
In virtue of this Legal Notice Fon informs you that:
1. Access to this Fon Spot
Fon may use your current location, gained through your mobile or device, only in order to show you available Fon Spots near your location. Fon is not responsible for any expenses relating to the connection to a Fon or Fon Wholesale Partner powered by the Fon WiFi signal.
2. Quality of Service
Fon Spots are not owned or operated by Fon. Fon is not able to estimate upload or download speeds at these locations.
Fon is unable to provide any warranties as to the levels of connectivity you will receive via your mobile or device. This may depend upon your tariff, your agreement with the Fon Wholesale Partner or your network provider, your handset and your location related to a Fon Spot. Connectivity failure to access may depend on your contract with a Fon Wholesale Partner providing you a limited access to the Fon Network.
Fon will not accept any responsibility for any connectivity issues you may experience.
6. Final Provisions
Terminating, changing or transferring, this Agreement
Either Fon or You may decide to end this Agreement at any time. If you wish to end this Agreement, you may contact the Fon Wholesale Partner by the means explicitly provided by Fon Wholesale Partner in its terms and conditions. Fon may terminate this Agreement at any time, for any reason, including but not limited to violation or evidence of violation of any of the terms and conditions herein. Further Fon may suspend or revoke access if Fon believes the Wholesale Guest Visitor is in violation of the obligations or the spirit of these TOU.
If Fon wishes to end this Agreement, Fon will inform you through Fon Wholesale Partner. This Agreement will end immediately upon either party termination. However, you will continue to accept and respect Fon’s intellectual property rights.
Fon may decide to change this Agreement at any time. We expect that changes will be necessary as new features are added, and as characteristics and specifications are added to the software and Services. We shall communicate through Fon Wholesale Partner any change to these TOU one month before any such changes enter into force. If you are unhappy with these changes, or if you feel these changes will affect you in a negative way, you are free to end this Agreement. Fon shall be able to transfer or assign its position under this Agreement to any another entity of its group. The transferee shall therefore subrogate in all rights and obligations of Fon under this Agreement. You accept any of the said transfers and assignments.
Limitation of Liability
Fon shall only be liable under this Agreement for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
Fon shall not be liable for damages incurred by reason of other services or goods received through or advertised on the Services or received through any links provided in the Services, as well as by reason of any information or advice received through or advertised on the Services or received through any links provided in the Services.
Fon does not exclude or limit its liability in respect of (a) its willful default or fraud; or (b) death or personal injury.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provision omitted.
This TOU, represents the final and entire agreement between you and Fon regarding the Service and products and supersede all previous agreements relating to the Service.
Jurisdiction and Law
This Agreement is subject to the laws of England, without regard to choice or conflicts of law principles and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
Access Platform is the portal through which Wholesale Guest Visitor can register and access to the Fon Network.
Fon Network is the network of WLAN Fon Spots located in a specific territory.
Fon Partners means a third party which has entered a partnership with Fon for roaming access to their networks.
Fon Spot or Hotspot means a public WLAN access point that belong to the Fon Network and that is operated by Fon or Fon Partners.
Fon Wholesale Partner means a third party which has entered a partnership with Fon for the provision of WiFi services or wholesale services across certain Fon Networks.
Pass (es): Ticket that is purchased by a Wholesale Guest Visitor in order to be able to access Fon Spot. Service (s) o are the services provided by Fon consist of providing access to the Fon Network, providing information about the location of the Fon Spot, authenticating and registering the Wholesale Guest Visitors, and any additional service that Fon offers.
Third Party means any person or entity that is not a party to this Agreement.
Wholesale Guest Visitor is a registered user of Fon Wholesale Partner who purchases and uses paid access to a Fon Spot or is otherwise entitled to free limited or unlimited access in virtue of a promotion or specific agreement between Fon and a Fon Wholesale Partner
Wi-Fi means Wireless communications technology.
You and you: refer to you the Wholesale Guest Visitor.