Introduction

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These Terms of Use have been drawn up by Publicroam BV (hereinafter also: “Publicroam”, “we”, “us”). The rights and obligations as included in these terms and conditions always apply if you use our publicroam service (hereinafter also: “service” or “publicroam”).

To use publicroam you must agree to these Terms of Use and our Privacy Statement. This concludes a contract between you and us. We recommend that you read the Terms of Use and the Privacy Statement carefully.

These Terms of Use also constitute irrevocable third-party clauses for the benefit of host organizations as referred to in Article 1 paragraph 2. This means that both we and the host organizations may invoke these Terms of Use with respect to you.

Below are the Terms of Use per article.

How the service works

Article 1

1. Publicroam is an authentication service for Wi-Fi networks. By using publicroam you can connect in a secure and easy way to Wi-Fi networks that transmit the network name (SSID) ‘publicroam’ and whose provider has concluded a (service) agreement with Publicroam (hereinafter: ‘Wi-Fi host network(s)’ or ‘host network(s)’).
2. The organizations with which Publicroam has concluded a (service) agreement are hereinafter referred to as ‘host organisation(s)’. See the current list at https://publicroam.nl/en/locations. At these organizations you can use publicroam to use their Wi-Fi host network.
3. The service enables host organizations to securely connect your Wi-Fi-enabled device (such as your smartphone, tablet or laptop, hereinafter also: ‘Wi-Fi device’ or ‘device’) to their Wi-Fi host network, after they’ve verified that you’re entitled to access.
4. You can connect a Wi-Fi device by logging into a host Wi-Fi network. The first time you do this manually. The following times, this is done automatically as soon as your device comes close to a host Wi-Fi network, unless your device or your chosen settings don’t allow this. After your Wi-Fi device has sent your login details, the host organization sends an authentication request to Publicroam. If you have the right to access, the host organization allows a connection to be (automatically) established between your device and the host network.
5. It’s important to understand that publicroam is not an internet access service or other (tele)communcations service. The publicroam service only authenticates your Wi-Fi device, so that you, as a user, can use the host network of the host organization in an authenticated manner.

Registration

Article 2
1. To register as a user, you go through a sign-up procedure in which you provide Publicroam with a number of data, including a mobile number.
2. Registration is only permitted with a mobile number for which you have the right to use at the time of signing up, for example via a subscription with a telecom provider (hereinafter ‘your mobile number’).
3. As a first step in the registration process, fill in the sign-up form on publicroam.nl or download the Publicroam mobile app, stating your mobile number and email address, or, using your mobile number, send an SMS with the code provided by a host organization to 097 – 010 260 261.
4. After receiving your request, Publicroam will create a personal account for you (hereinafter ‘publicroam account’) and you’ll receive personal login details by SMS consisting of a unique username and password (hereinafter ‘your login details’). If you use the app, please verify your mobile number, after which your login details are in the app.
5. You complete your registration by connecting your device to the host network. You do this by selecting the Wi-Fi network name (SSID) ‘publicroam’ on your device and logging in with your login details. When using the app, you’ll be automatically connected to the host network after verifying your mobile number. After this you’re registered as a user.
6. After registration you may be asked for additional information, such as your first and last name.
7. You must truthfully provide all requested information. Publicroam is not obliged to verify the correctness of the data.
8. By logging in with your login details as described in paragraph 3 above, and thus registering yourself with Publicroam, you agree to these Terms of Use and Publicroam’s Privacy Statement.

Changes and cancellation

Article 3
1. If there are any changes to the data you used to register with Publicroam, you must inform Publicroam immediately. You can do this by sending an email to support@publicroam.nl.
2. You can terminate your publicroam account at any time by sending an SMS from your mobile number to +31 (0)97 – 010 260 261 with the text ‘unsubscribe’. You’ll receive a confirmation by SMS. You can also unsubscribe from your publicroam account via the mobile app.
3. If you’ve lost your login details and/or it’s suspected that your login details have fallen into the hands of third parties, you must immediately terminate your publicroam account (in accordance with the procedure in paragraph 2 above). You can then request a new publicroam account (see article 2).
4. When you transfer the right of use for your mobile number to a third party or otherwise waive the right of use, you must first terminate your publicroam account (in accordance with the procedure in paragraph 2 above),
5. If you’ve forgotten your login details, you can terminate your publicroam account (see procedure under paragraph 2 above) and then request a new publicroam account (see article 2).
6. If you no longer have access to your mobile number or if you no longer have the right to use your mobile number (for example because the subscription has been terminated) but your publicroam account is still active, you must inform Publicroam immediately set. You can do this by sending an email to support@publicroam.nl.
7. If you violate these Terms of Use, Publicroam may, in consultation with the host organization, immediately terminate your publicroam account and deny access to the service.
8. Publicroam has the right to terminate a publicroam account at any time without stating reasons.

Use of the service

Article 4
1. You can use the service free of charge provided you comply with the following rules:
1a. A fair-use policy applies with regard to the use of the available bandwidth of a Wi-Fi host network. Downloading or uploading large files such as movies and image files isn’t allowed.
1b. You’re not allowed to use the same Wi-Fi host network on a daily basis and be online for large parts of the day. Publicroam assesses this according to standards of reasonableness and fairness. If Publicroam believes you’re violating this rule, you’ll be asked to adjust your usage. In some cases, a publicroam account can be terminated.
1c. You may not misuse the service, for example by performing acts or having them performed that are in conflict with these Terms of Use or by causing malfunctions or nuisance in the service or in the services of third parties.
1d. You must refrain from activities via a Wi-Fi host network that aren’t permitted under Dutch law. This concerns in any case, but not exclusively:
– the unsolicited sending of large numbers of e-mail messages with the same content and the unsolicited posting of a message with the same content in large numbers of Internet newsgroups (spam);
sending large amounts of unsolicited e-mail messages to a single e-mail address or destinations (sites) with an IP address (mail bombing);
– publishing or distributing discriminatory and racist statements, child pornography or other illegal content;
– stalking and other undesirable approaches to persons; the unauthorized intrusion of other computers or computer systems or peripherals (hacking);
– spreading viruses and illegal software;
– downloading or uploading copyrighted files without permission;
– infringing on the copyrights of third parties or otherwise acting in violation of the – – intellectual property rights of third parties.
1st. YOU may not engage in any commercial activity consisting of the duplication or transmission of the service.
1f. You may not grant third parties access to a host Wi-Fi network.
1g. You may use your login details on no more than three different devices.

2. Host organizations may close certain websites and services or limit the bandwidth per user to prevent unwanted use of the Wi-Fi access and to promote an optimal user experience.
3. Host organizations and/or Publicroam can report or report to the competent authorities in the event of alleged abuse of the service.

Security

Article 5
1. Publicroam uses techniques to provide the most secure access to Wi-Fi host networks. This minimizes the risks associated with using public Wi-Fi networks. However, you are and remain responsible for securing your devices and data files. It’s also very important that you follow the instructions, tips or requirements that Publicroam gives to guarantee your security.
2. Depending on the technical capabilities of your device, the data traffic may or may not be encrypted. As a user you accept the risk that the transported data may be collected by others than for whom they’re intended.
3. The following applies to your login details:
3a. You may only log in to the service with your own login details.
3b. Your login details are strictly personal. You should handle these with care and prevent anyone from getting their hands on them. You are responsible for the use of the service, even if this happens without your knowledge.
3c. You may not share your login details with third parties. It’s not allowed to have someone else’s device registered with the service with your login details.
3d. You’re not allowed to make your login details public. For example, it’s not allowed to distribute your login details via social media or to place them on the internet.
3rd. If your login details have been stolen, fall into the hands of third parties or if you have lost your login details, you must inform Publicroam as soon as possible. Your publicroam account will then be terminated immediately.
4. Internet security is a shared responsibility and issues with your device can easily affect other people and the Wi-Fi network you use. It’s your responsibility to ensure that when using the Service, your device has up-to-date antivirus software and that you’ve applied all relevant security patches.

Protection of personal data

Article 6
Publicroam processes your personal data when you use the publicroam service. This data is processed within the framework of the applicable laws and regulations, in particular the General Data Protection Regulation (the Dutch ‘AVG’). Publicroam does this in the manner and for the purposes described in the most recent version of the ‘Privacy Statement’ (see https://publicroam.nl/en/privacystatement). There you can read what Publicroam registers exactly and how we handle your data. If new developments make it necessary, the Privacy Statement will be amended.

Quality, maintenance and malfunctions

Article 7
1. Quality of service and host Wi-Fi networks may vary by location.
2. Due to maintenance and malfunctions, the service may be temporarily unavailable. Publicroam tries to make this known in a timely manner and to limit the inconvenience that this may cause to a minimum.
3. Publicroam and host organizations bear no responsibility and make no guarantees regarding the accessibility of the service and the quality of the host WiFi networks.
4. Publicroam and host organizations do not guarantee that files and other data will be sent or received completely, unaltered and within a specified time.

Liability

Article 8
1. Publicroam and host organizations are not liable for damage that occurs to the user through or during the use of the service.
1a. Nuisance or damage as a result of a slow connection or a connection that does not work.
1b. Damage as a result of loss or theft of your login details.
1c. Nuisance or damage resulting from the use of Wi-Fi networks offered by persons or organizations that don’t have an agreement with Publicroam
The user is liable for:
2a. Any content that he distributes, accesses or views while using the service or Wi-Fi guest networks.
2b. Damage caused by a shortcoming attributable to him.

3. The user indemnifies Publicroam and host organizations against claims by third parties for damage compensation that these third parties would like to recover from Publicroam and/or host organizations in any way, insofar as these claims are based on the use of the service by the user. This applies in particular to information that the user has sent or requested using the service, as well as any intellectual property rights therein.

Applicable law and disputes

Article 9
1. These Terms of Use are governed by Dutch law. Disputes will be submitted to the competent judge of the court in Utrecht.
2. If you have a complaint about the service, you can report it to Publicroam within 2 months. Publicroam will react to the content of the complaint within 4 weeks of receipt of the complaint, unless this isn’t reasonably possible. In that case, Publicroam will let you know when the substantive response will follow at the latest.
3. Unless the parties agree on another form of dispute settlement, the user may submit the dispute to the competent court at Utrecht. This shall be at the latest within six months after receipt of the substantive response from Publicroam, or within six months after the expiry of the date on which a response should’ve been provided, in accordance with the provisions of the previous paragraph.

Changes to the Terms of Use

Article 10
1. Publicroam may unilaterally change these Terms of Use. Users will be notified of this through the Publicroam website and/or by email, provided they have provided an email address.

Customer service

Visit publicroam.nl/en/support for answers to the most frequently asked questions. If you have any questions, please contact Publicroam by phone or by email (support@publicroam.nl).