XLN Free Wi-Fi Terms & Conditions

XLN Free Wi-Fi Terms & Conditions

XLN Free Wi-Fi Terms & Conditions

 

You must read and accept these terms and conditions before you access and use the Service. By accessing and using the Service you agree to be bound by the terms and conditions set out below. These terms and conditions, the Fair Usage Policy, the Privacy Policy and the Cookie Notice together make up the terms and conditions of accessing the Service (hereinafter referred to as the "Terms"). If you do not wish to be bound by the Terms, please do not continue to register and/or use the Service.

If you are under the age of 18 you must obtain the permission of your parent or guardian to use the Service. By using the Service, you confirm that you are either over the age of 18 or that you have obtained such permission.

If you are experience problems using the WiFi Service or if you have any questions in relation to the WiFi Service, you should contact customer services via wifiuser@xlntelecom.co.uk

1. Interpretation

In this Contract:

"Business Day" means a day (other than a Saturday or Sunday) on which banks in London are normally open for general business.

"Cookie Policy" means our policy relating to cookies that applies when using the Service.

"XLN Wi-Fi User" means the person using the Service.

"Fair Use Policy" means the fair use policy at clause 9.

"Free Access" means the provision of the Service free of charge.

**"Opt Out" **means the XLN Wi-Fi User has the express option to opt out of receiving marketing and other electronic communications from XLN and/or carefully selected third parties.

"Privacy Policy" means our policy relating to privacy that applies when using the Service. This policy can be found by clicking here.

**"Service" **means the XLN WiFi network which is being run by XLN or on behalf of a XLN WiFi Partner and which allows you to access data services while you are near a Site. The Service provided is Free Access.

"Site" means each physical location which has access points offering the Service.

"us", "we" or "our" means XLN and "you" or "your" means the XLN Wi-Fi User. The "parties" means both XLN and the XLN Wi-Fi User.

"XLN" means XLN Telecom Limited of First Floor, Millbank Tower, 21-24 Millbank, London SW1P 4QP.

"XLN Web Page" means https://www.xln.co.uk/, https://portal.xlnfreewifi.net or such other URL as XLN may from time to time advise.

"XLN Wi-Fi Partner" means a third party that owns or controls a Site which has XLN's public WiFi service installed on it.

2. The Service

2.1. We will provide the Service to you in accordance with the Terms.

2.2. The Service allows you to access the Internet. The Internet is separate from the Service and use of the Internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the Internet or otherwise in connection with or arising from your use of the Internet.

2.3. We will provide the Service with reasonable skill and care.

2.4. We will use reasonable efforts to provide uninterrupted Service but from time to time faults may occur, which we will repair as soon as reasonably practicable.

2.5. Whilst we will take all reasonable precautions against viruses, we cannot guarantee that the Service will be free of viruses, trojans, malware and/or other threats to your property. It is your responsibility to ensure that you have up to date firewall and anti-virus software installed.

2.6. Occasionally we may:

2.6.1. for operational reasons, change the codes or the numbers used by us for the provision of the Service or the technical specification of the Service, provided that any change to the technical specification does not materially affect the performance of the Service or are reasonably necessary to continue to provide the Service as a result of the change to circumstances;

2.6.2. give you instructions which we believe are necessary for reasons of health, safety, security or the quality of any telecommunications service provided by us to you or any other customer; or

2.6.3. temporarily suspend the Service because of an emergency or for operational maintenance or improvements. The Service will be restored as soon as reasonably practicable.

2.7. We may change these Terms at any time. Where we make any changes to the Terms, you will need to accept the revised Terms and you may need to re-register as a new user. If we are going to make changes to the Terms or the Service to your material detriment, we will try to give you notice of the changes before they take place. For changes that we need to make in a hurry (for instance, to meet regulatory requirements) we may not always be able to give you advance notice and in this case, we will try to notify you as soon as we can. Your continued use of the Service after any changes have been made to the Terms indicates your acceptance of the changes.

3. Registration and Charges

3.1. To subscribe to the Service you must complete the registration process. Please make sure that your registration details are correct and up to date, as we may use them to contact you about the Service.

3.2. You are responsible for keeping your details confidential.

3.3. If you register to use Free Access:

3.3.1. you are permitted to access the Service free of charge, subject to these Terms (including the Fair Usage Policy);

3.3.2. you should not permit other people to use your personal details and you are responsible for preventing any unauthorised use.

3.3.3. you should contact XLN as soon as possible if you believe that anyone has obtained your personal details without your permission or if you become aware of any other breach of security in connection with the Service.

3.4. If you purchase and download digital content (e.g. films, games and/or music) from XLN whilst using the Service, unless otherwise specified, the Terms will apply to any such purchase. We will not be responsible, or liable to any third party, for the content or accuracy of any content downloaded whilst using the Service including (but not limited to) the suitability of the content for viewing and/or the suitability of the content for the device used to access the content.

4. Access to Sites and the Service

4.1. We cannot guarantee access to any of the Sites for you to use the Service or guarantee that the Service will continue to be available from a specific Site. Access to Sites and to the Service will depend on the available network coverage at the Site and will be proportionate to the number of Wi-Fi access points, their location and the environment in which they are installed, atmospheric and radio interference and any technical limitations applicable to our equipment or your equipment and devices.

5. Use of the Service

5.1. You will use the Service in accordance with the Terms, including that you will:

5.1.1. ensure that your equipment and devices comply with all applicable laws and standards;

5.1.2. not use the Service for the communication, publication, transmission or receipt of any material which is defamatory, offensive or abusive or of an obscene, nuisance, hoax threatening or menacing character; or in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright, privacy or confidentiality); or in a manner that is associated with a criminal offence; or for unlawful or illegal purposes;

5.1.3. comply with the terms of the Fair Usage Policy;

5.1.4. be responsible for the security and proper use of all login names and where applicable passwords used in connection with the Service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people. You agree that some software or equipment will not work with the Service and that it is your responsibility to ensure that you use equipment and software that is compatible with the Service;

5.1.5. indemnify and defend us and all third parties involved in providing the Service to you against all liabilities, costs and expenses (including all interest, penalties, legal costs and other reasonable professional costs and expenses), damages and losses (including but not limited to any direct, indirect, special or consequential losses) arising out of a breach of these Terms or any use or misuse of the Service by you; and

5.1.6. take whatever steps you consider necessary to back-up and protect any data on your IT systems over and above any measures included with our Service to protect your IT systems from viruses, trojans, malware and other threats to your property.

5.2. You must not use the Service:

5.2.1. to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;

5.2.2. to cause annoyance, inconvenience or needless anxiety;

5.2.3. to send or provide unsolicited advertising or promotional material; or

5.2.4. other than in accordance with the Internet standards and acceptable use policies of any connected networks.

6. Intellectual Property

6.1. Where software is provided by us to enable you to use the Service, we grant you a non-exclusive, non-transferable licence to use the software for that purpose.

6.2. You will not, without our prior written consent, copy, decompile or modify the software, nor copy the manuals or documentation (except as permitted by law).

6.3. You will sign any agreement reasonably required by the owner of the copyright in the software to protect the owner's interest in that software.

6.4. You shall indemnify us and all third parties involved in providing the Service to you against all liabilities, costs and expenses (including all interest, penalties, legal costs and other reasonable professional costs and expenses), damages and losses (including but not limited to any direct, indirect, special or consequential losses) suffered or incurred by us, or the third party, as the case may be, arising out of or in connection with any claim made against us, or the third party, as the case may be, for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with your use of the Service.

7. How we use your information

7.1. We will deal with your personal data in compliance with the current data protection legislation in England and in accordance with the Privacy Policy.

7.2. You authorise us to use and disclose, in the UK and abroad, information about you and your use of the Service including, but not limited to, how you conduct your account being used, analysed and assessed by us and selected third parties for marketing purposes including, amongst other things, to identify and offer you by phone, post, on your mobile phone, email, text (SMS) or other means, our mobile network and any other products, services and offers which we think might interest you. You can obtain further details from the Privacy Policy here.

7.3. From time to time, we may (without notice to you) review, record or check your use of the Service where we are required to do so to make sure you are complying with any laws or regulations, or where ordered to do so by any court or other body or authority with the power to require such monitoring, or for our own internal purposes to make sure you are complying with the Terms.

8. Limitation of Liability

8.1. This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, sub-contractors and all third parties involved in providing the Service to you) to you in respect of:

8.1.1. any breach of the Terms;

8.1.2. any use made by you of the Services; and

8.1.3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the provision of the Service or the Terms.

8.2. Nothing in the Terms shall restrict or exclude either party's liability for fraud or for death or personal injury caused by it or its employees' or agents' negligence, nor for any other liability which cannot be excluded or limited by law.

8.3. Subject clause 8.2, we shall not be liable to you for any:

8.3.1. loss of profits,

8.3.2. loss of business;

8.3.3. depletion of goodwill and/or similar losses,

8.3.4. loss of anticipated savings;

8.3.5. loss of goods;

8.3.6. loss of contract;

8.3.7. loss of use;

8.3.8. loss of corruption of data or information; or

8.3.9. special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, whatsoever (and howsoever caused) which arise out of or in connection with the Service and the Terms; and

8.3.10. our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Service and the Terms shall be limited to the lower of (a) '35 and (b) the cost of one month's paid for Wi-Fi service from an equivalent provider.

8.4. If any part of the Service is not available to you through no fault on our part or where the failure, suspension or withdrawal of the service is beyond our reasonable control, we shall not be obliged to pay any compensation to you.

8.5. We are not liable to pay damages if anyone else, other than you or us with your permission:

8.5.1. gains access to your connection to the Service or your equipment; or

8.5.2. gains access to, destroys or distorts any data or information held by you or about you by us.

8.6. We are not responsible for any goods or services supplied in a separate agreement or otherwise with another supplier, even if access to those goods or services is obtained through the Service.

8.7. You shall at all times be under a duty to mitigate any losses suffered by you.

8.8. The provisions of this clause 8 shall survive termination.

9. Fair Usage Policy

9.1. A small number of users are responsible for generating large volumes of traffic on the XLN's Wi-Fi network, which can impact the Service we offer to our other customers. The Fair Usage Policy is designed to ensure that all of our customers receive a fast and reliable service.

9.2 If we believe that your use of the XLN Wi-Fi service is adversely affecting:

our network (or any part of it); or

our other customers' use of our services

We reserve the right to manage or regulate your usage. We may impose a temporary or permanent restriction on your use of the XLN Wi-Fi service without prior notice.

10. Ending This Contract After The Service Has been Used

10.1. We may terminate or suspend your subscription to the Service without giving you advance notice if:

10.1.1. we reasonably believe that you or others (whether under your control or not) are misusing the Service, including but not limited to making use of the Service for illegal purposes;

10.1.2. you otherwise breach the Terms (including our Fair Usage Policy);

10.1.3. you are persistently abusive or make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or our property or that of our agents or any third party involved in providing the Service to you;

10.1.4. we are told to do so by the Government or other lawful regulatory authority or the emergency services;

10.1.5. you allow anything to happen through the Service which in our reasonable opinion may have the effect of jeopardising the operation of the Service, or the Service is being used in a manner which is against your best interest, the best interests of other customers and/or us or any third party involved in providing the Service to you; or

10.1.6. we are no longer able to provide you with the Service.

11. Severance

11.1. If any provision (or part provision) of the Terms shall be found (including after termination) by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions or the rest of the provision (as the case may be) of the Terms, which shall remain in full force and effect.

11.2. If any provision (or part provision) of the Terms is so found to be illegal, invalid or unenforceable but would be legal, valid or enforceable if some part of it were to be deleted or modified, such provision (or part provision) shall apply with such deletion(s) and/or modification(s) (as the case may be) as may be necessary to make it legal, valid and enforceable.

12. Waiver and Remedies

12.1. No failure or delay by a party to exercise any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.2. The rights and remedies provided under the Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

13. Governing Law and Jurisdiction

13.1. The Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and the parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims).

 

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