and obligations when you use the service.
Article 1. Definitions
A. SpotOn Wifi: The private limited company Spot Marketing Solutions BV, established in
Groningen at the Hoge der A 12 (9712 AC) in Groningen.
B. User: the natural or legal person who uses the internet provided by the SpotOn Wifi
made available service.
C. Parties: SpotOn Wifi and User jointly.
D. Service: the free internet access, provided by the SpotOn Wifi, via a public or private
wireless network (WiFi) and is further elaborated in article ……
E. Data: the data about the User that are processed by SpotOn Wifi for use
be able to use the Service;
F. Hotspot Owner: the company where the Router and the Wifi Hotspot are installed and where the User logs in with his device to be able to use the Service;
2. If one or more of the provisions in the terms and conditions are invalid or due to judicial intervention
destroyed, the other provisions remain fully applicable. Parties will deal with
agree on new provisions to replace the void or voided provisions, whereby as much as
may respect the purpose and intent of the original provisions.
Article 2. Access to the Service
1. By using and/or activating the Service, a User agrees to these terms. If you
do not agree to the terms, do not use the Service.
2. The Service offers the User the possibility to use the Router of the Hotspot Owner
to connect to the Internet free of charge. The Service is expressly not a public electronic
communication service within the meaning of the Telecommunications Act.
3. Access to the Service is only possible via the User's equipment.
4. Any access to the Service is the sole responsibility of the User.
5. The User can and may only use the Service when he is within the premises of a
Hotspot Owner quits.
6. If a User is under sixteen (16) years of age, he/she must obtain permission from his/her parents or guardian
have for using the Service.
7. The data traffic between the User's device and the Hotspot Owner's Router is
sent unencrypted. The user is responsible for the security of the data traffic between the
device and the Router against any unauthorized access by third parties.
Article 3. Use and duration of the Service
1. To access the Service, the User must log in with a social media account or with
his e-mail address. It is expressly not allowed for this information other than your own, personal data
use the User's data. More information about the Data that becomes User
collected can be found in the Privacy Statement.
2. SpotOn Wifi is entitled to automatically switch off the User after a period of time to be determined by SpotOn Wifi
log. After that, the User can log in again.
3. All Services are provided "as is" and only the functionalities and other
contains properties as it finds them at the time of use ('as is' basis). SpotOn Wifi close
express and implied warranties, representations and disclaimers of any kind expressly,
including but not limited to warranties, representations and indemnities with regard to the
quality, security, lawfulness and integrity of the Service, unless otherwise provided in these terms and conditions.
4. The right to use the Service is a personal right. The User does not have the right to
allow third parties to use the Service. Misuse of login details is at the risk of the User.
Article 4. Responsibility for the use of the Service
1. The User is responsible for all content that he distributes, accesses or views, if he interacts with the Service
is connected. SpotOn Wifi can in no way be held responsible for the actions of the User
while using the Service.
2. The User is not allowed to misuse the Service. Abuse also includes:
A. Use in violation of any laws and regulations;
B. Unlawful Use
C. Use that in the opinion of SpotOn Wifi is contrary to good morals or good taste;
D. Use that may cause malfunctions in the Service;
E. Use of file-sharing programs;
3. In case of suspicion of misuse, SpotOn Wifi can inform the competent authorities of that
suspect. If SpotOn Wifi sees reason to do so, information about the User will be provided
to those competent authorities.
4. The User is obliged to follow the instructions of SpotOn Wifi with regard to the use of the
5. If the User notices a malfunction related to the Service, he is obliged to report this immediately
report to SpotOn Wifi.
6. The User is responsible for the safety of the equipment used by him. it by
Hotspot Network made available to the owner is a (semi) public network. SpotOn Wifi advises the
User to use a proper antivirus program and firewall, in addition to other security software.
7. The User is responsible for the configuration and security of his own equipment.
Employees of SpotOn Wifi and/or Hotspot Owner cannot assist the User in setting up,
programming and/or configuring a wireless Internet connection.
Article 5. Information about third-party websites
1. SpotOn Wifi cannot be held liable, directly or indirectly, for the content of third-party websites
or its use. It also does not guarantee that the information offered via the Service is correct.
2. SpotOn Wifi is not liable for possible viruses or harmful software on the wifi network.
Article 6. Hyperlinks
1. If links are established with other websites on the internet via the SpotOn Wifi Service
– directly or through search engines – SpotOn Wifi cannot be held liable for the links, the content
or the existence of these other websites.
Article 7. Restrictions on use
1. The speed of the network is not an indication of the speed at which the User's equipment
receive or send data. Actual network speed may vary depending on all
hardware in the network, compression and congestion of the network. The accuracy and timeliness of
data sent or received is not guaranteed and the User accepts that delays or
negligence may occur.
2. SpotOn Wifi is entitled at all times, without prior notice and without in any way
become liable or liable for damages towards the User, (i) procedural and technical changes and/or
make improvements to the Service and/or (ii) disable the Service (temporarily or permanently),
limit or terminate.
3. The User acknowledges and agrees that SpotOn Wifi limits the use of the Service by the User
controls and limits automated systems. In particular, filtering, firewalls and white-
/blacklists are used to identify and prevent abuse.
4. The User is not allowed to use racist, insulting, sexist, discriminatory, threatening
consult or disseminate information and/or participate in the dissemination of such information
or harass other Users.
5. The User is not permitted to consult, distribute and/or participate in the information
dissemination of information which:
I. Contrary to laws and regulations;
II. Infringes any intellectual property right;
III. Contrary to morality and/or social norms;
IV. (may) contain private and/or personal data of third parties;
V. Interfere with the operation or operation of websites and/or other computers or
systems of SpotOn Wifi, Hotspot Owner or other Users or the Service;
VI. Create the impression that the User is a moderator;
VII. contains erotic, pornographic and/or offensive (visual) material;
VIII. Is or is referred to on Illegal site(s);
IX. otherwise illegal. is immoral or inappropriate;
X. Violate the rights of others in any way.
6. The User is not allowed to: Send spam or large amounts of e-mail;
I. Send viruses or other harmful files and/or links;
II. (Trying) to break into any computer (network).;
7. The User is not allowed to use anonymous proxy servers, or open proxies to
to disguise its own IP address. Violation of this rule will result in a permanent blocking of the Service,
1. The User is not permitted to commercially exploit the Service in any way.
Article 8. Intellectual property rights
1. The Intellectual Property Rights with regard to the Service are vested in SpotOn Wifi and/or its
2. The User obtains a limited, non-exclusive, revocable, non-sub-licensable and non-
transferable right to use the Service provided by SpotOn Wifi under this
Article 9. Monitoring
1. The SpotOn Wifi is only entitled to monitor the content of the User's internet use
if one or more circumstances arise, as referred to in paragraphs 2 and 3 of this article.
2. In case of suspicion of misuse of the Service, SpotOn Wifi is entitled to limit the internet traffic of the
3. If the User generates excessive data traffic, SpotOn Wifi is entitled to investigate this
by means of, among other things, but not limited to, monitoring the internet traffic of the
User. Excessive means more than 2 Gb per day.
Article 10. Suspension or termination of the Service
1. The User has the right to stop using the Service at any time.
2. Upon termination for whatever reason, the User's right to use the Service will lapse with immediate effect
use and access to the Service will be immediately denied. SpotOn Wifi is not obliged to, after termination,
provide and/or convert any content and/or Data to the User.
3. The SpotOn Wifi reserves the right to terminate the Service immediately and without prior notice
temporarily suspend or deny the User access to the Service, if the User conflicts
acts in accordance with the provisions of these terms and conditions and/or makes improper use of the Service or the device
of the User may be infected with a virus (or other malicious program), or for that purpose
there is a suspicion.
4. After termination SpotOn Wifi remains entitled to use the Data.
Article 11. Limitation of liability
1. Information sent or received via the Service can in principle be used by another User
be intercepted. If the User sends or receives private or sensitive information through the Service,
then this is at the risk of the User. The SpotOn Wifi is not liable for any damage resulting from this
2. The SpotOn Wifi accepts no liability or responsibility for:
A. Any direct, indirect, consequential or any other damages;
B. Personal injury or property damage of any kind that may result from the
using the Service or visiting websites through the Service;
C. Any unauthorized access through the Service to or use of secure servers and/or any
personal information and/or any financial information stored thereon;
D. Any third-party claims arising out of User's activities while using
E. Any interruption or termination of the connection to the Service;
F. Bugs, viruses, Trojan horses or similar software or programs sent through the Service
shipped or any loss or damage that may result from its use
of any content posted, emailed, transmitted or otherwise available through the Service
G. Damage caused by or when the User's equipment and/or the connection are insufficient
3. When SpotOn Wifi or the Hotspot Owner suffers damage through misuse or otherwise, User forfeits
per violation an immediately due and payable fine of €500. This does not affect the right of SpotOn Wifi to
compensation for the actual damage suffered.
4. User indemnifies SpotOn Wifi against claims from third parties (including the Company), who claim that
User acts unlawfully towards that third party. Claims from third parties (also) include:
claims for compensation for damage, costs of legal assistance and other costs related to the
alleged wrongful act.
5. SpotOn Wifi may assume that the User is actually the one who logs in with his
Credentials. SpotOn Wifi is not liable for damages resulting from any unauthorized access
to or use of the Service by third parties.
6. SpotOn Wifi does not guarantee that the User's equipment or software will be compatible with the
Article 12. Privacy information
1. The Service handles and processes the User's privacy data in accordance with the privacy statement and the
applicable laws and regulations. The privacy statement can be found in the Help Center on the SpotOn Wifi website.
Article 13. Disclaimer
1. Wireless internet is by definition an insecure medium.
2. The SpotOn Wifi does not guarantee the continuity of internet access or the operation of the Service.
3. The SpotOn Wifi has the right to deactivate the Service at any given time and to request maintenance
4. The SpotOn Wifi only serves as a conduit and does not accept any liability for use
of the Service
5. The SpotOn Wifi does not guarantee the operation of the Service in combination with the equipment, laptop,
and/or (smart) phone of the User.
6. SpotOn Wifi is at all times entitled to change and/or supplement these terms and conditions. The most current
conditions are brought to the attention of the User for the use of the Service. If the
User continues to use the Service after amendment and/or addition to these terms and conditions, accepts the
The user thereby irrevocably accepts the amended and/or supplemented conditions. If the User does not
agrees to the amended and/or supplemented terms and conditions, his only option is to no longer use the Service
Article 14. Applicable law and competent court
1. Dutch law applies to all legal relationships between the Parties.
2. Any dispute between the Parties that may arise as a result of or in connection with the implementation of
these terms and conditions at the discretion of SpotOn Wifi submitted to the competent court of the district
Northern Netherlands, location Groningen
3. A dispute as referred to in the previous paragraph is one of the Parties that argues.
4. These terms and conditions come into effect on July 1, 2017.