Terms of Use
Introduction
These Terms of Use have been drawn up by Publicroam B.V. (hereinafter also: “Publicroam”, “we”, “us”). The rights and obligations in this document always apply when you use our service Publicroam (hereinafter also: “service” or “Publicroam”).
To use Publicroam, you must agree to these Terms of Use and our Privacy Statement. This creates an agreement between you and us. We recommend that you read these documents 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 host organizations can invoke these Terms of Use towards you.
Article 1 – How the service works
- Publicroam is an authentication service for WiFi networks. By using Publicroam, you can securely and easily connect to WiFi networks that broadcast the network name (SSID) ‘publicroam’ and whose provider has entered into a (service) agreement with Publicroam (hereinafter: “WiFi guest network(s)” or “guest network(s)”).
- The organizations with which Publicroam has entered into a (service) agreement are hereinafter referred to as “host organization(s)”. See the current list at https://publicroam.net/en/host-organizations. At these organizations, you can use Publicroam to access their WiFi guest network.
- The service enables host organizations to allow your WiFi-supported device (such as your smartphone, tablet, or laptop, hereinafter also: “WiFi device” or “device”) to connect securely to their WiFi guest network after they have verified whether you are entitled to access.
- You can connect a WiFi device by logging into a WiFi guest network. The first time, you do this manually. Subsequent times, this can happen automatically as soon as your device comes near a WiFi guest network, unless your device or your chosen settings do not allow this. After your WiFi device has sent your login details, the host organization sends an authentication request to Publicroam. If you are entitled to access, the host organization allows a connection to be established (automatically) between your device and the guest network.
- It is important to understand that Publicroam is not an internet access service or any other (tele-)communication service. The Publicroam service only authenticates your WiFi device, so that you, as a user, can use the host organization’s guest network with authentication.
Article 2 – Registration
- To register yourself as a user, you go through a registration procedure in which you provide several details, including a mobile number, to Publicroam.
- Registration is only permitted with a mobile number for which you have the right of use at the time of registration, for example, via a subscription with a telecom provider (hereinafter “your mobile number”).
- As a first step in the registration process, you fill in the application form at www.publicroam.net or download the Publicroam mobile app by providing your mobile number and email address, or you send an SMS with your mobile number to + 31 (0)97 – 010 260 261 containing the code provided by a host organization.
- After receiving your request, Publicroam creates a personal account for you (hereinafter “Publicroam account”) and you receive personal login details via SMS consisting of a unique username and password (hereinafter “your login details”). If you use the app, you verify your mobile number, after which your login details will be in the app.
- You complete your registration by connecting your device to the guest network of the host organization that provided the code to you. You do this by selecting the WiFi network name (SSID) ‘publicroam’ on your device and logging in with your login details. When you use the app, you are automatically connected to the guest network after you have verified your mobile number. This completes your registration as a user.
- After registration, you may be asked for additional details, such as your first and last name.
- You must provide all requested data truthfully. Publicroam is not obliged to verify the accuracy of the data.
- By logging in with your login details as described in paragraph 5 above, and thereby registering yourself with Publicroam, you agree to these Terms of Use and the Privacy Statement of Publicroam.
Article 3 – Change and termination
- If changes occur in the data with which you have registered with Publicroam, you must inform Publicroam immediately. You can do this by sending an email to support@publicroam.net.
- 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 ‘stop’. You will receive a confirmation via SMS. You can also unsubscribe from your Publicroam account via the mobile app.
- If you lose your login details and/or suspect that your login details have fallen into the hands of third parties, you must terminate your Publicroam account immediately (following the procedure in paragraph 2 above). You can then request a new Publicroam account (see Article 2).
- 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 (following the procedure in paragraph 2 above).
- If you have 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).
- If you no longer have access to your mobile number or if you no longer have the right of use for your mobile number (for example, because the subscription has been terminated) but your Publicroam account is still active, you must inform Publicroam immediately. You can do this by sending an email to support@publicroam.net.
- If you act in violation of these Terms of Use, Publicroam may, in consultation with the host organization, immediately terminate your Publicroam account and deny the right of access to the service.
- Publicroam has the right to terminate a Publicroam account at any time without stating reasons.
Article 4 – Use of the service
- You may use the service free of charge provided that you observe the following rules: a) A fair-use policy applies regarding the use of the available bandwidth of a WiFi guest network. Downloading or uploading large files such as movies and image files is not permitted. b) You may not use the same WiFi guest network on a daily basis and be online for large parts of the day. Publicroam assesses this based on standards of reasonableness and fairness. If Publicroam believes you are violating this rule, you will be asked to adjust your usage. In some cases, a Publicroam account may be terminated. c) You may not abuse the service, for example, by performing (or having performed) actions that are in violation of these Terms of Use or by causing interference or nuisance to the service or to the services of third parties. d) You must refrain from activities via a WiFi guest network that are not permitted under Dutch law, including but not limited to: − the unsolicited sending of large quantities of email messages with the same content and the unsolicited posting of a message with the same content in large numbers to internet newsgroups (‘spam’); − the sending of large quantities of unsolicited email messages to one specific email address or destinations (‘sites’) with an IP address (‘mail bombing’); − the publication or distribution of discriminatory and racist expressions, child pornography, or other illegal content; − stalking and other unwanted approaches to persons; − entering other computers, computer systems, or peripheral equipment without permission (‘hacking’); − the distribution of 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. e) You may not engage in commercial activities consisting of the reproduction or redistribution of the service. f) You may not grant third parties access to a WiFi guest network. g) You may use your login details on a maximum of three different devices.
- Host organizations may block certain websites and services or limit the bandwidth per user to prevent unwanted use of the WiFi access and to promote an optimal user experience.
- Host organizations and/or Publicroam may, in the event of alleged abuse of the service, report or file a complaint with the competent authorities.
Article 5 – Security
- Publicroam uses techniques to provide the most secure access possible to WiFi guest networks. This minimizes the risks associated with using public WiFi networks. However, you are and remain personally responsible for securing your equipment and data files. It is also very important that you carefully and accurately follow the instructions, tips, or requirements that Publicroam may provide to ensure your security.
- Depending on the technical capabilities of your device, data traffic may or may not be encrypted. As a user, you accept the risk that the transmitted data may be intercepted by others before it reaches its intended recipient.
- Regarding your login details, the following applies: a) You may only log in to the service using your own login details. b) Your login details are strictly personal. You must handle them carefully and prevent anyone from getting hold of them. You are responsible for the use of the service, even if it occurs without your knowledge. c) You may not share your login details with third parties. It is not permitted to (have) someone else log in to the service using your login details on their device. d) You may not make your login details public. For example, it is not permitted to distribute your login details via social media or post them on the internet. e) If your login details have been stolen or have fallen 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.
- Internet security is a shared responsibility, and problems with your device can easily affect other people and the WiFi network you are using. It is your responsibility to ensure that when you use the service, your device has up-to-date antivirus software and that you have applied all relevant security patches.
Article 6 – Protection of personal data
- Publicroam processes your personal data when you use the Publicroam service. This data is processed within the framework of applicable laws and regulations, in particular the General Data Protection Regulation (‘the GDPR’). Publicroam does this in the manner and for the purposes described in the most recent version of the ‘Privacy Statement’ (see publicroam.net/en/privacy-statement). There you can read exactly what Publicroam registers and how they handle your data. If new developments make it necessary, the Privacy Statement will be updated.
Article 7 – Quality, maintenance, and interruptions
- The quality of the service and the WiFi guest networks may vary per location.
- Due to maintenance and interruptions, the service may temporarily be unavailable. Publicroam attempts to announce this in a timely manner and to minimize the inconvenience that may arise from this.
- Publicroam and host organizations bear no responsibility and provide no guarantees regarding the accessibility of the service and the quality of the WiFi guest networks.
- Publicroam and host organizations do not guarantee that files and other data will be sent or received completely, unchanged, and within a certain time.
Article 8 – Liability
- Publicroam and host organizations are not liable for: a) Damage occurring to the user due to or during the use of the service; b) Nuisance or damage as a result of a slow connection or a connection that does not work; c) Damage as a result of loss or theft of your login details; d) Nuisance or damage as a result of the use of WiFi networks offered by persons or organizations that do not have an agreement with Publicroam.
- The user is liable for: a) All content they distribute, open, or view when using the service or WiFi guest networks; b) Damage caused by a shortcoming attributable to them.
- The user indemnifies Publicroam and host organizations against claims from third parties for compensation of damage that these third parties would wish 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 thereto.
Article 9 – Applicable law and disputes
- These Terms of Use are governed by Dutch law. Disputes will be submitted to the competent judge of the court in Utrecht, the Netherlands.
- If you have a complaint about the service, you can report it to Publicroam within 2 months. Publicroam will respond substantively within 4 weeks of receiving the complaint, unless this is not reasonably possible. In that case, Publicroam will let you know when the substantive response will follow at the latest.
- At the latest within six months after receiving the substantive response from Publicroam, or within six months after the expiration of the date on which a response should have been provided according to the provisions in the previous paragraph, the user may bring the dispute before the competent judge in Utrecht, unless the parties agree to another form of dispute resolution.
Article 10 – Change of the terms of use
- Publicroam may unilaterally change these Terms of Use. Users will be informed of this via the Publicroam website and/or via email, provided you have provided an email address.
Contact
Many answers can be found on the frequently asked questions page. If you have questions, please contact Publicroam via email or telephone:
support@publicroam.net
+31 (0)30 – 307 44 99
