Welcome to Fon This Fon WiFi Service App End User Agreement, (hereinafter, “WiFi App End User Agreement”) informs you about the terms and conditions of the service provided through this app (hereinafter “WiFi App”. The WiFi App End User Agreement regards the conditions of the service provided by Fon Wireless Limited (hereinafter, “Fon” or “us”). Fon is a company registered in the UK with company number 5661131 located at 25 Farringdon Street, London, EC4A 4AB, Unipayted Kingdom.
Fon will allow you to access a WiFi connection through Fon Hotspots intended for this WiFi App service and in the territories where it is available (hereinafter, the "Service"). In order to allow the access connection to the available Fon Hotspots, you should use the Map to find the closest Fon Hotspots and you will be connected automatically upon registration.
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.
In order to access the Service you need to download the WiFi App through a third party store or market platform (hereinafter “Third Party Platform”) (i.e Google Play, iTunes, etc.) and you may need to register with Fon and click to confirm that you have read, understood, and accept the Agreement and the other terms where applicable.
Our registration process may ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must also keep the information that you provide up-to-date.
You may have the opportunity to choose a unique username, and you must remember this username or else store it in a safe place. You must keep your password secret and not divulge it or share it with others.
You have the obligation to immediately inform Fon as to any knowledge that you have regarding the improper use of the identifiers and/or passwords, including theft, loss, or unauthorized access, so as to immediately cancel the password/identifier. As long as Fon has not been informed of such, Fon shall be exempt of any liability derived from the improper use of the identifiers or passwords by unauthorized third parties.
You shall communicate to Fon any modifications of the information contained in your registration form as well as any subsequent modification of such information.
If you download the WiFi App outside of a WiFi area, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing or downloading WiFi App, or other third party charges.
In using WiFi App, you’re accepting responsibility for any such charges if you are not duly connected to a Fon Hotspot through WiFi App, including roaming data charges when using WiFi App or the Service outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using WiFi App, please be aware that Fon assumes that you have received permission from the bill payer for using and/or downloading WiFi App.
In order to access to the Service you may need to purchase a Fon Pass through the available means of payment or be granted with limited or unlimited access in virtue of a Fon promotion, or a specific agreement between Fon and a Third Party.
The applicable rates are contained in the WiFi App if applicable. 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 you may choose from shall be listed on the WiFi App and they will be offered through the registration process.
Fon reserves the right to change, at any time, the prices, promotions, and/or discounts for the 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 this Agreement, Fon may disconnect immediately the Service to you and terminate this Agreement.
Fon reserves the right to modify, suspend, discontinue or terminate the Service and this Agreement at its sole discretion and Fon will not be liable to you or to any third party. To the extent possible, Fon will warn you in advance of any modification, suspension, discontinuance or termination of the Service or the Agreement.
Fon shall be able to transfer or assign its position under this Agreement to any other 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.
In anything not contained in this Agreement, the Third Party Platform terms shall apply.
To preserve the uniform quality of the Services, you must use only the official versions of the WiFi App to provide access to the Service.
You accept that 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 software, the WiFi App and the Service is protected by intellectual and industrial property laws and that Fon’s 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 may include 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 WiFi App (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 WiFi App, 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 trespassing 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.
Access to the WiFi App is open and free of charge. Nevertheless, some of the services and content that Fon or third parties offer on this app may be subject to prior agreement or further agreements between Fon and its partners.
Contents of the WiFi App are strictly for consumers. Any unauthorized commercial use or resale of the contents is prohibited, except with the prior, written and express authorization of Fon.
Access, browsing, and use of the WiFi App are the responsibility of the user. Consequently, the user must diligently and faithfully observe all additional instructions given by Fon relating to the use of the WiFi App and its contents. Therefore, the user is obliged to use the contents in a diligent and licit manner and, in particular, to abstain from the following:
Fon offers content and services using all of the technical means that it has available to satisfy the needs of its users.
Fon will, as it deems necessary, make any changes, corrections, improvements or modifications to any information found on the WIFi App, to the Services, or in the content without granting any right to claim or indemnification, or recognition of liability whatsoever. Fon does not assume liability for any damage, injury, or loss of any kind as a result of the WiFi App’s availability or operations. Nevertheless, Fon shall take all necessary actions to reestablish its Services in the event of any technical failure.
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 any unauthorized use, intrusion, modification, destroy or any unauthorized access to the Fon Hotspot.
Fon shall not be liable for any intrusion or hack of any device on which the WiFi App is installed or any unauthorized access to the Fon Hotspot that result from such action.
Fon shall not be responsible for any information or contents shared by you through the WiFi App and neither for any losses, damages, intrusions regarding such information or contents. Fon does not exclude or limit its liability in respect of (a) its willful default or fraud; or (b) death or personal injury.
Any failure to exercise any right or remedy hereof does not constitute a waiver of the rights and provisions included in this WiFi App User Agreement and does not limit the capacity of the damaged party to exercise any of its rights under this WiFi App End User Agreement or under any applicable law.
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 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.
“Fon Hotspot(s)” means a public WLAN access point(s) that a) belong to the Fon Network.
“Fon Network” means the world-wide network of WLAN hotspots based on a community whose members share their broadband internet connection. Fon Network is operated by Fon, customers of Fon and Fon Partners.
“Fon Partner” means a third party which has entered a partnership with Fon. Fon Partners are published in Fon website.
“Fon Pass” means the ticket that is purchased by you in order to be able to access a Fon Hotspot.
“Maps” means a diagrammatic representation of the geographic area in which your device is located showing Fon Hotspots and any other information relevant to the provision of the Service.
“Services” are the services provided by Fon that consist of providing access to the Fon Hotspots, providing information about the location of the Fon Hotspot, authenticating and registering you and any additional service that Fon offers.
“Third Party” means any person or entity that is not a party to this Agreement.
“Wi-Fi” means Wireless communications technology.
“WiFi App” means the software application that an end user (you) downloads from the third party store or market platform in order to use and get access to the Fon Hotspots.
“You” and “you” refer the person who download the WiFi App and is bound by this Agreement.