Applicable as of 9th of August, 2022
The user of the Wifirst Service, hereinafter referred to as the "User"
Wifirst, a French “société par actions simplifiée” with registered capital of 16 076 007 euros, whose registered office is 26 rue de Berri 75008 Paris FRANCE, which is registered with the Trade and Companies of Paris, FRANCE under number 441 757 614, VAT number FR72441757614, whose website is available at http://www.wifirst.com/, represented by its President, hereinafter referred to as "Wifirst".
Wifirst is an electronic communications network and services operator, regularly declared to the French Autorité de Régulation des Postes et des Communications Électroniques (ARCEP).
In this context, Wifirst provides electronic communications services based on WiFi or Ethernet connectivity, depending on the eligibility of the User's location (the “Wifirst Service”).
ARTICLE 1. DEFINITIONS
ARTICLE 2. CONNECTING TO WIFIRST NETWORK
In order to use the Wifirst Services, the User must first connect its User Device to the Wifirst network. Wifirst connects Wifirst networks with WiFi technology. The User must ensure its User Device supports WiFi (should be compatible with WiFi 4, at the minimum). If the Connection Location allows, Wifirst may connect the Wifirst network with an Ethernet cable. In that case, the User must connect its User Device to an Ethernet cable plugged into the wall. The Ethernet cable is part of the User Device and is not provided by Wifirst.
ARTICLE 3. TECHNICAL & COMMERCIAL SUPPORT
Wifirst provides the User with a Customer Service, accessible by phone, email or chat, to provide assistance regarding the implementation, installation and use of Wifirst Services.
This helpdesk is open 24 hours a day, seven days a week and can be reached :
ARTICLE 4. THE SERVICE WIFIRST
The Wifirst Service allows the User to access the Internet and its various services, including the World Wide Web (WWW), e-mails, online services, files exchanges, and more generally, the exchange of data across the network.
4.1 User authentification
The use of Wifirst Service is exclusively reserved to natural persons, over the age of legal majority and having a full legal capacity. In most cases, Wifirst requires Users to authenticate before activating the internet connection, either by submitting an e-mail address or by creating an account on the Captive Portal.
4.2 Right of access to the Wifirst Service
Depending on the Connection Locations, access to Wifirst Service may be charged, free of charge, or conditioned by a procedure defined by the Partner. For any paid service, the User should refer to the relevant Terms and Conditions, and any information made available to the User before the purchase.
ARTICLE 5. USER OBLIGATIONS
5.1 The User guarantees the accuracy of the information provided during authentication. The User declares that s/he is informed and understands the intrinsic characteristics of the Internet and particularly the fact that (A) the transmission of Internet Data only has a relative reliability; that such transmission is done on various and heterogeneous networks, which characteristics and features may change over time, that such changes are likely to impact the Data transfer times or access time to Data; and that such networks may be saturated at certain times of the day; (B) the Data flowing over electronic communications networks can possibly be diverted and communication of confidential Data of the User is made at its own risk; (C) that the Internet is an open network and, consequently, the information it conveys is not protected against the risk of diversion, intrusion into the equipment, data piracy, programs and files or contamination by computer viruses of the User Device; (D) the User shall take all appropriate measures to (i) protect the Data, files or programs stored in the systems against contamination by viruses circulating on electronic communications networks including the Internet and intrusion attempts in the User Device and (ii) prevent the misuse of the Wifirst Service by potential third parties.
5.3 As a result of the above mentioned and in full knowledge of the characteristics of the Wifirst Service, the User agrees that Wifirst cannot be held liable for the consequences of any occurrence of one or more of the facts mentioned above and that under the law in effect, Wifirst is not subject to a general obligation to monitor the Data transiting on its network, nor a general obligation to seek circumstances indicating illegal activity.
5.4 The User acknowledges that access to the Wifirst Service may be temporarily suspended, due to maintenance of the Wifirst network, upgrades or the occurrence of a Force Majeure (as defined below).
5.5 The User agrees that it shall not degrade, move, or steal any equipment installed by Wifirst in the Connection Location in order to provide the Wifirst Service.
ARTICLE 6. HADOPI MESSAGE
The User acknowledges having read the following message from HADOPI: "You have just connected to a public Wi-Fi network, provided by Wifirst. By providing you with this Internet access, we would like to invite you to adopt a responsible attitude regarding the use of this Internet connection. Indeed, we are committed to the protection of creators' rights and would like to involve you in this process by inviting you not to illegally download content that contravenes intellectual property rights on the Internet. Sharing software such as "eMule" or "uTorrent", when connected to the internet, can automatically make downloaded files available. If sharing software has been used to download protected works, it is therefore preferable to deactivate it. The offrelegale.fr website, created by the HADOPI, lists several hundred cultural offers available online, all categories (free or paying) and cultural sectors (music, VOD, etc.) combined. To obtain all these offers, go to offrelegale.fr.
ARTICLE 7. WIFIRST OBLIGATIONS
Wifirst is expressly subject to an obligation of means in providing the Wifirst Service. Wifirst is not responsible for the quality of the Data transmission, information response time and possible restrictions of access to specific networks or services connected to the Internet.
ARTICLE 8. PERSONAL DATA
ARTICLE 9. FORCE MAJEURE