WiFree​Ljubljana

Terms of Service for WiFreeLjubljana

Effective as of 15 May 2013

  1. Introduction
    1. WiFreeLjubljana is provided by Telekom Slovenije in collaboration with the Ljubljana municipality through a private-public partnership.
    2. WiFreeLjubljana allows users with Wi-Fi enabled terminal equipment (laptop computers, mobile phones, tablets, or other communication devices) to access the internet wherever the WiFreeLjubljana wireless communication network provides coverage. WiFreeLjubljana also comprises the WiFreeLjubljana portal. Hereinafter both services will be referred to as WiFreeLjubljana.
    3. A user is any natural person or legal entity using WiFreeLjubljana to access internet or use the WiFreeLjubljana portal service.
    4. 1.4. The WiFreeLjubljana network is a wireless electronic communications network, which is available in the Ljubljana Municipality area.
  2. General Provisions
    1. The Terms of Service for WiFreeLjubljana (hereinafter referred to as Terms of Service) define the rights and obligations of Telekom Slovenije as the provider of WiFreeLjubljana, the rights and obligations of WiFreeLjubljana service users, the manner and terms of using the WiFreeLjubljana service, and the functions of WiFreeLjubljana.
    2. By using WiFreeLjubljana, users confirm they have read the Terms of Service, that they agree to them and that they acknowledge the provisions as binding, together with General Terms and Conditions of Using Electronic Communication Services of Telekom Slovenije, d. d. (hereinafter referred to as GTC) applied mutatis mutandis. If a user disagrees with Terms of Service, they will not be granted access to WiFreeLjubljana. Telekom Slovenije recommends users to print out the Terms of Service or save them on an appropriate permanent data carrier.
    3. WiFreeLjubljana is provided by Telekom Slovenia.
    4. The WiFreeLjubljana network is provided and operated by Telekom Slovenije.
    5. The name of the network users access and to which these Terms of Service apply is (SSID) WiFreeLjubljana.
    6. The WiFreeLjubljana portal is provided and operated by Telekom Slovenije.
    7. Users can connect to WiFreeLjubljana through hotspots which provide WiFreeLjubljana signal, and can access the internet and their e-mail quickly and easily whenever they are in an area which has WiFreeLjubljana coverage. The WiFreeLjubljana wireless electronic communication network’s coverage map, as well as a list of hotspots and their locations, is available on the WiFreeLjubljana portal. Telekom Slovenije will strive to provide accurate and up-to-date information on coverage and hotspots, it however does not guarantee the accuracy of the information provided and does not accept any liability for damage in regard to them.
    8. Wi-Fi is the name of the technology used to label certified wireless local area network (WLAN) devices that are designed according to IEEE 802.11 specifications, but is often used as a synonym for wireless technology in general. This certificate is issued by the non-profit Wi-Fi Alliance of equipment manufacturers with the purpose of providing compatibility between devices.
    9. Users can access WiFreeLjubljana with any terminal equipment that supports data transfer in accordance with the IEEE 802.11 b/g/n standards and has been verified by the Wi-Fi Alliance (has the Wi-Fi CERTIFIED logo).
    10. The WiFreeLjubljana service does not include the provision of e-addresses and web hosting.
  3. Scope of Services
    1. WiFreeLjubljana comprises:
      • limited access without registration: unlimited access to the WiFreeLjubljana portal and certain websites, content, and portals, which are listed on the WiFreeLjubljana portal;
      • general internet access with registration: free access to internet services for a limited time, and unlimited paid internet access; both in accordance with these Terms of Service;
      • use of the WiFreeLjubljana portal.
    2. Registered and signed-in users can access the internet for general purposes via the WiFreeLjubljana network for up to 60 minutes a day free of charge.
    3. Users will be charged for general internet access via the WiFreeLjubljana network exceeding 60 minutes a day in accordance with the price list published on the WiFreeLjubljana portal and Telekom Slovenije’s website.
    4. A day begins at 0:00 and ends at 23:59.
    5. Telekom Slovenije will strive:
      • to ensure that WiFreeLjubljana operates smoothly 24/7, it is however not liable for any outages to the WiFreeLjubljana network or service caused by necessary maintenance work, force majeure, or actions of any third parties which could not be expected, or whose consequences could not be avoided or eliminated;
      • to start repairing errors as soon as possible in case of an outage to the WiFreeLjubljana network or service.
    6. Telekom Slovenije shall provide WiFreeLjubljana within its technical and technological capacities, and does not make any warranties and guarantees regarding its smooth and uninterrupted operation. Telekom Slovenije will do its best to ensure that WiFreeLjubljana operates in accordance with technical and technological capabilities and capacities:
      • using WiFreeLjubljana without registration will provide users with data rates of up to 50Mbps, as well as with unlimited access to the WiFreeLjubljana portal and some websites listed on the WiFreeLjubljana portal;
      • using WiFreeLjubljana in the first (free of charge) 60 minutes will provide users with data rates of up to 512 Kbps and requires registration and logging in on the portal;
      • using the paid WiFreeLjubljana service after the first 60 minutes will provide users with data rates of up to 50 Mbps, and also requires registration and signing in.
    7. Telekom Slovenije may block access to certain inappropriate and harmful (types of) content through WiFreeLjubljana, as determined on the WiFreeLjubljana website and user instructions.
    8. To protect the interest of users and prevent abuse, Telekom Slovenije may block the provision of WiFreeLjubljana to user/s, if it identifies potential abuse.
    9. In order to provide equal and fair use of WiFreeLjubljana to all of its users and to avoid overloading the network, Telekom Slovenije may limit data rates for the use of WiFreeLjubljana.
    10. Telekom Slovenije may stop providing WiFreeLjubljana to user/s, if it establishes that the user/s is/are disrupting the functionality of the WiFreeLjubljana network, or breaching these Terms of Service, or using WiFreeLjubljana for unauthorized purposes. The user undertakes to pay any potential damages to Telekom Slovenije and/or third parties in such cases.
    11. 3.11. For the purpose of providing WiFreeLjubljana, and for the purpose of handling claims and complaints, the following data shall be stored until the deadline for filing a complaint, i.e. for the current and three (3) past charging periods:
      • in relation to free internet access: a device’s MSISDN, MAC, the time when the free of charge code was requested, the issued code and IP of the device from which the request was sent, the time and duration of individual sessions, the code used and the IP of the device in individual sessions;
      • in relation to paid internet access: a device’s MAC, the code used, the IP of the device in individual sessions, and the time and duration of individual sessions;
      • in relation to payments for access: (i) for Moneta payments: a device’s MSISDN, MAC, the IP of the device from which the transaction was made, the time at which the transaction was initiated, the outcome of the transaction (successful/unsuccessful), the issued code, the type of the price plan (24h, 7 days, 30 days), the issued code, the number of the account; (ii) for credit card payments: the time at which the transaction was initiated, the IP of the device from which the transaction was made, the user’s e-mail if they requested an invoice, the designation of the transaction, the outcome of the transaction (successful/unsuccessful), the type of the price plan (24h, 7 days, 30 days), and the issued code.
    12. For the purpose of acquiring data on traffic in the public electronic communication network determined by the law governing the penal procedure, for the purpose of protecting national security and constitution, and the country’s security, political and economic interests as determined by the act governing the Slovene Intelligence and Security Agency, and for the purpose of defending the country as determined by the law regulating the defense of the country, Telekom Slovenije shall store data determined by the law, which it generates or processes when providing public communication services connected with them. It shall retain this data for a period as determined by the law. Access to this data shall only be allowed to authorized bodies and in a manner and for purposes determined by the law.
  4. Prices and Payment
    1. WiFreeLjubljana shall be charged and paid for in accordance with the valid price list, which is published on the WiFreeLjubljana portal and Telekom Slovenije’s website. Users agree to the price list along with these Terms of Service. All prices are in EUR and include VAT. Telekom Slovenije reserves the right to change the prices of WiFreeLjubljana. Prices valid at the moment the user places an order shall be applied.
    2. General internet access though the WiFreeLjubljana network will be available to users free of charge for up to 60 minutes a day.
    3. Users will be charged for general internet access through the WiFreeLjubljana network exceeding 60 minutes a day in accordance with the price list.
    4. Payments can be made by any means listed on the WiFreeLjubljana portal.
  5. Telekom Slovenije’s responsibility
    1. In relation to WiFreeLjubljana, Telekom Slovenije:
      • makes no guarantees or warranties regarding the operations of WiFreeLjubljana;
      • gives no guarantees regarding WiFreeLjubljana’s uninterrupted operations, i.e. does not guarantee uninterrupted internet access;
      • is not responsible for any loss of income and/or direct or indirect damage that would result from the operation or outage of WiFreeLjubljana, or any interruptions to its operations;
      • is not responsible for the content or format of information acquired by users through WiFreeLjubljana;
      • is not responsible for content transferred or accessed by users, and is not responsible for the user’s or any third parties’ conduct on the internet;
      • is not responsible for direct or indirect loss of income or any damage arising from the loss or theft of user’s data and other parameters necessary for using WiFreeLjubljana, or for a malfunction of the user’s terminal equipment used for accessing the WiFreeLjubljana network, unless the damage is the consequence of Telekom Slovenije’s willful misconduct or grave negligence;
      • is not responsible for consequences or damage resulting from the abuse of terminal equipment used by the user to access the WiFreeLjubljana network, from the unauthorized use of said terminal equipment by third parties, or from a breach of these Terms of Service or the GTC;
      • may block the provision of WiFreeLjubljana services to user/s if it identifies potential abuse, in order to protect the interest of users and prevent said abuse;
      • may block the provision of WiFreeLjubljana to user/s, if it establishes that the user/s is/are disrupting the WiFreeLjubljana network’s functionality, breaching these Terms of Service, or using WiFreeLjubljana for unauthorized purposes, in which case the user undertakes to pay any potential damages, including the cost;
      • does not guarantee users that the Wi-Fi connection is completely secure. Using public Wi-Fi hotspots is always risky in terms of security, which is why it is important that users take some security precautions on their terminal equipment when using the WiFreeLjubljana portal, namely by:
        • switching off file and printer sharing when browsing the internet;
        • switching on their firewall;
        • using SSL (Secure Sockets Layer) protocol whenever possible;
        • considering using a Virtual Private Network (VPN), which supports secure internet browsing and prevents data from being intercepted.
      • will provide data protection within the technological capabilities of Wi-Fi network technology, and in accordance with the Slovenian legislation.
  6. User’s Obligations
    1. When using WiFreeLjubljana, the user undertakes:
      • not to distribute to third parties information or data that is harmful, dangerous, insulting, causes mental distress, is unfair, slanderous, offensive, obscene, degrading, breaches privacy, is hateful, or breaches legislation or regulations based on it in any other way;
      • not to use WiFreeLjubljana for illicit purposes or contrary to these Terms of Service;
      • not to violate third parties’ copyrights or related rights, trademarks, patents, or other legally protected or registered property rights, or any other industrial property rights;
      • not to send unsolicited bulk messages (spam);
      • not to use WiFreeLjubljana to cover up the source of data transfer;
      • not to distribute information or data that contain computer viruses or material intended to disrupt, destroy, or limit the functionality of computer or other IT hardware and software;
      • not to perform actions intended to hack into computer systems or detect system weaknesses;
      • not to perform actions that could harm minors in any way or are forbidden by law;
      • not to use WiFreeLjubljana for conducting, inciting, helping or encouraging criminal acts;
      • not to perform actions intended at disabling the operations of WiFreeLjubljana or the internet;
      • not to hinder or attempt to hinder other users’ access to WiFreeLjubljana or the internet.
    2. The user agrees that Telekom Slovenije may at any time stop providing them with internet access through the WiFreeLjubljana network, or prevent them from using the services on the WiFreeLjubljana portal, if it determines that the user may be breaching the provisions from the preceding paragraph.
  7. Use of Services
    1. WiFreeLjubljana user agrees:
      • that they are themselves responsible for accessing their user account, and that they will ensure the protection of their user information and passwords;
      • that they are responsible for the activities and actions of all third parties accessing WiFreeLjubljana on the terminal equipment that they use for accessing the WiFreeLjubljana network;
      • that they are aware that when using the internet they may access content that is not appropriate for children and minors, and will in this case view such content in the presence of parents/legal guardians or with their consent;
      • that they are solely responsible for any potential indirect or direct damage that might arise from the use of WiFreeLjubljana services;
      • that they are aware of all the technical aspects of the operation of Wi-Fi networks, including potential security issues in the operation of said networks, and consequently understand the use of WiFreeLjubljana
      • that they are aware that, should they require a higher level of security when using WiFreeLjubljana, they must provide for such themselves and install the additional security software of their choice on the terminal device they use to connect to the WiFreeLjubljana network (e.g. a firewall, establishing a connection through VPN, ensuring the appropriate security of access passwords, credit card numbers, etc.);
      • that they are aware that the nature of Wi-Fi networks does not make it possible to ensure absolute protection from user data interception, and that Telekom Slovenije is not, and cannot be responsible for any such potential illegal interception of their data;
      • that they are aware that by using WiFreeLjubljana they are accessing the internet, and thereby exposing themselves to all the security risks that the internet represents (e.g. theft of personal data, the possibility of infecting their terminal device with a virus, illegal hacking into the system of the device that the user accesses the internet with, etc.), for which Telekom Slovenije is not responsible.
    2. Access to individual content and/or the content of the individual websites on the WiFreeLjubljana portal and the level of their interactivity also depend on the method of accessing the WiFreeLjubljana portal, as well as the terminal equipment used for accessing the website. Users can also use the WiFreeLjubljana portal service via the web, a mobile phone with an appropriate browser, or a tablet computer, with the content tailored to the individual terminal device.
    3. Besides internet access, the WiFreeLjubljana portal also provides access to other commercial and/or payable content that may have its own terms and conditions, as well as instructions for use. In such cases Telekom Slovenije only acts as the provider of the WiFreeLjubljana network, and is not responsible for the operation or the content itself, and is consequently not responsible for any potential damage that users might incur from the use of these services.
    4. The service also incorporates certain cookies or similar service provider technologies that are used exclusively for the purpose of facilitating the operation of individual functions of WiFreeLjubljana, including advertising and anonymous statistical services.
    5. The user permits and has been made aware of the fact that Telekom Slovenije stores information on the computer or other connected terminal device that is used to access WiFreeLjubljana in the form of cookies or similar technologies, with the purpose of facilitating the operations of individual functions of WiFreeLjubljana, customization, and service caching.
    6. A cookie is a character string that the user's web browser can permanently store on the user's computer or mobile device. It stores the data and choices made when visiting individual websites. Online/mobile websites use cookies every time a user visits them by saving the user's unique ID, the time of the login, and other necessary non-personal data in a protected cookie that is temporarily stored on the user's computer or mobile device.
    7. Cookies allow users to navigate through websites without having to login for access to every page. Users can allow or prevent the installation of cookies with web/mobile browser settings. If a user does not wish to accept cookies, they will not be able to use all the services provided by a website/mobile site.
  8. Protection of Privacy
    1. Users register at the WiFreeLjubljana portal in accordance with the instructions on the WiFreeLjubljana portal.
    2. By registering, the user permits Telekom Slovenije and its contractual partners to collect and use certain data regarding the user of WiFreeLjubljana, such as their mobile phone number or user name, and the ID of the means of payment the user enters upon registration. The data the user submits to the WiFreeLjubljana portal that is intended for using WiFreeLjubljana is collected by the provider exclusively for the requirements of providing WiFreeLjubljana, improving and analyzing it, and for the purpose of conducting payment for using WiFreeLjubljana.
    3. Telekom Slovenije and/or its contractual partners collect, store, manage, use, and process all the data that the user enters upon registration, and any subsequent changes to them, in accordance with valid legislation and within an appropriately secure and protected system. The protection of users’ personal data comprises organizational, technical, and logical procedures and measures for protecting personal data, preventing accidental or deliberate unauthorized destruction, change or loss of the data, and unauthorized processing of the data.
    4. For the purpose of using WiFreeLjubljana, Telekom Slovenije will assign the user with an IP number upon each login to the WiFreeLjubljana network, thereby allowing the user to access WiFreeLjubljana or the internet.
    5. The data that the user enters upon registration, and subsequent changes, are intended exclusively for the requirements of providing WiFreeLjubljana, as well as its improvement and analysis, and Telekom Slovenije and/or its contractual partners will not provide them for any other purpose or to any third party, except with the user’s consent or upon the justified request of a judiciary or governmental body, or in the event of protecting the provider’s legal interests in a potential judiciary or administrative proceedings before a public body.
  9. Copyright
    1. Telekom Slovenije and/or its contractual partners reserve the copyright and all related rights and industrial property rights over all the content and apps published on the WiFreeLjubljana portal.
    2. Users may only browse and view the content published on the WiFreeLjubljana portal. The content and apps published on the WiFreeLjubljana portal may not be reproduced, changed, copied, re-published, or disseminated for commercial or non-commercial purposes without Telekom Slovenije’s prior written permission.
    3. In the event Telekom Slovenije permits the use of the content on the WiFreeLjubljana portal, all copyright and industrial rights labels and other such notifications and warnings must be retained.
    4. Trademarks that appear in connection with WiFreeLjubljana are registered trademarks, which are held by or licensed to Telekom Slovenije, related entities as defined by the Companies Act, or contractual partners. Any use of these trademarks is strictly prohibited without the appropriate prior written approval of the rights owner. The brands that are not registered as trademarks are protected by copyright law.
    5. When quoting or reposting content from WiFreeLjubljana, you must include a link to the website www.wifreeljubljana.si. We recommend that users create links by using the functionalities which support publishing on social networks, which are available as part of the WiFreeLjubljana website. It is forbidden to publish links to websites with illicit or immoral content. The owner and/or operator of the website where such a link was published must remove the link at the request of the service owner.
    6. With the exception of the aforementioned case, it is forbidden to publish, reproduce, distribute, or use in any other way the WiFreeLjubljana’s logo and/or content on other websites and/or in other media without the owner’s permission.
  10. Disclaimer
    1. The provider of WiFreeLjubljana will strive to provide the most accurate and up-to-date information on the WiFreeLjubljana portal, but users of the WiFreeLjubljana portal should be aware that the texts are of an informative nature, and hence the company does not guarantee nor accept any responsibility for their accuracy or integrity. All users consume the content published at their own responsibility. The provider of WiFreeLjubljana is not responsible for occasional downtime of the WiFreeLjubljana portal, for the potential inaccuracy of information, or for potential damage caused by the use of inaccurate or incomplete information, as well as for the potential downtimes of the internet providers through which users are accessing the WiFreeLjubljana portal.
    2. In regard to user content and comments, the provider of the WiFreeLjubljana portal cannot prevent the actions of users who post their user content and comments in real time.
    3. The sites on the WiFreeLjubljana portal also contain certain links and references to other websites and content which are not in any way linked to the WiFreeLjubljana portal and over which the provider of WiFreeLjubljana has no control, therefore WiFreeLjubljana provider cannot provide any guarantees or take any responsibility regarding them.
  11. Transitional and Final Provisions
    1. The titles of the chapters in these Terms of Service are used exclusively to make these Terms of Service more user-friendly, and do not have any effect on the content and interpretation of the individual provisions or these Terms of Service as a whole. Telekom Slovenije may change these Terms of Service in accordance with legislation and its business policy. Users of WiFreeLjubljana will be informed about changes to these Terms of Service that affect their rights and obligations at least thirty (30) days before they come into force. These Terms of Service shall be interpreted exclusively in accordance with the law of the Republic of Slovenia, which shall also be applied when resolving any disputes arising from the use of WiFreeLjubljana.
    2. Any disputes or legal proceedings arising from the use of WiFreeLjubljana or related to the use of said service in any way shall be resolved by the competent court in Ljubljana.
    3. These Terms of Service shall come into force on 15 May 2013. On that day the Terms and Conditions of Using the WiFreeLjubljana Service of 1 October 2012, cease to apply.
    4. These Terms of Service are available on Telekom Slovenije’s website and the WiFreeLjubljana portal.

 

Telekom Slovenije, d.d.

Rudolf Skobe
President of the
Management Board


GD 3.0.3/162.1 (15. 4. 2013)