VARUA is a company based in Fakarava and specialized in networks.
Its head office is:
VARUA – BP 157 Rotoava – 98763 Fakarava – French Polynesia
N° Tahiti: 468611
RCS: 201404A
1. SUBJECT
The purpose of this document is to define the terms and conditions of use of the Public Hotspot Service provided by the company VARUA under the trade name “VARU@ – Hotspot”.
This service allows the User with a Wi-Fi device (laptop, tablet, smartphone, game console, PDA, etc.), compliant with IEEE 802.11a, 802.11g, 802.11n and 802.11ac standards, to connect wirelessly to the Internet from areas covered by VARUA’s public Wi-Fi network.
The Service includes all Internet access features.
The Service does not include the provision of mailboxes or hosting of web pages.
2. DEFINITIONS
“Voucher”: means a printed ticket or a dematerialized ticket representing a prepaid credit for Wi-Fi communication time.
“Hotspot Access Code”: refers to the code communicated when purchasing a prepaid Wi-Fi communication time credit allowing access and authentication to the VARUA public Wi-Fi network.
“Public Hotspot” or “VARUA Hotspot” means a public place covered by the VARUA public Wi-Fi network.
“VARU@ – Hotspot Service” or “Service” means the service to access the Internet using Wi-Fi wireless technology at VARUA Hotspots.
“User” means any individual or legal entity who has subscribed to the Public Hotspot Service offered by VARUA under the conditions set out in these Terms of Use.
“Wi-Fi”: refers generically to the set of wireless communication protocols governed by the IEEE 802.11 group of standards.
3. SUBSCRIPTION TO THE SERVICE
Depending on the individual VARUA Hotspot, subscription to the VARU@ – Hotspot Service may require the purchase of a prepaid Wi-Fi airtime credit, as described below.
Connection and authentication with the access portal(s) of the VARUA Hotspot(s) to which the User is connected are in all cases essential steps.
Once these steps have been completed, VARUA offers the User of the Public Hotspot service wireless Internet access in the areas covered by the VARUA public Wi-Fi network.
Prepaid Wi-Fi airtime credits can be purchased in the form of Vouchers from VARUA distributors.
The prepaid time credits can be used immediately after validation of the purchase or within a maximum period of three (3) months from such validation.
Prepaid Time Credits can be purchasedfor the connection of one (1) terminal. Each prepaid credit is attached to the identifier (MAC address) of the terminal from which the connection is made.
Unless otherwise stated, the offer allows connection from only one terminal (designated by its MAC address).
It is also possible to obtain these prepaid credits on the VARUA Hotspots access portal using secure payment by credit card or Paypal, using the Paypal service.
This provides the User with a secure, legally compliant banking transaction service.
Payment cards such as Carte Bleue, Visa and Mastercard are the only means of payment accepted.
If a “free Wi-Fi” offer is provided on one (or more) VARUA Hotspot(s), the User may benefit from a free Wi-Fi communication package, for a period determined by the VARUA Hotspot(s) concerned, in accordance with Article 4.4 below.
4. ACCESS TO THE SERVICE
4.1 The Service is accessible 7 days a week, 24 hours a day in the places covered by VARUA’s public Wi-Fi network, under the terms and conditions and within the limits of the prepaid Wi-Fi communication credit subscribed by the User. To access the Service, if it is not free of charge, the User is required to provide his/her Hotspot Access Code.
4.2 The User can choose from different prepaid Wi-Fi communication credits, with different durations and speeds depending on the package subscribed to.
4.3 For these prepaid credits, from the moment the User connects to the public Wi-Fi network, the entire prepaid credit will be used up until its term, regardless of any disconnection of the User’s Terminal or event interrupting the connection. The User explicitly acknowledges that no event of any kind shall be deemed, unless otherwise specified by VARUA, to suspend or interrupt the settlement of the prepaid credit.
After the User has entered their Hotspot Access Code on the home page of the Public Hotspot access portal on which
they are located, any elapsed Wi-Fi communication time will be debited to the time credit purchased by the User.
For the determination of the credit available for the use of the Service, only the counter reading of the VARUA billing system shall be taken into account.
4.4 In the event that a “Free Wi-Fi” offer is provided at a given VARUA Hotspot, it will be presented on the home page.
Access to this offer is made online, after validation of these General Terms and Conditions of Use, from a link provided on the access portal of the VARUA Hotspot(s) concerned.
“Free Wi-Fi” offers may be limited to a duration of Wi-Fi communications per minute, hour or day and per equipment (equipment identified by its MAC address or Media Access Control).
The package automatically terminates when the “Free Wi-Fi” offer is exhausted.
For the determination of the duration available in the package, only the counter status of the VARUA billing system is taken into account.
4.5 The list of VARUA Hotspots can be found on the VARUA website under :
https://hotspot.varua.net/coverage
5. PRICE – TERMS OF PAYMENT
The prices of prepaid Wi-Fi communication credits are those in effect at the date of acquisition. They are indicated inclusive of all taxes.
If the User wishes to benefit from special services, VARUA will provide him/her with the prices on request.
6. COMMITMENT OF THE USER
6.1 MANDATORY INFORMATION
To subscribe online to the Service, the User undertakes to communicate their exact contact details to VARUA, including a valid email address. The User is solely responsible for the validity of the email address provided.
VARUA shall not be held liable for any consequences that the User and/or third parties may suffer if the User fails to notify VARUA of any changes.
6.2 HOTSPOT ACCESS CODE
6.2.1 The Hotspot Access Code enabling the User to authenticate to the VARUA Hotspot Access Portal is personal and confidential.
In case of an online purchase on the VARUA Hotspot Access Portal, the Hotspot Access Code is immediately communicated to the User online and by means of an e-mail to the address declared by the User on the online order form.
In the case of the purchase of a Voucher, the Hotspot Access Code is indicated on the ticket given to the User.
The Customer undertakes to keep the Hotspot Access Code allocated to them secret and not to disclose it in any form whatsoever.
By using this Hotspot Access Code, the Customer has a personalized and exclusive access to the VARU@ – Hotspot Service.
Any connection to the Service made using the User’s Hotspot Access Code will be deemed to have been made by and be the responsibiity of the User.
6.2.2 In the event of loss, theft or misuse of the Hotspot Access Code by third parties, the User undertakes to notify, without delay, the VARUA Sales Department at the email address hotspot@varua.net so that the latter can cancel the service.
6.3. SPECIFIC OBLIGATIONS RELATED TO THE INTERNET
6.3.1. With regard to the use of the Internet, the User is informed that the Internet is a network that carries data that may be protected by intellectual property rights or may violate the legal provisions in force.
The User therefore refrains from transmitting or downloading on the Internet any data that is prohibited, illicit, illegal, contrary to morality or public order and that infringes or is likely to infringe the rights of third parties and in particular intellectual property rights.
6.3.2 It is expressly reminded that the Internet is not a secure network. Under these conditions, it is the User’s responsibility to take all appropriate measures to protect their or her own data and/or software, in particular from contamination by any viruses circulating on the Internet or from intrusion by a third party into their or her terminal system (laptop, personal assistant or mobile) for any purpose whatsoever, and to make backups on their laptop and personal assistant before and after the Service is set up.
6.3.3. The User also acknowledges that they is fully aware to the unreliability of the Internet network, particularly in terms of the lack of security for data transmission and the failure to guarantee performance in terms of the volume and speed of data transmission.
The User acknowledges being informed that the integrity, authentication and confidentiality of the information, files and data of any kind that he or she wishes to exchange on the Internet network cannot be guaranteed on this network.
The User must therefore not transmit via the Internet any messages whose confidentiality they or they would like to see guaranteed in an infallible manner.
6.3.4. The User shall refrain from any fraudulent, abusive or excessive use of the Service, such as, in particular, the voluntary or involuntary congestion of VARUA’s mail servers and/or email recipients by spamming, bulk email, junk email or sending of click bait messages meant to generate a large number of responses (baiting, phishing or trolling) which may disrupt the availability of said servers or network and assumes full responsibility for such use of the Service.
6.3.5. With regard to products or services on the Internet, the User should address directly to the content providers any claim relating to the performance of services rendered by them or the sale of products by them.
6.3.6. VARUA also warns the User about the nature and diversity of the content available on the Internet, which may be harmful to minors.
6.4 LEGAL OBLIGATION OF THE USER AGAINST PIRACY
6.4.1. In accordance with Article 5 of Law No. 2009-669 of June 12, 2009 promoting the dissemination and protection of creative works on the Internet, the User is informed of the provisions of Article L.336-3 of the French law on the protection of creative works on the Internet of the Intellectual Property Code (hereafter “IPC”): “The person who has access to online public communication services has the obligation to ensure that such access is not used for the purpose of reproduction, representation, making available or communication to the public of works or objects protected by copyright or a related right without the authorization of the holders of the rights provided for in Books I and II when required. The failure of the person holding access to the obligation defined in the first paragraph shall not result in the criminal liability of the person concerned”.
6.4.2. The User is informed that the High Authority for the Dissemination of Works and the Protection of Rights on the Internet (HADOPI) may be required to take the following measures :
– When it is seized of facts likely to constitute a breach of the obligation defined in article L.336-3 of the CPI, HADOPI may send, under its stamp and on its behalf, to the User via VARUA a recommendation containing a reminder of its obligation under the above-mentioned article L.336-3, an injunction to comply with it as well as any useful information concerning the fight against piracy, and any means of security that may exist. It will include in particular the date and time of the facts in question and the contact information to which HADOPI can be reached by the User;
– In case of renewal within 6 months from the sending of the recommendation referred to above, HADOPI may send a new recommendation with the same information as the previous one by electronic means under the same conditions referred to above. HADOPI may attach to this recommendation a letter of transmittal against signature or any other means to establish proof of the date of transmittal of the recommendation.
6.4.3 In addition, the User is informed that the violation of copyright and related rights as defined by the CPI by the User is an offense punishable by the criminal penalties provided for in articles L.335-2, L.335-3, L.335-4, L.335-5, L.335-6 and L.335-7 of the CPI. In addition, the User is liable to civil penalties in compensation for the prejudice suffered by the beneficiaries.
7. COMMITMENT OF VARUA
7.1. VARUA uses all means at its disposal to ensure a high availability of the Service. However, VARUA cannot guarantee an uninterrupted and undisturbed operation of the Service, nor can it guarantee specific transmission times and capacities. VARUA reserves the right to carry out maintenance work at any time that may interrupt the operation of its public Wi-Fi network.
7.2. VARUA is not responsible for the content available on the Internet and for any damage that may arise from its use unless such damage was caused intentionally by VARUA.
In view of the confidentiality of private correspondence, VARUA has no control over the content or characteristics of the data received or transmitted by the User on its network and/or on the Internet. However, in order to ensure the proper management of the Internet access system, VARUA reserves the right to delete any message or prevent any operation by the User which may disturb the proper functioning of its network or the Internet network or which does not comply with the rules of operation, ethics and deontology.
Exceptions to this rule of confidentiality may be made to the extent permitted by law, at the request of public and/or judicial authorities.
7.3. VARUA cannot be held responsible for the use of data and information that the User may have introduced or retrieved on the Internet network.
VARUA disclaims any liability for the consequences of fraudulent, abusive or excessive use of the Service by one or more Users, such as in particular the voluntary or involuntary congestion of the recipients of e-mails by wild mailing (spamming, bulk e.mail, junk e.mail or sending of click bait messages meant to generate a large number of responses like baiting, phishing or trolling) which may disrupt the availability of said servers or network.
7.4. VARUA cannot be held liable:
– in case of non-compatibility of an IEEE 802.11a/g/n/ac WLAN network card with VARUA’s public Wi-Fi network (in particular if the laptop or the card has been set up differently from those set up on VARUA’s public Wi-Fi network),
– in case of unavailability of the service on a given area of all or part of the above-mentioned technologies,
– in case of refusal by the client’s browser of cookies, which are necessary for the use of the service,
– in case of misuse of the Service by the User,
– in the event of incorrect installation and/or configuration and/or malfunction of the Notebook, the User’s PDA and/or the IEEE 802.11a/g/n WLAN network card,
– in the event of non-compliance by the User with its obligations,
– in the event of use that does not comply with the Service’s instructions for use,
– in the event of impossibility of access by Internet to the virtual private network of a company,
– in the event of disruptions and/or total or partial unavailability and/or interruption of all or part of the services offered on the networks operated by third party operators,
– in the event of force majeure within the meaning of the case law of the Court of Cassation.
8. RESPONSIBILITY OF THE USER
The User is solely responsible for any direct or indirect, material or immaterial damage caused to VARUA and/or third parties as a result of their use of the VARU@ – Hotspot Service.
9. LIABILITY OF VARUA
VARUA is subject to an obligation of means with respect to the performance of its obligations hereunder.
It is expressly agreed that in the event that VARUA is held liable for the execution of these general terms and conditions of use, the User shall only be entitled to claim compensation for the direct and immediate loss he or she has suffered, within the limit of the amount invoiced by VARUA to the User for the order concerned.
10. SECURITY
Communications made via the Service are in principle as secure as standard Internet communications. Absolute protection against intrusion or eavesdropping cannot be guaranteed. VARUA accepts no liability for such events.
If the User wishes to increase the level of security, he or she may install security software himself, such as firewalls or VPNs (Virtual Private Networks). In the case of third party software, VARUA is not responsible for the functioning of the security software.
As a rule, access to company data (Intranet, Office applications, etc.) presupposes the installation of appropriate security software on the mobile device (laptop, PDA, etc.) and on the relevant company server. As this software is provided by a third party, VARUA accepts no responsibility for its proper functioning.
11. CUSTOMER SERVICE
11.1 COMMERCIAL & TECHNICAL SERVICE
VARUA provides Users of its Service with an e-mail address to handle all types of commercial and technical queries: hotspot@varua.net.
12. DURATION OF THE CONTRACT – TERMS AND CONDITIONS UPDATE
The contract is concluded as from the authentication of the User on the VARUA Hotspot(s) portal(s) for the duration corresponding to the prepaid credit of Wi-Fi communication time acquired by the User (or, if applicable, to the free credit of Wi-Fi communication minutes offered by VARUA within the framework of a “free Wi-Fi” offer), under the conditions defined in article 4 of these terms and conditions.
VARUA reserves the right to modify the Service and to adapt these terms of use. Only the latest versions of the General Terms of Use in force shall apply in the context of the relationship established with the User. The User is advised to periodically visit the VARUA website or the portal to the VARUA Hotspot(s), where the current provisions are presented.
13. RIGHT OF WITHDRAWAL
In accordance with the terms respectively of Articles L114-1 and L121-20-12 of the French Consumer Code, the User (natural person) has a period of 7 working days in the case of a purchase of a Voucher from a VARUA distributor or a remote subscription of one or more prepaid Wi-Fi communication credits from the date of purchase to retract, to make a request to VARUA for an exchange or a refund, without penalties. To do so, the User must send an e-mail to hotspot@varua.net. However, the User who uses the Service before the expiration of the 7 calendar days period is deemed to have waived their right of withdrawal. Likewise, VARUA reserves the right not to refund the User if it finds that, at the end of the 7 calendar day period, the Service has been used on VARUA’s public Wi-Fi network. Concerning the 7 working days period, when it expires on a Saturday, Sunday, holiday or non-working day, it is extended until the 1st following working day.
14. PERSONAL DATA
14.1 In accordance with the applicable legal and regulatory provisions, VARUA is obliged to collect and store electronic communication data relating to traffic. To this end, VARUA may disclose such data for the purpose of investigating, recording and prosecuting criminal offenses, for the prevention of terrorist activity, for billing and payment of the Service, for network and facility security.
14.2 Any User may ask VARUA to communicate nominative information concerning him/her and have it rectified or deleted if necessary, in accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and liberties. This right of access, rectification or deletion may be exercised by postal mail addressed to VARUA at the following address VARUA – Commercial Department – BP 157 Rotoava – 98763 Fakarava – French Polynesia.
15. SUSPENSION/TERMINATION
VARUA reserves the right to suspend access to the Service and to terminate the contract with immediate effect and without compensation in the event of failure by the User to comply with one of its obligations and in particular in the event of an act of piracy or attempt to use or illicitly send information circulating on the network due to or originating from the User’s Wi-Fi connection, including if VARUA finds simultaneous connections on the same Identifier. VARUA reserves the right to claim damages.
16. APPLICABLE LAW AND JURISDICTION
This contract is subject to the law applicable in French Polynesia.