These general terms and conditions apply to the free use of the Wi-Fi network of Batavia Stad Fashion Outlet (the “Centre”). By logging in on the Wi-Fi network of the Centre, you confirm that you have read and understood these General Terms and Conditions and that you agree to them. If you do not agree to these General Terms and Conditions, do not use the Service.
These General Terms and Conditions and all revisions thereto are accessible at all times on the website of the Centre at https://www.bataviastad.nl.
1.1 In these General Terms and Conditions, the following terms have the following meaning:
General Terms and Conditions: these general conditions for the use of the Service.
Batavia Stad Fashion Outlet: the private limited company Batavia Stad Outlet Shopping B.V., a private company with limited liability, incorporated and existing under the laws of The Netherlands, having its registered office in Amsterdam, the Netherlands, office address at Weena 210-212, 3012 NJ Rotterdam, the Netherlands, registered with the Commercial Register at the Chamber of Commerce under number 30220831, VAT identification number: NL.8173.78820.B01.
Peripheral Device: the device with which the User makes a connection with the Wi-Fi network.
Service: the provision of wireless access to the internet via the Wi-Fi network.
User / you: a natural person making use of the Service.
“We” and “Us”: means Batavia Stad Fashion Outlet and “our” and “ours” shall be construed accordingly.
Wi-Fi network: an unsecured wireless network offering the User free access to the internet.
2.1 We are entitled at all times to modify and/or supplement these General Terms and Conditions. The most up-to date General Terms and Conditions are brought to the attention of the User before use is made of the Service. If the User continues to use the Service after the modification and/or supplementation of these General Terms and Conditions, the User thereby irrevocably accepts the modified and/or supplemented General Terms and Conditions. If the User does not agree to the modified and/or supplemented General Terms and Conditions, his/her only option is to no longer use the Service.
3.1 The Service enables Users to free of charge connect to the Internet by means of the Wi-Fi network. Additional fees; however, may be charged by your (internet) provider.
3.2 We may assume that the User is the actual person logging in with his/her login details. We are not liable for damage resulting from any unauthorized access to or use of the Service by third parties.
3.3 The User himself/herself is responsible and liable for all actions performed with the aid of his/her login details when using the Service.
3.4 The Service is intended for your personal use only and in accordance with these General Terms and Conditions. You may not use the Service for any commercial or business purpose and you do not have the right to resell or enable access to the Service to any third party.
3.5 The User is responsible for the configuration of his/her own Peripheral Device. Employees of the Centre cannot assist the User in the installation, programming and/or configuration of a wireless internet connection. The Service is available to your Peripheral Device only when it is within the range of our Wi-Fi network.
3.6 We reserve the right to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).
3.7 We are at all times entitled, without in any way becoming liable to you, (i) to make procedural and technical alterations and/or improvements to the Service, and/or (ii) to (permanently or temporarily) take the Service out of use, limit the use of the Service, or cancel the Service.
4.1 By using the Service, you acknowledge and agree that the transmission of information via the internet and via the Service may be subject to security, privacy and confidentiality risks. We cannot guarantee the security or confidentiality of your (personal) data transmitted via the Service and therefore any transmission or use of the Service is entirely at your own risk. We recommended that while using the Service you use an approved secure technology and/or a personal firewall. You understand and agree that not all viruses or similar harmful programs can be detected or prevented.
4.2 The data traffic between the Wi-Fi network and Peripheral Device used by the User is sent without encryption. The User accepts the risk that the data in transit can be received by others than for whom they are intended. You are personally responsible for securing the data traffic between the Peripheral Device and the Wi-Fi network against any unauthorized access by third parties. You are also personally responsible for securing the Peripheral Device against viruses, Trojan horses, and other forms of undesired access to the Peripheral Device.
5.1 We do not control, nor are it in any way liable for, data or content that you access or receive via the Service. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.
5.2 It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. We will not be a party to, nor in any way be responsible for, any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Service.
5.3 We provide this Service to you and other Users free of charge. The Service is intended to support general web browsing activities. Due to limited bandwidth and to ensure a consistent experience for all customers, our Service may not support high-bandwidth actions such as streaming music, streaming video or downloading large files.
5.4 You are not permitted to use the Service for a purpose as listed below or make information, data or content available:
5.5 In the event of a suspicion of misuse within the meaning of article 5.4, we may be legally obliged to inform the appropriate authorities of that suspicion. Details of the User will be passed on to the appropriate authorities if we are legally obliged to do so or see any other reason to do so.
6.1 Other than expressly set out in these General Terms and Condition and to the greatest extent permitted by law, we make no representations or warranties with respect to the speed, bandwidth quality and reliability of the internet connection made available to you by means of the Service, accuracy and completeness, reliability or usefulness of the Service, or the performance of its obligations hereunder, and we expressly disclaim all warranties and conditions or representations of any kind, whether express, statutory, or by common law, implied or otherwise, including, but not limited to, implied warranties of satisfactory quality or fitness for a particular purpose. The User accepts that the Service only has those functionalities and other characteristics in effect at the moment of Use ('as is' basis).
6.2 We do not guarantee that the Service shall be available to you at all times and without interruptions, faults or disturbances, that the Service shall be effective or the use of the Service shall lead to certain results or that the information provided through the Service shall be accurate, up to date and complete.
6.3 We are not responsible for: (i) the purchase and/or the proper operation of your Peripheral Device; (ii) transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet; (iii) loss, damage, inaccuracy and/or incompleteness of any Content; (iv)
Pursuant to the conditions as set out in these General Terms and Conditions, the User acquires a limited, personal, revocable, non-exclusive, non-sub licensable and non-transferable right to use the Service. The User intellectual property rights in relation to the Service are held by the Centre and/or its licensors.
If you choose to use the Service to access websites, services or content provided by third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies. We have no responsibility for their policies, or third parties’ compliance with them.
9.1 Each and every use of the Service is for your own risk. The User is personally responsible for all the use that he/she makes of the Service.
9.2 Our liability, whether based upon (attributable) default, unlawful act or any other ground, shall not exceed the amount of EUR 500.
9.3 We are in no way liable for damage or in any other way to the User for any damage arising or resulting from the (temporary), intermittent, or (permanent) unavailability or inaccessibility of the Service.
9.4 You will indemnify (fully compensate) us against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred as a result of any claim resulting from your breach of these General Terms and Conditions.
9.5 There will be no breach of these General Terms and Condition by us in the event we cannot perform any obligations as set out in these General Terms and Conditions if prevented therefrom by force majeure. Force majeure is taken to mean inter alia: illness of employees and/or absence of key employees, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of our suppliers, shortcomings by third parties which were engaged by us, disruption of the internet connection, DDoS attacks, non-applicability of third party services, hardware failures and failures in (telecommunication) networks and any other unforeseeable conditions.
10.1 You are entitled to terminate the use of the Service at any time.
10.2 We may suspend the Service or terminate this agreement immediately if you breach your obligations under these General Terms and Conditions, we are told to do so by the government or other regulator or emergency services or if we are no longer able to provide you with the Service.
10.3 Upon termination, for whatever reason, you shall not be able to access and use the Service anymore. We will not be obliged to provide any content or other information to you or convert or export such information.
In the event of complaints or notices, the User must contact the Centre by sending an email to Privacy.Batavia@viaoutlets.com. We endeavour to respond to a complaint or notice as soon as reasonably possible.
These General Terms and Conditions and the use of the Service are governed by Dutch law. Any disputes arisen as a result of these General Terms and Conditions shall be resolved by the civil court in Amsterdam, unless mandatory law determines that the dispute must be brought before another court.
Unless otherwise stated by us, we will publish any changes to these General Terms and Conditions online on https://www.bataviastad.nl.
Only the Dutch and English versions of these General Conditions are legally valid.