wifi terms and conditions

Terms and Conditions

Welcome to the Manly Wharf WiFi Network (Network) brought to you as a free service by MI Ventures Pty Ltd (ACN 614 599 898) (the ‘Provider’).

Your access to and use of this Network is conditional upon your acceptance of these terms and conditions, which the Provider reserves the right to amend at any time. As you will be bound by these amendments, you should review these terms and conditions from time to time.

For the purposes of these terms any reference to ‘you’ or ‘your’ includes but is not limited to the owner and authorised user of the computer or mobile device used to access this Network. You are responsible for providing your own computer or mobile device (wireless enabled device) that is capable of accessing a Network with its own power source. The Provider does not provide power, information technology advice or assistance to any user of the Network. You must not use the Network under any circumstances if you do not have express permission of the lawful owner of the wireless-enabled device.

Usage of this Network is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network, referred to hereafter collectively as the terms and conditions (Terms).

1. Equipment
   • The Network will be provided to the mobile device that you have used for sign-up (Mobile Device).
   • The Network will be provided to your Mobile Device while you are located in or around the Premises.
2. Eligibility and Security

To use this Network, you must be at least 18 years of age.
Only individuals who have completed the sign-up process may use the Network. This means that you must not permit any other person to use the Mobile Device whilst connected to the Service.

Without limiting the above, you must take reasonable steps to:

1. secure any Service account information, usernames, passwords or access codes; and
2. ensure that no third party has access to such information,

and must not disclose such information to any other person.

3. Speed and reliability of the hotspot

This Network provides you with free broadband internet access. However, the speed and through-put of the Network will vary depending on a number of factors, including but not limited to:

1. the capabilities of your wireless enabled device
2. the physical location of the wireless access points in the precinct
3. Network user traffic during time of access
4. general internet congestion
5. wireless signal interference; and
6. the location of your wireless enabled device within the precinct while accessing the Network.

The Provider will use reasonable endeavours to provide you with a reliable, stable and secure access to the Network but does not promise that the access to the Network will be continuous, fault-free, secure or accessible at all times. The Provider advises that Network access is not suitable for supporting any application or use which requires continuous, fault-free Network connectivity or uninterrupted data traffic flow. Without limiting any other provision of these Terms, the Provider will not be liable if the Network access becomes unstable, un-secured, slow or unavailable for any reason whatsoever.

The Provider will use reasonable endeavours to monitor and attend to any Network faults, malfunctions or other problems associated with Network access but will not be liable if such faults, malfunctions or problems occur with the Network and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Network within any specified timeframe.

4. Logging in/out of the Network

To be eligible to use this Network, you simply need to access this Network with your wireless-enabled device, and click to accept these terms on the splash page. There is no requirement to log out of (quit) the Network. You simply need to close your Internet browser.

• If you access or log-in to the Network through a third party social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the third party social media service to share with us, such as your profile picture, email address, followers or friends lists, and any information you have disclosed in connection with that social media service. When you access the Network through third party social media services, you are authorising the Providers to collect, store, use and disclose such information and content in accordance with these terms and the relevant Privacy Policy. If you do not want your personal information collected, stored, used or disclosed in this way, please do not access or log-in to Network through a third party social media service. We do not collect your passwords from these third party social media services.

You will automatically be logged-out of the Network if:

1. your access to the Network is terminated by the Provider in accordance with these Terms
2. the wireless connection of the Network you are accessing is lost, disconnected or becomes out of range
3. no activity is detected from your wireless-enabled device for a continuous period of 10 minutes while you are logged on to the Network
4. if you exceed what is considered reasonable usage for each Internet session while using this hotspot (if applicable).

If you are in the process of downloading a file and you lose connection or are automatically logged-out of the Network, your partially downloaded file will not be saved and/or be recoverable. The Provider recommends that you save your work regularly while using the Network and/or take the necessary precautions to prevent such occurrences.

If you are automatically logged out of the hotspot, you will need to log in again to gain access to the hotspot. The Provider cannot guarantee that you will be able to immediately log back in to the hotspot in the event that you are automatically logged out.

5. Direct Marketing
   • The Provider may send you information about products and services which might interest you or otherwise assist advertisers to direct advertising to you.
   • If you have consented to receive direct marketing from the Provider via particular mechanisms (eg email or mobile messaging), the Provider may use that mechanism to send you marketing material relating their respective products and services, or the products and services of its third party advertising partners.

If you change your mind and no longer wish to receive such materials, you may unsubscribe at any time by contacting the Provider on (02) 8251 9600 or by using the unsubscribe facility included in the relevant communications.

All commercial messages will contain an unsubscribe facility.

6. Third party promotions

Through messages you may be presented with promotions, advertisements and offers provided by third parties (third party promotions). All third party promotions are paid for by the advertiser (advertiser) and are not endorsed or recommended by the Provider or its related corporations, directors, officers, employees or agents. Any dealings with any advertiser as a result of third party promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that the Provider shall not be responsible or liable for any aspect of any such dealings or promotions.

7. Linked sites

The Provider may provide links to third parties’ websites (linked sites). Unless otherwise noted on the linked site, linked sites are not reviewed, controlled or examined by the Provider in any way. The Provider is not responsible for the content, advertising code of conduct, availability, advertising, products or other materials of any such linked sites, or any additional links contained therein. Except as otherwise noted on the linked site, these links do not imply the Provider’s endorsement of or association with the linked sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the linked sites. In no event shall the Provider be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the linked sites, the linked sites themselves, or the information or material accessed through these linked sites. You should direct any concerns to that site’s administrator or webmaster. The Provider reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the Network and/or introduce different features or links to different linked sites.

8. User obligations and limitations

The Network must be used in accordance with the law in an ethical and professional manner.

Users must not use the Network for any purpose which:

1. would cause the Provider to be in breach of any law, code, or regulation
2. depicts or promotes offensive or illegal behaviour
3. is offensive or promotes racism, bigotry, hatred or physical harm
4. would harass or threaten any other person
5. exploits people in a sexual or violent manner
6. contains nudity, violent or offensive subject matter
7. promotes an illegal or unauthorized copy of copyright
8. promotes criminal activity or enterprise
9. could cause the Provider to be in breach of any law, code, or instrument which governs its conduct or to incur a liability to any third party or entity
10. violates privacy or confidentiality or any person
11. contains, provides or creates computer viruses or deliberately corrupts systems, facilities or data; or
12. involves the sending of junk mail or unauthorised spam.

You must not use the Network:

1. for any illegal, improper or malicious purpose
2. to transmit a computer virus knowingly
3. to access other computers or data on the internet without permission
4. to publish or distribute material that is obscene, defamatory, abusive or that violates any law or regulation
5. to conduct an illegal business
6. to alter or modify the radio transmission equipment installed by the Provider without written consent of an authorised representative of the Provider.

The Provider may immediately terminate and block your access to the Network if you access the Network in contravention of these Terms.

9. Privacy policy
   • You acknowledge and agree that the Provider and its related parties and affiliates may also collect, hold, use and disclose your personal information in accordance with its collection notice and privacy policy. You can access a copy of these documents by clicking the link on the Network sign up page.
10. Device Data
11. The Provider, through its Insights software and hardware, may collect information from your use of your Mobile Device whilst connected to the Service, including information about your Mobile Device (such as its MAC address) as well as information about your browsing and Device usage activity such as information that relates to websites, applications or any other services that are viewed, used or accessed via that Mobile Device (Device Data).
12. The Provider will collect Device Data by connecting into the network and accessing data travelling across it.
13. The Provider may analyse, aggregate and/or disclose Device Data to us or to other third parties (including, for example, businesses that operate in the Premises or advertisers).
14. More detailed information about the handling of Device Data is set out in the Provider’s collection notice and privacy policy. The Provider may collect, hold, use and disclose your personal information in accordance with these documents.  Please see clause 9 for details.
15. By signing your Mobile Device up to the Service, you consent to Device Data being collected, used and disclosed in this manner including, without limitation, by consenting to:
16. the collection, use and disclosure of any personal information contained in the Device Data in accordance with these Terms;
17. the use or disclosure of information or documents (including information or documents relating to your personal particulars or the contents or substance of any communications) to the extent contained in the Device Data in the circumstances described in these Terms;

• the interception of any communications (to the extent contained in the Device Data) passing over the Service; and

1. possible interference with mobile devices, to the extent that this is involved in monitoring the output of the Mobile Device through the Provider connection to the Service to collect Device Data.
2. Location Information
3. The Device Data collected by the Provider may include information regarding the movement of your Mobile Device around the Premises (Location Information).
4. This Location Information may be used and disclosed by the Provider in the manner set out in paragraph 10.
5. By signing your Mobile Device up to the Service, you consent to your Location Information being collected, used and disclosed in this manner and to the Provider’s use of technology to connect to the Service to determine the geographical location of the Mobile Device.
6. User Warranties
   • You represent and agree that the following statements are correct:

(a)               you are the owner of the Mobile Device or are the individual who has contracted to have possession of, and use of, that Mobile Device under a contract with your telecommunications provider;

(b)               if you have submitted your name, as part of sign-up, the name you have submitted is your own legal name; and

(c)                if you have submitted your email address or other contact details as part of sign-up, you have submitted your own email address or contact details.

13. Disclaimer of warranties

The Internet is an inherently insecure communication medium. While the Provider will use reasonable endeavours to provide secure access through this Network it cannot guarantee the security of the Network at all times. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Network and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.

Without limiting any other provisions of these Terms, the Provider shall not, in any way, be liable to you for any kind of loss or damage incurred as a result of your use of the Network including but not limited to any viruses you may become subject to during your use of the Network.

The Provider strongly recommends you install a personal firewall on your wireless-enabled device to block unwanted traffic or downloads to your device.

Your access to and use of this Network is at your own risk.

Without limiting the above, the Provider makes no warranties or representations as to the accessibility, security, stability or reliability of this Network and the Provider specifically disclaims any liability or responsibility for any Network faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Network.

To the maximum extent permitted by law, all warranties, conditions and representations about the Network, the availability of the Network for access and use, the products and services advertised, offered to be supplied or supplied via the Network and the information provided on the Network are excluded. In particular, to that extent, the Provider excludes:

• any warranty that access to the Network will be uninterrupted or error-free
• that defects will be corrected
• that the Network or the server that makes it available are free of viruses or other harmful components that the use or results of the use of the Network
  or
• that the materials made available as part of the Network will be correct, accurate, timely or otherwise reliable.

If a term is implied by law into these Terms and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms. However, the Provider liability for breach of such term will be limited, at its option, to one or more of the following:

1. in relation to goods:
   1. the replacement of the goods or the supply of equivalent goods
   2. the repair of such goods;

• the payment of the cost of replacing the goods or acquiring equivalent goods

1. payment of the cost of having the goods repaired

1. in relation to services:
   1. the supply of services again; or
   2. the payment of the cost of having the services supplied again.
2. Limitation of liability

To the maximum extent permitted by law the Provider, its related corporations (as defined in the Corporations Act), directors, officers, employees and agents shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, losses or costs (including legal costs), including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Provider has been advised of the possibility of such damages), resulting from:

• the use or the inability to use the Network
• the use of, or reliance on any information published on the Network
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Network
• unauthorised access to or alteration of your transmissions or data
• statements or conduct of any third party on the Network; or
• any other matter relating to the Network.

The Provider shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the Network or to any person who has supplied false or misleading personal information.

15. Indemnification

You indemnify the Provider, its related corporations, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to your use of the Network or information or content published therein; your participation in the Network’s member program or that of someone using your username and password; or your inability to use the Network.

16. Unsubscribe

You may unsubscribe from receiving emails or notifications from the Provider at any time by clicking the unsubscribe button present at the bottom of all email correspondence sent to you.

17. General

These Terms are governed by the laws in force in New South Wales, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

If any provision in these Terms and conditions is void or unenforceable, that provision shall be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, shall be deemed to be severed from these Terms.