Terms

TOWN OF VICTORIA PARK’S TERMS OF USE FOR FREE PUBLIC Wi-Fi SERVICE ALONG ALBANY HIGHWAY

Welcome to the Town of Victoria Park’s public Wi-Fi service which is provided free of charge along the stretch of Albany Highway from the Causeway to the Welshpool Road corner.
IMPORTANT Please read these Terms carefully before using your Device to access the Service. The Town of Victoria Park may revise the Terms at any time.

TERMS OF THIS LICENCE

1. DEFINITIONS
“Device” means any computer, tablet, mobile or other wireless enabled computing or other electronic device used to access the Service;
“IP” means internet protocol;
“Service” means the wireless local access network service provided by us free of charge;
“Licence” means the licence to use the Service granted pursuant to this document;
“Terms” means the terms and conditions of this Licence;
“us”, “we” or “our” means the Town of Victoria Park, 99 Shepperton Road, Victoria Park WA 6100 in the State of Western Australia; and
“you” or “your” means the person using the Service.
2. LICENCE GRANTED TO YOU
Subject to your agreeing to be bound to the Terms, we hereby grant you a non-exclusive, non-transferable licence to use the Service in accordance with the Terms.

3. EXTENT OF THE SERVICE
(a) Your use of the Service is carried out entirely at your own risk.
(b) We do not guarantee the availability, reliability, speed, security of the Service or its compatibility with your Device or any software that you use.
(c) We take no responsibility for the suitability or appropriateness of any material you access via the Service and do not guarantee that the Service is error or virus free.
(d) The Service is intended to be used in a fair and “community minded” manner by the general public. We may therefore, in our absolute discretion, limit or block access to websites or their content if, in our opinion, they are of a nature that does not promote the good governance of the district including, but not limited to, websites or content that:
(i) exploits people in a sexual or violent manner;
(ii) contains nudity, violence, or other subject matter that is considered by us to be offensive or which may contain a link to websites that contain such matter;
(iii) promotes conduct that is abusive, threatening, obscene or defamatory;
(iv) promotes or publishes an illegal or unauthorised copy of another person’s copyrighted work;
(v) involves or facilitates the transmission of “junk mail”, or unsolicited mass mailing, instant messaging or “spamming”;
(vi) contains any viruses or could interfere with the integrity or performance of the Service or other networks or equipment or your Device;
(vii) is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is calculated to encourage or promote such behaviour;
(viii) harasses or advocates the harassment of another person and thereby infringe that person’s rights under the law; or
(ix) may cause us to be in breach or at risk of being in breach of any law, code or instrument which governs our conduct or cause us to incur a liability to any third party.

4. SECURITY OF THE SERVICE
(a) To the maximum extent permitted by law, the Service is provided “as is” and “as available” with all faults and without warranty of any kind.
(b) We will use our reasonable endeavours to:
(i) provide a reliable, stable and secure access to the Service but we do not promise or guarantee in any way that the your access to the Service will be continuous, fault-free, virus-free, secure or accessible at all times and we will not be liable for any loss or damage if access to the Service becomes unstable, unsecure, slow or unavailable for any reason whatsoever; and
(ii) monitor and attend to any faults, malfunctions or other problems associated with or arise as a result of delivering the Service but will not be liable for loss or damage arising from any such faults, malfunctions or problems occurring with the Service or for not rectifying them within any specified timeframe.
(c) We do not guarantee the security of the information which you may transmit or receive using the Service or located on any Device utilising the Service. You accept that it is your responsibility to protect your information and take steps to have adequate security on your Device to ensure the security, integrity and confidentiality of your information and data.
(d) You acknowledge that if you use the Service to transmit or receive any important or confidential information or data, you do so at your own risk.
(e) We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service and to change access costs, passwords or other security information necessary to access the Service.

5. YOUR USE OF THE SERVICE
(a) You are responsible for providing your own Device and ensuring that it is capable of accessing the Service using its own power source.
(b) You acknowledge and agree that the Service is intended for consumer use only and is not intended for commercial or business purposes.
(c) In using the Service, you agree to obey the law, keep secret any password we allocate you (if any) and promptly notify us if you learn of a security breach to the Service.
(d) You must not use the Service to access any material or send or receive emails which contain content of the types listed in clause 3(d) of this Licence or otherwise is, in our opinion, inappropriate.
(e) You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence.

6. PRIVACY POLICY
(a) You acknowledge and agree that:
(i) we may keep a log of the IP addresses of any Devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address and that this information is used to identify your Device only; and
(ii) we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
(b) When you use the internet through the Service, all your internet traffic and email passes through our servers. We do not and will not monitor, read or examine that traffic at any time in such a way as to see any personal data unless at any time we are required to do so by law.
(c) We reserve the right to collect, collate and use any data or user information which results from use of the Service for internal use by us and subject to the Privacy Act 1988 (Cth) and the Privacy Amendment Act 2012 (Cth).

7. THIRD PARTY MATERIAL
The Service may contain trade mark, copyright or other intellectual property belonging to third parties. Ownership of such intellectual property rests with the relevant third party and use of the Service will not be construed as granting any licence or permission or right to use any trade mark, copyright or other intellectual property belonging to a third party without the express approval of that third party.

8. INDEMNITY
(a) You release and discharge us from any and all liability for loss and damage ( including any costs or expenses ) which might arise to your detriment from the use of the Service including liability for any defamatory or offensive material or any breach of copyright which may occur as a result of your use.
(b) You indemnify us and keep us indemnified and hold us harmless from and against any claims for loss and damage (including any costs or expenses) arising from or consequent upon your use of the Service or any breach of the Terms of this Licence by you.

9. OUR RIGHT OF TERMINATION
We reserve the right to terminate this Licence or temporarily suspend the Service at any time for any reason whatsoever including if we reasonably suspect that you are in breach of the Terms.

10. JURISDICTION
This Licence is governed by the laws of Western Australia and is subject to the jurisdiction of the courts of Western Australia.