ISPT Wi-Fi Service – Terms and Conditions of Use
The following terms and conditions of use, together with the policies, notices and disclaimers referred to below (Wi-Fi Terms), govern your use of wireless internet access hotspots provided at selected ISPT properties (ISPT Wi-Fi Service) by ISPT Pty Ltd ABN 28 064 041 283 (ISPT).
By using the ISPT Wi-Fi Service, you accept the following Wi-Fi Terms. We reserve the right to revise these Wi-Fi Terms at any time. Your continued use of the ISPT Wi-Fi Service constitutes your binding acceptance of such revisions, amendments and modifications.
IF YOU DO NOT AGREE TO THESE WI-FI TERMS, YOU MUST NOT ACCESS OR USE THE ISPT WI-FI SERVICE.
If you are not 18 years old or older, you must only accept these Wi-Fi Terms with a parent’s or guardian’s approval.
Logging onto and off the ISPT Wi-Fi Service
1. You agree to these terms either by clicking “Get Online” on the ISPT Wi-Fi Service’s initial landing page or by otherwise accessing or using the ISPT Wi-Fi Service.
2. You can log out of the ISPT Wi-Fi Service by closing the internet browser. You will also automatically be logged off the ISPT Wi-Fi Service if:
(a) we terminate your access in accordance with these Wi-Fi Terms;
(b) we are undertaking upgrades to the network or related systems; or
(c) the ISPT Wi-Fi Service connection is lost, disconnected, or becomes out of range.
Speed and Reliability
3. The ISPT Wi-Fi Service is not supplied for the purpose of, and is not suitable for supporting, any application or use which needs continuous, fault free network connectivity and must not be used for business purposes.
4. Without limiting any other provision of these Wi-Fi Terms, ISPT is not liable if the ISPT Wi-Fi Service access becomes unstable, unsecured, slow or unavailable for any reason whatsoever.
Security
5. The ISPT Wi-Fi Service provides unencrypted wireless access to the Internet.
6. We cannot guarantee that your data will not become lost, damaged, or intercepted in transit using the ISPT Wi-Fi Service. We do not take responsibility if you lose an email or a download or any other kind of transmission, or if someone gains access to your passwords, or for any other like circumstances.
7. The security of your equipment and data is not our responsibility. You are responsible for safeguarding against the risks of hacking, viruses, eavesdropping, and all other such hazards.
8. We are not liable for any kind of loss or damage whatsoever, and take no responsibility for any data which traverses the ISPT Wi-Fi Service network.
User Obligations and Limitations
9. You are solely responsible for your use of the ISPT Wi-Fi Service and for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.
10. Your use of the ISPT Wi-Fi Service (including sending, receiving, downloading or printing any material using the ISPT Wi-Fi Service) must not:
(a) introduce any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(b) create any liability (civil or criminal) for ISPT or any Third Party Provider, cause ISPT to lose (in whole or in part) the services of our suppliers;
(c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(d) be defamatory, trade libellous, unlawfully threatening or harassing, or advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence;
(e) be obscene or contain child pornography;
(f) infringe any third party’s intellectual property rights, including copyright, patent, trademark, trade secret or other proprietary rights;
(g) impose an unreasonable or disproportionately large load on any systems or infrastructure;
(h) involve any attempt to access any data or system, service or communication which you are not authorized to access; or
(i) must not in any way rebroadcast or retransmit the Wi-Fi network using your own devices or other equipment.
11. ISPT routinely monitors and logs communications over its networks for security, performance, and other purposes, and ISPT may access, monitor, audit, intercept and disclose any such communications, data or information in connection with your use of the ISPT Wi-Fi Service.
12. ISPT may make certain Internet services unavailable, and may, in its absolute discretion, revoke your access to the ISPT Wi-Fi Service, at any time and for any reason with or without notice to you. In particular, ISPT reserves the right to:
(a) bar access to the ISPT Wi-Fi Service to anyone who is deemed to be in breach of the Wi-Fi Terms, or is behaving in an unsociable manner, or for any other reason;
(b) block access to any network protocols that are deemed inappropriate by ISPT or may contravene these Wi-Fi Terms, including but not limited to those used by file sharing applications; and
(c) apply any such traffic shaping as is deemed necessary to provide access to ISPT Wi-Fi Service in a fair and stable manner to all ISPT customers.
Limitation of Liability
13. Nothing in these Wi-Fi Terms is taken to exclude, restrict or modify any of the statutory guarantees, conditions or warranties for the supply of certain goods and services contained in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“Statutory Terms”).
14. However, to the extent permitted by law, we limit our liability for any breach of a Statutory Term to the cost of re-supplying the Wi-Fi service.
15. We are not liable for any direct, incidental, consequential, indirect or punitive damages arising from your access to or use of the ISPT Wi-Fi Service.
Indemnification
16. You indemnify ISPT and our employees, officers, agents and contractors from and against any loss or damage of any kind caused or contributed to by your use of the ISPT Wi-Fi Service.
ISPT may collect personal information from you, including the type of device you are using to access the ISPT Wi-Fi Service, the time you are accessing the ISPT Wi-Fi Service, the amount of data you download, and your Media Access Control (MAC) or Internet Protocol (IP) address.
Information Collected
17. ISPT may collect personal information from you, including the type of device you are using to access the ISPT Wi-Fi Service, the time you are accessing the ISPT Wi-Fi Service, the amount of data you download, and your Media Access Control (MAC) or Internet Protocol (IP) address. Please refer to the ISPT Wi-Fi Privacy Policy for more information.
Definitions
18. In the above Wi-Fi Terms:
(a) “we”, “us” and “our” means ISPT Pty Ltd Ltd ABN 28 064 041 283;
(b) “you” and “your” means the user of the device that connects to the ISPT Wi-Fi Service; and
(c) “Third Party Provider” means any supplier of ours that is involved in the provision of the ISPT Wi-Fi Service.
To view our Wi-Fi privacy policy click here.