APN OUTDOOR WIFI SERVICE - TERMS AND CONDITIONS OF USE
These terms and conditions govern your (You, Your) use of the WiFi service (WiFi) provided on this bus by APN Outdoor (Trading) Pty Ltd (ABN 49 059 604 278) and its related entities (Us, We).
We may from time to time include location and context based advertising to You during your use of the WiFi and provide download code and content to your device to which you consent.
PRIVACY AND LOCATION TRACKING - NOTE THAT UPON CONNECTION TO THE WIFI SERVICE, WE COLLECT LOCATION DATA (TRACKING) ABOUT YOU AND OTHER DATA ABOUT YOU AND YOUR DEVICE (PHONE OR TABLET ETC). DO NOT USE THE WIFI SERVICE IF YOU DO NOT AGREE TO US COLLECTING LOCATION DATA (TRACKING) AND OTHER DATA ABOUT YOU.
DISCLAIMERS - By accessing, logging on and using the WiFi, You acknowledge, represent and agree that:
(a) Your use of the WiFi is provided on an “as is”, “as available” basis, and to the extent permitted by law, without any warranties or representations of any kind (whether express or implied), and is at Your own risk and sole discretion and You accept all associated risks by connecting to this WiFi; (b) WiFi may not be secure, available at all or uninterrupted or error-free, or of any speed or quality, and that viruses, worms, hacking, trojan horses or other malicious or harmful applications may be available through this WiFi, and We are not responsible or liable for any damage caused to You as a consequence; (c) the WiFi should be used for occasional access to the internet only, and You should not rely on this as Your only means of access to the internet; (d) You will be entirely responsible to ensure your electronic device is backed up and that We are not liable for loss of any of your data or information, lost profits or interruption; (e) nothing in these terms and conditions shall be construed as Us granting a licence or transfer of any intellectual property rights; and (f) We will not provide any help or support in respect of Your use of the WiFi.
UNAUTHORIZED CONDUCT You warrant that You must not and will not use the WiFi in any unauthorized manner to upload or download in any format any objectionable content, where ‘objectionable content’ means, and is not limited to: (a) any intellectual property or material that you are not lawfully entitled to via law, contractual or fiduciary relationship; (b) any abusive, obscene, deceptive, pornographic, adult-oriented, sexually explicit, sex education, abortion, racially offensive, ethnically inappropriate, cult, occult, derogatory, defamatory, slanderous, spam, junk mail, spyware, adware, bot nets, hacking, key loggers and monitoring, phishing and other frauds, illegal, criminal, weapons, unlawful, vulgar, violent, gambling, abusive drugs, peer to peer, open http proxies, games, personals and
dating, intimate apparel, proxies, harmful, malicious, misleading, harassing, or threatening, and inappropriate content in any format.
ACCESS - This WiFi service provided by Us is intended for Your limited, personal, non-commercial, non-exclusive use in various authorised locations (including busses) within Australia, and You must not use it for any other purpose. Each use of the WiFi service using your login and password is Your responsibility, regardless of who actually logged in. We may restrict and block your access to certain sites We consider to be illegal, malicious or inappropriate. We may discontinue, suspend or terminate Your access to this WiFi at our discretion at any time. Such termination will not end those provisions capable of surviving termination. We may take any reasonable action in respect of any aspect of Your use of the WiFi service, including referring Your use of the WiFi service to relevant authorities.
SECURITY - WE MAKE NO REPRESENTATION OR WARRANTY THAT YOUR USE OF THE WIFI SERVICE WILL BE SECURE. THIRD PARTIES MAY ACCESS AND CONTROL YOUR DEVICE THROUGH THE WIFI SERVICE.
LIMITATION OF LIABILITY AND INDEMNITY - (A) WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGE SUFFERED BY YOU AS A RESULT OF A SITE YOU VISIT OR A TRANSACTION YOU ENTER INTO THROUGH YOUR USE OF THE WIFI SERVICE. TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, VENDORS, AND VOLUNTEERS DISCLAIM ANY LIABILITY WHATSOEVER, HOWSOEVER ARISING, FOR COSTS, COMPENSATION, LOSSES OR DAMAGES (INCLUDING FOR NEGLIGENCE) SUFFERED OR INCURRED BY YOU ARISING EITHER DIRECTLY OR INDIRECTLY OR OF AN INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFIT, LOSS OF OPPORTUNITY), INDIRECT OR SPECIAL NATURE ARISING FROM, UNDER OR IN CONNECTION WITH YOUR USE OF THE WIFI SERVICE, REGARDLESS OF THE CAUSE OF ACTION AND WHETHER OR NOT SUCH LOSS, DAMAGES COSTS OR COMPENSATION AND CAUSE OF ACTION WAS FORESEEABLE AT THE TIME OF ENTERING THIS CONTRACT.
YOU HEREBY INDEMNIFY AND HOLD US AND OUR OFFICERS, CONTRACTORS, AGENTS, AFFILIATES AND EMPLOYEES (THOSE INDEMNIFIED) HARMLESS AND MUST KEEP THOSE INDEMNIFIED AND HELD HARMLESS AGAINST ANY AND ALL LOSS, DAMAGE, CLAIMS, LIABILITIES, SETTLEMENTS, COSTS AND PROCEEDINGS THAT THOSE INDEMNIFIED MAY INCUR OR SUFFER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WIFI OR OUT OF OR IN CONNECTION WITH A BREACH OF THESE TERMS AND CONDITIONS BY YOU.
LAW AND JURISDICTION - These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, and You and Us submit to the non-exclusive jurisdiction of the courts of that State. If for any reason a court of competent jurisdiction finds any term or condition of these terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect. These terms and conditions constitute the entire agreement between the parties and supersedes and replaces all prior understandings, representations or agreements, written or oral, regarding the WiFi service. We may vary these terms and conditions at any time and it is Your responsibility to review the Terms for any changes each time You use WiFi and we advise You to save a copy for Your information.
By accessing the WiFi, You warrant and agree that you have read, understood and agreed to be bound by these terms and conditions, and agree that the terms are a binding agreement between You and Us.