Wi-Fi Terms and Conditions
This agreement sets out the terms and conditions on which wireless internet access (“the Service”) is provided to you, as a guest of McLean Delmo Bentleys Pty Ltd (“us”) on your agreement to these terms and conditions.
For the purposes of these Terms and Conditions;
Any reference to "you" or "your" includes but is not limited to the owner and authorised user of the computer, mobile or other wireless enabled device.
Any reference to "the service" includes but is not limited to the wireless internet access.
Any reference to “us” includes McLean Delmo Bentleys Pty Ltd the owner of the service.
To access the service you will need to be provided with a username and password and agree to accept these Terms and Conditions without limitation.
McLean Delmo Bentleys may revise and update these terms and Conditions at any time and so you should refer to our website for the latest version each time you use the service.
1. Extent of the Service
1.1 Provision of a device capable of utilising the service under its own power source is your responsibility. McLean Delmo Bentleys is not responsible for and do not provide any information technology advice or assistance in using this service.
1.2 We do not recommend in particular the use of any website or service and access to the internet via the service is carried out entirely at your own risk.
1.3 We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.
1.4 We have no responsibility for, or control over, the information you transmit or receive via the Service.
1.5 Save for the purposes of network diagnostics we do not examine the use to which you put the Service or the nature of the information you send or receive.
1.6 We do not provide guarantee of the availability, speed or compatibility of the service
1.7 We do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.
1.8 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.
2. User Obligations and Limitations
2.1 Access to use the service is provided free of charge when the service permits. Access is provided at the discretion of McLean Delmo Bentleys Pty Ltd and does not guarantee the period of access or available limits on its use.
2.2 Access is only provided at McLean Delmo Premises located at 302 Burwood Road, Hawthorn 3122. Victoria.
2.3 Any interruption in transmission due to failure, revocation of access or other termination of the service may lead to loss of data. McLean Delmo Bentleys Pty Ltd is not liable for loss of your files or data and recommends that you save your work regularly whilst using the service and/or take the necessary precautions to prevent such occurrences.
2.4 Your access to and use of this Hotspot is entirely at your own risk
2.5 You must not use the Service to access Internet Services, or send or receive e-mails, which:
- are defamatory, threatening, intimidatory or which could be classed as harassment;
- contain obscene, profane or abusive language or material;
- contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
- contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
- contain material which infringe third party’s rights (including intellectual property rights);
- in our reasonable opinion may adversely affect the manner in which we carry out our business; or
- are otherwise unlawful or inappropriate;
2.6 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.
2.7 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.3 above.
2.8 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
2.9 The service is intended to be used in a fair and "community-minded" manner and is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.
2.10The service is intended to be used in a fair and "community-minded" manner and is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.
2.11The Service must not be used to engage in any activity which constitutes or is capable of constituting a criminal offence in Australia or in any state throughout the world.
2.12You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
2.13You agree and acknowledge that we may keep a log of the Internet Protocol (“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
2.14You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
3. Other Terms
3.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions.
3.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
By entering the credentials provided to use the service you confirm that you accept these terms and conditions as the basis for the use of the wireless internet access provided.