Welcome to the Lendlease wireless internet access hotspot (the Hotspot), provided to you by Lendlease Property Management (Australia) Pty Limited ABN 61 002 894 153 in conjunction with Skyfii Group Pty Ltd ACN 165 152 241 (We or Us). The Hotspot is a free, public service which may be made available from time to time for limited, personal use in some parts of Sunshine Plaza (“Centre”). This document sets out the terms and conditions (Terms) on which you (You) may access and use the Hotspot.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE HOTSPOT.
If You do not agree to these Terms, you must not access or use this Hotspot
These Terms are effective from 30th October 2013.
Your obligations and limitations
You must not use the Hotspot for an inappropriate purpose, including:
to transmit, access or download defamatory, offensive, obscene or pornographic material;
to reveal or publish proprietary, classified or confidential information;
in connection with the breach or attempted breach of any law;
in connection with any infringement of a third party’s intellectual property rights;
to attempt to penetrate the computer or network security of any company or any other information technology, data or telecommunications system, equipment or network;
to introduce any computer virus, Trojan horse, worm or other code which is intended to or would have the effect of intercepting, accessing, copying, disrupting, impairing, denying or otherwise adversely affecting security, performance, integrity, reliability, access to or use of any information technology, data or telecommunications system, equipment or network; or
to obtain any unauthorised access (or attempted access) to any other person’s computer, email account or equipment.
You acknowledge and agree that there are inherent security risks associated with using a wireless internet service, and that use of the Hotspot is solely at Your own risk. We recommend that You take any necessary measures to protect the security of Your devices and data, including using secure transmission techniques (such as encryption, backups and personal firewalls).
Neither We nor the owner(s) of the Centre (“Owner”) guarantee or make any representation that:
the device You use to access the Hotspot; or
any transmissions You make or receive using the Hotspot, will be safe, secure and protected against any loss, damage, intrusion, interception, viruses, hacking or other risks.
Availability, liability and monitoring
The Hotspot is not intended to be a high performance internet service, and You should make alternative arrangements if that is what You require. You acknowledge that neither We nor the Owner:
are under any obligation to provide the Hotspot;
are liable for and are not obliged to remedy any faults, malfunctions, issues or problems with the Hotspot;
guarantee that the Hotspot will be continuous, stable, fault-free, timely, reliable, operational or suitable for supporting Your intended use; and
are liable for any loss or damage caused or contributed to, either directly or indirectly, from Your use of the Hotspot. You are responsible for all of Your activity in connection with the Hotspot.
The Hotspot is not supplied for the purpose of, and is not suited to, large downloads. We have therefore imposed download limits. If You exceed those limits, then You may not be able to access the Hotspot. If You require greater capacity and bandwidth, You should consider accessing an alternative service which can meet Your needs, possibly for a fee.
We may access, read, preserve and disclose any information (including by monitoring, intercepting and logging transmissions across the Hotspot, location tracking, video footage and matching of device identifiers such as IP addresses) for purposes including:
to understand Your interests and behaviour so that We can provide You with more effective communications and services;
to remember You and personalise and customise Your use of the Hotspot;
packet inspection and performance;
to satisfy any law or regulation;
to enforce these Terms, including investigation of potential violations of these Terms; or
to detect, prevent or otherwise address fraud, security or technical issues.
We reserve the right to apply traffic shaping as We, in our sole discretion, consider necessary to provide the Hotspot in a fair and stable manner to Our customers. Since electronic services are subject to interruption, breakdown and failure, access to the Hotspot is offered on an 'as is' and 'as available' basis only. Technical support services are not provided.
Revocation of access
We may, in Our absolute discretion, revoke, block or limit Your access to:
the Hotspot; or
any website, content or protocols that you may seek to access using the Hotspot, at any time for any reason and without notice, including (without limitation) if you are using the Hotspot in breach of these Terms.
Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). Your Consumer Rights include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
Where You suffer any loss in connection with this Hotspot and You must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to minimise Your loss.
Subject to Your Consumer Rights, neither We nor the Owner are liable:
for any loss that was not reasonably foreseeable to You and Us at the time You first use the Hotspot;
for any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity; and
to the extent that Your loss was contributed to by Your negligence or breach or any other matter outside Our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware).
If any provision of these Terms is invalid under the law of any jurisdiction, that provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
These Terms are governed by the laws of NSW, Australia. The courts of NSW, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.
If We fail to enforce any of Our rights under these Terms, that does not mean We waive those rights. If You fail to enforce any of Your rights under these Terms, that does not mean You waive those rights.
These Terms are personal to You and You may not assign or otherwise transfer any rights under these Terms without Our prior written consent. We may assign or otherwise transfer Our rights and obligations under these Terms as We require.