Conditions of Use - Public WiFi

ADELAIDE FESTIVAL CENTRE PUBLIC WI-FI TERMS AND CONDITIONS (“TERMS OF SERVICE”)

This is a complimentary wireless internet service (the “Service”) provided by Adelaide Festival Centre Trust (“AFCT”) for public users to use while on Adelaide Festival Centre premises or surrounding environment.

By accessing the Service you accept the terms and conditions below.

1. Your use of the Service

You acknowledge and agree that:

1.1. Bring your own device: you are responsible for providing your own wireless enabled device capable of accessing the Service with its own power source. AFCT is not obliged to provide power, advice or assistance for the Service;

1.2. Log in and check Terms: you are required to log-in individually as a separate user of the Service. Each time you log in as a Service user you must agree to accept these terms by clicking the “I agree” button. AFCT may change these Terms at any time. You should therefore review the Terms each time you log in.

1.3. Withdrawal of service: the Service may be withdrawn, changed or your access blocked at any time without notice. Sessions may be terminated without notice at the discretion of AFCT.

1.4. Time and Download limits: session time and download limits may be applied to your use of the Service. These limits may be determined by AFCT in its absolute discretion without notice to you;

1.5. Private Purposes: the Service may not be used for commercial or business purposes. The Service may only be used for temporary internet access for leisure and entertainment. You may not sell or re-sell the Service;

1.6. Report Faults: as consideration to AFCT you agree to report faults in the Service, which may not be uninterrupted or error free and is not suitable for supporting any application which requires connectivity that is at a guaranteed speed, uninterrupted, fault-free or secure. AFCT has no obligation to resolve faults in the Service. You are responsible for the security, privacy and backing up of your information transmitted using the Service;

1.7. Copyright permission: you must not intentionally copy any copyright-protected materials. You are responsible for determining whether materials used via the Service are in copyright, to find the copyright owner and obtain their permission; and to pay any royalties and fees to owners of third party materials used via the Service;

1.8. Unacceptable use
Your use of the Service must not constitute an Unacceptable Use as defined in this clause.

Unacceptable Use includes, but is not limited to, a use of the Service, or attempt to use the Service:

  • in any way which interferes with the normal operation of the Service or damages any equipment, software or data used in providing the Service;
  • for illegal purposes or practices:
  • In any way which makes it unsafe or which may damage any property or injure or kill any person;
  • To transmit, publish or communicate any material or engage in any conduct which is defamatory, abusive, menacing or harassing;
  • To make inappropriate contact with children or minors or to expose any minor to material which is unsuitable for minors;
  • To access, store, reproduce or publish any content which is prohibited or unlawful under any Commonwealth or State law or classification system, including but not limited to content that:
    • contains pornography;
    • promotes racism , bigotry, hatred or physical harm to any group or individual;
    • displays gratuitous violence;
    • uses frequent, highlighted offensive language;
    • alludes to, promotes or depicts offensive or illegal behaviour.
  • To access, store, reproduce or publish any information or material that infringes any copyright, patent, trade mark, design or other intellectual property right;
  • To access, monitor, use or control computers, systems, networks or data belonging to another person or attempt to penetrate the security measures of another system. This includes activity that may be used as a precursor to an attempted system penetration such as probes, tests or scans to determine the vulnerability of any other person’s computer, system, network or data without their consent;
  • To distribute internet viruses , trojans, worms, or other destructive activities;
  • To make inappropriate use of email services such as spamming and transmitting junk mail;
  • To make fraudulent offers to sell or buy products, items or services or to advance any type of financial scam such as ‘pyramid schemes’, ‘Ponzi schemes’ and ‘chain letters’.

2. Security

2.1. AFCT cannot guarantee the security of the Service. The access and use of the Service is at your own risk. You acknowledge that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether through wired or wireless technology.

2.2. You are responsible for ensuring that usernames, passwords and security based information is kept private by using anti-virus software or firewalls.

2.3. AFCT is not responsible or liable for interception of transmissions, loss of data, file corruption, non-deliveries, computer worms or viruses, hacking, damage to your computer or other device, or any other technical issue which results from use of the Service.

3. Privacy

AFCT respects your privacy and will not capture any personal information while you are accessing the Service unless consent is granted.

However, once you access the wireless network and open an Internet browser application to the website, AFCT will capture and process information about the web browser type and/or operating system used by the enabled device in order to determine the most effective and/or customised means of displaying the requested website on your device.

AFCT will collect and store the IP and MAC address of the enabled device that has accessed the Service, once these Terms have been agreed to.

AFCT is not responsible for the use that any third party may make of personal information obtained through the use of the Service.

When you connect to our free public WiFi service, you will be prompted to register an account or login using a method of social media (Facebook, Instagram, Foursquare).

During the registration or login process, personal information may be collected from your social media platforms. This includes, but may not be limited to:

  • Name
  • Email
  • Gender
  • Timezone
  • Social Media Friends

This information will be securely retained on AFCT’s network environment for statistics, analysis and/or marketing purposes.

4. Adelaide Festival Centre Trust’s Liability

4.1. By using the Service you release and discharge AFCT from any liability which might arise out of and in connection with the Service.

4.2. AFCT’s liability to you for breach of any express provision of this Agreement or any Non Excludable Condition is limited to supplying the Service again;

4.3. Without limiting AFCT’s rights to do so, AFCT is not obliged to supervise, edit or control the content accessed through the Service. AFCT disclaims all liability for material you access via the Service that you or any other reasonable person would find offensive (e.g. pornography), upsetting, defamatory or unsuitable for minors. You agree to take reasonable steps to avoid such content while using the Service.

4.4. You agree to indemnify AFCT from any losses, costs or liability AFCT may incur as a result of:

4.4.1. your use of the Service, including any material that you access or make available using the Service;

4.4.2. any breach of any aspect of these Terms, including but not limited to:

4.4.2.1. breaches of clause 1.8 Unacceptable Use: and

4.4.2.2. use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute copyright infringement.

5. Infringement of Terms

Service users who infringe these Terms and Conditions may be asked to leave the premises. Users who refuse to comply with AFCT staff directives may be denied further access to Adelaide Festival Centre premises.

Illegal acts involving the use of the use of Adelaide Festival Centre Trust ICT resources may also be subject to prosecution by state or federal authorities.