Rundle Mall Plaza Terms & Conditions
As at 1 July 2020
WiFi – Terms & Conditions
Welcome to the Rundle Mall Plaza (ABN23 083 686 293) (“RMP”, “we”, “us”) free Wi-Fi service (“Wi-Fi”). You are about to log on to a wireless internet access hotspot free of charge. We may change these Terms and Conditions (“T&Cs”) at any time. You should therefore review these T&Cs each time you access the Wi-Fi.
By accessing the Wi-Fi you accept these T&Cs as set out below.
1.1. These Terms and Conditions apply each time you access the Wi-Fi and you agree to be bound by them. Please read these Terms and Conditions carefully before you access the Wi-Fi on each visit. If you do not agree to these Terms and Conditions, you cannot access the Wi-Fi.
1.2. For the purposes of the Terms and Conditions, any reference to “you” or “your” includes but is not limited to the user of the Wi-Fi.
You acknowledge that you have read, understood and agree to be bound by these.
2.1. The Wi-Fi is provided to you on an “as is” basis. RMP does not guarantee that the Wi-Fi is free from fault or risk free or fit for all purposes or that the Wi-Fi is secure or access to the Wi-Fi will be continuous. By accessing the Wi-Fi, you assume all responsibility and risk as a result of use.
2.2. The Wi-Fi is available to you when you are in range of our Wireless network. Each Wi-Fi location can support a limited number of users at the one time, therefore access cannot be guaranteed on each visit. Access to the Wi-Fi may also be restricted due to maintenance or repair work, transmission or equipment limitations or failure or due to interrupted service such as an emergency.
2.3. You are responsible for providing your own wireless enabled device such as a computer, tablet, mobile device or any hardware, software or equipment required to access and use the Wi-Fi. You are responsible for ensuring the compatibility of your product with the Wi-Fi.
2.4. Network speed and reliability will vary depending on location, device configuration, compression and network congestion, user traffic, wireless signal interference and many other factors. Network speed is not an indication of the speed at which your device connected to the Wi-Fi sends, transmits or receives data.
2.5. RMP will use reasonable endeavours to monitor and attend to any Wi-Fi faults, malfunctions or other problems associated with the Wi-Fi access but, subject to the Statutory Guarantees, will not be liable if such faults, malfunctions or problems occur with the Wi-Fi and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Wi-Fi at all or within any specified timeframe.
2.6. RMP reserves the right to immediately cease or suspend access to the Wi-Fi without notice to you, if we suspect or have reason to suspect that you have breached these T&Cs or you are transmitting a virus or malware or any other program capable of manipulating or modifying the service by or could result in the intercepting or accessing of the network for fraudulent or illegal activity. Access to the Wi-Fi may also be removed if you behave in a vexatious, illegal, inappropriate, or unsociable manner (as a user of the Wi-Fi) or we suspect on reasonable grounds that there is a real risk of serious loss or damage to RMP or a third party if we do not suspend, terminate or limit your access.
2.7. The Wi-Fi involves a network of wireless access points that allow multiple wireless devices to access connections to the internet, once both the user and the device are registered and connected to the Wi-Fi. Because your registration and your use of the Service is linked to your device, you should not allow anyone else to use your device while connected to the Wi-Fi.
- Use and Content obligations
3.1. The Wi-Fi is intended for general web browsing activities and must be used in a fair and “community-minded” manner. RMP does not, nor is it our responsibility to, control data or content that you access or receive via the Wi-Fi. The internet contains unedited materials, some of which may be explicit or offensive to you. RMP will take reasonable efforts to restrict access to these websites however RMP accepts no responsibility for such materials. However RMP may in its absolute and sole discretion, limit or block certain websites and/or content that you may seek to access whilst using the Wi-Fi.
3.2. RMP is not the publisher of third party content that can be accessed through the Wi-Fi and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Wi-Fi. RMP is not responsible and does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Wi-Fi. You are responsible for evaluating such content.
3.3. It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the Wi-Fi. If you choose to purchase product from third parties using the Wi-Fi, your personal information related to the use of their services is governed by their policies and RMP has no control over their policies or the third parties compliance to those policies. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Wi-Fi.
3.4. Due to limited bandwidth and to ensure a consistent experience for all customers, the Wi-Fi is not to be used for high-bandwidth activities such as streaming music, streaming video or downloading large files. The Wi-Fi is also not to be used in a manner that could interfere with the integrity and/or performance of the network/service or any of RMP’s other networks, systems or equipment.
3.5.The Wi-Fi must not be used in a manner that could cause RMP to be in breach of any law or any code or instrument which governs its conduct or to incur a liability to any third person or entity.
3.6. You agree that you will not use the Wi-Fi:
- for anything unlawful, inappropriate, immoral or improper;
- to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitatingor promoting any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, violent, abusive, harmful, a breach of privacy, or which is otherwise objectionable;
- exploits people in a sexual or violent manner; promotes conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorised copy of another person’s copyrighted work; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”;
- to promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons;
- to harm or attempt to harm minors in any way;
- to access or use content in a way that infringes the rights of others;
- for any fraudulent purpose, or in such a way as to create damage or risk to RMP, our reputation, employees, subscribers, facilities, third parties or to the public generally;
- to 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.
3.7. RMP is not liable for any loss of your files or data and recommends that you save your work regularly whilst using the Wi-Fi and/or take the necessary precautions to prevent such occurrences. Where you are logged out, for whatever reason, and you are in process of downloading content from the Wi-Fi service, the file (in part or whole) will not be saved or recoverable.
4.1. The internet is an inherently unsecure communication medium. Whilst RMP will use reasonable endeavours to provide secure access through this Wi-Fi, it cannot guarantee the security of the Wi-Fi at all times. You are solely responsible for any information, including personal information, or data uploaded, downloaded or otherwise communicated via the Wi-Fi and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.
4.2. You are responsible for all activities that occur under your registration. Any breach of security should be notified to RMP immediately.
By accessing the Wi-Fi, you acknowledge and agree that:
5.1. We will collect your information, such as (but not limited to):
- where devices are able to connect to, or are identifiable by, in-centre infrastructure, we may collect data including usage, location and type of device, from those devices, and other data which users consent to us collecting from time to time;
- the date and time you accessed each page on our websites;
- cookies which track your visits to our web sites;
- the web browser that you are using and the pages you accessed;
- your name, email address and age range where provided;
- centre arrival and departure time;
- device ID number (MAC address);
- location of your wireless device in-centre;
- length of browsing session; and
- the URL of websites visited.
5.2. We are collecting this information (and may use or hold this information) for the following purposes:
- for the purposes of and incidental to your use of the Wi-Fi;
- to improve our websites and the Wi-Fi;
- so that we can tell which webpages are the most popular and where shoppers spend most of their time;
- to provide to other members of RMP, its agents, contractors, service providers, joint venture and commercial partners, including owners of RMP,regulatory authorities and any third parties who provide services to us in relation to the Wi-Fi, including gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent use; and
- for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out above, we may provide this information to members of RMP, its agents, contractors, service providers, joint venture and commercial partners, including owners of RMP, and regulatory authorities.
5.4. If you opt in to receive notifications (for example, in respect of competitions, news, information or offers in respect of goods or services) then you may receive notifications on your device. If you want to opt out from these notifications, visit https://rundlemallplaza.com.au/unsubscribe
5.7. If you access or log-in to the Wi-Fi through a third party social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the third party social media service to share with us, such as your profile picture, email address, followers or friends lists, and any information you have disclosed in connection with that social media service. When you access the Wi-Fi through third party social media services, you are authorising RMP to collect, store, use and disclose such information and content in accordance with these T&Cs. If you do not want your personal information collected, stored, used or disclosed in this way, please do not access or log-in to the Wi-Fi through a third party social media service. We do not collect your passwords from these third party social media services.
6.1. The Wi-Fi is provided on an “as is” basis and without warranties, either express or implied, including, but not limited to, warranties of title, merchantability, non-infringement, or fitness for a particular purpose which are expressly disclaimed. You assume all responsibility and risk for use of the service.
6.2. RMP does not authorise you or any individual to make a warranty of any kind on our behalf and you should not rely on any such statement. Neither we nor our officers, directors, employees, managers, agents, dealers, suppliers, parents, subsidiaries or affiliates warrant that the information, products, processes, and/or services available through the Wi-Fi will be uninterrupted, always available, accurate, complete, useful, functional or error free.
- Limitation of Liability
7.1. Your use of the Wi-Fi under these T&Cs may be subject to certain guarantees, warranties, terms and conditions imposed by the Australian Consumer Law set out in the Competition and Consumer Act 2010 (as may be amended from time to time) which expressly provides may not be excluded, restricted or modified. Nothing in these T&Cs excludes, restricts or otherwise modifies your rights under Consumer Guarantees under the Australian Consumer Law
7.2. Your access to and use of the Wi-Fi is at your own risk. RMP makes no warranties or representations as to the accessibility, security, stability or reliability of this Wi-Fi and RMP specifically disclaims any liability or responsibility for any Wi-Fi faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Wi-Fi.
7.3. RMP nor any other party involved in delivering the Wi-Fi is liable for any direct, incidental, consequential, indirect, or punitive losses or any loss of profit or data, loss of privacy or security damages, or losses resulting from any goods or services purchased or messages or data received or transactions entered into through the Wi-Fi, any damages whatsoever arising out of your access to, or use of, or inability to use or access, the Wi-Fi for any reason whatsoever, even if RMP has been notified or advised of the possibility of such damages.
7.3. RMP is not responsible for the content of any website accessed or used via the Wi-Fi. Your access to and use of any website or network connection whilst using the Wi-Fi is entirely at your own risk.
8.1.You agree to indemnify RMP and its personnel, employees, agents, representatives, related agencies and hold them harmless from and against any claims, demands, actions liabilities, costs (including all reasonable legal and other professional costs on a full indemnity basis) or damages arising from the use of the Wi-Fi or where you breach these T&Cs.
8.2. You may not transfer or attempt to transfer any of your rights and responsibilities under these T&Cs without RMP’s consent. We may transfer our rights and responsibilities to any third party without your permission.
8.3. If any part of these T&Cs shall be unlawful, void, or for any reason unenforceable, then that part shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining parts of the T&Cs.
8.4. The laws applicable to the interpretation of these T&Cs shall be the laws of the state of South Australia.