Wi-Fi Terms & Conditions of Use

1. General

1.1 In these Terms & Conditions, the use of the words “you” or your” refers to the individual user or visitor of the Network.

1.2 Cbus Property 140 William Street Pty Ltd (ABN 48 115 826 741) (Cbus Property) provides visitors access to a free wireless network to be accessed within the publically accessible areas (Network) within the boundaries of 140 William Street, Perth, Western Australia (Coverage Area).

1.3 Access to and use of the Network is subject to these Terms & Conditions. By accessing and using the Network, you agree that you have read and understood these Terms & Conditions and agree to be bound by these Terms & Conditions without limitation.

1.4 To initially access the Network, you must subscribe to the 140 William electronic newsletter through a valid email address, requested at the time of initial connection to the Network.

1.5  By accessing the Network, you consent to Cbus Property or its subcontractors monitoring your location while connected to the Network.

1.6 If you do not agree to these Terms & Conditions, you must not access or use the Network and must disconnect from the Network.

1.7  Cbus Property may at any time revise these Terms & Conditions, with any revised terms being published and made available for review and acceptance prior to commencing a session connected to the Network.

1.8 These Terms & Conditions are governed by the law of the State of Western Australia and you agree to submit to the non-exclusive jurisdiction of the courts of that State.

2. The Network

2.1 You acknowledge that Cbus Property is not required to make any internet services available, and that Cbus Property may revoke or limit your access to the Network at any time for any reason or for no reason with or without notice.

2.2 Cbus Property does not guarantee that access to the Network will have continuous and fault-free network connectivity, will be made available for data to transfer at any particular minimum speed, will have uninterrupted data traffic flow, or will be secure or be free from malicious software such as computer viruses.

2.3 The Network provides you with free wireless broadband internet access with a maximum download speed of up to 2Mb/s within the Coverage Area.

2.4  Cbus Property reserves the right to terminate your access to the Network at any time including, without limitation, if:

(a) you are in breach of these Terms & Conditions; or

(b) you exceed one (1) hour of connection from when you first connected to the Network.

3. Acceptable Use of the Service

3.1 You may only use the Service for personal purposes only.

3.2 You must not use the Network in any way that:

(a)  exceeds 50 megabytes of use in any concurrent four hour period, regardless of how many sessions of connectivity with the Network occur in that period, and regardless of whether or not those sessions are concurrent within that period;

(b) transfers or receives high volumes of data;

(c)  includes hosting a web server or other server;

(d) violates or infringes upon any applicable law or regulation or rights of Cbus Property or any third party, or brings Cbus Property’s name or reputation into disrepute;

(e) would cause Cbus Property to be in breach of any law, code or instrument which governs its conduct or to incur a liability to any third person or entity;

(f) could interfere with the integrity and/or performance of the Network or could damage or interfere with the integrity and/or performance of any other user of the Network;

(g) depicts, alludes to or promotes offensive or illegal behaviour, including any criminal activity or behaviour that is offensive;

(h) contains adult or sexually explicit material;

(i) promotes abusive, threatening, obscene, defamatory conduct and any conduct that harasses or advocates harassment;

(j) promotes an infringement of another person’s intellectual property rights;

(k) involves the transmission of “junk mail” or unsolicited mass mailing, instant messaging or “spamming”;

(l) introduces or transmits viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other programs or programming codes that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or

(m) uses any other inappropriate, misleading or deceptive conduct.

3.3 Cbus Property may use its discretion to limit or block certain websites that can be accessed on the Network and the transmission of data to or from certain locations by certain devices as determined by Cbus Property.

4. Security

4.1 Cbus Property cannot guarantee the security of the Network at all times.

4.2  You acknowledge that:

(a) the Network is provided by unencrypted wireless access to the internet;

(b) you are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Network;

(c) Cbus Property does not warrant that privacy, security, authenticity or non-corruption of information passing over the Network;

(d) you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times; and

(e) you understand the risks of unencrypted access to the internet and will take any necessary security precautions.

5. Privacy

5.1 Any personal information collected by Cbus Property will be in accordance with, and subject to the Cbus Property Privacy Policy

5.2 You acknowledge that Cbus Property collects data about your use of this Network and you consent to Cbus Property’s use of that data for related purposes including research, market research, planning, development of products and services, security and testing.

6. Limitation of liability

6.1 Cbus Property provides you with access to the Network without any warranties or representations as to the accessibility, security, stability or reliability of the Network and to the extent permitted by law, specifically disclaims any liability or responsibility for any wireless network faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transaction), and damage to, or viruses that may infect your device or other property on account of your access to the Network.

6.2 Without limiting any other provisions of these Terms & Conditions, but subject to any rights you may have by any statutory guarantees imposed by law that cannot be limited or waived, Cbus Property will not, in any way, be liable to you for any kind of loss or damage incurred as a result of your use of the Network.

6.3 Cbus Property is not liable for any loss of files or data, and recommends that you save your work regularly whilst using the Network and to take the necessary precautions to prevent such incidences.

7. Indemnity

You agree to indemnify and must defend and hold harmless Cbus Property and its staff, agents and contractors, from and against all loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature of kind arising from your use of the Network or breach of these Terms & Conditions.