WiFi Terms - Avalon Airport

WiFi Terms

Avalon WI-FI Terms and Conditions of Use

These Terms and Conditions (“Terms”) govern the use by an individual (“You”, “Your”) of the Wi-Fi service (“Wi-Fi”) provided by Avalon Airport Australia Pty Ltd, Avalon Airport Holdings Pty Ltd and their related bodies corporate (“Avalon” “We”, “Our” and “Us”).

1. Acceptance

  1. You must read these Terms before You access and use the Wi-Fi service.
  2. By either clicking “Accept” on the Avalon Wi-Fi Service initial landing page or by otherwise accessing or using the Avalon Wi-Fi Service, You warrant that You have read, understand and agree to the following Terms, and any modifications that may be made to these Terms from time to time.
  3. If You do not wish to be bound by these Terms, You may not access or use the Wi-Fi service.
  4. We may revise these Terms at any time. It is Your responsibility to review the Terms for any changes each time You use Avalon Wi-Fi and We advise You to save a copy for Your information. If You do not agree to any change in these Terms, then You must immediately cease using the Wi-Fi. Continued use of Avalon Wi-Fi will be taken as agreement of these Terms.

2. Privacy

  1. Avalon collects, uses and discloses personal information about You when You access the Avalon Wi-Fi. By accepting these terms and conditions you agree to Avalon collecting, using and disclosing information in accordance with our Privacy Policy and acknowledge that if you do not provide us with certain personal information we cannot provide you with the Wi-Fi service.
  2. Avalon is not in any way responsible for the collection, storage, disclosure or use of your personal information by any third party website that you access and/or use through the Wi-Fi. You are solely responsible for checking the terms of use and privacy policy of each website you visit on a case by case basis and determining whether you accept such terms of use and privacy policies.
  3. Avalon cannot guarantee the security or privacy of the Wi-Fi and any information or communication to or from the Wi-Fi by the User.
  4. Access to Information
    1. Avalon routinely monitors and logs communications over its networks for security, performance, and other purposes, and We may access, monitor, audit, intercept and disclose any such communications, data or information in connection with Your use of the Wi-Fi service in accordance with Our Privacy Policy.
    2. Avalon may collect personal information from You, including the type of device You are using to access the Wi-Fi service, the time You are accessing the Wi-Fi service, the amount of data You download, and Your media access control address. Any personal data and other information provided by You will be processed by Us in accordance with Our Privacy Policy.

3. Under 18

  1. Usage of the Avalon Wi-Fi Service by persons under the age of 18 is at the responsibility of their parent or guardian.

4. Wi-Fi Terms and Conditions of Use

  1. Avalon will:
    1. Endeavour to provide access to Wi-Fi at Avalon Airport when specified. The speed and reliability of Wi-Fi can depend on a number of factors, including but not limited to:
      1. The capability of devices connecting to Wi-Fi;
      2. The availability of the telecommunications network and Our infrastructure;’
      3. The level of usage of Wi-Fi at the airport;
      4. Signal interference and general internet congestion.
    2. Discontinue, suspend or terminate Your access to this Wi-Fi if You use it in violation of these Terms. Termination will not end those provisions capable of surviving termination.
    3. Monitor Your use of this Wi-Fi, and reserve the right to collect, collate and use any data or device information which results from Your use of this Wi-Fi in accordance with this Agreement.
    4. Restrict access to certain sites We consider to be illegal, malicious or inappropriate. 
  2. By accessing, logging on and using this Wi-Fi, You acknowledge, represent and agree that:
    1. Avalon Wi-Fi is provided on an “as is”, “as available” basis, and to the extent permitted by law, without any warranties or representations of any kind whether express or implied;
    2. Use of Avalon Wi-Fi is at Your own risk and sole discretion and You accept all associated risks by connecting to this Wi-Fi;
    3. Wi-Fi may not be uninterrupted or error-free, and that viruses, worms, hacking, Trojan horses or other harmful applications may be available through this Wi-Fi, and Avalon assume no responsibility for any damage caused to You or your device as a consequence;
    4. This Wi-Fi should be used for occasional access to the internet only, and You should not rely on this as Your only means of access to the internet;
    5. You are entirely responsible to ensure Your electronic device is backed up and that We are not liable for loss of any of Your data or information, lost profits or interruption;
    6. Nothing in these Terms shall be construed as Us granting a licence or transfer of any intellectual property rights; and
    7. Our staff will not provide any Wi-Fi support or connectivity issues of any type.
  3. The Wi-Fi provided by Us is intended for Your limited personal, non-commercial, non-transferable, non-exclusive use in Avalon Airport, and You will not use it for any other purpose, such as, and not limited to:
    1. reselling the Wi-Fi to a third party;
    2. making high volume or unreasonably excessive data transfers;
    3. hosting a Web server or other server.
  4. When using Avalon Wi-Fi, You warrant that Your activities will not include the upload or download in any format, any content that:
    1. Is intellectual property or material that You are not lawfully entitled to via law, contractual or fiduciary relationship;
    2. Is abusive, obscene, deceptive, pornographic, adult-oriented, sexually explicit, derogatory, defamatory, slanderous, illegal, criminal, unlawful, vulgar, violent, harmful, malicious, misleading, or inappropriate;
    3. Depicts, alludes to, incites or promotes offensive or illegal behaviour; promotes gambling, abusive drugs, Weapons or other harmful content;
    4. Promotes or incites racism, bigotry, hatred or physical harm to any group or individual;
    5. Harasses, promotes or incites harassment to another person;
    6. Displays gratuitous violence;
    7. Uses frequent, highlighted offensive language;
    8. Contains viruses, spyware, adware, key loggers, Trojans, worms, time bombs, bots, or other computer programming routines that may damage, interfere or intercept access;
    9. Contains unlawful monitoring, phishing, spam, junk mail, and other frauds;
    10. Is via peer to peer file sharing, open http proxies, proxies etc.;
    11. Could cause Avalon to breach any law governing its conduct or to incur a liability to any third party;
    12. Could interfere with the integrity or performance of the Internet service, the network, or equipment;
    13. Could violate any law, statute, ordinance or regulation;
    14. Involves any attempt to access any data or system, service or communication which You are not authorised to access.

5. Security

  1. The Wi-Fi service provides unencrypted wireless access to the internet. You are responsible for the security of Your system, device and any transmissions You make or receive and you accept all risks regarding use of the Avalon Wi-Fi.
  2. You are liable for all use of the Wi-Fi Service that occurs in connection with Your device, including if You permit another person to use Your device or access the internet via Your device.
  3. You are fully responsible for Your activities while using the Wi-Fi service (including for any content, information and other materials You access or transmit via the Wi-Fi service).
  4. You acknowledge that You understand the risks of unencrypted access to the internet, and will take any necessary security precautions, including encrypting confidential transmissions, backing up any data and protecting Your system and device with passwords and a firewall.
  5. You agree that security of Your equipment and data, including safeguarding against the risks of hacking, viruses, surveillance, and all other such hazards, is Your responsibility and not the responsibility of Avalon Airport.

6. User Data

  1. Avalon cannot guarantee that Your data will not become lost, damaged, or intercepted in transit using the Wi-Fi service and does not take responsibility if You lose an email or a download or any other kind of transmission, or if someone gains access to Your passwords, or for any other like circumstances.
  2. Any information which You transmit using the Wi-Fi service, including credit card and personal information is transmitted at Your own risk and Avalon is not responsible while such information is in transit.

7. Limitation of Liability

  1. Avalon does not guarantee that access to Wi-Fi will be secure, stable, reliable, continuous, fault-free or accessible at all times.
  2.  We do not guarantee the security of the Wi-Fi and unauthorised third parties may access Your electronic device and/or files or monitor Your connection while in transit over the internet or stored in Our systems.
    We do not exercise control over the sites You may visit and products You may use while using the Wi-Fi, and We take no responsibility for any transactions between You and third parties or actions taken by third parties.
  3. To the extent permitted by law, We and/or Our affiliates, officers, directors, employees, contractors, agents, and vendors disclaim and exclude any liability for costs or damages arising either directly or indirectly or of an incidental, consequential, or special damage of any nature from Your use of the Wi-Fi to You, regardless of the cause of action and whether or not it was foreseeable.
  4. You shall at all times indemnify Us and hold Us and Our affiliates, officers, directors, employees, contractors, agents, and vendors harmless from and against, and shall promptly reimburse them for, any and all loss, damage, claims, liabilities, settlements, costs and proceedings that We may incur or suffer arising out of or in connection with Your use of the Wi-Fi or out of or in connection with a breach of these Terms by You.
  5. Your use of the Wi-Fi 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 that law expressly provides may not be excluded, restricted or modified (Statutory Guarantees). Nothing in these Terms and Conditions excludes, restricts or otherwise modifies the Statutory Guarantee.

8. Terms and Laws

  1. These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
  2. Avalon Airport reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Wi-Fi. This includes cooperating fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via the Wi-Fi.
  3. These Terms constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding the Wi-Fi. Any waiver of any provision of the Terms will be effective only if in writing and signed by Us.

9. Severability

  1. If any of these Terms are determined to be invalid or unenforceable under any applicable law, the term will be ineffective to the extent of such determination. Invalidation of a part or portion of these Terms will not invalidate the remaining parts or portions of these Terms and they will continue to, and will remain, in full force and legal effect.
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