WIFI terms of use

Colac Otway Shire Free Wi-Fi Access: Terms Of Use

Colac Otway Shire FREE Wi-Fi Access

About Colac Otway Shire Wi-Fi Access
Welcome to a Colac Otway Shire Internet Hotspot. Hotspots are provided to you by Colac Otway Shire Council (ABN 324 3081 9755) (2-6 Rae street Colac VIC 3250). Hotspot names are "COPACC", "Consultant" and "COS Staff".

Terms governing your use of the Hotspot
Access to and use of this Hotspot is subject to these Terms of Use (Terms and Conditions). This includes, as applicable, the additional terms which apply to the free Wi-Fi services, which are located at the end of these Terms and Conditions.

Colac Otway Shire may at any time revise these Terms and Conditions. Since you are bound by these Terms and Conditions each time you access and use a Hotspot, you should carefully review these Terms and Conditions each time you do so.

If you do not agree to these Terms and Conditions, you may not access or use this Hotspot.

For the purposes of these Terms and Conditions, any reference to "you" or "your" includes but is not limited to the owner and authorised user of the wireless enabled device used to access this Hotspot.

Connecting to the Hotspot
Each Hotspot location can only support a limited number of users accessing the Hotspot at any one time. Colac Otway Shire does not warrant or represent that you will be able to access and/or use the Hotspot immediately or each time you visit a Hotspot.

You are responsible for providing your own computer or mobile device (which must be a wireless enabled device) that is capable of accessing a Hotspot with its own power source. Colac Otway Shire does not provide power, information technology advice or assistance to any user of the Hotspot. You must not use the Hotspot under any circumstances if you do not have express permission of the lawful owner of the wireless enabled device.

Colac Otway Shire does not guarantee that the Hotspot will be compatible with any devices or software which you may use to connect to the Hotspot.

Speed and Reliability of the Hotspot
The speed and throughput of each Hotspot will vary depending on a number of factors, including but not limited to: The capabilities of your wireless enabled device; the physical location of the wireless access points within Colac Otway Shire; Hotspot user traffic during time of access, general internet congestion, wireless signal interference and the location of your wireless enabled device within Colac Otway Shire whilst accessing the Hotspot.

Colac Otway Shire will use reasonable endeavours to provide you with a reliable, stable and secure access to the Hotspot but, subject to the Statutory Guarantees referred to below, does not promise that the access to the Hotspot will be continuous, fault-free, secure or accessible. Colac Otway Shire advises that this Hotspot access is not suitable for supporting any application or use which requires continuous, fault-free network connectivity or uninterrupted data traffic flow.

Colac Otway Shire will use reasonable endeavours to monitor and attend to any Hotspot faults, malfunctions or other problems associated with the Hotspot access but, subject to the Statutory Guarantees, will not be liable if such faults, malfunctions or problems occur with the Hotspot and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Hotspot at all or within any specified timeframe.

User Obligations and Limitations
The Hotspot is intended to be used in a fair and "community-minded" manner. To this end, Colac Otway Shire may, in its absolute and sole discretion, limit or block certain websites and/or content that you may seek to access whilst using the Hotspot. Without limiting its rights, Colac Otway Shire may block or limit access to websites and/or content that Colac Otway Shire considers are not "family friendly" or may bring negative exposure or harm to Colac Otway Shire reputation and/or brand. This includes but is not limited to websites and/or content that:
• could cause Colac Otway Shire 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;
• could interfere with the integrity and/or performance of the Hotspot or any of Colac Otway Shire’s other networks or equipment;
• depicts, alludes to or promotes offensive or illegal behaviour;
• is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter or which may contain links to adult websites;
• promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorised copy of another person's copyrighted work (including but not limited to file sharing applications such as Limewire, eDonkey, Napster or any other Bit-Torrent or peer to peer applications);
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
• uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content.

You must comply with all directions issued by Colac Otway Shire relating to use and access to a Hotspot.

Access to and use of websites and/or content via the Hotspot is also subject to such websites and/or content passing through the firewalls, anti-virus and other managed security systems prior to the Internet pages being delivered to your wireless enabled device, and which are determined and set in Colac Otway Shire’s sole discretion.

Suspension and Termination
We may immediately suspend, terminate or limit your access to the Hotspot if:
• you are in breach of these Terms and Conditions;
• you attempt to manipulate or bypass any limitations of the Hotspot by any means;
• you behave in a vexatious, illegal, inappropriate, or unsociable manner;

• we believe on reasonable grounds that there is a real risk of serious loss or damage to Colac Otway Shire or a third party if we do not suspend, terminate or limit your access;
• there is an emergency; or
• there is an unusually high use of a Hotspot.

Automatic Logging Out
You will automatically be logged-out of the Hotspot if your access to the Hotspot is suspended or terminated by Colac Otway Shire in accordance with these Terms and Conditions.

If you are in the process of downloading a file and you are automatically logged-out of the Hotspot, your partially downloaded file will not be saved or recoverable. Subject to the Statutory Guarantees, Colac Otway Shire is not liable for loss of your files or data and recommends that you save your work regularly whilst using the Hotspot and/or take the necessary precautions to prevent such occurrences.

The internet is an inherently unsecure communication medium. Whilst Colac Otway Shire will use reasonable endeavours to provide secure access through this Hotspot, it cannot guarantee the security of the Hotspot at all times. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Hotspot and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.

Colac Otway Shire is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Colac Otway Shire will only collect, use, hold and disclose your personal information for the purposes of delivering the Hotspot in accordance with applicable legislation, these Terms and Conditions and Colac Otway Shire privacy policy (which can be accessed at www.colacotway.vic.gov.au  by clicking the privacy policy link).

By accepting these Terms and Conditions, you agree to Colac Otway Shire collecting, holding and disclosing the following information:
• information regarding your web browser type and/or operating system information as used by your wireless enabled device, in order to determine the most effective and/or customised way to display the requested webpage on your device;
• Your first name, email address and postcode;
• the IP and MAC address of the wireless enabled device that has accessed the Hotspot.

Colac Otway Shire is not in any way responsible for the collection, storage, disclosure or use of your personal information by any third party (including but not limited to any website that you access and/or use through the Hotspot). 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.

If you have any queries regarding Colac Otway Shire’s collection and/or use of your personal information, you may visit the www.colacotway.vic.gov.au and click the privacy policy link.

Intellectual Property
These Terms and Conditions and any pages via which you access a Hotspot may contain material which is subject to intellectual property rights, including copyright. You acknowledge and agree that Colac Otway Shire either owns or licences all such intellectual property rights and that nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights to you.

To the extent necessary, Colac Otway Shire grants to you a non-exclusive, non-transferable and revocable licence to access and use the Hotspot and any related intellectual property rights, subject to these Terms and Conditions.

Limitation of Liability
Your use of a Hotspot under these Terms and Conditions 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 Guarantees.

Subject to the Statutory Guarantees, your access to and use of this Hotspot is entirely at your own risk, Colac Otway Shire makes no warranties or representations as to the accessibility, security, stability or reliability of this Hotspot and Colac Otway Shire specifically disclaims any liability or responsibility for any Hotspot faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Hotspot.

Subject to the Statutory Guarantees, neither Colac Otway Shire nor any other party involved in delivering the Hotspot is liable for any direct, incidental, consequential, indirect, or punitive losses or any loss of profit, revenue or data arising out of your access to, or use of, or inability to use or access, the Hotspot for any reason whatsoever, even if Colac Otway Shire has been notified or advised of the possibility of such damages.

Colac Otway Shire assumes no responsibility, and makes no warranty or representation in relation to, and shall not be liable to you in respect of your use of any third party proprietary software.

Subject to the Statutory Guarantees, Colac Otway Shire assumes no responsibility, and shall not be liable for, any damage to, or viruses or other harmful code that may infect your computer or mobile device or other property on account of or in connection with your access to or use of the Hotspot.

Colac Otway Shire is not responsible for the content of any website accessed or used via the Hotspot. Your access to and use of any website or network connection whilst using the Hotspot is entirely at your own risk.

Indemnity and Release
You agree to indemnify, release and hold harmless, Colac Otway Shire and its personnel, employees, agents and representatives, 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 or kind arising from your use of a Hotspot or breach of these Terms and Conditions.

FREE Wi-Fi Access
You may utilise the Colac Otway Shire free Wi-Fi service for a continuous period of up to 1 hour. After this time, you will automatically be logged-out of the Hotspot but (subject to you being able to access a Hotspot) you may log in again and begin a new session.