Public Internet Use and Wireless Access
City of Cockburn – Free Public Wi-Fi
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SERVICE.
Access to, and use of The City of Cockburn Free Wi-Fi (referred to as 'the service' or ‘service’) is subject to The City of Cockburn’s Terms and Conditions (referred to as ‘Terms and Conditions’) set out below.
In these Terms and Conditions, any reference to "you" or "your" includes the owner and/or user of the device used to access this service.
The service is provided to you free of charge by the City of Cockburn and is available for use in areas enabled with a wireless local area network.
By accessing and using this service, you agree to accept these Terms and Conditions without limitation. If you do not agree to these Terms and Conditions, you will not be able to access or use this service.
To use the service, you simply need to access this service with your Wi-Fi enabled device. You are not required to pay any fee to access the service at any City of Cockburn Wi-Fi enabled site.
The City of Cockburn can only support a certain number of users accessing the service at any one time. The City of Cockburn does not guarantee that you will be able to access and/or use the service immediately or each time you visit a City of Cockburn Wi-Fi enabled site.
You acknowledge and agree that by accepting the terms and conditions that you are at least 18 years of age or that your parent or guardian has approved your usage of the service.
The service is to be used in a fair and community-minded manner. To this end, The City of Cockburn may, at its absolute and sole discretion, limit or block certain websites and/or content that it considers not appropriate or may bring negative exposure or harm to the City of Cockburn's reputation and/or brand. This includes but is not limited to websites and/or content that:
- Could cause The City of Cockburn to be in breach of any law, code or act which governs its conduct or to incur a liability to any third party;
- Could interfere with the integrity and/or performance of the service or The City of Cockburn'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 libellous;
- Promotes an illegal or unauthorised copy of another person's copyrights work (including but not limited to file sharing applications used for Bit-Torrent downloads/uploads or peer-to-peer applications generally;
- Involves the transmission of junk mail, chain letters, or 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 unwanted malicious software agents, such as viruses, Trojan horses, worms, etc. 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.
The City of Cockburn may immediately terminate and block your access to the service if you use it in a manner that contravenes these Terms and Conditions, attempts to manipulate or bypass any limitations of the service by any means or behave in an aggravating, illegal, inappropriate or unsociable manner as a user of the service.
The City of Cockburn will endeavour to provide a reliable, stable and secure connection to the service, but does not guarantee that the access to this shared service will be continuous, fault-free, secure or accessible at all times. Access to this service is not suitable for supporting any application or use, which requires continuous, fault-free network connectivity or uninterrupted data traffic flow. Without limiting any other provision of these Terms and Conditions, The City of Cockburn will not be liable if access to the service becomes unstable, unsecured, slow or unavailable for any reason.
The quality of the service is dependent on several factors that govern its performance. Factors such as the speed and throughput of each individual Wi-Fi enabled site, the capabilities of your wireless enabled device, the physical location of the wireless access points in the area, amount of active users, wireless signal interference and the location of your wireless enabled device within the area whilst accessing the service.
Service faults, malfunctions or other problems associated with accessing the service will be attended to by the City of Cockburn at its earliest reasonable convenience. The City of Cockburn will not be liable if such faults, malfunctions or problems occur with the service and is not obligated to rectify any such faults, malfunctions or problems associated with the service within any specified timeframe.
Whilst The City of Cockburn will endeavour to provide secure access through the service, it cannot guarantee the security of the service at all times. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the service and you are responsible for keeping all personal usernames, passwords and other security-based information secure and private at all times.
Without limiting any other provisions of these Terms and Conditions, The City of Cockburn shall not, in any way, be liable for any loss or damage incurred as a result of your use of the service. Including, but not limited to, any malicious action you may become subject to during your use of the service.
The City of Cockburn recommends that you take any necessary measures to protect the security of your devices and data, including using secure transmission techniques (such as encryption, backups, virtual private networks and personal firewalls).
The City of Cockburn will only collect, use and store your personal information for the purposes of delivering the service in accordance with applicable legislation and these Terms and Conditions. Without limiting the above, The City of Cockburn will not capture or attempt to capture any personal information whilst you access and/or use the service without your consent.
The City of Cockburn will capture and process information regarding your web browser type and/or operating system information used by your wireless enabled device in order to determine the most effective way to display the requested information on your device.
The City of Cockburn may also collect and store the IP and MAC address of the wireless enabled device that has accessed the service, once the Terms and Conditions of access have been agreed to.
The City of Cockburn is not responsible for how a third party (including but not limited to any website accessed through the service) collects and/or uses personal information. You are solely responsible for checking the terms of use and privacy policy of each website you visit and determining whether you accept such terms of use and/or privacy policies.
The City of Cockburn makes no warranties or representations as to the accessibility, security, stability or reliability of this service and expressly disclaims any liability or responsibility for any service faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including without limitation, any transactions) made by using this service.
Neither The City of Cockburn nor any other party involved in delivering the service is liable for any direct, incidental, consequential, indirect or punitive damages arising out of access, or the inability to access the service, even if The City of Cockburn has been notified of, or advised of the possibility of such damages.
The City of Cockburn assumes no responsibility, makes no warranty or representation in relation to, and shall not be liable in respect to use of any third party proprietary software.
The City of Cockburn is not responsible for the content of any website accessed or used via the service. Your access to and use of any website or network connection whilst using the service is entirely at your own risk.
You agree to indemnify and hold harmless, The City of Cockburn and its personnel, 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 a breach of these Terms and Conditions.
The following Legislative Framework underpins the authority of the City of Cockburn's 'Cockburn Free Wi-Fi' service:
- Privacy Act 1988
- Privacy and Personal Information Protection Act 1998
- Telecommunications Act 1997 (Cth)
- Copyright Act 1968
While the City of Cockburn will endeavour to implement these Terms and Conditions with consistency, due to the ever-changing nature of the Internet, all positions, rules and conditions are subject to change without notice and at the discretion of the City's Information Services management.