Castle Mall – Wi-Fi – QIC Limited (ACN 130 539 123) atf QIC Castle Towers Trust (ABN 19 391 557 971)
1. TERMS AND CONDITIONS
Please read these terms and conditions carefully as they govern your use of this wireless local access network service (as defined below) (“the Service”) provided within Castle Mall (“the Centre”).
There is no guarantee that the Service will be available at all times, nor that the performance of the Service will be suitable to provide internet access. The Service is presently available free of charge however QIC Limited (ACN 130 539 123) (“QIC”) reserves the right to charge for the Service in the future or charge for any premium services which may become available.
2. THE SERVICE
The Service is a wireless access point used to provide a wireless connection within the Centre. The wireless connection is then used to create the connection to the internet.
(a) clicking 'Connect to Wi-Fi' on the Wi-Fi Service's initial landing page; or
(b) otherwise accessing or using the Wi-Fi Service.
3. INFORMATION ABOUT THIS SERVICE
The home page, which is the page which appears on your electronic device when you are connecting to the WLAN, (“Home Page”) and these terms and conditions (“Terms and Conditions”) are operated by Skyfii for QIC.
In these Terms and Conditions “us”, “we” or “our” means Skyfii and QIC and “you” or “your” means the individual using the Home Page and/or the Service.
There may be times when the Service is unavailable due to testing or system configuration changes.
4. TERMS COVERING YOUR USE OF THIS SERVICE
These Terms and Conditions are important and you should ensure that you read them carefully.
By using the Service you acknowledge and agree that you have read and understood the Terms and Conditions and you agree to be bound by them. If you do not agree to the Terms and Conditions, please do not use the Service.
We reserve the right, at our discretion, to modify, add to or remove or update any of the Terms and Conditions at any time without further notice to you or without giving you any explanation or justification for such change.
You should check these Terms and Conditions from time to time to ensure you are happy with any changes. Your continued use of the Service following the updating of the Terms and Conditions shall mean you accept those changes.
5. LICENCE GRANTED TO YOU
We grant you a revocable, non-exclusive, non-transferable licence to use the Service in accordance with the Terms and Conditions.
We may terminate this licence at any time for our convenience and/or if you are in breach of any of the Terms and Conditions.
6. THIRD PARTY MATERIALS
The Home Page, these Terms and Conditions and the Service may contain trademarks and other material belonging to third parties. Copyright rests with the third party and is subject to all relevant Copyright and Trademark laws. Nothing contained on the Home Page, these Terms and Conditions or the Service shall be construed as us granting any licence or right of use for any trademark or other material without the express written permission of the relevant owner.
The Home Page, these Terms and Conditions and the Service may also contain links to third party websites and applications as well as content added by people other than us. We do not endorse, sponsor or approve any content available on any linked website. If you enter a third party website via one of these links you do so at your own risk.
If you contact a third party using functionality provided on the Home Page, these Terms and Conditions or through the Service (including via email) we accept no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
We reserve the right to terminate any link at any time.
We may from time to time include advertising by third parties on the Service.
7. INTELLECTUAL PROPERTY RIGHTS
The Home Page, these Terms and Conditions and the Service may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any documents on the Home Page and any other content. It is protected by intellectual property laws including, but not limited to, copyright. You acknowledge and agree that, as between you and us we either own or licence all intellectual property rights in the Home Page.
Nothing in the Terms and Conditions constitutes a transfer of any intellectual property rights. You may view, use, and download material on the Home Page and the Terms and Conditions for personal use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of such material to third parties is prohibited.
Unauthorised use of the Home Page or the Service may give rise to a claim for damages and/or be a criminal offence.
8. ACCURACY OF INFORMATION
Any information contained on the Home Page, in these Terms and Conditions or the Service is given in good faith and for general information and interest only. It is subject to change without notice. We are not responsible for any inaccuracies and make no representation, give no warranty or guarantee that the information is current, accurate and free from omissions or errors.
Any information given on the Home Page, in these Terms and Conditions or by the Service should not be relied on and does not constitute any form of advice or recommendation. By accessing the Home Page, the Terms and Conditions and the Service you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to in the Home Page, Terms and Conditions or through the Service are entirely at your sole risk and responsibility. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on any information obtained through the Home Page, the Terms and Conditions or through the Service.
NO GUARANTEES AS TO SECURITY
We do not warrant that any information, software or other material accessible through the Home Page, Terms and Conditions or Service is free of viruses, worms, Trojan horses or other harmful components.
While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on our systems. You agree we disclaim all liability to you, to the greatest extent possible pursuant to law, should this occur.
We assume no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer or mobile device or other property on account of your access to or use of the Service.
We are 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.
We recommend that you do not use the Service, at any time, to undertake personal banking or disclose any personal information (such as account details, passwords, credit card details and bank account details).
9. YOUR OBLIGATIONS AND RIGHTS
You are responsible at your own expense for having suitable computing equipment such as laptop or pocket personal computers with wireless and associated software and configurations for use with the Service.
You must not, under any circumstance, use the Service to:
We reserve the right to suspend the Service if we:
You do not have the right to resell this Service to a third party.
The Terms and Conditions do not exclude the our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter in respect of which it would be illegal for us to exclude or to attempt to exclude our liability.
To the full extent permitted by law we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions and do not give or assume any warranty, condition, undertaking or term, whether statutory, express or implied, as to condition, satisfactory quality, performance, durability, fitness for purpose, availability or otherwise of the Home Page or the Service.
No liability will be accepted by us for any loss, or damage caused by the use of this Service.
We do not guarantee that the Home Page, the Terms and Conditions or the Service will be compatible with all hardware and software which you may use.
We do not guarantee the Service can be accessed at all times and/or at all locations within the Centre and we may revoke the Service at any time without any prior notice to you.
You understand and agree that prior to your use of the Home Page, the Terms and Conditions or the Service, it is your responsibility to make sure that your computer system or access device has been completely backed up. We are not responsible for loss of computer programme data or information.
We shall not be liable to you if you cannot use and/or access the Home Page, the Terms and Conditions and/or the Service for any reason, including without limitation because:
You shall at all times indemnify us and keep us indemnified and hold us harmless from and against any loss (including reasonable legal costs and expenses), damage, claims, liabilities, costs and proceedings that we may incur or suffer arising out of or in connection with your use of the Service or out of or in connection with a breach of the Terms and Conditions by you.
You must not assign, sublicense or otherwise deal in any way with any of your rights under these Terms and Conditions.
If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
These Terms and Conditions will terminate if, for any reason, we cease providing the Services. Termination will not end those provisions that are capable of surviving termination.
13. DIRECT MARKETING COMMUNICATIONS
You can choose not to receive direct marketing communications from Castle Mall at any time by: following the instructions on the communication to opt-out or unsubscribe from further communications; if you are a member of one of our Shopping Centre membership programs, by logging into the member area on the Shopping Centre website and ticking the opt-out option; contacting your usual QIC contact or emailing [email protected].