Terms and Conditions of Use
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STOCKLAND FREE WI-FI SERVICE
TERMS AND CONDITIONS OF USE
1 Introduction
1.1 Stockland Development Pty Limited (ACN 000 064 835) and its related entities (referred collectively as Stockland) provides access to the “Stockland Free Wi-Fi Service” subject to the following terms and conditions of use (Wi-Fi Terms and Conditions) and Stockland’s Privacy Policy (Privacy Policy) accessible at https://www.stockland.com.au/privacy-policy.
1.2 By accessing the Stockland Free Wi-Fi Service, you accept the Wi-Fi Terms and Conditions and Privacy Policy, and any amendments that may be made to them from time to time by Stockland.
1.3 If you do not agree to the Wi-Fi Terms and Conditions or Privacy Policy, you may not access the Stockland Free Wi-Fi Service.
1.4 If you are under the age of 18 years, you must only accept the Wi-Fi Terms and Conditions and Privacy Policy with a parent’s or guardian’s consent.
2 Access
2.1 You agree to these terms and conditions by clicking “Connect” on the Stockland Free Wi-Fi Service landing page or by otherwise accessing the Stockland Free Wi-Fi Service.
2.2 Stockland will use reasonable efforts to provide Wi-Fi Services that are reliable and secure. However, Stockland does not guarantee that the Stockland Free Wi-Fi Service will be continuous, free of delays, uninterrupted, error free or free of viruses or bugs.
2.3 Stockland reserves the right, at its absolute discretion, to limit, restrict or suspend access to or the availability of, the Stockland Free Wi-Fi Service at any time for any reason (including for any maintenance).
2.4 The Stockland Free Wi-Fi Service is not supplied for business purposes and is not suitable for supporting continuous, uninterrupted, error free network connectivity or large amounts of downloading.
3 Security
3.1 You acknowledge that there are certain risks inherent in using the internet and Wi-Fi Services generally, which are out of Stockland’s control and for which Stockland is not responsible. Stockland accepts no responsibility or liability for any loss or damage that you may incur, including any damage to software or hardware, delivery failures, system malfunction, or loss of data, arising from your use of or access to the Stockland Free Wi-Fi Services.
3.2 The Stockland Free Wi-Fi Service provides unencrypted wireless access to the internet and you are responsible for the security of your devices and any transmissions made or received during your access, including if you permit another person to use your device or access the Stockland Free Wi-Fi Service with your device.
3.3 You are responsible for taking any necessary security precautions to protect your device and your data against the risks of hacking, viruses, eavesdropping, and all other such hazards, including encrypting confidential transmissions, backing up any data and installing a firewall.
3.4 Stockland takes no responsibility for the interception of any data that is transmitted using the Stockland Free Wi-Fi Service, including but not limited to credit card details, passwords or personal information. Such transmissions are made at your own risk.
4 Conditions of Access
4.1 Your use of the Stockland Free Wi-Fi Service must not:
a. introduce any viruses, worms, Trojan horses, cancelbots, time bombs, malicious software or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously or remotely intercept or expropriate any system, data or personal information;
b. violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
c. be defamatory, libellous, unlawfully threatening or harassing, or advocate, solicit or otherwise encourage violence against any person or body;
d. be obscene, or contain child pornography or other explicit material;
e. infringe any third party's copyright, patent, trademark, trade secret or other intellectual property rights; or
f. involve any attempt to access any data or system which you are not authorised to access.
5 Content
5.1 Stockland reserves the right, at its absolute discretion, to:
a. bar or revoke access to the Stockland Free Wi-Fi Service to anyone who is deemed to be in breach of these terms and conditions, or is behaving in an inappropriate manner, or for any other reason;
b. block access to any network protocols that are deemed inappropriate by Stockland or may contravene the Wi-Fi Terms and Conditions or the Privacy Policy, including but are not limited to those used by file sharing applications or any Bit-Torrent type of client or Peer to Peer applications;
c. block access to any sites it considers (in its complete discretion) inappropriate, including sites which contain or promote gambling, pornography, sexually explicit material, drug use, violence, terrorism, racial vilification, harassment or discrimination of any kind or spam or anything in breach of any law or regulation; and
d. apply any traffic shaping as deemed necessary to provide fair and stable access to all users of the Stockland Free Wi-Fi Service.
6 Investigation by Authorities
6.1 Stockland reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Stockland Free Wi-Fi Service, including co-operating fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via the Stockland Free Wi-Fi Service.
7 Limitation of Liability
7.1 The Stockland Free Wi-Fi Service is provided “as is” and “as available”. To the extent permitted by law, and subject to clause 7.2, Stockland does not make any representations or warranties about the Stockland Free Wi-Fi Services in respect of its accuracy, reliability, fitness for purpose or non-infringement.
7.2 To the maximum extent permitted by law, Stockland is not liable for, and you release Stockland from, any loss or damage, direct or indirect, (including but not limited to any indirect, special, indirect, consequential loss or damage) of any kind (including but not limited to loss of profits, revenue, opportunity, goodwill or reputation) arising out of or in connection with your access and use of the Stockland Free Wi-Fi Service. Stockland’s liability for breach of any warranty or condition which cannot be excluded is, to the extent permitted by law, limited to the resupply of the services supplied under this Agreement.
8 Alteration of Wi-Fi Terms and Conditions
8.1 Stockland reserves the right to vary these terms and conditions from time to time. Any revised terms and conditions will be made available at https://www.stockland.com.au/residential/vic/cloverton/WI-FI-terms-and-conditions
8.2 Your continued use of the Stockland Free Wi-Fi Service constitutes your binding acceptance of such revised terms and conditions. If you do not agree to the revised terms and conditions, you must not use the Stockland Free Wi-Fi Service.
9 Decisions final
9.1 Stockland’s decision relating to the Stockland Free Wi-Fi Service is final and no discussions or correspondence with you or any other person will be entered into.
10 Personal information and privacy
10.1 Stockland collects your personal information when you access the Stockland Free Wi-Fi Service, including but not limited to the type of device you are using to access the Stockland Free Wi-Fi Service, the time you are accessing the Stockland Wi-Fi Free Service and the amount of data you download. Stockland is bound by the Privacy Act 1988 (Cth), and will only collect, use, store and disclose your personal information in accordance with our Privacy Policy which is accessible at https://www.stockland.com.au/privacy-policy. You consent to Stockland collecting, using, storing and disclosing your personal information in accordance with the terms and conditions set out in the Privacy Policy.
10.2 If you access the Stockland Free Wi-Fi Service through your Facebook log-in, the information we collect may also include without limitation your Facebook Public Profile, Friend List, Email Addresses, Birthday, Current City and Likes/Interests. The type of information we will have access to will depend on your Facebook privacy settings which you can control through your Facebook account.
10.3 If you access the Stockland Free Wi-Fi Service through your Google account log-in, the information we collect may also include without limitation your name, email address, ID, gender, birthday and profile page. The type of information we will have access to will depend on your Google privacy settings which you can control through your Google account.
10.4 Stockland will use, store and disclose personal information collected or accessed through your Facebook or Google accounts in accordance with the Privacy Policy.
10.5 You acknowledge that Stockland will be able to track the location of the device which you use to connect to the Stockland Free Wi-Fi Service, and you consent to us doing so.
10.6 You acknowledge that any personal information provided by you is not sensitive information.
10.7 By accessing the Stockland Free Wi-Fi Service, you consent to Stockland using your personal information for, marketing, publicity, research and profiling purposes, including sending electronic messages, push notifications or Short Message Services or telephoning the Customer, and for such other purposes as set out in the Privacy Policy.
10.8 From time to time, Stockland may use your personal information to send you information about our products and services. If you do not want to receive communications from Stockland, you may opt-out by following the unsubscribe link contained in the communication, or by written notice to Stockland, at no cost to you.
10.9 More information, including your right to access or amend your information, is set out in the Privacy Policy available at https://www.stockland.com.au/privacy-policy.
11 Severability
11.1 If any of these terms is deemed to be unlawful, void or for any reason unenforceable then the provision may be severed from these terms and conditions and it will not affect the validity and enforceability of the remaining provisions.
12 Applicable law
12.1 These terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact our Privacy Officer using the details set out below:
Email: privacy@stockland.com.au; or
Post: Privacy Officer, Stockland, Level 25,133 Castlereagh Street, Sydney NSW 2000.
Last updated 30th July 2018
