Hotspot Terms and Conditions

Sawtell RSL FREE Wi-Fi Access

Welcome to the Sawtell RSL Free Wireless Internet network. This wireless network is provided to you free of charge by the Sawtell RSL Club.

For the purposes of these Terms & Conditions, any reference to “you” or “your” includes but is not limited to the owner and authorised user of the computer or mobile device used to access this wireless network. You are responsible for providing your own computer or mobile device (wireless enabled) that is capable of accessing the wireless network with its own power source. Sawtell RSL does not provide power, information technology advice or assistance to any user of the wireless network. You must not use the wireless network under any circumstances if you do not have express permission of the lawful owner of the wireless enabled device.

Access to and use of this wireless network is subject to the Terms & Conditions set out below. By accessing and using this wireless network, you agree to accept these Terms & Conditions without limitation. Sawtell RSL may at any time revise these Terms & Conditions. Since you are bound by these Terms & Conditions each time you access and use the wireless network, you should carefully review these Terms & Conditions each time you do so. If you do not agree to these Terms & Conditions, you must not access or use the wireless network.

Speed and Reliability of the wireless network

This wireless network provides you with free broadband internet access which can achieve maximum download speeds of up to 1 Mb and maximum upload speeds of 2,000Kb. The speed and throughput of the Sawtell RSL wireless network will however 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; network user traffic during time of access, general internet congestion, wireless signal interference and the location of your wireless enabled device whilst accessing the network.

The wireless network has a limited range and to gain optimal access, it is recommended that your computer or mobile device access the network within the confines of the following areas with Sawtell RSL;

  •  Oasis Bar
  •  Bistro
  •  Café
  •  Norm Rowland Bar

Sawtell RSL will use reasonable endeavours to provide you with a reliable, stable and secure access to the wireless network but does not promise that the access to the network will be continuous, fault-free, secure or accessible at all times. Sawtell RSL advises that this wireless network access is not suitable for supporting any application or use which requires continuous, fault-free wireless network connectivity or uninterrupted data traffic flow. Without limiting any other provision of these Terms & Conditions, Sawtell RSL will not be liable if the wireless network access becomes unstable, un-secured, slow or unavailable for any reason whatsoever.

Sawtell RSL will use reasonable endeavours to monitor and attend to any wireless network faults, malfunctions or other problems associated with network access but will not be liable if such faults, malfunctions or problems occur with the wireless network and shall not be obligated to rectify any such faults, malfunctions or problems associated with the wireless network within any specified time frame.

Logging In/Out of the Wireless network

To be eligible to use this wireless network, you simply need to access this network with your wireless enabled device and agree to accept these Terms & Conditions. You are not required to purchase any item or pay a fee to access the wireless network. Sawtell RSL does not promise that you will be able to access and/or use the wireless network immediately or each time you visit Sawtell RSL.
To log out (quit) using the wireless network, you simply need to click the “Log Out” button displayed on the User Session Status Page and/or close your Internet Browser.

You will automatically be logged-out of the wireless network, if:

  • your access to the wireless network is terminated by Sawtell RSL in accordance with these Terms & Conditions;
  • the wireless connection for the network you are accessing is lost, disconnected or becomes out of range;
  •  no activity is detected from your wireless enabled device for a continuous period of 10 minutes whilst logged on to the wireless network;
  • if you exceed the download limit of 100Mb and/or 3 hours connection time permissible for each Internet session whilst using this wireless network.

If you are in the process of downloading a file and you are automatically logged-out of
the wireless network, your partially downloaded file will not be saved and/or be
recoverable. Sawtell RSL recommends that you save your work regularly whilst using the
wireless network and/or take the necessary precautions to prevent such
occurrences.

If you are automatically logged-out of the wireless network, you will need to log-in again
to gain access to the wireless network. Sawtell RSL cannot guarantee that you will be
able to immediately log back in to the wireless network in the event that you are
automatically logged out.

User Obligations and Limitations

The wireless network is intended to be used in a fair and “community-minded” manner.
To this end, Sawtell RSL may, in its absolute and sole discretion, limit or block certain websites and/or content that you may seek to access whilst using the wireless network.
Without limiting its rights, Sawtell RSL may block or limit access to websites and/or
content that Sawtell RSL considers is not “family friendly” or may bring negative
exposure or harm to Sawtell RSL reputation and/or brand. This includes but is not limited
to websites and/or content that:

  • could cause Sawtell RSL to be in breach of any law, 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 wireless network;
  • depicts, alludes to or promotes offensive or illegal behaviour;
  • is patently 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 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.

Furthermore, Sawtell RSL may immediately terminate and block your access to the
wireless network if you access or use the wireless network in contravention of these
Terms & Conditions, attempt to manipulate or bypass any limitations of the wireless
network by any means or behave in a vexatious, illegal, inappropriate, or
unsociable manner (whether in Sawtell RSL or as a user of the wireless network).

Access to and use of websites and/or content 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 Sawtell RSL sole discretion.

Security

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

Without limiting any other provisions of these Terms & Conditions, Sawtell RSL shall
not, in any way, be liable to you for any kind of loss or damage incurred as a result of
your use of the wireless network, including but not limited to any viruses you may
become subject to during your use of the wireless network.

Sawtell RSL strongly recommends you install a personal firewall and an Anti-Virus
program on your wireless enabled device to block unwanted traffic or downloads to your
device.

Privacy

Sawtell RSL is committed to safeguarding personal privacy. It recognises that individuals
have a right to control how their personal information is collected and used. Sawtell RSL
will only collect, use and store your personal information for the purposes of delivering
the wireless network in accordance with applicable legislation and these Terms &
Conditions. Without limiting the above, Sawtell RSL advises that it will not capture or
attempt to capture any personal information whilst you access and/or use the wireless
network without your consent.

Once you access the wireless network and open your Internet Browser application to
view a website, Sawtell RSL will however capture and process 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.

Sawtell RSL will also collect and store the IP and MAC address of the wireless enabled
device that has accessed the wireless network, once the Terms & Conditions of access
have been agreed to.

Sawtell RSL is not in any way responsible for how any third party (including but not
limited to any website that you access and/or use through the wireless network) collects
and/or uses your personal information.  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/or privacy policies.

Limitation of Liability

Your access to and use of this wireless network is at your own risk. Sawtell RSL
acknowledges however that certain statutory warranties may be implied under Division 2
Part V Trade Practices Act 1974 which cannot be excluded if goods or services are of a
kind ordinarily acquired for personal, domestic or household use.

Without limiting the above, Sawtell RSL makes no warranties or representations as to the
accessibility, security, stability or reliability of this wireless network and Sawtell RSL
specifically disclaims any liability or responsibility for any wireless network faults,
failures or interruptions or the accuracy, timeliness, completeness, security or reliability
of any communications (including, without limitation, any transactions) made using the
Wireless network.

Neither Sawtell RSL nor any other party involved in delivering the wireless network is
liable for any direct, incidental, consequential, indirect, or punitive damages arising out
of your access to, or use of, or inability to use or access, the wireless network for any
reason whatsoever, even if Sawtell RSL has been notified or advised of the possibility of
such damages.

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

Sawtell RSL assumes 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 wireless network.

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

Indemnity

You agree to indemnify and must defend and hold harmless, Sawtell RSL 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 your breach of these Terms & Conditions.