Wifi Access Terms
Oporto Australia Free Wi-Fi Access
Welcome to the Oporto Australia Free Internet Hotspot (Hotspot). This Hotspot is provided to you free of charge by Oporto Franchising Pty Ltd (ABN 86 083 011 349) (Oporto Australia) in participating Oporto Restaurants that are enabled with a wireless local area network.
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 computer, mobile or other wireless enabled device used to access this Hotspot. You are responsible for providing your own computer or mobile device (wireless enabled device) that is capable of accessing a Hotspot with its own power source. Oporto Australia 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.
For more information and an FAQ about the Oporto Australia Free Wi-Fi please visit www.oporto.com.au. To be eligible to use this Hotspot, you simply need to access this Hotspot with your wireless enabled device and agree to accept these Terms and Conditions. Access to and use of this Hotspot is subject to the Terms and Conditions set out below. By accessing and using this Hotspot, you agree to accept these Terms and Conditions without limitation. Oporto Australia may at any time revise these Terms and Conditions. Since you are bound by these Terms and Conditions each time you access and use the 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 must not access or use this Hotspot. You may only utilise the Oporto Australia free Wi-Fi service for a 30 minute connection period and the device will be allowed to commence a new connection after 24 hours have passed.
Speed and Relizability of the Hotspot
This Hotspot provides you with free broadband internet access which can achieve maximum download speeds of up to 512Kb/s and maximum upload speeds of 256Kb/s. The speed and throughput of each Oporto Australia Hotspot 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 within the Oporto restaurant;
- Hotspot user traffic during time of access, general internet congestion, wireless signal interference and the location of your wireless enabled device within the Oporto restaurant whilst accessing the Hotspot.
- Oporto Australia will use reasonable endeavours to provide you with a reliable, stable and secure access to the Hotspot but does not promise that the access to the Hotspot will be continuous, fault-free, secure or accessible at all times.
- Oporto Australia 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.
- Without limiting any other provision of these Terms and Conditions, Oporto Australia will not be liable if the Hotspot access becomes unstable, unsecure, slow or unavailable for any reason whatsoever.
- Oporto Australia will use reasonable endeavours to monitor and attend to any Hotspot faults, malfunctions or other problems associated with the Hotspot access but 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 within any specified timeframe.
Logging In/Out of the Hotspot
You are not required to purchase any item or pay any fee to access the Hotspot.
Each Free Wi-Fi Hotspot location can only support a limited number of users accessing the Hotspot at any one time. Oporto Australia 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 will automatically be logged-out of the Hotspot, if:
- your access to the Hotspot is terminated by Oporto Australia in accordance with these Terms and Conditions;
- If you exceed the time allocation limit of 30 minutes from when you first log on to our Hotspot
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. Oporto Australia 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.
User Obligations and Limitations
The Hotspot is intended to be used in a fair and “community-minded” manner. To this end, Oporto Australia 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, Oporto Australia may block or limit access to websites and/or content that Oporto Australia considers is not “family friendly” or may bring negative exposure or harm to Oporto Australia’s reputation and/or brand.
This includes but is not limited to websites and/or content that:
- could cause Oporto Australia 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 Hotpot or Oporto Australia other networks or equipment;
- 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 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.
- Furthermore, Oporto Australia may immediately terminate and block your access to the Hotspot if you access or use the Hotspot in contravention of these Terms and Conditions, attempt to manipulate or bypass any limitations of the Hotspot by any means or behave in a vexatious, illegal, inappropriate, or unsociable manner (whether in an Oporto Restaurant or as a user of the Hotspot).
- 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 Oporto Australia’s sole discretion.
The internet is an inherently unsecure communication medium. Whilst Oporto Australia 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.
Without limiting any other provisions of these Terms and Conditions, Oporto Australia 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 Hotspot, including but not limited to any viruses you may become subject to during your use of the Hotspot.
Oporto Australia strongly recommends you install a personal firewall on your wireless enabled device to block unwanted traffic or downloads to your device.
Oporto Australia is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Oporto Australia will only collect, use and store your personal information for the purposes of delivering the Hotpot in accordance with applicable legislation and these Terms and Conditions. Without limiting the above, Oporto Australia advises that it will not capture or attempt to capture any personal information whilst you access and/or use the Hotspot without your consent. By accepting these Terms and Conditions, you give consent to Oporto Australia accessing, collecting and using the following information:
- Once you access the Hotspot and open your Internet Browser application to view a website, Oporto Australia 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.
- Oporto Australia will also collect and store the IP and MAC address of the wireless enabled device that has accessed the Hotspot, once the Terms and Conditions of access have been agreed to.
Limitation of Liability
Your access to and use of this Hotspot is entirely at your own risk.
Oporto Australia makes no warranties or representations as to the accessibility, security, stability or reliability of this Hotspot and Oporto Australia 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.
Neither Oporto Australia nor any other party involved in delivering the Hotspot 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 Hotspot for any reason whatsoever, even if Oporto Australia has been notified or advised of the possibility of such damages.
Oporto Australia 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.
Oporto Australia 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 Hotspot.
Oporto Australia 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.
Nothing contained in this clause shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to this Agreement of all or any of the provisions of the Competition and Consumer Act 2010 (as amended) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
Indemnity and Release
You agree to indemnify, release and hold harmless, Oporto Australia and its personnel, employees, agents or 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 breach of these Terms and Conditions.