MiTownsville

Terms and Conditions

1. Introduction
   1. In these Terms and Conditions, a reference to “we”, “us”, or “our” is a reference to the Townsville City Council.
   2. A reference to “you” or “your” means both the owner and the authorised user of the computer or mobile device used to access this 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.
   3. We may at anytime and without notification revise these Terms and Conditions.
   4. If you do not agree to these Terms and Conditions, you must not access or use this Hotspot.
   5. Enquiries regarding these Terms and Conditions can be directed to the Townsville City Council Customer Service Centre on 13 46 10 during business hours.
   6. “Business Hours” are 8:30 am – 5pm, Monday to Friday excluding public holidays observed in the Townsville Local Government Area.
2. We will
   1. Provide a free internet access Hotspot on these Terms and Conditions.
   2. Provide an internet Hotspot that can support a limited number of users at any one time.
   3. Provide free broadband internet access of adequate speed but we give no warranty that your use of the Hotspot will achieve the maximum available.
   4. Use reasonable endeavours to provide you with a reliable, stable and secure access to the Hotspot.
   5. Acknowledge 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. If you need that level of service, you must use another provider.
   6. Use reasonable endeavours to monitor and attend to any problems associated with use of the Hotspot including faults and malfunctions, but cannot guarantee that a problem will be fixed within any particular time.
   7. Protect your privacy as much as we can, given the insecure nature of the internet. We 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. Upon accessing the Hotspot and opening your Internet Browser application to view a website, we will capture and process information regarding your web browser type and/or operating system 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. We 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 have been agreed to. We will not use the information we collect about you for any purpose other than the provision of internet access, and we will never sell your details to any third-party. If you have any queries regarding our collection and/or use of your personal information, view Townsville City Council's privacy policy.
   8. Have the right to immediately terminate and block your use of 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, or inappropriate manner.
   9. Have the right to at any time and without explanation or notification cease to offer this service.
3. We will not:
1. Promise that you will be able to access and/or use the Hotspot immediately or each time you attempt to do so.
2. Promise that the access to the Hotspot will be continuous, fault-free, secure or accessible at all times.
3. Give any warranty or representation as to the accessibility, security, stability or reliability of this Hotspot and we specifically disclaim 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.
4. Guarantee security of communication. The internet is an inherently insecure communication medium. 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.
5. Assume responsibility for, make any warranty or representation about, or be liable in respect of, your use of any third-party proprietary software.
6. Be liable for any damage (including viruses) to your computer, mobile device or other property.
7. Provide power, information technology advice or technical assistance to any user of the Hotspot.
8. Be liable, in any way, to you for any kind of direct, incidental, consequential, indirect, or punitive damages, or other loss arising out of your access to, or use of, or inability to use or access, the Hotspot for any reason whatsoever, even if Townsville Council City has been notified or advised of the possibility of such damages.
9. Be responsible for the content of any website accessed or used via the Hotspot
4. You:
1. By using the Hotspot, you agree to accept all of these Terms and Conditions and acknowledge that you are bound by these Terms and Conditions for each session of use. (A session is a continuous period of 24 hours.)
2. Accept to use the Hotspot in accordance with our statement of intent for the Hotspot to be used in a fair and "community-minded" manner which is considered to be "family friendly".  This includes but is not limited to avoiding activities, websites and/or content that:
1. could interfere with the integrity and/or performance of the Hotspot or other networks or equipment;
2. is patently offensive or promotes or advocates harassment, racism, bigotry, hatred or physical harm of any kind against any group or individual, including the promotion of  conduct that is abusive, threatening, obscene, defamatory or libellous;
3. contains violence or offensive subject matter or exploits people in a violent or offensive manner;
4. contains nudity or uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content or exploits people in a sexual manner or which may contain links to adult content or similar websites;
5. promotes an illegal or unauthorised copy of another person's copyrighted work;
6. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
7. depicts, alludes to or promotes illegal behaviour or furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
8. violates someone’s privacy;
9. could cause Townsville City Council to be in breach of any law, code or instrument which governs its conduct or could incur a liability to any third person or entity.
3. Acknowledge that your access to and use of the Hotspot including any website or network connection whilst using the Hotspot, is entirely at your own risk.
4. Are responsible for providing your own computer or mobile wireless enabled device that is capable of accessing a Hotspot with its own power source.
5. Are solely responsible for checking the terms of use and privacy policy of each website you visit and determining whether you accept those terms of use and/or privacy policies. We are 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 Hotspot) collects and/or uses your personal information.
6. Should install a personal firewall on your wireless enabled device to block unwanted traffic or downloads to your device.
7. Are not required to pay any fee to us to access the Hotspot.
8. Will be disconnected from the Hotspot automatically if:
1. your access to the Hotspot is terminated by us in accordance with these Terms and Conditions;
2. the wireless connection of the Hotspot you are accessing is lost or becomes out of range;
3. no activity is detected from your wireless enabled device for a continuous period of 30 minutes whilst connected to the Hotspot;
4. you leave the Hotspot;
5. you exceed the permissible session download limit of 500 MB.
9. If you are in the process of downloading a file and you are disconnected, your partially downloaded file may not be saved and/or be recoverable.
10. If you are disconnected from the Hotspot, we cannot guarantee that you will be able to reconnect immediately back to the Hotspot.
11. By using the Hotspot, agree to indemnify and hold harmless the Townsville City Council (including 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 and Conditions.