Burnside Village Free WiFi

Access to and use of Burnside Village Free WiFi (“the WiFi System”) is provided by or on behalf of Burnside Village Pty Ltd ACN 007 731 231 (“we”, “our”, “us”) and is subject to these Terms and Conditions of Use as amended by us from time to time (“Terms”). You should therefore review these Terms each time you access the WiFi System.

Last Updated: June 2026

By using the WiFi System you agree to be bound by these Terms without limitation. If you do not agree to these Terms, you will not be able to access or use the WiFi System.

Speed and Reliability

1. By agreeing with these Terms, you accept that we will use reasonable efforts to provide a WiFi service, but do not guarantee, warrant or represent that access to the WiFi System will be:
   1. available at all times;
   2. uninterrupted or error free;
   3. provided in accordance with any particular standard or service level;
   4. fit for a particular purpose;
   5. secure or secure from unauthorised third party access;
   6. free from viruses or other harmful code or components; or
   7. accessible, stable or reliable.
2. The WiFi System is not supplied for the purpose of, and is not suitable for supporting, any application or use which needs continuous, fault-free network connectivity or uninterrupted data flow.
3. We will use reasonable efforts to monitor and attend to any faults, malfunctions or other problems associated with access to the WiFi System, but will not be liable for any losses you incur if such faults, malfunctions or problems occur. Further, we will not be obliged to rectify any such faults, malfunctions or problems associated with access to the WiFi System within any specified timeframe.

Logging Onto/Off the WiFi System

1. To use the WiFi System, you simply need to access this network with your wireless-enabled device with its own power source, and agree to these Terms. You are not required to purchase any item or pay a fee to access the WiFi System. Each user is allowed one free browsing session of up to 6 hours. Following this period, the WiFi System will be automatically terminated.
2. To log out, you simply need to close the internet browser. You will also be logged off the WiFi System automatically if:
   1. We terminate your access in accordance with these Terms; or
   2. the WiFi connection you are accessing is lost, disconnected or becomes out of range.

Security

1. The internet is an inherently insecure medium of communication. We cannot guarantee the security of your data. It is possible that your data could be lost, damaged, or intercepted in transit using the WiFi System. We do not take responsibility for any loss of information uploaded, downloaded or otherwise communicated via the WiFi System, or any unauthorised access to your usernames, passwords, data or any other security-based information.
2. For the avoidance of doubt, the security of your device, equipment and data is not our responsibility. You are responsible for safeguarding against the risks of hacking, viruses, eavesdropping and all other such hazards. We will not be liable for any kind of loss or damage whatsoever and take no responsibility for any user data which traverses the WiFi System.

User Obligations and Limitations

1. The WiFi System is intended to be used in a community-minded manner. Users of the WiFi System agree to keep their activities legal and in good taste.
2. In using or accessing the WiFi System, you must not:
   1. cause us to be in breach of any applicable law, code or instrument or to incur a liability to any third person or entity;
   2. circumvent (or attempt to circumvent) any technical limitations we implement relating to the WiFi System;
   3. use the WiFi System to transmit viruses, Trojan horses, worms, time bombs or any other thing that may, without limitation, damage, delete, modify, interfere with or access any equipment, service or software, data or personal information of third parties;
   4. use the WiFi System to infringe the intellectual property rights of us or any third parties;
   5. use the WiFi System to access or transfer Prohibited Content;
   6. use the WiFi System to perform any Prohibited Activity; or
   7. use the WiFi System in excess of 20 megabytes per four hour period.
3. We reserve the right, in our absolute and sole discretion, to at any time and without notice or liability:
4. block access to any websites, applications or network protocols that we deem are inappropriate, contrary to law, or may contravene these Terms;
5. apply any such traffic-shaping deemed necessary to provide access to the WiFi System in a fair and stable manner to all customers; or
6. suspend, terminate or restrict access to the WiFi System or your access to the WiFi System, for any reason including, without limitation, your breach of the Terms, to comply with legal or regulatory obligations.
7. You must not use the WiFi System if you are less than 16 years of age.

Limitation of Liability

1. The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) provides non-excludable statutory guarantees, conditions or warranties for the supply of certain goods and services of a kind ordinarily acquired for personal, domestic or household use (“Statutory Terms”). Nothing in these Terms is taken to exclude, restrict or modify any right you may have under these Statutory Terms. However, to the extent permitted by law, we limit our liability for any breach of a Statutory Term to the cost of resupplying the WiFi System.
2. Further, to the extent permitted by law, we disclaim any liability or responsibility for any faults or failures, or any interruptions in availability, instability, quality, reliability, accuracy, timeliness, completeness, security or reliability of any communications (including transactions) made using the WiFi System.
3. To the extent permitted by law we and our related bodies corporate, related entities and employees, officers, directors, agents, consultants and sub-contractors, are not liable for any direct, indirect, incidental, or consequential loss or damage suffered in connection with or arising out of or in connection with your use of the WiFi System.

Indemnification

1. You indemnify us and our employees, officers, agents and contractors (each an “Indemnified Party” and collectively “the Indemnified Parties”) from and against any loss, damage, liability, charge, expense or cost (including all legal, defence and settlement costs on a full indemnity basis) suffered or incurred by an Indemnified Party which arises out of or in connection with your use of the WiFi System in breach of these Terms.

Privacy

1. We maintain a Privacy Policy which sets out how we handle your Personal Information and can be viewed at:

Burnside Village Privacy Policy

By accepting these Terms, you will be taken to have read our Privacy Policy.

Definitions

1. In this agreement:

“Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth).

“Prohibited Activity” includes, but is not limited to:

• making high volume data transfers;
• hosting a web server or any other server;
• sending unsolicited bulk e-mails;
• collecting other people's personal information without their knowledge;
• interfering with another person's use of the WiFi System;
• illegal activity; or
• accessing Prohibited Content.

“Prohibited Content” includes, but is not limited to, any website or content that we deem, in our absolute and sole discretion:

• could cause us to be in breach of any applicable law, code or instrument or to incur a liability to any third person or entity;
• could harm our reputation or brand;
• could interfere with the integrity and/or performance of the WiFi System or our networks or equipment;
• is offensive by reason of:
  • promoting racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promoting harassment of another person, group or entity;
  • exploitation of persons in a violent or sexual manner;
  • containing nudity, violence or linking to adult websites; or
  • being abusive, threatening, obscene, defamatory or libellous.

“You”, “your” or “user” refers to any person using a computer or mobile device to access the WiFi System.