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wifi terms and conditions

FREE WiFi Access TERMS AND CONDITIONS

Welcome to Perisher Blue Pty Limited’s (Perisher), Free Internet Hotspot (Hotspot).  By registering with Perisher’s Dashboard, this Hotspot is provided to you free of charge.

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 electronic device used to access this Hotspot.  You are responsible for providing your own wireless enabled device that is capable of accessing the Hotspot with its own power source.  Perisher will not provide power, information technology advice or helpdesk support 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.

Access to and use of this Hotspot is subject to the Terms & Conditions set out below.  By accessing and using this Hotspot, you agree to accept these Terms & Conditions without limitation.  Perisher may at any time revise these Terms & Conditions.  Since you are bound by these Terms & Conditions each time you access and use the Hotspot, 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 this Hotspot.

Speed and Reliability of the Hotspot

This Hotspot provides you with free broadband Internet Access.  The speed and throughput of the Hotspot will vary depending on a number of factors, including but not limited to:

  • The physical location of the wireless access points installed in the Perisher Valley Centre, Blue Cow Mountain Bistro, Powder Inn, Burning Log and Happy Jacks (The Station).
  • General internet congestion and contention.
  • User traffic during the time of access.
  • Wireless signal interference and the location of your wireless enabled device within locations listed above whilst accessing the Hotspot.
  • The capabilities of your wireless enabled device.
  • Other factors which may be beyond the control of Perisher

Perisher will use reasonable endeavours to provide you with a reliable, stable and secure access to the Hotspot but does not warrant that the access to the Hotspot will be continuous, fault-free, secure or accessible at all times.  Perisher 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 & Conditions, Perisher will not be liable if the Hotspot access becomes unstable, un-secured, slow or unavailable for any reason whatsoever.

Perisher 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

To be eligible to use this Hotspot, you are not required to purchase any item or pay any fee, however you must first register with Perisher Dashboard.  Access to Perisher Dashboard is granted via this Hotspot without challenge, if you have not previously registered.  By registering with Perisher Dashboard, you will be given a user name and password to use with Hotspot.  The User Name and Password will be visible on your Perisher Dashboard home page once you have logged on.  To continue utilising the Hotspot with your wireless enabled device, enter the user name and password given to you and agree to accept these Terms & Conditions.

The Hotspot can only support a limited number of users accessing the Hotspot at any one time.  The Hotspot is equipped to accommodate a maximum of 250 devices at any one time with an IP lease of 15 minutes.  Perisher does not warrant that you will be able to access and/or use the Hotspot immediately or each time you try to connect to the Hotspot.

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

  • Your access to the Hotspot is terminated by Perisher in accordance with these Terms & Conditions;
  • The wireless connection of the Hotspot 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 15 minutes whilst logged on to the Hotspot;
  • If you leave a 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 and/or be recoverable.  Perisher recommends that you save your work regularly whilst using the Hotspot and/or take the necessary precautions to prevent such occurrences.

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

User Obligations and Limitations

The Hotspot is intended to be used in a fair and "community-minded" manner.  To this end, Perisher may, in its complete, 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, Perisher may block or limit access to websites and/or content that Perisher considers is not "family friendly" or may bring negative exposure or harm to Perisher's reputation and/or brand.  This includes but is not limited to websites and/or content that:

  • May cause Perisher 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.
  • May interfere with the integrity and/or performance of the Hotpot or Perisher's other networks or equipment.
  • Depicts, alludes to or promotes offensive, illegal / criminal behaviour, 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.
  • Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind or promotes conduct that is abusive, threatening, obscene or defamatory against any group(s) or individual(s), including via social media sites.
  • Harasses or advocates harassment of another person or exploits people in a sexual or violent manner.
  • Contains nudity, violence, or offensive subject matter, which may contain links to adult websites, uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content.
  • Promotes an illegal or unauthorised copy of another person's copyrighted work (including but not limited to file sharing applications such as Bit-Torrent or peer to peer applications).
  • Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming", contains any viruses, malware, spyware, trojan horses, worms, time bombs 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.

Furthermore, Perisher may immediately terminate and block your access to the Hotspot if you access or use the Hotspot in contravention of these Terms & Conditions, attempt to manipulate or bypass any limitations of the Hotspot by any means or behave in a vexatious, illegal, inappropriate, or unsociable manner.

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 at Perisher's complete, absolute and sole discretion.

Security

The internet is an inherently insecure communication medium.  Whilst Perisher 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 & Conditions, Perisher 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, malware, spyware or loss of data you may become subject to during your use of the Hotspot.

Perisher strongly recommends you install a personal firewall and anti-virus and anti-spyware security software your wireless enabled device to block unwanted traffic or downloads to your device.

Privacy

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

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

Perisher 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 Hotspot) 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.

If you have any queries regarding Perisher’s collection and/or use of your personal information, you may visit Perisher’s privacy policy located at this URL: http://www.perisher.com.au/resort-information/privacy-policy.html .

Limitation of Liability

Your access to and use of this Hotspot is at your own risk.  Without limitation, Perisher makes no warranties or representations as to the accessibility, security, stability or reliability of this Hotspot and Perisher 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 Perisher 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 Perisher has been notified or advised of the possibility of such damages.

Perisher 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.

Perisher assumes no responsibility, and shall not be liable for, any damage to, or viruses, malware, etc that may infect your computer or wireless / mobile device or other property on account of your access to or use of the Hotspot.

Perisher 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.

Indemnity

You warrant and agree that you indemnify and will keep indemnified Perisher against any costs, damages, expense, loss or claims whatsoever suffered (either directly or indirectly) by Perisher to the extent it is caused or contributed to by you arising from your breach of these Terms & Conditions.