Acceptable use of the service

Activities conducted online using the Gadens guest free wireless network (Guest Network) must not violate any applicable law or regulation or the rights of Gadens or any third party, and must not bring Gadens’ name or reputation into disrepute.

Gadens will cooperate fully with law enforcement upon receipt of notice that use of the Guest Network is in violation of applicable laws.  If you are unsure whether your use of the Guest Network and activities conducted online may violate these Terms and Conditions, you are advised to cease the activity immediately.

User obligations and limitations

The Guest Network is intended to be used in an appropriate manner.  Gadens may, at its discretion, block or limit access to certain websites that you may seek to access while using the Guest Network.

This includes but is not limited to websites and/or services that:

(a) could interfere with the integrity and/or performance of the Guest Network or Gadens’ other networks or equipment;

(b) contain any viruses, malware or other computer programming routines that may damage, modify, delete, detrimentally interfere with, or access without authority any Gadens system, data or personal information;

(c) provide access to, create, store, distribute or display offensive, pornographic or illegal text, graphics, audio or video;

(d) are used for online gambling;

(e) are used to harass or attempt to harass other people;

(f) are offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

(g) promote conduct that is abusive, threatening, obscene, defamatory or libellous; or

(h) further or promote any criminal activity or enterprise, or provide instructional information about illegal activities, including but not limited to:

(i) making or buying illegal weapons;

(ii) violating someone’s privacy, or

(iii) creating computer viruses or malware.

The Guest Network must not be used to stream or download TV, movies, share music, video or other files.

Gadens will take reasonable steps to make sure access through the Guest Network connection is secure, however we cannot guarantee the security of the Guest Network at all times.

You are solely responsible for any information or data uploaded, downloaded or otherwise communicated using the Guest Network, and are responsible for keeping all user names, passwords and other security based information secure and private at all times.

Gadens will not be responsible or liable for any kind of loss or damage incurred as a result of use of the Guest Network.

Gadens strongly recommends you install a personal antivirus and firewall on your wireless enabled device to block unwanted traffic and potentially malicious files.

Privacy

Gadens is committed to safeguarding personal privacy.  It recognises that individuals have a right to control how their personal information is collected and used.

Gadens will only collect, use and store your personal information for the purposes of delivering access to the Guest Network, monitoring conduct on the Guest Network, ensuring compliance with these Terms and Conditions, and reporting conduct on the Guest Network to third parties as permitted by law.

Gadens will collect and store the IP and MAC address of the wireless enabled device that has accessed the Guest Network, the date and time of access, the duration of access, domains and sites contacted or visited from that IP and/or MAC address, and, for the purpose of assuring compliance with these Terms and Conditions, metadata of any information, data or files transmitted to or from the Guest Network.

Gadens 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 Guest 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.

Gadens’ privacy policy (available at https://gadens.com/privacy-policy/) contains information about how you and other individuals can complain about a breach of the Australian Privacy Principles, and Gadens will deal with the complaint.

Limitation of liability

Gadens makes no warranties or representations as to the accessibility, security, stability or reliability of the Guest Network and 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), any damage to, or viruses that may infect your computer or mobile device or other property on account of your access to the Network.

Without limiting any other provisions of these Terms and Conditions, Gadens 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 Guest Network, including but not limited to any viruses your wireless device may become subject to during your use of the Guest Network.

Indemnity

You agree to indemnify and must defend and hold harmless, Gadens, its partners, employees and consultants, 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 use of the Guest Network or breach of these Terms and Conditions.

Reliability

Gadens will take reasonable action to provide reliable, secure and stable access to the Guest Network, but does not guarantee that the Network will be continuous, fault-free, secure or accessible at all times.

Gadens will not be liable if access to the Guest Network becomes unstable, unsecured, slow or unavailable for any reason whatsoever.

We encourage you to save your work regularly while using the Guest Network, and take precautions to prevent loss of information.

Gadens will take reasonable steps to monitor and attend to any faults, malfunctions or other problems associated with the Guest Network, but will not be liable if such faults, malfunctions or problems occur, and shall not be obligated to rectify any such faults within any specified timeframes.