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Wi-Fi Terms of Use

ELIXR HEALTH CLUBS WI-FI - TERMS OF USE

1. OVERVIEW

1.1 – Please read these Terms that govern an individual’s use (described as ‘You, Your’ below) of the wireless local access network service (‘Wi-Fi’) where access is provided by Elixr Health Clubs, the trading name of Elixr Easts Holdings P/L (ABN: 84 111 634 747) (described as ‘Ourselves, We, Us’ below).

1.2 – If You do not agree to these Terms, You are not permitted to use the Wi-Fi and You should cease use immediately.

1.3 – By accessing the Wi-Fi, You warrant that you have read, understood and agreed to be bound by these Terms, and agree the Terms are a binding agreement between You and Us.

 

2. ACCESS

By accessing, logging on and using this Wi-Fi, You acknowledge, represent and agree that:

2.1 – Your use of this Wi-Fi is provided on an “as is”, “as available” basis, and to the extent permitted by law, without any warranties or representations of any kind (whether express or implied), is at Your own risk and sole discretion and You accept all associated risks by connecting to this Wi-Fi;

2.2 – This Wi-Fi may not be uninterrupted or error-free, and that viruses, worms, hacking, Trojan horses or other harmful applications may be available through this Wi-Fi, and We assume no responsibility for any damage caused to You as a consequence;

2.3 – This Wi-Fi should be used for occasional access to the internet only, and You should not rely on this as Your only means of access to the internet;

2.4 – You will be entirely responsible for ensuring your electronic device is backed up and that We are not liable for loss of any of your data or information, lost profits or interruption;

2.5 – Nothing in these Terms shall be construed as Us granting a licence or transfer of any intellectual property rights; and

2.6 – Elixr staff may provide support for the Wi-Fi service however our staff will not provide support for Your devices and software.

 

3. CONTENT

3.1 – You warrant that You will not use this Wi-Fi in any unauthorized manner to upload or download in any format any objectionable content, where ‘objectionable content’ means, and is not limited to:

a)  any intellectual property or material that you are not lawfully entitled to via law, contractual or fiduciary relationship;

b)  any abusive, obscene, deceptive, pornographic, adult-oriented, sexually explicit, sex education, abortion, racially offensive, ethnically inappropriate, cult, occult, derogatory, defamatory, slanderous, spam, junk mail, spyware, adware, bot nets, hacking, key loggers and monitoring, phishing and other frauds, illegal, criminal, weapons, unlawful, vulgar, violent, gambling, abusive drugs, peer to peer, open http proxies, games, personals and dating, intimate apparel, proxies, harmful, malicious, misleading, harassing, or threatening, and inappropriate content in any format.

 

4. CONDITIONS OF ACCESS

4.1 – This private Wi-Fi provided by Us is intended for Your limited personal, non-transferable, non-exclusive use in Elixr Health Clubs Bondi Junction, and You will not use it for any other purpose, such as, and not limited to:

a)  reselling / distributing the Wi-Fi and the password to a third party;

b)  making high volume or unreasonably excessive data transfers;

c)  hosting a web server or other server.

4.2 – Availability of Wi-Fi may be dependent on many factors including but not limited to:

a)  the suitability of Your electronic devices, or the software or configurations on those devices;

b)  limitation of maximum internet connection speeds on a per user basis (We do not guarantee minimum internet connection speeds or Wi-Fi quality);

c)  unavailability due to testing, system configuration changes, other technical, operational, legal limitations, or factors outside of Our reasonable control.

4.3 – We may potentially monitor Your use of this Wi-Fi, and reserve the right to collect, collate and use any data or device information which results from your use of this Wi-Fi in accordance with this Agreement.

4.4 – We may restrict access to certain sites We consider to be illegal, malicious, or inappropriate.

4.5 – We will discontinue, suspend, or terminate Your access to this Wi-Fi if You use it in violation of these Terms. Termination will not end those provisions capable of surviving termination.

 

5. LIMITATION OF LIABILITY 

5.1 – We do not guarantee the security of this Wi-Fi and unauthorised third parties may access Your electronic device and/or files or monitor Your connection while in transit over the internet or stored in Our systems.

5.2 – We do not exercise control over the sites You may visit and products You may use while using this Wi-Fi, and We take no responsibility for any transactions between You and a third party or actions taken by a third party.

5.3 – To the extent permitted by law, We and/or Our affiliates, officers, directors, employees, contractors, agents, vendors, disclaim and exclude any liability for costs or damages arising either directly or indirectly or of an incidental, consequential, indirect, or special damage of any nature from Your use of the Wi-Fi to You, regardless of the cause of action and whether or not it was foreseeable.

5.4 – You shall at all times indemnify Us and hold Us and Our affiliates, officers, directors, employees, contractors, agents, vendors, harmless from and against, and shall promptly reimburse them for, any and all loss, damage, claims, liabilities, settlements, costs and proceedings that We may incur or suffer arising out of or in connection with Your use of the Wi-Fi or out of or in connection with a breach of Terms by You.

 

6. TERMS AND LAWS 

6.1 – These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

6.2 – Elixr Health Clubs reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Wi-Fi, including, cooperating fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via the Wi-Fi.

6.3 – These Terms constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding the Wi-Fi. Any waiver of any provision of the Terms will be effective only if in writing and signed by Us.

6.4 – We may revise these Terms at any time, and it is Your responsibility to review the Terms for any changes each time You use Wi-Fi, and we advise You to save a copy for Your information.

 

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