For the purposes of these Terms & Conditions, any reference to “you” or “your” includes, but is not limited to, the owner and/or user of the computer, mobile or electronic device used to access this WIFI Hotspot. Any reference to “We” “our” or “The Coffee Club”, means The Coffee Club Franchising Pty Ltd and each and all of our related entities, associates, franchisees, managers and these parties employees.

The WIFI Hotspot is available at all participating The Coffee Club Stores and is provided subject and conditional upon the terms set out herein.

You are responsible for providing your own computer, mobile or electronic device, being a wireless enabled device, that is capable of accessing a Hotspot with its own power source. The Coffee Club does not provide any information technology advice or assistance to any user of the WIFI Hotspot.

Access to and use of this Hotspot is subject to these Terms & Conditions. By accessing and using this WIFI Hotspot, you agree that you have read, understood and accepted each and all these Terms & Conditions without limitation or reservation. If you do not agree to any of these terms you must not access and/or use the WIFI Hotspot.

Revised Terms & Conditions

The Coffee Club may at any time revise these Terms & Conditions. It is your responsibility to check these Terms & Conditions for any updates. Any continued use after any revision of these Terms & Conditions is deemed acceptance of the current Terms & Conditions at that time.

These Terms & Conditions can to be found at http://www.coffeeclub.com.au/terms-and-conditions/ and at the relevant The Coffee Club Store where the WIFI Hotspot is available.

Speed and Reliability

The speed and reliability of the WIFI provided will vary depending on a number of factors, including but not limited to:

(a) The capabilities of your wireless enabled device;
(b) The physical location of the wireless access points;
(c) User traffic during time of access;
(d) General internet congestion; and
(e) Wireless signal interference and Location of your wireless enabled device.

The Coffee Club does not represent or guarantee that access to the WIFI Hotspot will be continuous, fault-free, secure or accessible at all times.

The Coffee Club advises that this WIFI Hotspot access is not suitable for supporting any application or use, which requires continuous, fault-free network connectivity or uninterrupted and/or secure data traffic flow.

The Coffee Club will use its reasonable endeavors to monitor and attend to any WIFI Hotspot faults, malfunctions or other problems associated with the WIFI Hotspot access, but will not be liable for any faults, malfunctions or problems that occur with the WIFI Hotspot, and shall not be obligated to rectify any such faults, malfunctions or problems associated with the WIFI Hotspot within any specified timeframe.

User Obligations and Limitations

The WIFI Hotspot is intended to be used in a fair and “community-minded” manner. To this end, The Coffee Club may, in its absolute and sole discretion, limit or block certain websites, content and/or internet applications that you may seek to access whilst using the WIFI Hotspot.

Security

The Internet is an inherently insecure communication medium. Whilst The Coffee Club will use reasonable endeavors to provide secure access through this WIFI Hotspot, it cannot guarantee the security of the WIFI Hotspot at all times.

You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the WIFI 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, The Coffee Club shall not, in any way, be liable to you for any kind of loss, cost, claim or damage incurred as a result of your use of the WIFI Hotspot, including but not limited to any viruses you and/or any other party may become subject to during or as a result of your use of the WIFI Hotspot.

The Coffee Club recommends the use of personal firewalls on your wireless enabled device to block unwanted traffic or downloads to your device.

Privacy

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

The Coffee Club has established and operates according to The Coffee Club Privacy Policy set out at http://www.coffeeclub.com.au/privacy-policy.

The Coffee Club will only collect, use and store your personal information for the purposes of delivering the WIFI Hotpot in accordance with applicable legislation and these Terms & Conditions.

The Coffee Club will collect and store the IP and MAC address of the wireless enabled device that has accessed the Hotspot, once agreement by the user of the Terms & Conditions have been reached, this agreement being confirmed via your logging on to the WIF Hotspot.

The Coffee Club is not in any way responsible for how any third party (including but not limited to any website or other internet or electronic application that you access and/or use through the WIFI 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.

Limitation of Liability

The Coffee Club makes no warranties or representations as to the accessibility, security, stability or reliability of this WIFI Hotspot and specifically disclaims any liability or responsibility for any WIFI Hotspot 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, mobile or electronic device or other property on account of your access to the WIFI Hotspot.

Indemnity

You agree to indemnify and must defend and hold harmless, The Coffee Club and its personnel, from and against all loss, damage, liability, charge, expense and 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 & Conditions.