TERMS AND CONDITIONS
This Hotspot is provided to you free of charge by Betta’s that are enabled with a wireless local area network, provided you are a customer of Betta's.
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 computer or mobile device used to access this Hotspot. You are responsible for providing your own computer or mobile device (wireless enabled device) that is capable of accessing a Hotspot. Betta does not provide information technology advice or assistance 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. Betta 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
The speed and throughput of each Betta's Stores Hotspot will vary depending on a number of factors, including but not limited to: The capabilities of your wireless enabled device; the physical location of the wireless access points in the Store; Hotspot user traffic during time of access, general internet congestion, wireless signal interference and the location of your wireless enabled device within the Store whilst accessing the Hotspot. Each Hotspot has a limited range and to gain optimal access, it is recommended that your computer or mobile device access the Hotspot within the confines of the Stores.
Betta will use reasonable endeavours to provide you with a reliable, stable and secure access to the Hotspot but does not promise that the access to the Hotspot will be continuous, fault-free, secure or accessible at all times. Betta 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, Betta will not be liable if the Hotspot access becomes unstable, un-secured, slow or unavailable for any reason whatsoever.
Betta 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 simply need to access this Hotspot with your wireless enabled device and agree to accept these Terms & Conditions. You are not required to purchase any item or pay any fee to access the Hotspot.
Each Betta's Stores Hotspot can only support a limited number of users accessing the Hotspot at any one time. Presently, each Hotspot is equipped to accommodate a maximum of 14 users at any one time. Betta does not promise that you will be able to access and/or use the Hotspot immediately or each time you visit a Betta's Stores that provides a Hotspot.
To log out (quit) using the Hotspot, you simply need to click the "Log Out" button displayed on the User Session Status Page and/or close your Internet Browser.
You will automatically be logged-out of the Hotspot, if:
* your access to the Hotspot is terminated by Betta 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 10 minutes whilst logged on to the Hotspot;
* if you leave a Hotspot;
* if you exceed the download limit of 50MB permissible for each Internet session whilst using this 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. Betta 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. Betta 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, Betta may, in its 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, Betta may block or limit access to websites and/or content that Betta considers is not "family friendly" or may bring negative exposure or harm to Betta's reputation and/or brand. This includes but is not limited to websites and/or content that:
* could cause Betta 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;
* could interfere with the integrity and/or performance of the Hotpot or Betta's other networks or equipment;
* depicts, alludes to or promotes offensive or illegal behaviour;
* is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* exploits people in a sexual or violent manner;
* contains nudity, violence, or offensive subject matter or which may contain links to adult websites;
* promotes conduct that is abusive, threatening, obscene, defamatory or libellous;
* promotes an illegal or unauthorised copy of another person's copyrighted work (including but not limited to file sharing applications such as Limewire, eDonkey, Napster or any other Bit-Torrent or peer to peer applications);
* involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
* furthers or promotes any criminal 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;
* contains any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs 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; or
* uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content.
Furthermore, Betta 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 (whether in a Betta Stores or as a user of the Hotspot).
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 in Betta's sole discretion.
The internet is an inherently insecure communication medium. Whilst Betta 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, Betta 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 you may become subject to during your use of the Hotspot.
Betta strongly recommends you install a personal firewall on your wireless enabled device to block unwanted traffic or downloads to your device.
Betta is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Betta 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, Betta advises that it will not capture or attempt to capture any personal information whilst you access and/or use the Hotspot without your consent.
Once you access the Hotspot and open your Internet Browser application to view a website, Betta will however capture and process information regarding your web browser type and/or operating system information as used by your wireless enabled device, in order to determine the most effective and/or customised way to display the requested webpage on your device.
Betta will also 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.
Limitation of Liability
Your access to and use of this Hotspot is at your own risk. Betta acknowledges however that certain statutory warranties may be implied under Division 2 Part V Trade Practices Act 1974 which cannot be excluded if goods or services are of a kind ordinarily acquired for personal, domestic or household use.
Without limiting the above, Betta makes no warranties or representations as to the accessibility, security, stability or reliability of this Hotspot and Betta 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 Betta 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 Betta has been notified or advised of the possibility of such damages.
Betta 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.
Betta assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer or mobile device or other property on account of your access to or use of the Hotspot.
Betta 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.
You agree to indemnify and must defend and hold harmless, Betta and its personnel, 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 breach of these Terms & Conditions.