This is a free wireless internet service (“Service”) provided by Adelaide Airport Limited (“we”, “us”, “AAL”) for your use while you are at the Adelaide Airport terminal (“Terminal”). We may change these Terms at any time. You should therefore review these Terms each time you access the Service.

By accessing the Service you accept these terms and conditions as set out below (“Terms”).

Access to the Service

You are responsible for providing your own wireless enabled device capable of accessing the Service with its own power source. We are not obliged to provide power, advice or assistance for the Service.

We do not guarantee the accessibility, security, stability or reliability of the Service and we will not be liable if the Service is unsecure, unstable, slow or unavailable for whatever reason. The Service is not suitable for supporting any application which requires connectivity that is at a guaranteed speed, uninterrupted, fault-free or secure. We have no obligation to resolve faults in the Service within any specified timeframe. You are responsible for the security, confidentiality, privacy and backing up of any data you transmit using the Service.
You must comply with all directions from us relating to your use of the Service.

We may immediately suspend, terminate or limit your access to the Service if:

  1. you breach these Terms;
  2. you attempt to manipulate or bypass any limitations of the Services by any means;
  3. you behave in a vexatious, illegal, inappropriate, or unsociable manner (whether at the Terminal itself, or as a user of the Service);
  4. we have reasonable grounds to believe there is a risk of serious loss or damage to us or a third party if we do not suspend, terminate or limit your access;
  5. there is an emergency; or
  6. there is an unusually high use of the Service.

If your access to the Service is suspended or terminated, you will be automatically disconnected from the Service. Session time and download and upload limits may be applied to your use of the Service. These limits may be determined by us in our absolute discretion without notice to you.

Any files that you have open or are downloading when you are disconnected from the Service may be lost or corrupted. We are not liable for any loss of your files or data and you should implement appropriate measures (such as maintaining back-ups of your data) to prevent such loss from occurring.

Prohibited Use

The Service is intended to be used in a fair and community-minded manner. Accordingly, we may, but we are not obliged to, limit or block certain websites and/or content that you may seek to access while using the Service.

You must not use or attempt to use the Service:

  1. in a manner that may adversely affect AAL’s brand or reputation;
  2. for illegal purposes or practices;
  3. to access any website or content that contains nudity, violence, sexually suggestive imagery or content or offensive subject matter;
  4. in any way which damages or interferes (or threatens to damage or interfere) with the operation of the Service, or any of AAL’s other networks or equipment;
  5. in any way which makes it unsafe or which may damage any property or cause any person to suffer injury or death;
  6. to transmit, publish or communicate any material or engage in any conduct which is defamatory, abusive, menacing or harassing;
  7. to make inappropriate contact with children or minors;
  8. to access, store, reproduce, distribute, publish or commercially exploit any information or material of any kind that infringes any copyright, patent, trade mark, design or other intellectual property right;
  9. to send, relay or distribute any electronic data, the contents or properties of which have been manipulated for the purpose of maliciously or illegally impersonating or obscuring the original source of that data;
  10. to access, monitor, use or control any other person’s equipment, systems, networks or data (including usernames and passwords) or to otherwise probe, scan or test the vulnerability of any other person’s equipment, networks, systems or data;
  11. to access, or attempt to access, the accounts or private information of others, or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
  12. to use or distribute software with the intent of compromising the security of any network or system;
  13. to engage in any unreasonable activity which impairs the ability of other people or systems to use the Service or the Internet. This includes any malicious activity resulting in an adverse effect such as denial of service attacks against another network host or individual user, flooding of a network, overloading a service, improper seizing or abuse of operator privileges, and attempts to harm a system or network. For the avoidance of doubt, this clause does not capture an activity solely because it unintentionally contributes to network congestion;
  14. to access, store, reproduce, distribute or publish any content which is prohibited or unlawful under any Commonwealth, State or Territory law or classification system, or to provide unrestricted access to material that is unsuitable for minors;
  15. to send, allow to be sent, or assist in the sending of spam or distribute any software designed to harvest email addresses; or
  16. to sell or re-supply the Service.

Security

No data transmitted over the Internet is secure, and we do not warrant, and cannot ensure, the security or confidentiality of your data. You transmit data, access websites and/or content using the Services entirely at your own risk. You are solely responsible for information or data uploaded, downloaded or communicated using the Service. We recommend you install appropriate security software on your device to block unwanted traffic and potentially malicious files. You must use reasonable endeavours to secure the device used by you to access the Service against being used in breach of these Terms.

Liability

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services supplied from your use of the Service.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee). However, to the maximum extent permitted by law, AAL’s liability for breach of a Non-Excludable Guarantee is limited, at our option, to:

  1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  2. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods or of acquiring equivalent goods or having the goods repaired.

Without limiting our right to do so, we are not obliged to supervise, edit or control the content accessed through the Service. We disclaim all liability for material you access via the Service that you or any other reasonable person would find offensive, upsetting, defamatory or unsuitable for minors.
You agree to indemnify us, including AAL’s personnel, employees, agents and representatives, in respect of any loss, costs, liability or expense suffered or incurred by us as a result of:

  1. your use of the Service, including any material that you access or make available using the Service; or
  2. any breach of any aspect of these Terms, including but not limited to use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute intellectual property infringement.

Privacy Collection Statement

AAL collects your personal information when you access the Service. By accepting these terms, you agree to AAL collecting:

  1. information regarding your web browser, operating system and device;
  2. your name, email address and phone number;
  3. location data at Adelaide Airport;
  4. the addresses of the websites you visit; and
  5. the IP and MAC address of any device that you use to access the Service.

We collect the above information to ensure you access the Service in accordance with these Terms and so that we can optimise how certain webpages are displayed on your device.
If you do not provide us with this information, we will not be able to provide you with the Service.

We may disclose your personal information for the above purposes to third parties (such as our contractors who provide services to us and others as permitted or required by law). We will not usually disclose your personal information to recipients located overseas without your consent, except where required or permitted to do so by law.

AAL’s privacy policy contains information about how you may seek access to, or correction of, personal information that we holds about you, how you may complain about a breach of the Australian Privacy Principles by us and how we will deal with such a complaint. If you would like further information please contact our Privacy Officer by mail: Adelaide Airport Limited, 1 James Schofield Drive, Adelaide Airport, SA 5950; by telephone: +61 8 8308 9211; or by email: [email protected].

AAL is not responsible for the collection, storage, disclosure or use of your personal information by any third party (including any website you access while using the Service). You are responsible for checking the terms of use and privacy policy of each website you visit and determining whether you accept such terms and privacy policies.

General

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under the Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any part of the Terms is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions continue to apply in full force and effect. If a provision of this agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it unenforceable, illegal, invalid or void then that provision will be interpreted or construed, so far as is possible, to be limited and read down or severed to the extent necessary to make it or this agreement valid and enforceable.

The Terms are governed by the laws in force in the State of South Australia, Australia. In respect of all matters connected to the Terms, you irrevocably submit to the exclusive jurisdiction of the Courts of that jurisdiction.