Definitions
.Activation. occurs when the relevant Service is available for use by the Customer.
.Agreement. means these terms and conditions together with the Order.
.3Play Networks WiFi shall mean 3Play Networks PTY LTD
.Customer. shall mean any Customer of 3Play Networks WiFi in respect of the Service.
.Initial Period. shall mean the initial billing period as stated on the Customer.s Order.
.Minimum Term. shall mean the minimum period that the Customer must pay for the relevant Service. For the avoidance of doubt, this is 1 month.
.Notice. is the amount of notice you have to provide to terminate the service once the Minimum Term has been served and is 30 days for all services.
.Order. shall mean any request by the Customer to provide the Service.
.Service. shall mean the services or products offered by 3Play Networks WiFi and specified in the Order.
.Website. shall mean the website at http://3playnetworks.com.au
1 Customer Order
1.1 These terms and conditions apply to the Customer.s Order for the service.
1.2 3Play Networks WiFi reserves the right not to accept an Order at its discretion.
1.3 Services are provided in accordance with each Order.
1.4 Orders must not be considered as received or accepted by 3Play Networks WiFi unless the Customer has received acknowledgement by telephone or email from 3Play Networks WiFi.
2 Service Activation
2.1 3Play Networks WiFi will send confirmation by email to the Customer when the Order is accepted.
2.2 If the Service cannot be activated 3Play Networks WiFi will notify the Customer as soon as possible and the order will be cancelled.
3 Service Provision
3.1 Changes may be made to the technical specification of the Service from time to time; if these changes will detrimentally affect the Service, 3Play Networks WiFi will inform the Customer in advance.
4 Commencement and Term
4.1 Following Activation, the Service will be provided for a period equal to the Minimum Term. If the Customer cancels this Agreement during the Minimum Term they will be charged for the remainder of the Minimum Term.
4.2 Cancellation requires thirty days notice. This is in addition to the Minimum Term.
4.2.1 Any notification of termination by the Customer must given in writing to 3Play Networks WiFi and be authorised by the contact on the order or a staff member with suitable authority and must specify the Service and the date on which Service is to be terminated.
4.2.2 Termination notification by 3Play Networks WiFi to the Customer will be made by email to the contact stated on the Order.
4.2.3 The Customer must inform 3Play Networks WiFi if the contact needs updating.
5 Equipment
5.1 The Customer must use the equipment supplied by 3Play Networks WiFi to enable the service to function effectively and agrees not to tamper with or dismantle the equipment or related software in any way.
5.2 The Customer agrees not to install or use, or let any third party install or use, any device on your network with the intention of monitoring or intercepting data passing into or out of the 3Play Networks WiFi hardware.
5.3 Where appropriate 3Play Networks WiFi will work with Network Operators to enhance the mobile signal reach with signal boosting equipment.
6 Use of Service
6.1 The Customer is responsible for information or material which is transmitted or accessed via the Service. 3Play Networks WiFi is not responsible for information or material which is transmitted or accessed via the Service with the exception of the data accessible via the 3Play Networks WiFi management portal.
6.2 The management portal allows Customer to access data collected on the end users of the Service (ie on the end users who access the WiFi Service at the Customer.s venue). This data is only accessible by the Customer and will not be used by 3Play Networks WiFi i in a form which identifies any end user; 3Play Networks WiFi may use this information to provide general customer (this will not identify individual customers) analytics and trends to selected third parties.
6.3 The Customer agrees to use any customer data provided by 3Play Networks WiFi in accordance with all quidelines and regulations covering the use of customer data including but not limited to the Data Protection Act and direct marketing guidelines.
6.4 The Customer shall not use the Service or allow others to use the service in connection with the carrying out of any fraudulent, criminal or any other illegal activity, to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, confidence, privacy or any other rights, to cause annoyance or needless anxiety, to send or provide or, knowingly receive responses to, any spam or unsolicited advertising or promotional material, to knowingly or recklessly transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by 3Play Networks WiFi or other Internet users in a manner which restricts or inhibits any other user from using or enjoying 3Play Networks WiFi s products or services.
6.5 3Play Networks WiFi does not monitor or control any of the material that is transmitted or accessed via the Service (apart from the data appearing in the 3Play Networks WiFi customer portal). The Customer should ensure that any person using the service is familiar with and accepts the content of these terms.
7 Service Suspension and Alteration
7.1 3Play Networks WiFi may suspend the provision of the Services or any part thereof, with no liability to the Customer for any loss or damages the Customer suffers as a consequence of such suspension, if and to the extent that 3Play Networks WiFi has reasonable grounds to believe that the Services are being used in breach of Clause 6, or temporarily, for operational or technical reasons or the Customer does not pay 3Play Networks WiFi.s invoices when due. 3Play Networks WiFi shall give the Customer as much notice of a suspension as is reasonably practicable in these circumstances.
7.2 3Play Networks WiFi shall be entitled to terminate or modify the Service, without any liability whatsoever, if any licence or authorisation which 3Play Networks WiFi requires in order to provide the Service is not obtained, withdrawn or otherwise cancelled; in the event of a modification that is detrimental to the Service the Customer shall have the right to terminate this Agreement by giving Notice in writing in accordance with Clause 4.
8 Charges and Credit Terms
8.1 3Play Networks WiFi accepts payment by most debit cards & credit cards.
8.2 On acceptance of the order 3Play Networks WiFi shall invoice the Customer for the set up charges and the Initial Period of the services.
8.3. Credit card payments are handled by industry leading Payment Gateway Provider and they have highest level of PCI DSS Compliance and are audited regularly to ensure that its high level of security and customer protection is maintained
9 Termination
9.1 3Play Networks WiFi may terminate this Agreement by notice; such notice to take effect forthwith if the Customer has not paid following suspension under clause 8, the Customer has committed a material breach of this Agreement, the Customer fails to pay its debts when they become due or any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against the Customer, or for the Customer.s winding-up or dissolution, or any similar action or steps are taken in relation to the Customer and such action or steps are not withdrawn within 30 days; or any administrator, administrative or other receiver or trustee or similar officer is appointed over the Customer or any steps are taken to do the same to the Customer.
9.2 The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either of 3Play Networks WiFi or the Customer accruing up to such date.
10 Data Protection
11.1 3Play Networks WiFi shall be entitled to store and process personal data provided on the Order form for its internal use and for the purposes of providing the Service. The Customer has the right to request a copy of information relating to the Customer that is held by 3Play Networks WiFi, by written request to 3Play Networks WiFi and the Customer may change appropriate personal information relevant to them held by 3Play Networks WiFi at any time, by advising 3Play Networks WiFi in writing.
11.2 From time to time 3Play Networks WiFi may contact the Customer about similar products and services which we believe may be of interest to Customer. If the Customer does not wish 3Play Networks WiFi to contact them, it is their responsibility to inform 3Play Networks WiFi.
12 Liability
12.1 3Play Networks WiFi gives no warranty and makes no representation in respect of the Services including, without limitation, the availability of such Services save as specified in the Terms and Conditions and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such Services.
12.2 3Play Networks WiFi shall not be liable to the Customer whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the appointment of the Customer and/or the use of the Services for loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, downtime and any damage relating to the procurement by the Customer or third party Customer of any substitute services.
12.3 For the avoidance of doubt, neither the types of loss and/or damage specified in clauses 12.1 or 12.2 inclusive nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.
12.4 Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.
13 Force Majeure
No failure or omission by 3Play Networks WiFi to carry out or observe any of the terms and conditions of this Agreement shall give rise to any claim against 3Play Networks WiFi or be deemed a breach of this Agreement if such failure or omission arises from a cause of force majeure or any other cause beyond the reasonable control of 3Play Networks WiFi.
14 Miscellaneous
14.1 No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or other matter, non-compliance or breach.
14.2 This Agreement represents the entire understanding between the parties in relation to the matters dealt with herein and supersedes all previous covenants and representations made by either party, whether oral or written. This Agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party hereto.
15 Security
15.1 The internet is an inherently insecure communication medium. Whilst 3Play Networks WiFi 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.
15.2 Without limiting any other provisions of these Terms & Conditions, 3Play Networks WiFi 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.
15.3 3Play Networks WiFi strongly recommends you install a personal firewall on your wireless enabled device to block unwanted traffic or downloads to your device.