Hola & welcome...
You are about to log onto a wireless internet access hotspot provided free of charge (San Churro FREE WI FI) by Venga Pty. Ltd. trading as Chocolateria San Churro. By using the San Churro FREE WI FI, you accept these terms and conditions, and any modifications that may be made to these terms from time to time. If you do not agree to the terms and conditions you may not use the San Churro FREE WI FI. By accessing the San Churro FREE WI FI, you acknowledge and agree that:
- While San Churro will use all commercially reasonable endeavours to provide a reliable, stable and secure WI FI service and ensure that the services is generally available, San Churro (a) makes no representation that the San Churro FREE WI FI (or any associated functions) will be available at all times or will operate at all times without error and (b) expressly disclaims any representations that the San Churro FREE WI FI will operate on a continual or error free basis. The San Churro FREE WI FI in whole or in part, or particular San Churro FREE WI FI functions, may be non-operational at any time for any reason (including because of any planned maintenance or unavailability of any service).
- The San Churro FREE WI FI provide free wireless internet access within San Churro stores, however they are not supplied for the purpose of, and are not suitable for supporting, any application or use which needs continuous fault free network connectivity and should not be used for business purposes.
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The San Churro FREE WI FI provide unencrypted wireless access to the Internet. You are responsible for the security of your system and any transmissions you make or receive and:
- You acknowledge that you understand the risks of unencrypted access to the Internet, and will take any necessary security precautions, including encrypting confidential transmissions, backing up any data and protecting your system with a firewall and robust user; and
- Security of your equipment and data, including safeguarding against the risks of hacking, viruses, eavesdropping, and all other such hazards, is your responsibility and not the responsibility of San Churro.
- San Churro does not take any responsibility for any user data which traverses the San Churro FREE WI FI Network. San Churro cannot guarantee that your data will not become lost, damaged, or intercepted in transit using this Internet connection and does not take responsibility if you lose any emails or any downloads or any other kind of transmission, or if someone gains access to your passwords, or for any other like circumstances.
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Your activities on the San Churro FREE WI FI Network must not:
- introduce any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- create any liability for San Churro or cause San Churro to lose (in whole or in part) the services of our suppliers;
- violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising);
- be defamatory, trade libellous, unlawfully threatening or harassing;
- be obscene or contain child pornography;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; or
- involve any attempt to access any data or system which you are not authorised to access.
- San Churro routinely monitors and logs communications over its networks for security, performance, and other purposes, and San Churro may access, monitor, audit, intercept and disclose any such communications, data or information in connection with your use of the San Churro FREE WI FI.
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San Churro may no make certain Internet services available, and may revoke your access to the San Churro FREE WI FI, at any time for any reason with or without notice to you. In particular, San Churro reserves the right to:
- Bar access to the San Churro FREE WI FI to anyone who is deemed to be in breach of the terms and conditions, or is behaving in an unsociable manner, or for any other reason;
- Block access to any network protocols that are deemed inappropriate by San Churro or may contravene these San Churro FREE WI FI terms and conditions of use, including but are not limited to those used by file sharing applications such as Limewire, eDonkey, Napster or any Bit-Torrent type of client or Peer to Peer applications; and
- Apply any such traffic shaping as is deemed necessary to provide access to San Churro FREE WI FI in a fair and stable manner to all San Churro customers
- AS A COMPLIMENTARY SERVICE, SAN CHURRO FREE WI FI ARE PROVIDED *AS-IS* AND *WHERE-IS,* WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED.
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TO THE EXTENT PERMITTED BY LAW, SAN CHURRO IS NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND CAUSED OR CONTRIBUTED TO BY YOUR USE OF THE SAN CHURRO FREE WI FI, INCLUDING ANY CONSEQUENTIAL LOSS OR DAMAGE IF LIABILITY CANNOT BE EXCLUDED BY LAW, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, TO YOU IS LIMITED TO A$100.00. IF LIABILITY CANNOT BE LIMITED OR EXCLUDED BY LAW, THEN TO THE EXTENT PERMITTED BY LAW, SAN CHURRO'S LIABILITY IS LIMITED TO THE FOLLOWING:
- IF THE BREACH RELATES TO GOODS, REPAIRING OR REPLACING THOSE GOODS OR PAYING THE COST OF HAVING THOSE GOODS REPAIRED OR REPLACED; and
- IF THE BREACH RELATES TO SERVICES, RESUPPLYING THOSE OR EQUIVALENT SERVICES OR PAYING THE COST OF HAVING THOSE SERVICES RESUPPLIED.
- TO THE EXTENT PERMITTED BY LAW, YOU INDEMNIFY SAN CHURRO, ITS RELATED BODIES CORPORATE, DIRECTORS, OFFICERS AND EMPLOYEES FROM ANY LOSS OR DAMAGE OF ANY KIND CAUSED OR CONTRIBUTED TO BY YOUR USE OF THE SAN CHURRO FREE WI FI.
- San Churro reserves the right to alter the terms and conditions stated in this document at any time and for any reason. Continued use of the San Churro FREE WI FI by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OF USE THE SAN CHURRO FREE WI FI.
- San Churro may collect personal information from you, including the type of device you are using to access the San Churro FREE WI FI, the time you are accessing the San Churro FREE WI FI, the amount of data you download, and your media access control address. Any personal data and other information provided by you will be processed by San Churro in accordance with the San Churro Privacy Policy available at http://www.sanchurro.com/resources/privacy-policy and in particular you agree that San Churro can collect, hold use and disclose our personal information (a) for the purpose of and incidental to your use of the San Churro FREE WI FI (b) to provide to third parties who provide services to us in relation to the San Churro FREE WI FI, including gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent use and (c) for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out above, we may transfer your personal information to others in countries outside Australia.