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Melbourne Airport Wi-Fi terms of use

About Melbourne Airport Wi-Fi access

Welcome to a Melbourne Airport Internet Hotspot (Hotspot). Hotspots are provided to you by Australia Pacific Airports (Melbourne) Pty Ltd (ABN 62 076 999 114) (Melbourne Airport) in Terminal 2, Terminal 3 and Terminal 4 areas that are enabled with a wireless local area network.

Terms governing your use of the Hotspot

Access to and use of this Hotspot is subject to these Terms of Use (Terms and Conditions). This includes, as applicable, the additional terms which apply to the free and paid Wi-Fi services, which are located at the end of these Terms and Conditions.

Melbourne Airport may at any time revise these Terms and Conditions. Since you are bound by these Terms and Conditions each time you access and use a Hotspot, you should carefully review these Terms and Conditions each time you do so.

If you do not agree to these Terms and Conditions, you may not access or use this Hotspot.

For the purposes of these Terms and Conditions, any reference to 'you' or 'your' includes but is not limited to the owner and authorised user of the wireless enabled device used to access this Hotspot.

Connecting to the Hotspot

Each Hotspot location can only support a limited number of users accessing the Hotspot at any one time. Melbourne Airport does not warrant or represent that you will be able to access and/or use the Hotspot immediately or each time you visit a Hotspot.

You are responsible for providing your own computer or mobile device (which must be a wireless enabled device) that is capable of accessing a Hotspot with its own power source. Melbourne Airport does not provide power, 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.

Melbourne Airport does not guarantee that the Hotspot will be compatible with any devices or software which you may use to connect to the Hotspot.

Speed and reliability of the Hotspot

The speed and throughput of each 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 within Melbourne Airport; Hotspot user traffic during time of access, general internet congestion, wireless signal interference and the location of your wireless enabled device within Melbourne Airport whilst accessing the Hotspot.

Melbourne Airport will use reasonable endeavours to provide you with a reliable, stable and secure access to the Hotspot but, subject to the Statutory Guarantees referred to below, does not promise that the access to the Hotspot will be continuous, fault-free, secure or accessible. Melbourne Airport 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.

Melbourne Airport will use reasonable endeavours to monitor and attend to any Hotspot faults, malfunctions or other problems associated with the Hotspot access but, subject to the Statutory Guarantees, 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 at all or within any specified timeframe.

User obligations and limitations

The Hotspot is intended to be used in a fair and 'community-minded' manner. To this end, Melbourne Airport 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, Melbourne Airport may block or limit access to websites and/or content that Melbourne Airport considers are not 'family friendly' or may bring negative exposure or harm to Melbourne Airport's reputation and/or brand.

This includes but is not limited to websites and/or content that:

  • could cause Melbourne Airport to be in breach of any law or any 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 Hotspot or any of Melbourne Airport's other networks or equipment;
  • depicts, alludes to or promotes offensive or illegal behaviour;
  • is 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 libelous;
  • 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.

You must comply with all directions issued by Melbourne Airport relating to use and access to a Hotspot.

Access to and use of websites and/or content via the Hotspot 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 Melbourne Airport’s sole discretion.

Suspension and termination

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

  • you are in breach of these Terms and Conditions;
  • you attempt to manipulate or bypass any limitations of the Hotspot by any means;
  • you behave in a vexatious, illegal, inappropriate, or unsociable manner (whether in Melbourne Airport itself or as a user of the Hotspot);
  • we believe on reasonable grounds that there is a real risk of serious loss or damage to Melbourne Airport or a third party if we do not suspend, terminate or limit your access;
  • there is an emergency; or
  • there is an unusually high use of a Hotspot.

Automatic Logging Out

You will automatically be logged-out of the Hotspot if your access to the Hotspot is suspended or terminated by Melbourne Airport in accordance with these Terms and Conditions.

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 or recoverable. Subject to the Statutory Guarantees, Melbourne Airport is not liable for loss of your files or data and recommends that you save your work regularly whilst using the Hotspot and/or take the necessary precautions to prevent such occurrences.

Security

The internet is an inherently unsecure communication medium. Whilst Melbourne Airport 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.

Privacy

Melbourne Airport is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Melbourne Airport will only collect, use, hold and disclose your personal information for the purposes of delivering the Hotspot in accordance with applicable legislation, these Terms and Conditions and Melbourne Airport's privacy policy (which can be accessed at www.melbourneairport.com.au by clicking the privacy policy link).

By accepting these Terms and Conditions, you agree to Melbourne Airport collecting, holding and disclosing the following information:

  • the answers to any survey questions you provide in order to access the Hotspot;
  • 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;
  • your first name, email address and postcode;
  • location data at Melbourne Airport;
  • the IP and MAC address of the wireless enabled device that has accessed the Hotspot.

Melbourne Airport is not in any way responsible for the collection, storage, disclosure or use of your personal information by any third party (including but not limited to any website that you access and/or use through the Hotspot). 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 privacy policies.

If you have any queries regarding Melbourne Airport's collection and/or use of your personal information, you may visit www.melbourneairport.com.au and click the privacy policy link.

Intellectual property

These Terms and Conditions and any pages via which you access a Hotspot may contain material which is subject to intellectual property rights, including copyright. You acknowledge and agree that Melbourne Airport either owns or licences all such intellectual property rights and that nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights to you.

To the extent necessary, Melbourne Airport grants to you a non-exclusive, non-transferable and revocable licence to access and use the Hotspot and any related intellectual property rights, subject to these Terms and Conditions.

Limitation of Liability

Your use of a Hotspot under these Terms and Conditions may be subject to certain guarantees, warranties, terms and conditions imposed by the Australian Consumer Law set out in the Competition and Consumer Act 2010 (as may be amended from time to time) which that law expressly provides may not be excluded, restricted or modified (Statutory Guarantees). Nothing in these Terms and Conditions excludes, restricts or otherwise modifies the Statutory Guarantees.

Subject to the Statutory Guarantees, your access to and use of this Hotspot is entirely at your own risk, Melbourne Airport makes no warranties or representations as to the accessibility, security, stability or reliability of this Hotspot and Melbourne Airport 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.

Subject to the Statutory Guarantees, neither Melbourne Airport nor any other party involved in delivering the Hotspot is liable for any direct, incidental, consequential, indirect, or punitive losses or any loss of profit, revenue or data arising out of your access to, or use of, or inability to use or access, the Hotspot for any reason whatsoever, even if Melbourne Airport has been notified or advised of the possibility of such damages.

Melbourne Airport assumes no responsibility, and makes no warranty or representation in relation to, and shall not be liable to you in respect of your use of any third party proprietary software.

Subject to the Statutory Guarantees, Melbourne Airport assumes no responsibility, and shall not be liable for, any damage to, or viruses or other harmful code that may infect your computer or mobile device or other property on account of or in connection with your access to or use of the Hotspot.

Melbourne Airport 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.

Release

You agree to release and hold harmless, Melbourne Airport and its personnel, employees, agents and representatives, from and against all loss, damage, liability, charge, expense or cost  of any nature or kind arising from your use of a Hotspot or your breach of these Terms and Conditions, except to the extent that such loss, damage, liability, charge, expense or cost is caused or contributed to by the negligence of Melbourne Airport or the negligence of its personnel, employee, agents or representatives.

FREE Wi-Fi access

The terms in this section will only apply if you are accessing a free Hotspot at Melbourne Airport. For more information about Melbourne Airport Free Wi-Fi please click here.

You may utilise the Melbourne Airport free Wi-Fi service for a continuous period of up to 3 hours. After this time, you will automatically be logged-out of the Hotspot but (subject to you being able to access a Hotspot) you may log in again and begin a new session.

PAID Wi-Fi access

The terms in this section will only apply if you are accessing a paid Hotspot at Melbourne Airport.

To be eligible to use the paid Wi-Fi service, you must have an account with Melbourne Airport. On each occasion that you access the paid Wi-Fi service, you must pay the relevant fees to Melbourne Airport and agree to accept these Terms and Conditions.

The length of time for which you may utilise the paid Wi-Fi service will depend on the fees you pay. However, the maximum session length is 24 hours. After this time, you will automatically be logged-out of the Hotspot but you may log in again and begin a new session (subject to you being able to access a Hotspot and paying the relevant fees).

If you manually log-off from the service, your session will automatically end at this time.

If you experience a technical issue whilst using the paid Wi-Fi service, please contact the Melair Wi-Fi Customer Support Help Desk on 9297 1999 (Monday–Friday, 8:30am – 5:00pm AEST) or email [email protected]. As noted in the general terms above, Melbourne Airport will use reasonable endeavours to monitor and attend to Hotspot faults, malfunctions or other problems associated with Hotspot access but, subject to the Statutory Guarantees, 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 at all or within any specified timeframe.

Fees and payment

Current fees for use of the paid Wi-Fi service will be displayed before you access the service.

All prices are in Australian dollars and are GST inclusive.

All prices displayed are subject to change without notice by Melbourne Airport. Any change in price will apply at the start of your next session.

Melbourne Airport accepts most major credit cards including: Visa, MasterCard and American Express. The charges will appear on your credit card bill.

We may immediately suspend, terminate or limit your access to the Hotspot if you fail to pay any fees to Melbourne Airport.

Refunds

Once a Hotspot has been accessed and your purchase of the Wi-Fi services has commenced then, subject to the Statutory Guarantees, no refunds will be permitted unless, in Melbourne Airport's reasonable opinion, a technical problem (other than one caused by you or your device) resulted in you being unable to connect to the Hotspot.

Payment information

In order to use this service we will be required to collect your credit card details, however these will be automatically encrypted. This data will be disclosed to our third party merchant facility, in order to debit payment from your credit card for the agreed fee. Melbourne Airport will then forward a receipt to your nominated email address.

For more information regarding our use of your personal information, please see the section headed 'Privacy' above.

Member ID

Upon accessing the paid Wi-Fi service for the first time, you will be issued with a member ID. You must:

  • keep the member ID issued to you confidential;
  • immediately notify Melbourne Airport if you become aware that your member ID has become known by an unauthorised third party or of any unauthorised use. Notice provided by you under this clause does not release you from your responsibilities under these Terms and Conditions; and
  • comply with all directions issued by Melbourne Airport relating to your member ID.

You are liable for all fees incurred using your member ID, whether its use was authorised by you or not.