1. Background
Murrays Australia Pty Limited (ACN 008 468 666) t/a Murrays Coaches Buses & Limousines ("Murrays") may provide you access to Murrays wireless local area network "Wi-Fi" on board its vehicles ("Murrays Wi-Fi Service").
By requesting, being granted access to or by using the Murrays Wi-Fi Service you accept these Terms of Use without qualification. If you are not 18 years of age or older you must only accept these Terms of Use with your parent or guardian's consent.
You represent and warrant to Murrays that you are:
(a) 18 years or older and have the power and authority to enter into and perform your obligations under these Terms of Use; or
(b) under the age of 18 years old and have your parent or guardian's consent to enter into and perform your obligations under these Terms of Use.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT REQUEST ACCESS TO OR USE THE MURRAYS WI-FI SERVICE.
2. The Service
Use of the Murrays Wi-Fi Service is complimentary for passengers travelling on Murrays vehicles. As a complimentary service, the Murrays Wi-Fi Service is provided "as-is" and "where-is," and to the extent permitted by law, without any warranties, conditions or guarantees express or implied.
The Murrays Wi-Fi Service provides unencrypted wireless access to the Internet. You are responsible for the security of your system, device you use to access the Murrays Wi-Fi Service and any transmissions you make or receive and:
(a) you are liable for all use of the Murrays Wi-Fi Service that occurs in connection with your device, including if you permit another person to use your device or access the Murrays Wi-Fi Service and the Internet via your device;
(b) you acknowledge a Wi-Fi service by its nature is prone to network congestion, connection interruption and unexplained outages;
(c) you are fully responsible for your activities while using the Murrays Wi-Fi Service (including for any content, information and other materials you access or transmit via the Murrays Wi-Fi Service) and you agree that you bear all risks regarding your use of the Murrays Wi-Fi Service;
(d) 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 and device with a firewall;
(e) you agree that security of your equipment, device and data, including safeguarding against the risks of hacking, viruses, eavesdropping, and all other such hazards, is your responsibility and not the responsibility of Murrays;
(f) you acknowledge the Internet contains a variety of materials and information that may be offensive to you and that you assume full responsibility and risk of use of the Murrays Wi-Fi Service and the Internet. You further acknowledge you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online; and
(g) you acknowledge and agree Murrays cannot verify or guarantee the accuracy of the information provided to you through the Murrays Wi-Fi Service, and we do not control the information provided by others that is made available through use of the Murrays Wi-Fi Services.
Your activities on the Murrays Wi-Fi Service (including sending, receiving, downloading or printing any material using the Murrays Wi-Fi Service) must not:
(a) introduce any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(b) create any liability (civil or criminal) for Murrays or any third party provider or cause Murrays to lose (in whole or in part) the services of our suppliers;
(c) violate any law, statute or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(d) be defamatory, libellous, unlawfully threatening or harassing, or advocate or otherwise encourage violence against any person, group or organisation;
(e) be obscene or contain child pornography;
(f) infringe any third party's intellectual property rights, including copyright, patent, trademark, trade secret or other proprietary rights;
(g) impose an unreasonable or disproportionately large load on any systems or infrastructure; or
(h) involve any attempt to access any data or system, service or communication which you are not authorised to access.
Murrays routinely monitors and logs communications over its networks for security, performance, and other purposes. Murrays may access, monitor, audit, intercept and disclose any such communications, data or information in connection with your use of the Murrays Wi-Fi Service for such purposes.
MURRAYS MAY MAKE CERTAIN INTERNET SERVICES UNAVAILABLE, AND MAY, IN ITS ABSOLUTE DISCRETION, REVOKE YOUR ACCESS TO THE MURRAYS WI-FI SERVICE, AT ANY TIME AND FOR ANY REASON WITH OR WITHOUT NOTICE TO YOU.
In particular, Murrays reserves the right to:
(a) exclude access to the Murrays Wi-Fi Service to anyone who is making a disproportionate use of the Murrays Wi-Fi Service or is deemed to be in breach of these Terms of Use, or is behaving in an unsociable manner, or for any other reason;
(b) block access to any network protocols that are deemed inappropriate by Murrays or may contravene these Terms of Use, including but not limited to those used by file sharing applications or any Bit-Torrent type of client or Peer to Peer applications; and
(c) apply any traffic shaping or network allocation controls deemed necessary to provide fair and stable network access including but not limited to connection time limits or user bandwidth allocation.
3. Liability
Murrays will use reasonable commercial endeavours to provide a reliable and stable Wi-Fi service. To the extent permitted by law, Murrays makes no warranty, condition or guarantee the Murrays Wi-Fi Service is continually available or will operate without error. The Murrays Wi-Fi Service in whole or in part may be non-operational at any time for any reason including system error, maintenance or unavailability of a third party service.
Murrays does not take any responsibility for any user data which traverses the Murrays Wi-Fi Service network. Murrays cannot guarantee that your data will not become lost, damaged, or intercepted in transit using this Internet connection. Accordingly, any information which you transmit using the Murrays Wi-Fi Service, including for example, credit card details or personal information, is transmitted at your own risk and Murrays is not responsible while such information is in transit.
To the extent permitted by law, Murrays nor any third party provider is liable to you for any loss or damage of any kind caused or contributed to by your use of the Murrays Wi-Fi Service, including, but without limitation, special, direct, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems.
Other than the measures referred to in these Terms of Use, we do not control information transmitted over the Murrays Wi-Fi Service and you release us from any liability arising out of your use of the Murrays Wi-Fi Service, including the transmission of that information to or from you and your use of it.
4. Australian Consumer Law
Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the "Australian Consumer Law") or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, the liability of Murrays for a breach of a non-excludable guarantee referred to in the above paragraph is limited, at Murrays option, to: (a) in the case of goods, any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or (b) in the case of services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
5. Privacy
To access Murrays Wi-Fi Service you may need to enter your email address, name or register via a third party authentication.
Murrays may collect personal information from you, including the type of device you are using to access the Murrays Wi-Fi Service, the time you are accessing the Murrays Wi-Fi Service, the amount of data you download, your IP address and your media access control address.
Any personal data and other information provided by you (whether personal information of you or another individual which you warrant you have the necessary consents to provide) may be collected, used and processed by Murrays for the purposes contemplated by these Terms of Use and otherwise for the purposes set out in Murrays Privacy Policy available at https://www.murrays.com.au/about-murrays/privacy-policy/.
By providing any such personal data or other information to us you agree that Murrays can collect, hold, use and disclose your personal information as set out in these Terms of Use, Murrays Privacy Policy and in accordance with applicable privacy laws, including providing your information to regulatory authorities and any third parties who provide services to us in relation to the Murrays Wi-Fi Service such as gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent use. You must not provide any personal information of another individual unless you first make them aware of the Murrays' Privacy Policy and have obtained their consent to provide such personal information.
6. General
If any of these Terms of Use are determined to be invalid or unenforceable under any applicable law, that term will be ineffective to the extent of such determination and such invalidation of such part or portion of these Terms of Use will not invalidate the remaining portions of these Terms of Use and they will continue to, and will remain, in full force and legal effect.
These Terms of Use represents the entire agreement between you and Murrays concerning the subject matter of these Terms of Use and it supersedes any prior proposal, representation, or understanding between you and Murrays.
These Terms of Use will be governed by the Laws of New South Wales and under the jurisdiction of the Courts of New South Wales.
If you have questions, complaints or claims about the Murrays Wi-Fi Services, these Terms of Use or the Murrays Privacy Policy, please contact our Privacy Officer to the following address.
Murrays Australia Pty Limited
PO Box 5021
GARRAN, ACT 2605