Terms and Conditions – Top Ryde City Shopping Centre
Gift With Purchase Promotion – Mini Play Pouch by Play Pouch Australia
The promotion commences at 9:30am AEST on Thursday 25 November 2021 and concludes at 6pm AEST Friday 10 December 2021 (Promotion Period).
- The Promotion is promoted by Bevillesta PTY LTD (receivers and managers appointed) on behalf of Top Ryde City Shopping Centre, ABN 474 8914 8210, 109-129 Blaxland Road, Ryde NSW 2112.
- All entrants will be subject to, and will need to adhere to, the terms and conditions as set out by the Promoter and any future terms and conditions or alterations to these terms and conditions.
How to Enter
To enter the Promotion, entrants must, during the Promotional Period:
- Make a purchase of $100 or more in one transaction at participating retailers at Top Ryde City Shopping Centre.
- Visit the Information Centre on LG1, or the pop up Customer Service Desk on LG1 near Rockmans, to provide a copy of their receipt which will be marked by the customer service representative from Top Ryde City Shopping Centre Management and fully complete the entry form with all requested details.
Details of Gifts
The first 1200 customers to enter will each receive a Mini Play Pouch from Play Pouch Australia.
Each Mini Play Pouch is valued at $40.
The image shown on the website of the Mini Play Pouch is for advertising purposes only, colours and styles may vary.
Gifts must be redeemed by visiting the Information Centre located on Level LG1, or the pop up Customer Service Desk on LG1, near Rockmans at Top Ryde City Shopping Centre.
General Terms and Conditions
Only one entry permitted per customer.
- A single receipt with a minimum spend of $100.
- Entrants must retain their original OR a copy of their purchase receipts for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a
- Purchase receipt must clearly specify the store of purchase, products purchased, transaction amount and that the purchase was made during the Promotional Period but prior to entry.
- Incomplete or indecipherable entries will be deemed invalid.
- Participating retailers including all retailers currently trading and open at Top Ryde City, except for centre supermarkets.
- Gifts must be claimed within the promotional period
- The Promotion is open to Australian residents aged 18 years or over, except management and employees of Top Ryde City Shopping Centre and their immediate families; staff of sponsors of the Promotion; retailers in Top Ryde City Shopping Centre and their immediate families; the staff of retailers in Top Ryde City Shopping Centre and their immediate families; and the proprietors and staff of companies involved in the production, publishing and administration of this Promotion. Immediate families mean parents, siblings, spouse and children. Retailers means lessees, licensees and, in the case of a corporation, includes their directors.
- The Promoter reserves the right, at any time and in their sole discretion, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions, who tampers with the entry process, or engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The Gift is not transferable, refundable, exchangeable or redeemable for cash or kind and must be taken as offered and are subject to terms and conditions.
- If the Gift is unavailable for whatever reason, the Promoter reserves the right to substitute the Gift for an item of equal or greater value, subject to statutory requirements.
- Entrants can only enter in their own name. The Promoter reserves the right to request the entrant to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction at their sole discretion) in order to confirm an entrant’s identity, age, residential or email address, eligibility to enter and claim a Gift any information submitted by the entrant in entering the Promotion, before issuing a Gift. If the documentation required by the Promoter is not received by the Promoter (or their nominated agent) or online redemption form has not been verified or validated to the Promoter’s satisfaction within the time requested, that entrant’s entry will become invalid.
- Purchases from partial lay-bys, gift voucher/card purchases, postal services, prescription purchases, interest free purchase payments, eftpos and ATM receipts, purchase of tobacco, alcohol, fuel, Lotto or TAB, bill payments such as the payment of credit card bills, bank transactions, bank fees and charges and service bills (such as gas, electricity, rates, doctors and phone bills) are ineligible to receive a Gift.
- The entrants acknowledge and agree that the Promoter may publish or cause to be published the entrant’s names and locality in any media as required under the relevant lottery legislation.
- If an entrant accepts the applicable Gift, the entrant agrees to participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoters and their agents, and the Promoters reserve the right to use the entrant’s name and photograph for marketing and publicity purposes in any media for an unlimited period of time without remuneration or compensation.
- By entering the Promotion, each entrant consents to the disclosure of personal information they have submitted in entering the Promotion or in connection with claiming a Gift to Top Ryde City Shopping Any personal information disclosed to can be added to and used for databases and future mail outs or emails of a promotional nature only.
- All entries and any copyright subsisting in the entries become and remain the property of the Promoters.
- By participating in the Promotion, each entrant acknowledges and agrees that A. the Promoters collect personal information about entrants for the purposes of:
- Including entrants in the Promotion and, where appropriate, awarding Gifts; if the personal information requested is not provided, the entrant may not participate in the Promotion; and
- Enabling the Promoters to use the information to assist the Promoters in improving goods and services and to contact entrants in the future with information on special offers or provide entrants with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future; and B. the Promoter may share entrants’ personal information with Australian related companies or promotional partners who may contact entrants with special offers and by entering the Promotion, each entrant agrees that the Promoters may use entrants’ personal information in this manner. (if they complete consent on the Entry Form.)
- The Promoter (including related entities) and its respective officers, employees, contractors and agents shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential economic loss) or for personal injury suffered or sustained, as a result of the Promotion or in connection with a Gift.
- The Promoter accepts no responsibility for any tax implications that may arise from the Gift.
- The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoters.
- If all or any part of any term or condition contained in these terms and conditions shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these terms and conditions and the other terms and conditions hereof shall remain in full force and effect as if the offending term or provision appearing had not been inserted herein.
- The Promoter reserves the right to cancel, terminate, modify or suspend the Promotion subject to the approval of the relevant regulatory authorities where required.
- The warranty on the goods and services obtained as a result of this Promotion remains the sole responsibility of the manufacturer/supplier of the Gift.
- This Promotion is not valid in conjunction with any other offer.
- The Promoter, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, Gift claims; and/or (iv) acceptance and/or use of any Gift. Applicable manufacturers and/or distributors should be contacted in regards to all Gift warranty claims.
- The Promoter and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to Entrant’s or any other person’s mobile handset, computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including but without limitation technical malfunctions or failures.
- If for any reason this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide an alternative Gift to the same value as an original Gift, subject to any written directions made under applicable State or Territory legislation.
For further information regarding the terms and conditions, please contact Top Ryde City Shopping Centre (02) 9808 8888.
We update our site as often as is practicable, but information can change rapidly and Top Ryde City does not guarantee its accuracy at any time. We are not liable for any loss incurred from relying on this site, including data corruption on download. Information on our site is not financial advice – you should obtain advice before making any decision based on information on this site.
By accessing this site you agree to these terms, and acknowledge reading them. We do not take responsibility for sites of other organisations, whether or not linked, or any device used to access or view our site. The Site has been prepared under Australian law. Nothing it constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.
On this website we have display a range of products through various means, prices from time to time, and stores available Top Ryde City. Some of this content links through to a retailer website for purchase. Any prices displayed are provided by relevant retailers and suppliers and are updated to Top Ryde City’s best efforts to reflect pricing changes, however we advise you to review the retailer website for the most accurate information about price and availability.
Top Ryde City does not accept any responsibility for price variations or errors, availability or quality of products. No responsibility is accepted by Top Ryde City for the accuracy of any statement or advice contained in the text or advertisements or the accuracy of any prices quoted.
Online Terms & Conditions of Use
Current as at 14 March 2017
These terms and conditions of use, together with the policies, notices and disclaimers referred to below (Terms & Conditions), govern your use of the services at www.toprydecity.com.au (Site).
- ABOUT THE SITE
The Site is operated by Bevillesta Pty Limited (Receivers & Managers Appointed).
The Site is an online venue which allows users to do a number of activities, including sign up to be members, to view shopping centre and retailer information and click through to the websites of individual retailer participating in the Site (Participating Retailers). In addition to these Terms & Conditions, you should also refer to the terms and conditions of each Participating Retailers as these terms govern interaction with Participating Retailers.
- ACCEPTANCE OF TERMS
Your access to and use of the Site, including your use of the materials and information accessible on or from the Site, is governed by these Terms & Conditions.
Your use of the Site is conditional upon your acceptance and compliance with these Terms & Conditions. You should read the Terms & Conditions carefully. By using the Site, you agree to be bound by, and comply with, these Terms & Conditions. You must not access, browse or otherwise use the Site unless you agree to be bound by the Terms & Conditions.
Top Ryde City reserves the right to amend the Site and the Terms & Conditions at any time and from time to time without notice to you. Your continued use of the Site after any amendment to the Terms & Conditions constitutes an agreement by you to abide and be bound by the Terms & Conditions as so amended. If you breach these Terms & Conditions, your right to use the Site will cease immediately and we may refuse you access to the Site at our complete discretion.
- ACCESSING THE SITE
Access to the Site is not provided on a continuous, uninterrupted or permanent basis. Not all sections of the Site may be able to be accessed by all users of the Site. Top Ryde City reserves the right to withdraw or amend the service Top Ryde City provides on the Site without notice. Top Ryde City will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, Top Ryde City may restrict access to some parts of the Site, or the entire Site, to users who have registered with us. When you register, you are required to provide Top Ryde City with information about yourself which is true, accurate, current and complete in all respects. Top Ryde City may change registration requirements from time to time at its complete discretion. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Top Ryde City has the right to disable any user identification code or password, whether chosen by you or allocated by Top Ryde City, at any time, if in Top Ryde City’s opinion you have failed to comply with any of the provisions of these Terms & Conditions.
- SITE MEMBERSHIP
When you sign up to become a member of the Site, you will provide us with certain personal information. Your personal information may be used for providing you with news, offers and information about the Site, Top Ryde City and promotions run by Top Ryde City, as well as for the purposes set out in section 13 of these Terms & Conditions.
- PRODUCTS ADVERTISED ON THE SITE
Products advertised on the Site are provided by, and sold by, Participating Retailers. Top Ryde City does not review or control, and is not responsible in any way for, listings provided by Participating Retailers or purchases made on a Participating Retailer’s website. Products advertised by Participating Retailers on the Site may vary from time to time. Before making a purchase from a Participating Retailer, you should carefully review that Participating Retailer’s terms and conditions applying to a potential transaction on their store front and product details page. Subject to law, and other than in relation to any liability which under law cannot be excluded, Top Ryde City is not liable for any costs, damages or other loss in connection with the advertising or purchase of Products from a Participating Retailer or your use of the Site.
Some products sold by Participating Retailers may be products which, under law, may not be freely sold to all consumers, e.g. alcohol, knives or certain videos or dvds, or may only be sold to consumers on certain terms and conditions (Restricted Products). Those products are subject to the terms and conditions of the Participating Retailer selling those products. If you wish to discuss or organise a return, exchange or refund of any item, please contact the Participating Retailer directly.
- PRICES & TAXES
All prices are in Australian dollars ($). Prices displayed on the Site are inclusive of GST on the sale, if any.
The Site is designed for use by Australian residents.
- COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Top Ryde City is the copyright owner of the content of the Site or is licensed by the copyright owner to use the content on the Site. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site;
perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on the Site without the specific prior written consent of Top Ryde City;
alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site; or
use or apply, for commercial purposes any material or information on the Site, without the prior written consent of Top Ryde City.
All trademarks, brands and names appearing on the Site are the property of their respective owners. Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.
- LINKS AND THIRD-PARTY STATEMENTS ON THE SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. To the extent any permission has been granted to link to the site, we reserve the right to withdraw linking permission without notice.
The Site provides links to other websites not maintained or controlled by, or associated with, Top Ryde City, including those of Participating Retailers. Top Ryde City makes no endorsements, representations or warranties about any other website which you may access through the Site, including those of Participating Retailers (Other Website). When you access an Other Website, that Other Website is independent from the Site, and Top Ryde City has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of the Site. Other Websites are not under the control of Top Ryde City, and Top Ryde City is not responsible for the accuracy of any information on any Other Website. Top Ryde City does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from the Site are free from viruses, worms, Trojan horses and other material of a destructive nature.
Top Ryde City will not routinely monitor or review statements made by persons (Third Parties) on the Site. Third Parties may post statements or information on some portion of the Site, from time to time, including in connection with Products (Third Party Posted Material). Top Ryde City has the right at all times to remove any Third Party Posted Material from the Site or to edit any Third Party Posted Material, including in response to complaints received in relation to that material. Top Ryde City makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Top Ryde City expressly disclaims any liability to you for all Third Party Posted Material. Subject to any liability which cannot by law be excluded, Top Ryde City is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of the Site, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Top Ryde City has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified Top Ryde City in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
While Top Ryde City takes appropriate technical and organisational measures to safeguard the personal data that you provide to Top Ryde City, no transmission over the internet can ever be guaranteed secure. Consequently, please note that Top Ryde City cannot guarantee the security of any personal data that you transfer over the Internet to Top Ryde City or its payment gateways.
The Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au/ (this website is not provided by Top Ryde City).
- VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
If we become aware that you have breached any law in connection with your use or access of this Site, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Top Ryde City does not represent that any information (including any file) obtained from or through the Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Top Ryde City will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information or due to your use of the Site or any website linked to the Site, howsoever caused. To the extent that any liability may be imposed on the Top Ryde City, to the extent permitted by law it shall be limited to the cost of re-supplying that information.
Top Ryde City updates the Site as often as is practicable, but information can change rapidly and Top Ryde City does not guarantee its accuracy at any time.
The Site has been prepared under Australian law. Nothing in it constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.
By using the Site, you agree that your access to, and use of, the Site is subject to these Terms & Conditions and all applicable laws, and is at your own risk. While the information and material contained on the Site is believed to be accurate and current, it is provided by Top Ryde City in good faith on an “as is” basis, and Top Ryde City, related entities of Top Ryde City and the directors, officers and employees of Top Ryde City accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Any reference to products or services on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Top Ryde City.
Subject to any non-excludable provisions in the Competition and Consumer Act 2010 and similar State or Territory legislation in Australia:
Top Ryde City expressly disclaims any implied or express warranties or conditions of any kind, including non infringement of intellectual property rights relating to information or materials accessible from or on the Site; and
Top Ryde City shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, 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 or costs of replacement goods, or otherwise, even if Top Ryde City is expressly advised of the likelihood of such loss or damage.
To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the Site.
You should not send any information or material that you consider to be confidential or proprietary, to Top Ryde City or any other person, through the Site. Any information or material sent to Top Ryde City at, or through the Site, is deemed to be not confidential. You are deemed to grant to Top Ryde City an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through the Site. Top Ryde City is free to use any ideas, concepts, know-how or techniques that you send to Top Ryde City, for any purpose.
for the purpose of and incidental to your use of the Site, including facilitating the completion of orders through the Site and other uses and disclosures we required to operate the Site;
for the purposes of providing you with news and information about Top Ryde City’s events, activities and promotions;
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.
You may access your personal information by contacting us.
- RELEVANT PARTIES
Any indemnity, agreement, representation or promise provided by you to Top Ryde City as set out in these Terms & Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and owners of Top Ryde City and any related entity of Top Ryde City in relation to the Site.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- APPLICABLE LAW
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.
The Site may be accessed throughout Australia and overseas. Top Ryde City makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
- ALTERATIONS TO TERMS & CONDITIONS
Top Ryde City may revise or alter these Terms & Conditions at any time. Revisions and alterations will be posted on the Site. Users are responsible for reviewing the Site from time to time to ensure compliance. If Top Ryde City makes a request to you to stop using the Site or to promptly return or destroy copies of information provided on the Site, you must immediately comply with that request, and confirm in writing to Top Ryde City within five (5) business days after that request, that you have done so.
- FEEDBACK AND COMPLAINTS
You can contact us about questions or comments about the Site on 02 9808 8888 Monday – Friday 9:00AM – 5:00PM AEDST or by email to email@example.com. Complaints about a specific Participating Retailer or product must be directed to the Participating Retailer concerned. Top Ryde City has no obligation to help resolve disputes with Participating Retailers. If you have a complaint about a specific purchase, and have paid by Visa or Mastercard, you may have charge back rights and should contact your financial institution.
- ENTIRE AGREEMENT
These Terms & Conditions and any document expressly referred to in them represent the entire agreement between you and Top Ryde City and supersede any prior agreement, understanding or arrangement between you and Top Ryde City, whether oral or in writing.
In the following Wi-Fi and privacy terms:
“we”, “us” and “our” means Bevillesta Pty Limited (Receivers & Managers Appointed) ABN 47 489 148 210 and each of their respective related bodies corporate;
”you” and “your” means the user of the device that connects to the Top Ryde City Wi-Fi Service;
“Top Ryde City” means Bevillesta Pty Limited (Receivers & Managers Appointed) ABN 47 489 148 210 and each of their respective related bodies corporate; and
”Third Party Provider” means any supplier of ours that is involved in the provision of the Top Ryde City Wi-Fi Service.
If you are not 18 years old or older, you must only accept these Wi-Fi and privacy terms with a parent’s or guardian’s approval.
- You agree to these terms either by clicking “Connect to WiFi” on the Top Ryde City Wi-Fi Service’s initial landing page or by otherwise accessing or using the Top Ryde City Wi-Fi Service.
- While Top Ryde City will use all commercially reasonable endeavours to provide a reliable, stable and secure Wi-Fi service and ensure that the Top Ryde City Wi-Fi Service is generally available, Top Ryde City (a) makes no representation that the Top Ryde City Wi-Fi Service (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 Top Ryde City Wi-Fi Service will operate on a continual or error free basis. The Top Ryde City Wi-Fi Service in whole or in part, or particular Top Ryde City Wi-Fi Service functions, may be non-operational at any time for any reason (including because of any planned maintenance or unavailability of any service).
- The Top Ryde City Wi-Fi Service provides free wireless internet access within Top Ryde City. However the Service is not supplied for the purpose of, and is not suitable for supporting, any application or use which needs continuous fault free network connectivity and must not be used for business purposes.
- The Top Ryde City Wi-Fi Service provides unencrypted wireless access to the Internet. You are responsible for the security of your system, device and any transmissions you make or receive and:
- you are liable for all use of the Top Ryde City Wi-Fi Service that occurs in connection with your device, including if you permit another person to use your device or access the Internet via your device;
- you are fully responsible for your activities while using this Top Ryde City Wi-Fi Service (including for any content, information and other materials you access or transmit via the Top Ryde City Wi-Fi Service) and you agree that you bear all risks regarding use of this Wi-Fi Service;
- 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; and
- you agree that 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 Top Ryde City.
- Top Ryde City does not take any responsibility for any user data which traverses the Top Ryde City Wi-Fi Service network. Top Ryde City 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 an email or a download or any other kind of transmission, or if someone gains access to your passwords, or for any other like circumstances. Accordingly, any information which you transmit using the Top Ryde City Wi-Fi Service, including for example, credit card details or personal information, is transmitted at your own risk and Top Ryde City is not responsible while such information is in transit. The Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au/ (this website is not provided by Top Ryde City).
- Other than the measures referred to in clauses 8 and 9, we do not control information transmitted over the Top Ryde City W-Fi Service and you release us from any liability arising out of your use of the Top Ryde City W-Fi Service, including the transmission of that information to or from you and your use of it. You acknowledge that:
a. 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 Top Ryde City Wi-Fi Service and the Internet; and
b. you are solely responsible for your use of the Top Ryde City Wi-Fi Service and for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.
- Your activities on the Top Ryde City Wi-Fi Service (including sending, receiving, downloading or printing any material using the Top Ryde City Wi-Fi Service) must not:
a. 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;
b. create any liability (civil or criminal) for Top Ryde City or any Third Party Provider, cause Top Ryde City to lose (in whole or in part) the services of our suppliers;
c. 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);
d. be defamatory, trade libelous, unlawfully threatening or harassing, or advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence;
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 authorized to access;
i. must not in any way rebroadcast or retransmit the WiFi network using your own devices or other equipment.
- Top Ryde City routinely monitors and logs communications over its networks for security, performance, and other purposes, and Top Ryde City may access, monitor, audit, intercept and disclose any such communications, data or information in connection with your use of the Top Ryde City Wi-Fi Service.
- Top Ryde City may make certain Internet services unavailable, and may, in its absolute discretion, revoke your access to the Top Ryde City Wi-Fi Service, at any time and for any reason with or without notice to you. In particular, Top Ryde City reserves the right to:
a. bar access to the Top Ryde City Wi-Fi Service 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;
b. block access to any network protocols that are deemed inappropriate by Top Ryde City or may contravene these Top Ryde City Wi-Fi Service terms and conditions of use, including but not limited to those used by file sharing applications such as Limewire, eDonkey, or any Bit-Torrent type of client or Peer to Peer applications; and
c. apply any such traffic shaping as is deemed necessary to provide access to Top Ryde City Wi-Fi Service in a fair and stable manner to all Top Ryde City customers.
- As a complimentary service, the Top Ryde City Wi-Fi service are provided “as-is” and “where-is,” without any warranties, express or implied.
- To the extent permitted by law, Top Ryde City nor any third party provider is not liable for any loss or damage of any kind caused or contributed to by your use of the Top Ryde City Wi-Fi Service, including, but without limitation, special, 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 or costs of replacement goods, or otherwise, even if we are expressly advised of the likelihood of such 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 AUD$100.00. If liability cannot be limited or excluded by law, then to the extent permitted by law, Top Ryde City’s liability is limited to the following:
a. if the breach relates to goods, repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and
b. 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 Top Ryde City, 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 Top Ryde City Wi-Fi Service.
- Top Ryde City reserves the right to alter the terms and conditions stated in this document at any time and for any reason. Continued use of the Top Ryde City Wi-Fi Service by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE TOP RYDE CITY WI-FI SERVICE.
- If any of these terms is determined to be invalid or unenforceable under any applicable law, the term will be ineffective to the extent of such determination and such invalidation of such part or portion of these terms will not invalidate the remaining portions of these terms and they will continue to, and will remain, in full force and legal effect.
a. for the purpose of and incidental to your use of the Top Ryde City Wi-Fi Service;
b. to provide to Top Ryde City, its agents, contractors, joint venture and commercial partners, regulatory authorities and any third parties who provide services to us in relation to the Top Ryde City Wi-Fi Service, 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.
WI-FI PRIVACY TERMS
By accessing the Top Ryde City Wi-Fi Service, you acknowledge and agree that:
- We will collect your information, such as (but not limited to):
a. where devices are able to connect to, or are identifiable by, in-centre infrastructure, we may collect data including usage, location and type of device, from those devices, and other data which users consent to us collecting from time to time;
b. the date and time you accessed each page on our websites;
c. cookies which track your visits to our web sites;
d. the web browser that you are using and the pages you accessed;
e. your name, email address and age range where provided;
f. centre arrival and departure time;
g. device ID number (MAC address);
h. location of your wireless device in-centre;
i. length of browsing session; and
j. the URL of websites visited.
- We are collecting this information (and may use or hold this information) for the following purposes:
a. for the purposes of and incidental to your use of the Top Ryde City Wi-Fi Service;
b. to improve our websites and the Top Ryde City Wi-Fi Service;
c. so that we can tell which webpages are the most popular and where shoppers spend most of their time;
d. to provide to other members of the Top Ryde City, its agents, contractors, service providers, joint venture and commercial partners, regulatory authorities and any third parties who provide services to us in relation to the Top Ryde City Wi-Fi Service, including gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent use; and
e. for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out above, we may provide this information to Top Ryde City’s agents, contractors, service providers, joint venture and commercial partners and regulatory authorities, and may transfer your personal information to others in countries outside Australia (including to those that operate our cloud servers outside of Australia).
- If you opt in to receive notifications (for example, in respect of competitions, news, information or offers in respect of goods or services) then you may receive notifications on your device. If you want to opt out from these notifications, please contact us.
- If you access or log-in to the Top Ryde City Wi-Fi Service through a third party social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the third party social media service to share with us, such as your profile picture, email address, followers or friends lists, and any information you have disclosed in connection with that social media service. When you access the Top Ryde City Wi-Fi Service through third party social media services, you are authorising Top Ryde City to collect, store, use and disclose such information and content in accordance with these Wi-Fi Privacy Terms. If you do not want your personal information collected, stored, used or disclosed in this way, please do not access or log-in to Top Ryde City Wi-Fi Service through a third party social media service. We do not collect your passwords from these third party social media services.
- For more information on our privacy practices, please contact Top Ryde City’s Privacy Officer at PO Box 855, RYDE NSW 1680 or at firstname.lastname@example.org or by phone on 02 9808 8888.