TERMS AND CONDITIONS
1. Terms of Use
1.1 Introduction
These Terms of Use (which you should read carefully) govern your access to and use of the Wi-Fi Service without limitation. The Wi-Fi Service may be interrupted from time to time due to system performance measurements or other configuration changes. There is no guarantee that the Wi-Fi Service will be available at all times, nor that the performance of the Wi-Fi Service will be suitable to provide you with internet access.
You must not use the Wi-Fi Service under any circumstances if you do not have express permission of the lawful owner of the wireless enabled device.
1.2 Definitions
In these Terms of Use:
Access Hours means 5am to 10pm in participating Zarraffa’s Coffee Stores.
Terms of Use means these terms of use for accessing the Wi-Fi Service.
you or your includes but is not limited to the owner and authorised user of the computer or mobile device used to access the Wi-Fi Service. You are responsible for providing your own wireless enabled computer or mobile device that is capable of accessing the Wi-Fi Service with its own power source.
Wi-Fi Service means complimentary access to the internet through a wireless network connection using a wireless enabled device in participating Zarraffa’s Coffee Stores during Access Hours.
Zarraffa’s means Zarraffa’s Franchising Pty Ltd ACN 093 874 250 of 124 Distillery Road, Eagleby, Queensland 4207.
Zarraffa’s Coffee Stores means any franchised or corporate operated Zarraffa’s Coffee store (for a full list of store locations visit https://www.zarraffas.com/our-stores/.
1.3 Interpretation
In these Terms of Use, unless a contrary intention appears:
(a) headings have been inserted for convenience only, and do not affect the interpretation of these Terms of Use;
(b) a reference to a person includes a natural person, company, statutory corporation, partnership, the Crown and any other organisation or type of legal entity;
(c) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(d) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;
(e) include and including when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind;
(f) the words at any time mean at any time and from time to time;
(g) a word that is derived from a defined word has a corresponding meaning;
(h) a reference to a natural person includes their personal representatives, successors and permitted assigns.
1.4 Reliability and speed
(a) The Wi-Fi Service provides you with broadband internet access which can achieve theoretical bandwidth of up to 2048/512mbps, however the speed of the Wi-Fi Service is dependent on a variety of factors, including but not necessarily limited to:
(i) the capabilities of your computer or mobile wireless enabled device;
(ii) user traffic and general internet congestion during your time of access;
(iii) wireless signal interference; and
(iv) the physical location of the wireless access points within the Zarraffa’s Coffee Store as compared to the physical location of your wireless enabled device.
(b) Every Zarraffa’s Coffee Store is different and although Zarraffa’s will use its reasonable endeavours to provide a reliable, stable and secure Wi-Fi service, Zarraffa’s cannot guarantee that your access will be continuous, fault free, secure or accessible at all times.
(c) To gain the best possible access it is advisable that your computer or mobile wireless enabled device accesses the Wi-Fi Service within the confines of the participating Zarraffa’s Coffee Store.
(d) The Wi-Fi Service is not suitable for supporting any application that requires continuous, fault free connectivity or uninterrupted data flow. Zarraffa’s specifically disclaims any liability to you for loss of data (including and without limitation commercial transaction or commercially sensitive data) from the activities of uploading or downloading whilst utilising the Wi-Fi Service.
(e) Zarraffa’s will take all reasonable steps and precautions to monitor and attend to any faults, malfunctions or problems to the Wi-Fi Service but will not guarantee that such faults, malfunctions or problems with the Wi-Fi Service will be corrected or rectified within a specified timeframe. Please note, WIFI availability may vary at Zarraffa’s Coffee locations.
1.5 Your Obligations
(a) You:
(i) are responsible for providing your own wireless enabled computer or mobile device that is capable of accessing the Wi-Fi service;
(ii) must use the Wi-Fi Service in a responsible manner;
(iii) must not:
(A) do any act which would bring negative exposure or harm to Zarraffa’s reputation or brand;
(B) use the Wi-Fi Service for any activities or post or transmit via the Wi-Fi Service, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
(C) use the Wi-Fi Service to post or transmit any material which interferes with other Users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any User from using the Wi-Fi Service or the internet;
(D) use the Wi-Fi Service to send unsolicited email messages;
(E) in any way tamper, hinder or modify the Wi-Fi Service;
(F) knowingly transmit any viruses or other disabling features via the Wi-Fi Service;
(G) access content via the Wi-Fi Service which:
(1) depicts or promotes offensive or illegal behaviour and/or further promotes criminal activity or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, terrorism and terrorist activities, violating the privacy rights of third parties or providing or creating computer viruses;
(2) exploits people in a sexual or violent manner and/or contains nudity, violence, or offensive subject matter or which contain links to adult websites;
(3) promotes an illegal or unauthorised copy of copyright works to be transmitted via file sharing networks and peer to peer applications;
(4) engage in any inappropriate, misleading or deceptive conduct; and
(H) attempt any of the above acts or facilitate or assist another person to do any of the above acts.
(b) Zarraffa’s and each participating Zarraffa’s Coffee Store does not provide power for devices, legal advice on these Terms of Use or IT assistance to any Wi-Fi Service user for any reason.
1.6 Restrictions on Use
(a) The use of the Wi-Fi Service is restricted to customers of Zarraffa’s Coffee Stores.
(b) You must not use the Wi-Fi Service in any manner or for any purpose which is unlawful or in any manner which is prohibited by the Terms of Use.
(c) Zarraffa’s may immediately terminate and block your access to the Wi-Fi Service if:
(i) your access or use of the Wi-Fi Service is in contravention of these Terms of Use;
(ii) you attempt to manipulate or bypass any limitations imposed by the Wi-Fi Service by any means; or
(iii) you behave in a vexatious, illegal, inappropriate or unsociable manner (whether in a Zarraffa’s Coffee Store or when using the Wi-Fi Service); or
(iv) you exceed reasonable data limits (being such data limits for a Usage Period or part thereof which Zarraffa’s sets in its absolute discretion from time to time).
(d) Your access to and use of certain websites and/or content may be restricted subject to such websites and/or content passing through Zarraffa’s firewalls, anti-virus and other managed security systems prior to the requested content being delivered to your computer or other mobile wireless enabled device. These managed security systems are determined and set in Zarraffa’s sole and absolute discretion.
1.7 Security
(a) No information transmitted over the internet can be guaranteed to be 100% secure. Zarraffa’s will endeavour to provide secure access through the Wi-Fi Service, however Zarraffa’s cannot guarantee or warrant the security of the Wi-Fi Service or any information you transmit or receive from the Wi-Fi Service at any time. These activities are conducted at your own risk. You are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.
(b) Zarraffa’s strongly recommends that you install or have installed suitable anti-virus and firewall software on your computer or mobile wireless enabled device to prevent unwanted traffic or downloads to your device.
1.8 Privacy
(a) Zarraffa’s recognises and values the protection of your personal information. Zarraffa’s will collect and use any information from you in accordance with its privacy policy which can be found at zarraffas.com/privacy-policy/.
(b) The information that will be processed and collected while using the Wi-Fi Service provides Zarraffa’s with details about how the Wi-Fi Service is used to access websites including the frequency and duration of visits, and which web pages you have accessed. The information Zarraffa’s collect will not personally identify you.
(c) Zarraffa’s is not in any way responsible for how any third party collects and/or uses your personal information (whether accessed via the Wi-Fi Service or any website you access and/or use through the Wi-Fi Service). You are solely responsible for checking the terms of use and privacy policies of each website you visit and determining whether you accept such terms of use and privacy policies.
1.9 Indemnity
By accessing the Wi-Fi Service, you agree to indemnify Zarraffa’s from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Wi-Fi Service by you, except to the extent that Zarraffa’s directly breaches its obligation under these Terms of Use.
1.10 Disclaimer
(a) Some consumer protection laws and regulations in Australia may confer you with rights and remedies relating to the provision of goods or services provided to you by Zarraffa’s which cannot be excluded, restricted or modified. Zarraffa’s excludes all conditions and warranties implied by custom, law or statute save for your statutory rights.
(b) Without limiting the above, in respect of the Wi-Fi Service:
(i) your access to the Wi-Fi Service is provided to you without warranties of any kind, either express or implied;
(ii) Zarraffa’s expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(iii) Zarraffa’s does not warrant that your access to the Wi-Fi Service will be continuous, uninterrupted, fault or error free, that any defects will be corrected or that viruses will not infect your computer or mobile wireless enabled device or other property on account of your access to or use of the Wi-Fi Service;
(iv) Zarraffa’s does not warrant or make any representation regarding your access to the Wi-Fi Service including its correctness, accuracy, timeliness, completeness, security, reliability of any communications (including and without limitation, any transactions) made using the Wi-Fi Service; and
(v) Zarraffa’s disclaims and is not responsible for the content of any website accessed or used via the Wi-Fi Service.
(c) To the extent permitted by law, including but not limited to any act or omission on the part of Zarraffa’s, Zarraffa’s will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access the Wi-Fi Service.
(d) You expressly acknowledge that Zarraffa’s does not exert control over users of the internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Wi-Fi Service.
1.11 Limitation of Liability
(a) Except to the extent required by any law, Zarraffa’s will not be liable to you for any reason whatsoever if the Wi-Fi Service becomes unstable, unsecure, slow or unavailable at any time.
(b) To the extent permitted by law, Zarraffa’s liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of Zarraffa’s to one or more of the following in relation to the provision of the Wi-Fi Service:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
1.12 Miscellaneous
(a) Zarraffa’s relies upon your continued observance of these Terms of Use. In the event that Zarraffa’s suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Zarraffa’s for those losses, damages and costs.
(b) The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
(c) If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
(d) All rights not expressly granted herein are reserved.
(e) If Zarraffa’s do not act in relation to a breach of the Terms of Use by you, this does not waive Zarraffa’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
(f) Zarraffa’s reserves the right to amend the Terms of Use at any time without notice to you.
(g) If you have any queries on these Terms of Use, please contact Zarraffa’s during normal business hours who will be happy to assist you with your query (please note that Zarraffa’s is unable to give you any advice that is legal or technical in nature). Zarraffa’s can be contacted by:
(i) telephone to 07 5500 0800; or
(ii) email to admin@zarraffas.com
1.13 Termination
The Terms of Use are effective until terminated by Zarraffa’s. Zarraffa’s may terminate the Terms of Use and your access to the Wi-Fi Service at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.