Nambucca Heads Station Free Wi-Fi Trial - Terms and Conditions


Terms of use for Transport NSW Free Wi-Fi at Nambucca Heads Station

By clicking 'I agree' or otherwise accessing or using the Transport NSW Free Wi-Fi service and network (Wi-Fi Service), you confirm that you have read, understood, accept, and that you agree to be bound by these terms of use (Terms), and warrant that you have the power and authority to enter into and deliver and perform obligations under these Terms, in respect of such access or use. 

The Wi-Fi Service is powered by Tomizone WiFi Limited. Before you access the Wi-Fi Service, you must also accept, and agree to be bound by the Tomizone WiFi Terms and Conditions, Privacy Policy and Cookie Policy), which are provided on the 'Accept Terms' page. The Tomizone WiFi Terms and Conditions will govern your relationship with Tomizone WiFi Limited in connection with the Wi-Fi Service, and may contain provisions which differ from those set out in these Terms. 

If you do not agree to these Terms or the Tomizone WiFi Terms and Conditions, you cannot access or use the Wi-Fi Service, and you must immediately cease accessing and using the Wi-Fi Service. From time to time, we may update these Terms, and Tomizone WiFi Limited may update their Terms and Conditions. You should review these Terms and the  Tomizone WiFi Terms and Conditions each time before you access the Wi-Fi Service.

1. Access

(a) The Wi-Fi Service is provided by Tomizone WiFi Limited. Your use of and access to the Wi-Fi Service is facilitated, and made available, by Sydney Trains (we, us, our) in collaboration with Transport for NSW.  We make the Wi-Fi Service available in our sole discretion, and may, at any time and without notice to you, cease facilitating access to the Wi-Fi Service. We own or license from third parties all intellectual property rights in the Wi-Fi Service. Nothing in these Terms or your use of the Wi-Fi Service transfers you any rights, title or interest in the Wi-Fi Service.

(b) Subject to these Terms and the Tomizone WiFi Terms and Conditions, we grant you a limited non-transferable, non-exclusive, revocable licence to use and access the Wi-Fi Service. If you breach these Terms, we may, without notice to you and at our discretion, suspend, block or otherwise disable your use of, or access to, the Wi-Fi Service.

(c) If you are under 18 years of age, you may only access the Wi-Fi Service if your parent or legal guardian consents to these Terms (and the Tomizone WiFi Terms and Conditions), agrees to supervise your use of the Wi-Fi Service and assume all risks, responsibility and liability resulting from your access to or use of the Wi-Fi Service.

(d) After connecting to the Wi-Fi Service, your unique device MAC address will be allocated 60 minutes of free internet access per device per day before you are logged out. Your connection will be terminated once the above allocation has been reached, and you will not be able to reconnect to the Wi-Fi Service using that device until the next calendar day.

(e) We may apply bandwidth and concurrency limits to assist in providing all users with a minimum user experience sufficient for browsing the internet, sending and receiving emails, accessing social media platforms and streaming video. We do not warrant that you will always be able to access or use the Wi-Fi Service without interruption. Where there are excess connections on the Wi-Fi Service you may not be able to connect or use the Wi-Fi Service.

2. Acceptable Use

(a) Without limiting clause 2(b) or clause 3, we will apply a content filter to the Wi-Fi Service, including to prevent access to material that may cause offence or be considered inappropriate and to protect the Wi-Fi Service from security risks posed by malicious software. However, we do not accept responsibility for any illegal, offensive, indecent or otherwise harmful material accessed through or using the Wi-Fi Service.

(b) In using or accessing the Wi-Fi Service, you will be responsible for any information or data, uploaded, downloaded or otherwise communicated via the Wi-Fi Service, and you must:

     (i)    comply with these Terms and all applicable laws;

     (ii)    not infringe our intellectual property rights, or those of any third party;

     (iii)   not introduce any code, virus or data which is harmful to the Wi-Fi Service or any operating system;

     (iv)   not use the Wi-Fi Service in a way that could damage, disable, overburden, impair or compromise the Wi-Fi Service, systems or security, or interfere with other users of the Wi-Fi Service;

     (v)    not collect or harvest any information or data, or attempt to decipher any transmissions;

     (vi)   not transmit any material that is defamatory, offensive or otherwise objectionable;

     (vii)  not send, receive, publish, post, distribute, transmit, disseminate, encourage or solicit receipt of, upload, download or use any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or in breach of any other right of any other person; and

     (viii) not use the Wi-Fi Service:

             (A) for commercial purposes or to send unsolicited emails;

             (B) to transmit, store, publish or upload any electronic material which is known or is likely to cause, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or

             (C) to infringe the privacy of another person, or cause annoyance, inconvenience or needless anxiety to another person.

3. Security

(a) You acknowledge that the Wi-Fi Service is an open, public Wi-Fi network and should not:

     (i)  be treated as secure; or

     (ii) be used for business critical functions, to send or receive personal, confidential or other sensitive information or to carry out personal activities such as internet banking.

(b) You acknowledge that internet transmissions are never completely private or secure, and that information you send through the Wi-Fi Service may be read or intercepted by another party.

(c) You are responsible for keeping usernames, passwords and other security-based information you may transmit or use in connection with the Wi-Fi Service, secure and private.

(d) You are responsible for exercising caution when using the Wi-Fi Service, including protecting yourself and your device against viruses, damage to or misuse of your device and unwanted traffic or downloads, and you should maintain up to date anti-virus software.

4. Privacy and information

(a) We and Transport for NSW will not collect any personal information about you in connection with the Wi-Fi Service.

(b) We and Transport for NSW may collect from Tomizone WiFi Limited and/or Telstra Corporation Limited anonymised information about access to, and use of, the Wi-Fi Service and your device in order to monitor compliance with these Terms and to assess the use of and to improve the Wi-Fi Service, including:

     (i)   average usage duration;

     (ii)  data usage, traffic type and categories of websites visited;

     (iii) the time of day the Wi-Fi Service is accessed;

     (iv) whether your device has accessed the Wi-Fi Service previously; and

     (v)  your device's browser and operating system.

(c) When you use or access the Wi-Fi Service, you consent to us, or our third party service providers, hosting, or disclosing such anonymised information to entities located, in Brazil, Canada, China, Colombia, Costa Rica, the European Union, Hong Kong, India, Israel, Japan, Jordan, Mexico, Nicaragua, Philippines, Singapore, South Africa, South Korea, the United Arab Emirates, the United Kingdom, and the United States of America.

5. Liability

(a) To the extent permitted by law including the Australian Consumer Law, and subject to clause 5(c), the Wi-Fi Service is made available to you on an 'as is' and 'as available' basis, and we disclaim all express or implied warranties and liability in respect of the Wi-Fi Service, including loss arising under or in relation to these Terms or resulting from:

     (i)   any changes made or updates to the Wi-Fi Service, or temporary or permanent cessation of the Wi-Fi Service;

     (ii)  the reliability, availability, timeliness or quality of the Wi-Fi Service or any disruption, interruption, degradation or impairment to the Wi-Fi Service;

     (iii) the bandwidth available through the Wi-Fi Service;

     (iv) your use of, inability to use, or reliance on, the Wi-Fi Service or any information obtained through the Wi-Fi Service, including interoperability with, or configuration of, any hardware, software or system;

     (v)  loss or corruption or destruction of data you hold or transmit through the Wi-Fi Service; and

     (vi) transmission of viruses.

(b) To the extent permitted by law and subject to clause 5(c), we are not responsible for or otherwise liable for any communications, performance, security or data corruption problems, disconnection of transmission services or failures or delays in transmission of information connected with telecommunication services and other means of transmission provided by third parties.

(c) To the extent permitted by law, including the Australian Consumer Law, nothing in these Terms limits or excludes our liability for liability that cannot be excluded at law, including death or personal injury resulting from our negligence or fraud or fraudulent misrepresentation.

(d) You must indemnify and release us from and against any loss incurred or suffered by us relating to or arising from your breach of these Terms, any infringement of a third party's intellectual property or other rights, or your access to or use of the Wi-Fi Service.

6. General

(a) These Terms are governed by the laws of New South Wales. In relation to these and related non-contractual matters each of us irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there, and waives any right to object to the venue on any ground.

(b) Any provision of these Terms that is prohibited or unenforceable in any jurisdiction, is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

(c) A failure to exercise, or a delay in exercising, any right, power or remedy under these Terms does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.