1. Access to the BUSIT Free WiFi Service (“the Service”)
The Service is a free service provided by Waikato Regional Council and Go Bus on the Waikato Regional Council Northern Connector, Raglan, Morrinsville Paeroa, Cambridge and Te Awamutu contracted bus services.
You must acknowledge and agree:
a) That your access to the Service is at all times at the discretion of Waikato Regional Council and Go Bus.
b) That your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of any of these Terms and Conditions, and any actions that may lead to liability for Waikato Regional Council and Go Bus, disruption of access to other users or networks, and violation of applicable laws or regulations.
c) That you accept all of these Terms and Conditions of Use each time you use the Service and it is your responsibility to review these Terms and Conditions for any changes each time you use the Service.
d) Waikato Regional Council and Go Bus reserve the right to revise any of these Terms and Conditions at any time.
2. Acceptable Use of the Service
Your access to the Service is conditional upon the legal, proper and responsible use of the Service. By using the Service, you agree that all activities conducted online through the Service shall not violate any applicable law or regulation or the rights of Waikato Regional Council and Go Bus, or any third party.
Waikato Regional Council and Go Bus prohibit the following activities to be conducted using the Service:
a) Sending unsolicited bulk or commercial messages over the Internet or engaging in activities that invade another's privacy.
b) Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
c) To advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. Waikato Regional Council and Go Bus will notify and fully cooperate with law enforcement if it becomes aware of the Service being used in connection with child or other pornography or the solicitation of sex with minors or any other indecent purpose.
d) Transmitting, posting, uploading, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
e) Misrepresenting or forging message headers, whether in whole or in part, to mask the originator of the message.
f) Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or any other information gathering activity.
g) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, Malware, pinging, flooding, flaming, mailbombing, or denial of service attacks. In addition, engaging in any activities that disrupt the use of or interfere with the ability of others to effectively use the Service or any connected network, system, service, or equipment.
h) Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms and Conditions.
i) Using the Service in violation of any applicable law or regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
j) Selling, transferring, or renting the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
3. Disclaimer
You acknowledge and accept:
a) That the Service may not be uninterrupted or error-free and that there may be certain “black spots” during the travel.
b) That Waikato Regional Council and Go Bus do not guarantee the speed or frequency of the connection of the Service;
c) That Waikato Regional Council and Go Bus are only providing the WiFi Service. The service does not contain inherent anti-virus, malware, or firewall protection for you or your computer. You remain responsible at all times for the security of your device and should take measures to ensure the security of your wireless connection through methods such as encryption, firewalls and anti-virus software;
d) That connection to the Service may be subject to capacity restrictions and networking ability of your WiFi device.
e) That the Service is provided on an “as is” and “as available” basis without warranties of any kind.
4. No Consequential Damages
You acknowledge and agree:
a) That under no circumstances will Waikato Regional Council, Go Bus, employees or agents, be liable for consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims of a user (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising directly or indirectly from the use of the Service.
b) That in no event will Waikato Regional Council and Go Bus incur any liability in any action or proceeding in connection with the use of the Service.
5. Indemnity
You agree:
a) To indemnify and hold harmless Waikato Regional Council and Go Bus, and their officers, directors, employees and agents from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable solicitor’s fees) arising out of or related to your use of the Service, or any materials downloaded or uploaded using the Service, or any actions taken by you in connection with your use of the Service.
6. General
a) Waikato Regional Council and Go Bus may refuse to carry any person, or may require any person to leave the vehicle, or may insist that any person ceases to use any communications device, whether capable or incapable of using or interfering with the WiFi service if that person breaches or appears likely to breach these Terms and Conditions.
b) These Terms and Conditions shall not be construed as creating a partnership, joint venture, agency relationship between the parties.
c) If any provision of these Terms and Conditions are held to be unenforceable, in whole or in part, such invalidity will not affect the validity of any other provision of these Terms and Conditions.
d) Waikato Regional Council and Go Bus’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions shall waive or impede Waikato Regional Council and Go Bus’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Waikato Regional Council and Go Bus’s with respect to such use.