This End-User License Agreement (the “Agreement”) is between you (the “User”) and Searoad Ferries (the “Company”) and governs your use of the public Wi-Fi service (the “Service”) provided on Searoad property.
- Service Availability. The Service is available on a best-effort basis and the Company makes no representations or warranties of any kind, express or implied, as to the availability or reliability of the Service.
- Use of Service. The User may only use the Service for lawful purposes. The User shall not use the Service for any unauthorized access, transmission, dissemination, or storage of material that infringes on any intellectual property or other proprietary rights of third parties, or that violates any applicable law. The User is solely responsible for any data, content, or material transmitted, received, or stored using the Service.
- Limitation of Liability. The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the User’s use of the Service, or any failures or delays in the Service, even if the Company has been advised of the possibility of such damages.
- No Recourse. Without limiting the obligations of Searoad Ferries, no recourse may be taken, directly or indirectly, under this Agreement against the Company beyond those included in this agreement.
- Changes to Agreement. The Company reserves the right to modify this Agreement at any time, and will provide notice of such changes to the User through appropriate means. Continued use of the Service following any changes to this Agreement constitutes acceptance of such changes.
- Termination. The Company may terminate this Agreement at any time, with or without cause. Upon termination, the User shall immediately discontinue use of the Service.
- Governing Law. This Agreement shall be governed by the laws of the State of Victoria, Australia, without regard to its conflict of laws provisions.
- Entire Agreement. This Agreement constitutes the entire agreement between the User and the Company and supersedes all prior and contemporaneous agreements, understandings, negotiations, representations, and warranties, whether written or oral, relating to the Service.
- Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce such provision at any later time.
- Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By using the Service, the User agrees to be bound by the terms and conditions of this Agreement.