Wifi Terms of Service

1. Welcome

This free guest wireless internet service (WiFi) is provided by Tyre and Auto Pty Ltd, trading as mycar Tyre & Auto (ABN 57 164 707 484) (we, us, mycar). It is provided for use by people over the age of 18 years, while you are in mycar stores. Any reference to you or your includes the owner and user of the device used to access the WiFi.

Access to and use of the WiFi is subject to these Terms of Service (Terms) which may change from time to time. By accessing and using the WiFi you agree to accept these Terms without limitation. If you do not agree to comply with the Terms you will not be provided access to the WiFi.

Your device will automatically be disconnected from the WiFi 2 hours after you connect, however, you can reconnect if you wish to continue to use the WiFi.

2. How to access

Step 1 – In ‘Settings’ on your phone, click on ‘Wi-Fi’ and select the ‘mycar guest Wi’Fi’ network

Step 2 – Follow the prompt to sign into the Wi-Fi Network

Step 3 - Read the Terms & Conditions and check the box to accept the Terms of Service. Select the social media you want to use to login and follow prompts to login to Wi-Fi.

Step 4 - If you have 2 factor authentication set up on your account, you may need to have access to internet on your device in order to authorise your device to connect to the Wi-Fi network.

You are ready to access the internet and start browsing!

3. User obligations and limitations

The WiFi user must be over 18 years of age. The WiFi must be used in a fair, reasonable, non-offensive, and responsible manner. We may, in our absolute and sole discretion, limit or block certain websites or content but we are not obliged to do so. You must comply with reasonable directions from us regarding use of the WiFi.

We may suspend, terminate or limit your access if:

• You breach these Terms.
• Your use could interfere with the integrity or performance of the WiFi or our other networks or equipment.
• You attempt to manipulate or bypass any limitations of the WiFi.
• You behave in a vexatious, illegal, inappropriate, or anti-social manner.
• We have reasonable grounds to believe there is a risk of serious loss or damage to us or a third party if we do not suspend, terminate or limit your access.
• There is an emergency.
• There is an unusually high use of the WiFi.

You are responsible for the security, confidentiality, privacy and backing up of any data you transmit using the WiFi. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated using the WiFi, and are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.

We are not obliged to provide power, advice or assistance for the WiFi.

4. Speed and reliability

We take reasonable action to provide reliable, secure and stable access but that does not guarantee that it will be continuous, fault free, secure or accessible all the time. We will not be liable if access is unstable, unsecured, slow or unavailable for any reason. We encourage you to take precautions to prevent the loss of any information. We will take reasonable steps to monitor and resolve problems but will not be liable if problems occur and are not obligated to rectify any problems within any specified timeframe.

5. Security

You are responsible for the security of your device. No data transmitted over the Internet is secure, and we do not warrant, and cannot ensure, the security or confidentiality of your data. You transmit data, access websites and/or content and otherwise use the WiFi entirely at your own risk. We recommend you install appropriate security software on your device to block unwanted traffic and potentially malicious files. You must use reasonable endeavours to secure the device used by you to access the WiFi against being used in breach of these Terms.

6. Limitation of liability and indemnity

We will not be liable for any kind of loss or damage incurred as a result of use of the WiFi. We take no responsibility, and accept no liability, for any faults, failures, interruptions or other problems with your experience of the WiFi, including any damage to your device or connected devices, including damage caused by viruses.

We are not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the WiFi, even if we are aware of the possibility of exposure.

Without limiting our right to do so, we are not obliged to supervise, edit or control the content accessed through the WiFi. We disclaim all liability for material you access via the WiFi that you or any other reasonable person would find offensive, upsetting, defamatory or unsuitable for minors.

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee). However, to the maximum extent permitted by law, our liability for breach of a Non-Excludable Guarantee is limited, at our option, to:

• In the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again.
• In the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods or of acquiring equivalent goods or having the goods repaired.

You agree to indemnify us in respect of any loss, costs, liability or expenses suffered or incurred by us as a result of:

• Your use of the WiFi, including any material that you access or make available using the WiFi.
• Any breach of these Terms, including but not limited to use of the WiFi by you involving offensive or illegal material or activities that constitute intellectual property infringement.

7. Privacy

Your privacy is important to us. We will only collect your personal information for the purposes of delivering the WiFi in accordance with applicable legislation and these Terms.

By accepting these Terms, you consent to us accessing, collecting and using the following information:

• Information regarding your web browser, operating system and device.
• Your social media username.
• Location data.
• Addresses of the websites you visit.
• The IP and MAC address of any device that you use to access the WiFi.

We collect the above information to ensure you access the WiFi in accordance with these Terms, so that we can optimise how certain webpages are displayed on your device, and to tailor marketing to you. If you do not provide us with this information, we will not be able to provide you with the WiFi.

We may disclose your personal information for the above purposes to third parties (such as our contractors who provide services to us and others as permitted or required by law). We will not usually disclose your personal information to recipients located overseas without your consent, except where required or permitted to do so by law.

We are not responsible for the collection, storage, disclosure or use of your personal information by any third party (including any website you access while using the WiFi). You are responsible for checking the terms of use and privacy policy of each website you visit and determining whether you accept such terms and privacy policies.

Our Privacy Policy outlines how we manage personal information and details about how you may seek access to, or correction of, personal information that we hold about you, how you may complain about a breach of the Australian Privacy Principles by us and how we will deal with such a complaint. For further information contact our Privacy Officer at privacy@mycar.com.au.

8. General

We accept no liability for any failure by us to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under the Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any part of the Terms is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions continue to apply in full force and effect. If a provision of this agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it unenforceable, illegal, invalid or void then that provision will be interpreted or construed, so far as is possible, to be limited and read down or severed to the extent necessary to make it or this agreement valid and enforceable.

The Terms are governed by the laws in force in New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of that jurisdiction in relation to all matters connected to the Terms.

These Terms constitute the entire agreement between you and us and supersede and replace all prior understandings or agreements, written or oral, regarding the WiFi. Any waiver of any provision of the Terms will be effective only if in writing and signed by us.

9. Contact details

If you have any questions or concerns about these terms, about our privacy policy or your mycar experience, please contact our Care Team on 1800 065 010 or at careteam@mycar.com.au.