Wireless Internet (WIFI) Access Agreement

This Agreement sets out the terms and conditions on which wireless internet access (“the Service”) can be provided to you free of charge as a patient at Perth Clinic.  Your access to the Service is at the sole discretion of Perth Clinic.  Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to: (i) violation of this Agreement, (ii) actions that may lead to liability for the Perth Clinic, (iii) disruption of access to other users or networks, and (iv) violation of any applicable laws or regulations.

Perth Clinic reserves the right to monitor and collect information while you are connected to the Service and you must acknowledge that the collected information can be used at discretion of Perth Clinic, including sharing the information with any law enforcement agencies.  Perth Clinic may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.  Perth Clinic reserves the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes or other security information necessary to access the Service.

If you not longer wish to abide by this Access Agreement please disconnect from the service immediately and notify a member of staff.

1.  Disclaimer

You acknowledge:

1.     that the Service may not be uninterrupted or error-free;
2.     that your device may be exposed to viruses or other harmful applications through the Service;
3.     that Perth Clinic does not guarantee the security of the Service and that unauthorised third parties may access your device or files or otherwise monitor your connection;
4.     that Perth Clinic’s ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable;
5.     that Perth Clinic may at any point block access to the Service if Perth Clinic feels any aspect of use of the Service violates the acceptable terms of use outlined in 2.1 – 2.5.

The Service and any products or services provided in connection with the Service are provided on an “as is”, “as available” basis. To the extent permitted by law, all warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality or capabilities of the services provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by Perth Clinic, or otherwise (including, but not limited to any warranty of satisfactory quality, safety, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed.

2. Acceptable Use of the Service

2.1  You must not use the Service to access internet services, or send or receive e-mails, which:

2.1.1  are defamatory, threatening, intimidating or which could be classed as harassment;
2.1.2  contain obscene, profane or abusive language or material;
2.1.3  contain pornographic material (that is text, pictures, films, video clips of a sexually explicit nature);
2.1.4  contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
2.1.5  contain material which infringe third party’s rights (including intellectual property rights);
2.1.6  in our reasonable opinion may adversely affect the manner in which we carry out our work;
2.1.7  contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;
2.1.8  are activities that invade another’s privacy, or are otherwise unlawful or inappropriate; or
2.1.9  contain information likely to interfere with the objectives of Perth Clinic in relation to your care or care plan.

2.2 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.

2.3 You must not use the service to access illegally or without authorisation any computers, accounts, equipment or networks belonging to another party,  or attempt to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration.

2.4 You must not use the service to distribute Internet Viruses, Trojan Horses, or other destructive software or malware, such as these terms are commonly understood.

2.5 The Service is intended for the Perth Clinic patient use only. Access to this Service must not be used for commercial activity.

2.6 Perth Clinic may terminate or temporarily suspend the Service if it reasonably believes that you are in breach of any provisions of this Agreement including but not limited to clauses 2.1 to 2.5 above.

2.7 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you acknowledge that you do so at your own risk.

2.8 You must not use or access any programs or applications that require high bandwidth levels for a prolonged period of time. Programs such as bit torrent, or other file sharing programs, online gaming and high definition video streaming are not permitted. Perth Clinic can at its own discretion suspend or terminate the Service to anyone it deems is monopolising the bandwidth of the facility.

3. Criminal Activity

3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in Western Australia, Australia or in any jurisdiction or country throughout the world.

3.2 You agree and acknowledge that Perth Clinic may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.

3.3 You acknowledge that Perth Clinic may keep a log of the Internet Protocol (“IP”) addresses of devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address.

3.4 You further agree that Perth Clinic is entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.

4. Other Terms

4.1  To the extent permitted by law, you release Perth Clinic, its officers, directors, employees, agents, and affiliates (the Releasees) from liability for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims by you as a patient (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), associated with the provision of the Services and arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise by any of the Releasees.

4.2  You agree to indemnify Perth Clinic and its officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that Perth Clinic may assert under this Agreement or by law.

4.3 This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between Perth Clinic and yourself. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.

4.4  Perth Clinic’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede Perth Clinic’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Perth Clinic with respect to such use. This Agreement should be read in conjunction with the patient agreement provided to you on admission to the Perth Clinic.  This Agreement constitutes the complete and entire statement of all terms, conditions and representations with respect to access to wireless internet at Perth Clinic, and together with the patient agreement supersedes all prior writings or understandings in relation to the Services.