For the purpose of my acknowledgement, terms & conditions are provided by and include each of the following:
Manly Wharf Free WiFi Terms & Conditions
Welcome to the Manly Wharf WiFi Network (Network) brought to you as a free service by MI Ventures Pty Ltd (ACN 614 599 898) (the 'Provider').
Your access to and use of this Network is conditional upon your acceptance of these terms and conditions, which the Provider reserves the right to amend at any time. As you will be bound by these amendments, you should review these terms and conditions from time to time.
For the purposes of these terms any reference to 'you' or 'your' includes but is not limited to the owner and authorised user of the computer or mobile device used to access this Network. You are responsible for providing your own computer or mobile device (wireless enabled device) that is capable of accessing a Network with its own power source. The Provider does not provide power, information technology advice or assistance to any user of the Network. You must not use the Network under any circumstances if you do not have express permission of the lawful owner of the wireless-enabled device.
Usage of this Network is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network, referred to hereafter collectively as the terms and conditions (Terms).
The Network will be provided to the mobile device that you have used for sign-up (Mobile Device).
The Network will be provided to your Mobile Device while you are located in or around the Premises.
2.Eligibility and Security
To use this Network, you must be at least 18 years of age.
Only individuals who have completed the sign-up process may use the Network. This means that you must not permit any other person to use the Mobile Device whilst connected to the Service.
Without limiting the above, you must take reasonable steps to:
3.Speed and reliability of the hotspot
This Network provides you with free broadband internet access. However, the speed and through-put of the Network will vary depending on a number of factors, including but not limited to:
The Provider will use reasonable endeavours to provide you with a reliable, stable and secure access to the Network but does not promise that the access to the Network will be continuous, fault-free, secure or accessible at all times. The Provider advises that Network access is not suitable for supporting any application or use which requires continuous, fault-free Network connectivity or uninterrupted data traffic flow. Without limiting any other provision of these Terms, the Provider will not be liable if the Network access becomes unstable, un-secured, slow or unavailable for any reason whatsoever.
The Provider will use reasonable endeavours to monitor and attend to any Network faults, malfunctions or other problems associated with Network access but will not be liable if such faults, malfunctions or problems occur with the Network and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Network within any specified timeframe.
4.Logging in/out of the Network
To be eligible to use this Network, you simply need to access this Network with your wireless-enabled device and click to accept these terms on the splash page. There is no requirement to log out of (quit) the Network. You simply need to close your Internet browser.
You will automatically be logged-out of the Network if:
If you are in the process of downloading a file and you lose connection or are automatically logged-out of the Network, your partially downloaded file will not be saved and/or be recoverable. The Provider recommends that you save your work regularly while using the Network and/or take the necessary precautions to prevent such occurrences.
If you are automatically logged out of the hotspot, you will need to log in again to gain access to the hotspot. The Provider cannot guarantee that you will be able to immediately log back in to the hotspot in the event that you are automatically logged out.
The Provider may send you information about products and services which might interest you or otherwise assist advertisers to direct advertising to you.
If you have consented to receive direct marketing from the Provider via particular mechanisms (eg email or mobile messaging), the Provider may use that mechanism to send you marketing material relating their respective products and services, or the products and services of its third-party advertising partners.
If you change your mind and no longer wish to receive such materials, you may unsubscribe at any time by contacting the Provider on (02) 8251 9600 or by using the unsubscribe facility included in the relevant communications.
All commercial messages will contain an unsubscribe facility.
6.Third party promotions
Through messages you may be presented with promotions, advertisements and offers provided by third parties (third party promotions). All third-party promotions are paid for by the advertiser (advertiser) and are not endorsed or recommended by the Provider or its related corporations, directors, officers, employees or agents. Any dealings with any advertiser as a result of third-party promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that the Provider shall not be responsible or liable for any aspect of any such dealings or promotions.
The Provider may provide links to third parties' websites (linked sites). Unless otherwise noted on the linked site, linked sites are not reviewed, controlled or examined by the Provider in any way. The Provider is not responsible for the content, advertising code of conduct, availability, advertising, products or other materials of any such linked sites, or any additional links contained therein. Except as otherwise noted on the linked site, these links do not imply the Provider's endorsement of or association with the linked sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the linked sites. In no event shall the Provider be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the linked sites, the linked sites themselves, or the information or material accessed through these linked sites. You should direct any concerns to that site's administrator or webmaster. The Provider reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the Network and/or introduce different features or links to different linked sites.
8.User obligations and limitations
The Network must be used in accordance with the law in an ethical and professional manner.
Users must not use the Network for any purpose which:
You must not use the Network:
The Provider may immediately terminate and block your access to the Network if you access the Network in contravention of these Terms.
You represent and agree that the following statements are correct:
13.Disclaimer of warranties
The Internet is an inherently insecure communication medium. While the Provider will use reasonable endeavours to provide secure access through this Network it cannot guarantee the security of the Network at all times. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Network and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.
Without limiting any other provisions of these Terms, the Provider shall not, in any way, be liable to you for any kind of loss or damage incurred as a result of your use of the Network including but not limited to any viruses you may become subject to during your use of the Network.
The Provider strongly recommends you install a personal firewall on your wireless-enabled device to block unwanted traffic or downloads to your device.
Your access to and use of this Network is at your own risk.
Without limiting the above, the Provider makes no warranties or representations as to the accessibility, security, stability or reliability of this Network and the Provider specifically disclaims any liability or responsibility for any Network faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Network.
To the maximum extent permitted by law, all warranties, conditions and representations about the Network, the availability of the Network for access and use, the products and services advertised, offered to be supplied or supplied via the Network and the information provided on the Network are excluded. In particular, to that extent, the Provider excludes:
If a term is implied by law into these Terms and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms. However, the Provider liability for breach of such term will be limited, at its option, to one or more of the following:
14.Limitation of liability
To the maximum extent permitted by law the Provider, its related corporations (as defined in the Corporations Act), directors, officers, employees and agents shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, losses or costs (including legal costs), including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Provider has been advised of the possibility of such damages), resulting from:
The Provider shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the Network or to any person who has supplied false or misleading personal information.
You indemnify the Provider, its related corporations, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to your use of the Network or information or content published therein; your participation in the Network's member program or that of someone using your username and password; or your inability to use the Network.
You may unsubscribe from receiving emails or notifications from the Provider at any time by clicking the unsubscribe button present at the bottom of all email correspondence sent to you.
These Terms are governed by the laws in force in New South Wales, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
If any provision in these Terms and conditions is void or unenforceable, that provision shall be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, shall be deemed to be severed from these Terms.
(ACN 614 599 898)
(Last updated 14 November 2016)
1.1 MI Ventures Pty Ltd, and its related parties and associates (collectively MI Ventures, we or us) are committed to protecting all personal information that we hold.
1.3 Please read this Policy carefully. You can contact us via the contact details set out below with any questions about how we handle your personal information.
1.4 Please note that as our business evolves, we may need to make changes to this Policy from time to time. We may notify you about changes to this Policy by postingan updated version on this website. You should therefore check this Policy regularly. You may also contact us via the contact details below, at any time, to request a current version of this Policy.
2. Australian Privacy Principles
2.1 Most private sector organisations in Australia are required to comply with the Australian Privacy Principles (APPs).
2.2 MI Ventures is committed to implementing and maintaining suitable practices and procedures to ensure that it complies with the APPs and to enable it to deal with enquiries or complaints from individuals about MI Ventures’s compliance with the APPs.
3. How do we collect and hold personal information?
3.1 MI Ventures holds personal information collected from its existing and prospective shareholders, contractors, job applicants, employees, and individuals who deal with MI Ventures in the course of MI Ventures’s business activities, including without limitation individuals who provide products or services to MI Ventures or sign-up to receive products or services from MI Ventures and individuals who MI Ventures engages with in order to perform services for or provide products to its clients and industry partners.
3.2 Without limitation, this may include personal information that is collected through the following means:
3.3 If you do not provide us with the information we request, we may not be able to fulfil the applicable purpose of collection, such as to supply products or services or assess your application for employment.
3.4 This information may be held by MI Ventures or by a third-party service provider as described in Section 10.4 to 10.6 of this Policy.
3.5 MI Ventures collects personal information about individuals directly from the relevant individuals, unless it is unreasonable or impracticable to do so.
3.6 If practicable, MI Ventures provides disclosure as required under the Privacy Act prior to, or at the time of, collection. Where this is not practicable, the disclosures are provided as soon as practicable after the time of collection. Where MI Ventures collects personal information about individuals from sources other than the individual themselves (for example, via MI Ventures’s outsourced service providers), MI Ventures takes reasonable steps to ensure that the individual has been made aware of matters covered by disclosures required under the Privacy Act.
3.7 Some further examples of the main ways that we collect and hold personal information are set out below.
4. What kinds of personal information do we collect and hold?
4.1 The kinds of personal information we collect and hold will depend upon the circumstances in which the information is collected, your relationship with us and/or the type of products and services you supply to, or request from, us.
4.2 That personal information may include, for example:
4.3 Some further examples of the main kinds of personal information that we collect and hold are set out below.
5. Information collected when you use our websites
5.1 We may collect some information from you when you use our websites.
5.2 This will include personal information that you submit to us via the websites. Examples might include, but are not limited to: when you complete an online form such as an application form or ask for a disclosure document for our products, when you register for a newsletter, leave feedback about a website or products or services supplied via a website, partake in a competition or complete a survey, make an enquiry or register to receive information on featured or special deals available through a website.
5.3 When you visit one of our websites, our server places small pieces of data known as “cookies” on your hard drive. Cookies are pieces of information that are transferred to your computer when you visit a website for record-keeping purposes. Cookies collect information that includes the server your computer is logged onto, your browser type and how you gained entry to the website. Therefore, when you browse one of our websites information is recorded about that use, such as how you have used the website, the time and date of your access, the pages of the website that are accessed and the time spent on the website.
5.4 Most internet browsers are set to accept cookies. However, if you do not wish to receive any cookies you may set your internet browser to refuse to accept cookies. This may mean that you will not be able to take full advantage of the products and services on the website.
6. Information collected in the course of performing services for our clients
6.1 MI Ventures performs a range of data analytics services for its clients (Analytics). This Policy applies to such services, and to information that we collect in order to carry out such Analytics. Some additional things to note about these services are specified below.
6.2 Insights Visitor:
6.3 Passive Small Business Offering:
7. What are the purposes for which we collect, hold, use and disclose personal information?
7.1 We will only collect personal information that is necessary for one or more of our functions or for a purpose disclosed to you in this Policy, or around the time of collection of your personal information.
7.2 MI Ventures collects, holds, uses and discloses your personal information as required in order to perform its various roles as, amongst other things, a listed company, an issuer of financial products, an employer, a service provider, a customer and an investor.
7.3 We collect, hold, use and disclose personal information for the purposes of running our business. Without limitation, this includes the following purposes:
7.4 In addition, information that we collect from investors in the financial products that we issue will be used by us:
8. Direct marketing
8.1 We may also use your personal information to help us develop other products and services and, with your consent or where otherwise permitted by law, to provide you with information about other products and services offered or distributed by MI Ventures or to provide you with information, or permit our clients to provide you with information, about other products and services including by means of direct marketing.
8.2 If you are receiving promotional information from us and no longer wish to receive such information, you should contact the MI Ventures Privacy Compliance Officer on (02) 8251 9600 during business hours or by using the unsubscribe facility that we include in our commercial electronic messages.
8.3 MI Ventures, and our advertisers, may use information we collect from you and about you to help deliver relevant ads to you when you use our, or our clients', websites.
9.1 If you send us an application for a position, this information will be used to assess your application. This information may be disclosed to our related parties and affiliates and service providers for purposes such as aptitude, psychological and medical testing, and other human resources management activities.
9.2 As part of the application process you may be asked for your specific consent to the use and disclosure of certain personal information about any pre-employment medical examination or any aptitude or psychological testing. We may also ask you to consent to the disclosure of your personal information to those people who you nominated to provide references.
9.3 A refusal to provide any of this information, or to consent to its proposed disclosure may affect the success of the application.
9.4 You may also be asked whether you agree to your personal information being provided to related parties and affiliates of MI Ventures for other positions relevant to your qualifications and experience.
9.5 If an employee or contractor is suspected of breaching MI Ventures’s code of conduct or policies, we may disclose personal information that is collected through our IT systems to those parties investigating such a matter in order to ascertain whether a breach occurred.
10. How might we disclose your personal information?
10.1 We may disclose your personal information for the purposes outlined in Sections 6 to 9 above.
10.2 When MI Ventures collects your personal information, it seeks to inform you of the categories of third parties to whom your personal information is likely to be disclosed either by the information provided in this Policy or otherwise.
10.3 We may disclose personal information to our related parties and affiliates for the purposes outlined in Sections 6 to 9 above.
10.4 Please note that we contract out some of our functions (for example, registry services, mailing, and hosting service providers) to external service providers. We also obtain products and services from a range of third-party service providers, including without limitation professional advisors and financial institutions.
10.5 We may disclose your personal information to these third-party service providers but only so that they can provide relevant products or services to us, or on our behalf, or process transactions you have requested us to transact on your behalf.
10.6 MI Ventures seeks to ensure that providers of outsourced services and other third-party service providers are subject to contractual provisions for the protection of personal information disclosed to them by MI Ventures.
10.7 We work to deliver a range of information products and services to our clients and work together with a range of industry partners (including, without limitation venues, websites and other businesses that obtain our services to assist them to analyse consumer behaviour and engage with consumers, as well as advertisers and marketing companies). We may disclose personal information to such entities.
10.8 We may also disclose personal information to law enforcement bodies, courts, dispute resolution bodies, counterparties to disputes and otherwise in connection with legal processes.
10.9 In the event of a merger, acquisition or sale of the whole or part of our business or assets, or other corporate restructuring, we may disclose personal information as part of that transaction.
10.10 It is unlikely that personal information will be disclosed to overseas recipients. However, if and when personal information is collected in circumstances where such overseas disclosures are likely, MI Ventures will, if practicable, outline the countries in which the overseas recipients are located.
10.11 Prior to the disclosure of personal information to a person overseas, we will take reasonable steps to ensure that such overseas third party undertakes to treat your personal information securely and to protect your personal information in a manner consistent with this Policy and the Australian Privacy Principles.
11. Data security
11.1 We will use our reasonable endeavours to store your personal information securely and to secure it against unauthorised access.
11.2 In particular, MI Ventures has taken steps to promote physical security, computer security, communications security and personnel security and staff have received appropriate training in dealing with individuals’ privacy.
11.3 Despite our reasonable endeavours, you should be aware that we are unable to guarantee the security of any personal information that is transmitted to us. Accordingly, if you transmit personal information to us this is at your own risk.
11.4 If we determine that personal information is no longer needed for any relevant purpose, we will take reasonable steps to destroy or permanently de-identify that personal information, unless we are required by law to retain it.
12. Contacting us
12.1 If you wish to contact us in relation to our privacy practices, our contact details are as follows:
Attention: MI Ventures Privacy Compliance Officer
Telephone: (02) 8251 9600
In writing: MI Ventures Privacy Compliance Officer, c/o Invigor Group, Level 16, 56 Pitt Street, Sydney NSW 2000
13. Making complaints
13.1 If you wish to make a complaint about our privacy practices or a breach of Australian privacy laws (including the APPs or any applicable registered APP code) you may contact us using the contact details set out in Section 12 above. We will seek to respond to your complaint as soon as possible.
13.2 If you are not satisfied with how we resolve a complaint that you have raised, you may contact the Office of the Australian Information Commissioner. Please see Section 15 below.
14. Accessing and correcting your personal information
14.1 You have the right to seek access to the personal information we hold about you at all times. Access requests will generally be granted. However, you should note that there are some circumstances (as permitted under Australian privacy law) where access requests could be refused. We will seek to respond to access requests as soon as reasonably possible.
14.2 We will use our reasonable endeavours to keep your personal information that we collect accurate, up-to-date and complete. You may request corrections to the personal information we hold about you, by contacting us using the contact details set out above. We will take reasonable steps to appropriately correct or update the information to ensure that, having regard to the purpose for which we hold it, the information is accurate, up-to-date, complete, relevant and not misleading. We will respond to correction requests as soon as reasonably possible.
14.3 We reserve the right to charge a reasonable fee for responding to access requests to meet our reasonable costs in providing you with details of the information we hold about you. We note that there is no charge for making an access request or a correction request. We will also not charge for responding to a correction request. However, if a fee will be incurred for us providing you with access to the personal information we hold about you, we will inform you of the current fee (if any) before proceeding with processing your request.
15. Further information on privacy
15.1 You may obtain further information regarding privacy issues in Australia by visiting the Australian Office of the Information Commissioner’s website at www.oaic.gov.au.
Manly Wharf WiFi Collection Notice
You have received this collection notice because you have requested to sign-up to use the local Wi-Fi service (Wi-Fi Service) made available within the Manly Wharf precinct (Precinct).
Before signing-up to the Wi-Fi Service, you should carefully read the privacy statement below to ensure that you understand how your personal information may be collected during your use of the Wi-Fi Service, and how such information will subsequently be handled. If you do not wish for your information to be collected in the manner set out below, you should not use the Wi-Fi Service.
Privacy Collection Notice: MI Ventures Group
MI Ventures Group Limited ((ACN 614 599 898)) and its related parties and associates (MI Ventures, we or us) provide services to our clients to assist them to analyse and understand consumer behaviour so that they can best tailor their retail offerings to meet demand (Analytics).
In order to perform Analytics for our clients, we may collect personal information about you whilst you use the Wi-Fi Service. This information is only collected whilst your mobile device is connected to the Wi-Fi Service. The information we collect may include information that identifies your mobile device and its location within the Precinct as well as information transmitted via your mobile device which identifies the webpages that you visit and apps that you use. In many instances, the information we collect will not identify you personally. However, depending on your usage of the Wi-Fi Service, it is possible that some identifiable details may be incidentally collected. For example, whilst we do not collect the contents of any communications that you send from your mobile device, the URLs for the webpages that you visit may contain some information that relates to you, such as search terms that you enter into a search engine.
Our primary purposes in collecting this personal information is to provide the Analytics to our clients and for marketing purposes. If we do not collect information in the manner described in this notice, we may not be able to provide Analytics to our clients which may result in less tailored services offerings. In addition, as these collections occur when you connect to the Wi-Fi Service, if you do not wish for your information to be collected in this manner, you should not use the Wi-Fi Service.
We may disclose this personal information to third parties, including our contracted service providers who perform support services for our business and related parties and associates. We may also disclose information to our clients and other industry partners who we work with (including, without limitation, venues, websites and other business that obtain our services to assist them to analyse consumer behaviour and engage with consumers, as well as advertisers and marketing companies).
If you have consented to receive direct marketing, or where otherwise permitted by law, we may use your personal information to provide you with marketing information (including via email, where you have provided your email address and consented to it being used for this purpose) or permit our clients or industry partners to do so.
We are not likely to disclose your personal information to overseas recipients.
Your Agreement with Us
These terms and conditions form part of an agreement between:
and govern use of Our Services and form a binding agreement between You and Us (Terms) when You become a member by signing-up to the ADFREEWAY Rewards Program (Member) when registering for Manly Wharf Free WiFi or visiting ADFREEWAY.com (Our Website) and become eligible to earn Tokens and redeem them for Rewards.
We may amend these Terms by providing thirty (30) day's prior notice on Our Website prior to the changes taking effect. If You do not wish to continue using Our Services, You may terminate these Terms by deactivating Your account via Our Website.
Although some of Our Services are available via Manly Wharf Free WiFi, We do not operate or own it. The Manly Wharf Free WiFi terms and conditions are stated at here.
In these Terms:
In order to be eligible to earn Rewards with us, You must become a Member by registering for Manly Wharf Free WiFi or signing-up on Our Website. When You become a Member, You will be provided with an ADFREEWAY Rewards Program user account (Account). All use of Your Account is deemed to be use of Your Account by You for the purposes of these Terms. You are solely responsible for the use of Your Account, must ensure that You keep all login details and passwords secure and must only use Your Account and Our Platform in accordance with these Terms.
When signing-up and using Our Services, You must provide accurate and complete information, immediately inform us of any changes to that information (including Your email address by updating Your details on Our Website and only use You own device.
Permission to use Our Services is personal to You and not transferrable to any other person or entity. You are entirely responsible for any and all activities that occur under Your Account and for ensuring that all use of Our Services by You complies fully with these Terms. You agree to notify Us immediately of any unauthorised use of Our Services or any breach of security. We are not liable for any loss that You incur as a result of someone using the account created for You, either with or without Your knowledge.
You are responsible for providing Your own device for signing-up to and using Our Services.
Advertisement Optimisation Technology
In order to curate and improve Your online experience, Our Platform may substitute selected ads with other ads that may be more relevant based on Your Voting Activity and other information You share with Us.
When using Our Services on WiFi, mobile or other networks, We may securely collect and encrypt Your device information including: MAC and IP address; device configuration; and selected packet, hashed URL, browsing and location data (Device Data).
If You register as a Member by accessing or logging-in to a partner network through a third party social media service, We may collect and use Your user ID and/or user name associated with that social media service, any information or content You have permitted the third party social media service to share with the partner network or Us, such as Your profile picture, email address, followers or friends lists, and any information You have disclosed in connection with that social media service. If You do not want Your personal information collected, stored, used or disclosed in this way, please do not log-in through a third-party social media service. We do not collect Your passwords from these third-party social media services.
In addition to using Your Device Data to curate and improve Your online experience, We may analyse, aggregate and/or disclose Device Data to Affiliates.
By signing-up to use Our Services, You consent to:
Active Members are eligible to be awarded Tokens calculated in accordance with the Earning Rules that apply to the relevant advertisement.
Tokens are only redeemable during eligibility periods for product types and quantities at Redemption Partner locations specified by applicable Earning Rules. You must pay for any additions or variations to a product type or quantity (including any additional product being purchased alongside a Reward) being redeemed via Tokens.
Tokens may not be transferred, exchanged nor redeemed for cash or credit and must be used by each earning Member on their enrolled device at a specified venue before the expiration date for the relevant Tokens as specified in accordance with the Earning Rules.
You can obtain Rewards by presenting a digital voucher (displayed to You after voting on an eligible ad or stored in Your account on Our Website) to the Redemption Partner for the required number of redemption Tokens (in accordance with the Earning Rules). Rewards must be redeemed by the Redemption Partner subject to validation from Our Platform.
Reward redemptions are provided at the sole discretion of ADFREEWAY and its Redemption Partners. We reserve the right to modify, substitute or withdraw a Reward redemption opportunity at any time.
You must only use Our Services in a lawful, ethical and courteous manner. You must not use Our Services in a way that:
Our Website, Services and Platform are protected by Intellectual Property Rights.
Unless indicated otherwise, all rights (including copyright) in Our Services and compilation of Our Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) and Services are owned or controlled for these purposes and are reserved by Us or Our contributors.
All trademarks, service marks and trade names used on Our Website (including inter alia ADFREEWAY ADGRAPH, ADFREEWAY PROXY, ADFREEWAY BLOCKCHAIN, ADFREEWAY €MOTO and ADFREEWAY ADCHAIN) are owned, registered, and/or licensed by Us and We grant to You a worldwide, non-exclusive, royalty-free, non-sub-licensable, revocable licence while You are an active Member to:
We do not grant to You any other rights whatsoever in relation to Our Website, Services or any of Our other intellectual property. All other rights are expressly reserved by Us, including all right, title and interest in, and to, Our Website, Services and any related services.
Unless indicated otherwise, all materials made available via Our Services are protected as copyright, trade names, trademarks or are other intellectual property owned by Us, Our Affiliates and/or other parties that have licensed their material or trademarks to Us. Other than viewing and/or downloading content via Our Services for purposes expressly permitted by these Terms, You do not have the right to use these Intellectual Property Rights without Our written permission. You agree not to use Our Services for any unlawful or improper purpose. You will not violate or attempt to violate the security of the Service. All rights not expressly granted are reserved.
Website Access and Availability
To the extent permitted by law and subject to any applicable non-excludable rights implied by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law):
Linked Sites and Advertisements
We may provide links to websites and/or display to You advertisements of third parties (Linked Content). Unless stated otherwise in the Linked Content, We do not review, control or examine Linked Content in any way. To the extent permitted by law (including any applicable non-excludable guarantees of the Australian Consumer Law):
Nothing in these Terms is intended to exclude, restrict or modify Your non-excludable consumer protection rights conferred by the Australian Consumer Law (which may confer rights and remedies which cannot be excluded, restricted or modified). Nevertheless, to the maximum extent permitted by applicable law, You agree that We will not be liable for any loss, damage, cost or expense You may suffer, due to:
You acknowledge that certain Linked Content made available to You via Our Services and Platform is based information supplied by third parties and is not verified, endorsed or supported by Us or our Affiliates nor does it necessarily reflect Our opinions, policies or views.
You agree to fully compensate and hold harmless Us, Our officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses) and penalties suffered or incurred by any them arising out of:
To avoid any doubt, the indemnity set out above will extend to any loss that We may suffer as a result of the use by third parties of Your Account, except in circumstances where You can demonstrate that the third party gained access to and used Your account without Your consent and through no fault of Your own.
You may cancel Your Membership and require Opt-out of our Services via Our Website resulting in the automatic forfeit of Your unredeemed Tokens.
We may terminate Your Membership and access to Our Services if:
The parties must comply with this clause before resorting to external dispute resolution mechanisms such as court proceedings to resolve disputes concerning any matter relating to this Agreement.
A party may commence negotiations by giving the other party written notice of a dispute, following which the parties must use reasonable endeavours to resolve the dispute. If the parties are unable to resolve the dispute within fourteen (14) days of either providing notice of the dispute to the other party, either party may commence the mediation procedure through the service of a mediation notice on the other party.
The parties shall appoint a mediator within seven (7) days of the service of a mediation notice. If the parties do not agree within that time as to the mediator to be appointed, they will apply to the Australian Disputes Centre (ADC) to ask the ADC to nominate a mediator for the parties. The mediation will be conducted in accordance with the ADC's mediation rules as amended from time to time. The parties agree to take part in the mediation and will endeavour to resolve the dispute through the mediation prior to commencing court proceedings.
In the event that the parties cannot resolve the dispute via the mediation process within forty-five (45) days of the mediation notice or such other period as may be agreed, either party may refer the matter to court proceedings. Nothing in this clause will prevent a party from taking immediate steps to seek interlocutory or interim relief before an appropriate court.
We may provide You with notices in connection with this Agreement via Our Website or email.
This Agreement (including any documents referred to herein) is the entire agreement of the parties about its subject matter and supersedes all other representations, arrangements, understandings, agreements and communications.
A reference to the singular form of a noun includes the plural form of that noun. The word "including" is to be read as "including, without limitation".
If a provision of this Agreement is invalid or unenforceable in a jurisdiction:
These Terms are governed by the laws of the State of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
These Earning Rules apply to the ADFREEWAY Manly Rewards campaign and are subject to and should be read in conjunction with the Terms at here.
During the Manly Rewards campaign, which will occur from 31 August 2018 to 25 October 2018 or as otherwise specified from time to time on this website, You can enrol Your device to earn Tokens to be redeemed for Rewards by completing the following steps:
|Redemption Partner||Number of Tokens||Reward|
|Gloria Jean's, Manly Wharf||1||1 small coffee (cappuccino, latte, long black, espresso, piccolo or macchiato with normal or skim milk)*|
|Max Brenner, Manly Wharf||1||1 small coffee (cappuccino, latte, long black, espresso, piccolo or macchiato with normal or skim milk)*|
|Cove Espresso, Manly Wharf||1||1 small coffee (cappuccino, latte, long black, espresso, piccolo or macchiato with normal or skim milk)*|
|Gelatissimo, Manly Wharf||1||1 scoop of gelato ice cream*|
* Tokens are only redeemable during eligibility periods for product types and quantities at Redemption Partner locations specified by applicable Earning Rules. Tokens are not transferrable, exchangeable or redeemable for cash or credit and must be used by the enrolled member on the enrolled device at the specified Manly Wharf store. You must pay for any additions or variations to a product type or quantity (including any additional product being purchased alongside a Reward) being redeemed via Tokens. We may amend these Earning Rules by notifying You by email seven (7) days prior to the changes taking effect. If You do not agree to changes, You may terminate Your agreement with Us by deactivating Your Account and Opting-out of our Services via Our Website resulting in the automatic forfeit of Your unredeemed Tokens.
What personal information do we collect and hold in connection with the Rewards Program?
The types of personal information We collect and hold about You may include:
The kind of information we may collect regarding other participants in the Rewards Program (such as Rewards Program Redemption Partners) includes:
How do we collect personal information in connection with the Rewards Program?
We may collect Your personal information relating to Our Services including when You:
We may also collect personal information from third parties including:
How do we hold and protect your personal information?
We maintain personal information in a combination of computer storage facilities, paper-based files and other records, both at Our own premises and with the assistance of service providers.
In doing so, We take reasonable steps to protect Your personal information from misuse, interference and loss, and unauthorised access, modification or disclosure.
When Your personal information is no longer required, We take reasonable steps to destroy or permanently de-identify the information.
Consequences if you do not provide us with your personal information
If You do not provide Your personal information, we may not be able to provide products, services or benefits in connection with the Rewards Program. For example, if You have not provided Your name and email address, We will not be able to create a member account and You will not be able to participate in the Rewards Program.
Why do we collect, hold, use and disclose your personal information?
We handle Your personal information for the purposes of providing, administering, improving and personalising the Rewards Program, Our products and services, and the products and services of other Rewards Program participants. This can include registering You to participate in the Rewards Program; enabling You to access the Rewards Program Platform; providing Rewards Program benefits; managing Rewards Program promotions and campaigns; offering and facilitating the offer of other Rewards Program benefits; verifying Your identity, communicating with You (including through direct marketing, where We are permitted to do so); understanding Your interests and preferences to help Us tailor Our communications and offers to Your needs; handling Your queries and complaints; assessing the performance of the Rewards Program website and platforms and improving their operation; analysing data; conducting surveys, market and product research; otherwise providing goods, services and benefits You have requested or are eligible to receive in connection with the Rewards Program; working with Our service providers; and any other purposes which We have notified to You at the time of collection of the information, or to which You have provided consent.
We may also handle Your personal information:
Where We have Your consent or are otherwise permitted by law to do so, We may also use and disclose Your personal information to provide You with marketing communications and targeted advertising on an ongoing basis by sending electronic messages (such as SMS or email), through Our services and by other means.
These communications may relate to the products and services We, other Rewards Program participants (such as Our Redemption Partners) and other group companies provide, promotions run by Us or for which there is automatic entry for Rewards Program members, and other products or developments which may be of interest to You.
You may Opt-out of receiving future electronic and telephone direct marketing communications through the unsubscribe function that will be made available to You with each direct marketing communication. Please see here to understand the consequences of unsubscribing from email communications.
Who do we disclose your personal information to?
ADFREEWAY may disclose Your personal information to:
ADFREEWAY discloses personal information, for some of the purposes described above, to organisations located in Australia and in other countries, including New Zealand, the United States, United Kingdom, Israel and South Africa. We or Our service providers may also make personal information held in Australia or the other countries listed above remotely available for processing by service provider personnel located in other countries, such as New Zealand, the United States, United Kingdom, Israel and South Africa.
We take reasonable steps to ensure that overseas recipients of Your personal information do not breach the privacy obligations relating to Your personal information, and only use it for the purpose for which it was disclosed.
Social Media Login
Our ad optimisation technology relies upon information We collect (including Your preferences and Device Data) to curate the ads You receive to improve Your online experience. Our Platform may block, re-prioritise or substitute ads that You would have otherwise received based on Your Voting Activity, Device Data and other information We have collected about You.
You consent to:
The Rewards Program website may use cookie data to track user traffic patterns and to provide better service when You revisit Our website. A cookie is a small data file that a website may write to Your hard drive when You visit it. A cookie file can contain information, such as a Session ID which the website uses to track the pages You have visited. Other technologies We use include web beacons. We allow cookies and other digital technologies to be used:
Whenever a URL or ad is accessed via the Rewards Program platform, information is recorded such as the time, date, URL hash, ad and Voting Activity.
How you can access and correct your personal information
We will take reasonable steps to make sure that the personal information We collect, use or disclose is accurate, complete and up to date. Please ensure Your personal details (ie name, address, email, phone, etc) are updated in Your account settings on ADFREEWAY.com or contact Our Privacy Officer as indicated below.
At Your request, ADFREEWAY will provide a copy of any personal information We hold about you, unless an exception under the Privacy Act applies. We may charge reasonable fees for retrieving this information, in which case We will obtain Your agreement to that fee beforehand.
How to contact us or make a complaint
We will promptly acknowledge and investigate any complaint about the way We manage personal information.
We will take reasonable steps to remedy any issues resulting from Our failure to comply with privacy obligations. If Our response to does not satisfactorily address Your concerns, You may have the right to make a complaint to a competent regulator (e.g. Office of the Australian Information Commissioner at oaic.gov.au).