DATA CONNECTION & INTERNET ACCESS
TERMS OF SERVICE
While you are at a Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat location, you may connect to our data network, referred to as the "connection," to access the internet and perform other activities. The connection is provided by Stoke Design Co Pty Ltd T/A The Rumpus Room. or one of its affiliated companies. By using or accessing the connection, you agree to abide by the terms of service outlined below. Kindly read these terms carefully, as they may be subject to revisions at any time. Each time you use or access the connection, you are considered to accept the current terms, and it is your responsibility to review them for any changes. If you do not agree to these terms of service, you are not permitted to use the connection.
ACCESS Your access to the connection is solely at the discretion of Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat. We reserve the right to block, suspend, or terminate your access at any time and for any reason, including if you violate these terms of service, disrupt access for other users or networks, or if it is necessary to protect us, our users, or third parties. The connection is available to your device only when it is within wireless range of our access points or when connected to a data network port in your office or a conference room via an ethernet cable. Please note that the connection may experience periods of unavailability due to emergencies, service failures, transmission issues, equipment or network problems or limitations, interference, signal strength variations, maintenance, and repair. We cannot be held responsible for any interruptions or performance issues with the connection, as well as the underlying network(s), transmission equipment, and systems. The speed of the network may vary depending on factors such as your device configuration, location, compression, network congestion, and other variables. You are solely responsible for obtaining the necessary devices, software, or materials required to use the connection. Additionally, engaging in any prohibited activities may lead to the removal of offensive or obscene content, deactivation of your account, or termination of your access and usage.
PRIVACY & SECURITY You acknowledge that no data network or internet-based communication is entirely secure, and such communications can be intercepted by equipment and software. Therefore, no communication should be considered private or protected. Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat respects the privacy of its users in the communications transmitted over the connection. However, in compliance with applicable law and our privacy policy, we possess the right (though not the obligation) to monitor, intercept, review, and disclose any transmissions over or use of our connection without prior notice. This may be done to comply with lawful process, orders, warrants, subpoenas, or to safeguard our rights, property, and users. Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat may also utilise the information you provide through connecting to our data network for the purpose of analysis and service improvement, including the use of analytics.
PROHIBITED USES You agree not to access or use (or attempt to access or use) the connection in a manner that violates any applicable law, harms Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat, any third party, or interferes with the operation of the data network for others. These "Prohibited Uses" include, but are not limited to, the following actions:
Engaging in any of the above "Prohibited Uses" may result in civil or criminal liability. Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat reserves the right (though not the obligation) to report such violations to relevant law enforcement authorities and cooperate in prosecuting users who violate these terms. We also retain the right to suspend or terminate your access and use of the connection, as well as any other services provided, and to block or remove any communications or materials transmitted through the connection.
Assistance to Government Agencies In accordance with applicable law, Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat may be obligated to provide all available information and necessary assistance to government agencies for the prevention, detection, investigation, and prosecution of cyber-crimes and cybersecurity incidents.
ADDITIONAL DISCLAIMERS: LIABILITY LIMITATION We provide the connection on an "as is" and "as available" basis. To the extent permitted by law, Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat disclaims all warranties and terms, whether express or implied, including warranties, terms, or representations regarding the availability, operation, security, performance, and use of our services or any other materials accessed through our services. This includes warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement, and any implied warranties, terms, or indemnification arising from the course of dealing or course of performance. You waive any claims and rights against Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat and its affiliates, parents, successors, employees, assignees, officers, agents, and directors (collectively referred to as the "Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat Parties") resulting from property damage, injury, destruction, theft, or loss of any kind to the maximum extent allowed by applicable law. None of the Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat Parties will be liable to you under any cause of action for indirect, special, incidental, consequential, reliance, or punitive damages, including loss of profits or business interruption. You agree to indemnify the Stoke Design Co Pty Ltd T/A The Rumpus Room Ballarat Parties from any claims, liabilities, and expenses (including reasonable attorney's fees) arising from your breach of this agreement.
Please note that some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. In such cases, the above exclusions and limitations may not apply to you. However, to the maximum extent allowed under applicable law, these exclusions and limitations shall apply.
