Complementary Wi-Fi Terms and Conditions

South Ayrshire Council, a local authority incorporated under the Local Government etc (Scotland) Act 1994 having its main place of business at County Buildings, Wellington Square, Ayr KA7 1DR (the "Council") is offering this courtesy guest Wifi wireless Internet service (the "Service") as a free service to customers attending these premises during opening hours.

The Service is provided entirely at the Council's discretion, and a customer's access to the network may be blocked, suspended, or terminated at any time including but not limited to where the Council considers the customer is acting in breach of these terms and conditions. The wireless network is provided "as is" without warranties of any kind, either expressed or implied.

This document sets out the terms and conditions on which the Service will be provided by the Council ("Council"/"Us"/"We"/"Our") to its customers ( "Customer"/"You"/"Your"). These reflect that the Service is provided as a courtesy and is free of charge.

1. Agreement between you and us
   1. We offer to provide You with access to the internet via Our wifi network free of charge, subject to You accepting these terms and conditions in full.
   2. We may modify these terms and conditions from time to time. This document shall be updated to show any changes. By using the Service You agree to be bound by the terms and conditions as they stand at the particular point in time when You are using the Service.
   3. These terms and conditions shall be governed and interpreted in accordance with Scots Law and the Scottish courts shall have exclusive jurisdiction.
   4. Please read the terms and conditions below. By clicking the ACCEPT button at the end of these terms and conditions You are agreeing to bound by them.
2. The Service
   1. Use of the Service is entirely at Your own risk and We will not accept any liability for any loss of any kind. We are not under any obligation to You to provide the Service nor are we liable to You (or any third party) in any way if the Service is not available for use.
   2. To use the Service You must have suitable wifi enabled equipment and appropriate software ("equipment" or "device"). You are responsible for providing this equipment if You wish to use the Service. You are responsible for ensuring the compatibility of Your equipment with the Service. The specification and condition of Your equipment may affect Your experience of the Service. You accept the risk of any failures to Your equipment as a result of using the Service.
   3. The Service is available to You when Your device is within range of Our wifi system. The Service is provided over a public wifi network and this has inherent security risks. We cannot be held responsible for the privacy or security of your activities. You should adopt appropriate security measures when using the service as We cannot guarantee the Service is secure. We strongly discourage You from conducting confidential transactions (such as online banking, credit card transactions etc.) over this Service. You accept that it is Your responsibility to protect Your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of Your information and data. For further information about online security, go to www.getsafeonline.org. We cannot be held responsible for any losses resulting from sending confidential information via the Internet. By using the Service You assume all responsibility and risk for using the Service.
   4. We do not guarantee the Service or specific rates of speed. There may be interruptions to the Service and We cannot guarantee that data such as e-mails and web pages will be sent and received satisfactorily. The speed of data transmission to and from Your devices depends on numerous factors and the accuracy and timeliness of data sent or received cannot be guaranteed. By using the Service You accept that delays or omissions may occur when sending and receiving data.
   5. We have no control over information obtained through the Internet and cannot be held responsible for its content or accuracy.
   6. To ensure connectivity is shared fairly and equally amongst all users, access is restricted to browsing and accessing web email. Streaming of content is not available.
   7. If We suspect You are not complying with these terms and conditions or are attempting to transmit a virus or similar programme or file, We reserve the right to immediately and without notice, suspend Your access to the Service.
3. Your conduct
   1. The Service is provided on the basis that You use it responsibly.
   2. You must not use the Service for anything unlawful, immoral or improper. This includes but is not limited to:-
      1. using the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any state throughout the world.
      2. sending or receiving e-mails or messages, posting blogs, publishing or downloading content or carrying out any other activity through our wifi Service in any way which:-
         (a) is defamatory, threatening, intimidatory or which could be classed as harassment;
         (b) contains obscene, profane or abusive language or material;
         (c) contains pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
         (d) contains offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
         (e) contains material which infringes third party's rights (including intellectual property rights);
         (f) promotes violence or public disorder,
         (g) is intended to deceive or breaches confidential information, privacy or any other rights;
         (h) is done with any criminal or terrorist intent; or
         (g) is otherwise unlawful or inappropriate
      3. You agree that You will stop using or modify Your use of the Service if requested to do so by an employee of the Council.
   3. You agree that while using the Service You will not disturb other people nearby with excessive noise, alarming imagery or other inappropriate content or behaviour. You accept that there may be children or vulnerable people nearby who can see or hear how You are using the Service.
   4. You agree not to send or receive data, files or programmes that may be harmful in any way to the Service or to the equipment other people are using to access the service.
   5. You agree not to attempt to modify the Service in any way.
   6. You agree not to infringe upon the privacy of others while using the Service. This includes the transmission of still or moving imagery of other people nearby.
   7. 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 You are certain that the owner of such works has authorised its use by You. Downloading or sharing copyrighted materials without the appropriate permission is strictly prohibited. Connecting to "Peer to Peer" file sharing networks or downloading large files, such as CD ISO images, whilst connected to the Service is also prohibited.
   8. You must be aware that as You connect your device to the Internet through the Service, You expose Your device to: worms, viruses, Trojan horses, denial-of-service attacks, intrusions, packet-sniffing, and other abuses by third-parties. You are responsible for ensuring that You are running up-to-date anti-virus software on Your wireless devices.
   9. You must not send email containing viruses or other malicious or damaging software. You must not attempt to circumvent or subvert system or network security measures.
   10. You accept that We may restrict access to specific websites or content genres at our discretion. You accept that We may modify restrictions from time to time. The Council currently blocks access to over sites categorised as containing, 18 related content, streaming services and peer to peer file sharing networks ("Blocked Sites").
   11. You must comply with acceptable use policies of any other network(s) or host(s) used, and all applicable laws, rules, and regulations
   12. You are responsible for any actions taken from Your device, whether intentional or unintentional, which damage or otherwise affect other devices or users of the Service, or infringe the legal rights of third parties.
4. Content disclaimer
   1. The software used to block sites may not always prevent access to such material and We are not responsible if any unsuitable sites have not been blocked. If You find a web site that has been inappropriately blocked - or that You feel should be blocked - please notify a member of Council staff at the premises.
   2. The Council does not control, nor is it in any way liable for data or content that You access or receive via the Internet whilst using the Service. You accept that We are not responsible for data or content that may offend or upset You.
   3. We will not be liable for any damage, undesired resource usage, or detrimental effects that may occur to Your device and/or software while Your device is attached to the Service.
5. Liabilities
   1. You are responsible for any actions taken from Your device, whether intentional or unintentional, that may damage or otherwise affect other devices or users of the Service.
   2. You are responsible for any actions taken whilst using the Service (whether in breach of these terms and conditions or otherwise) which are illegal or otherwise contravene the legal right of a third party.
   3. You shall indemnify, defend and hold the Council harmless in respect of all losses, damages, expenses (including legal costs and expenses), liabilities or claims arising under or in connection with Your use of the Service.
   4. The provisions of Clauses 5.1 to 5.3 above shall survive termination of the Agreement between us.
6. Personal Information
   1. If you decide to use our Complimentary Wi-Fi service, we may process some of your personal data.  This will mean that as the 'data controller' for the personal information - or data - we hold about you, South Ayrshire Council decides how your personal information is used/processed, and what it is used for.  This will include your basic login details to access our system, including your name, postcode and email address.
   2. We may use this information to monitor our system performance and for internal reporting purposes, e.g. to monitor how frequently the system is used.  We will not share this information with any other third party.
   3. We can also use your information to provide you with promotional information about Council events, if you agree to additional marketing.  You can opt out at any time.

Acceptance

1. You understand that wireless internet access is inherently not secure, and that You are responsible for the security of Your own devices.

2. If these terms and conditions are unacceptable or become unacceptable to You, Your only right shall be to terminate Your use of the Service.

3. By clicking the "ACCEPT" button below You acknowledge that You have read and understood these terms and conditions, and agree to be bound by them.