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Terms

Sydney Airport Online Services Terms of Use

Last updated: 1 February 2022

1. Welcome to SYD’s Online Services Terms of Use

1.1 Welcome to Sydney Airport Corporation Limited’s (ACN 082 578 809) and its subsidiaries’ (“Sydney Airport”, “we”, “our” or “us”) Online Services Terms of Use (as defined below). In these Terms of Use “you” or “your” refers to the person browsing, accessing or using the Online Services.

1.2 Currently, our “Online Services” include our:

1.2.1 Website available via https://www.sydneyairport.com.au/ (“Website”); 1.2.2 Free Wi-Fi Service (“Free Wi-Fi”) and free internet services at Sydney Kingsford Smith Airport (“Airport”); 1.2.3 E-mail subscription services; 1.2.4 InfoSyd Portal; and 1.2.5 OurSyd Portal, that we may offer from time to time.

1.3 Sydney Airport provides access and allows you to use the Online Services subject to these terms and conditions of use, together with Sydney Airport’s Privacy Policy (“Privacy Policy”) available at https://www.sydneyairport.com.au/info-sheet/privacy (together the “Terms of Use”).

1.4 Each time you access and use our Online Services you acknowledge that you have read, understood and agree to be bound by these Terms of Use (and in relation to the Privacy Policy, you acknowledge that you have read, understood and accept our Privacy Policy), as varied from time to time (see clause 2.6). If you do not agree to these Terms of Use, you must not access or use the Online Services. Copies of these Terms of Use are available via our Website.

1.5 If you are under 18 years of age, you must only accept these Terms of Use with the approval of a parent or guardian.

1.6 These Terms of Use are governed by the laws of New South Wales, Australia.

2. Key terms to note

2.1 These Terms of Use are important and you should read them in full. However, there are some specific terms we wanted to make you aware of. These are set out below.

2.2 You acknowledge that the internet is an inherently insecure communication medium, and your use of the Online Service is at your own cost and risk. You must take your own precautions to ensure that the processes which you employ for accessing and using the Online Services do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

2.3 You agree that we have no responsibility or liability for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Online Services.

2.4 You accept that the Online Services are provided on an ‘as is’ and ‘as available’ basis.

2.5 Nothing in these Terms of Use is intended to exclude, restrict or modify any statutory rights under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation which may not be excluded, restricted or modified by agreement and the exclusions of and limitations on our liability in these Terms of Use do not apply in respect of any such statutory rights.

2.6 We may vary these Terms of Use at any time. If we do so, we will post the new Terms of Use on our Website and may draw any changes to your attention, provided that it is practical and reasonable to do so. By continuing to use the Online Services after any variations to these Terms of Use, you will be deemed to have accepted the amended Terms of Use.

3. Your use of our Online Services

3.1 Unless otherwise specified, we provide our Online Services free of charge. However, your standard mobile network and/or internet charges will apply.

3.2 By using our Online Services, you agree that you will not engage in or contribute to any conduct that is:

3.2.1 disruptive or detrimental to Sydney Airport or the Airport; 3.2.2 disruptive or detrimental to the operation and functionality of our Online Services; or 3.2.3 unlawful.

3.3 You agree that you must not access or use the Online Services in any manner or access websites, content or material via the Online Services that:

3.3.1 could introduce any viruses, worms, trojan horses, cancelbots, time bombs, malicious software or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously or remotely intercept or expropriate any system, data or personal information or interfere with the integrity and/or performance of the Online Services and/or Sydney Airport's other networks and equipment; 3.3.2 could cause Sydney Airport to be in breach of any law or to incur any liability or could violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); 3.3.3 engages, contains, depicts, promotes or advocates behaviour which is abusive, harassing, illegal, violent, threatening, insulting, defamatory, libellous, indecent, obscene, racist or otherwise discriminatory, inappropriate or objectionable in any way; 3.3.4 engages in or contains child pornography and other explicit material; 3.3.5 is inaccurate, fraudulent, pornographic, misleading, deceptive or offensive; 3.3.6 spoofs or otherwise impersonates any other person or misrepresents your identity, subject to your right to use a pseudonym under the Privacy Policy; 3.3.7 infringes any third party's or Sydney Airport’s copyright, patent, trade mark, trade secret or other intellectual property rights; 3.3.8 retrieves, scrapes, or indexes an Online Service or via the Online Services, any content or material using an automated device, software, process or other similar means; 3.3.9 reproduces, republishes, retransmits, modifies, adapts, distributes or translates any content or material on the Online Services without our express written permission (which we may grant or withhold in our sole and absolute discretion); 3.3.10 seeks reimbursement from any other person for access to an Online Service or on-sells any information obtained from any Online Service; 3.3.11 involves any attempt to access any data or system which you are not authorised to access; or 3.3.12 has (or may have) an unreasonable load on the infrastructure of Sydney Airport’s network or that has the effect of undermining the integrity and/or reliability of our Online Services or damaging or disrupting our Online Services.

3.4 You must not link our Online Services or part of our Online Services to any other website or application without our express written permission.

4. Privacy

4.1 Please read our Privacy Policy. This policy sets out how we will handle any personal information we obtain about you through your use of the Online Services.

4.2 By using the Online Services, you consent to the collection, use and disclosure of your Personal Information by Sydney Airport as described in our Privacy Policy.

5. Copyright and Other Intellectual Property

5.1 Our Online Services and the material and content on our Online Services, including all text, graphics, logos, photographs, images, moving images, videos, sounds and illustrations, are protected by copyright and/or trade mark laws. You agree to abide by these laws. Your access to the material and content we provide through our Online Services, does not grant you any ownership (or licence, unless otherwise specified) rights in such material and content.

5.2 You are not licensed to use any of our trade marks displayed on our Online Services without our express written permission.

6. External links, Advertising, Promotions, e-Commerce Offers and Third party Content

6.1 The Online Services may contain a range of goods and services sold by retailers at the Airport. We do not sell these goods and services and make no guarantees, representations, undertakings or warranties in relation to these goods and services, and we do not accept any responsibility or liability for:

6.1.1 the goods and services sold by retailers at the Airport, including in respect of the availability, locality, price and quality of such goods and services; and 6.1.2 the accuracy or completeness of information provided via the Online Services about the goods and services sold by retailers at the Airport.

6.2 Our Online Services may contain links to external websites operated by third party providers. These external links may allow you to connect with businesses that operate in or around the Airport including airlines and transport providers. The links to external websites are neither reviewed nor examined by us and are provided for your convenience only. The relevant third party provider is responsible for its external link and each will have its own terms and conditions related to your access and use of its website. In accessing and using any external websites, you acknowledge that you do so at your own risk. You additionally acknowledge that it is your sole responsibility to review and comply with those terms and conditions.

6.3 We are not responsible for the content, availability, advertising, goods, services or other materials on the linked external websites and we will not be responsible or liable for any claims arising from, in relation to or in connection with any linked external websites. While linked external websites may be useful to you, we do not recommend or endorse the goods and/or services offered by these third party providers. Please contact the relevant third party provider should any issues arise with their website including their goods or services.

6.4 Our Online Services may also contain third party advertising and promotions (including banner ads and full page advertisements) and other content and material provided by third parties. All third party advertisements and promotions (including referral buttons and embedded hyperlinks) are paid for by the relevant third party and do not constitute a recommendation or endorsement of the promoted good, service, or third party website by us. We do not accept any responsibility or liability for the advertisements on our Online Services, or the information, or goods or services, provided, offered or sold by advertisers or other third parties on, or via links on, our Online Services. The relevant third parties should be contacted directly for any information regarding the advertisement, good or service.

6.5 Without limiting clause 6.2 of these Terms of Use, certain sections of our Online Services, including travel booking sections, provide you with the opportunity to interact with and use the services of third party carriers or suppliers. We do not warrant the reliability of any links to any site of any third party carriers or suppliers, and are not in any way responsible for, or liable for any failure in relation to, the communication from you to the third party (or vice versa) of any reservation or purchase you may make with such a third party, or the confirmation of such a reservation or purchase. We make no warranty in regard to any goods or services supplied by third party carriers or suppliers.

6.6 From time to time, we may directly (or via our third party partners and resellers) offer promotional online special offers in respect of the goods and services of Sydney Airport and its affiliates and trusted third party partners, advertisers and sponsors. Such promotions will be governed by the terms and conditions of that promotion, which will apply in addition to these Terms of Use. Unless stated otherwise at that time, any such promotions cannot be used in conjunction with any other offers or promotions.

7. Content and Material

7.1 The content and material provided on our Online Services has been compiled for your convenience and includes information sourced from third parties over whom we have limited control. While we make every effort to ensure that the content and material is correct and up-to-date our reliance on these third parties means that we are not able to guarantee the accuracy of all content and material on our Online Services.

7.2 If you upload or otherwise provide any information (including personal information), content or material in the course of accessing or using our Online Services, you agree that such information, content or material will be true and correct. You grant us a perpetual, worldwide, royalty-free and irrevocable licence to use, copy, modify, distribute, publish, communicate to the public and process the information, content and material in any manner we consider fit, subject to applicable Australian law, including the privacy laws. Any information, content or material that you provide must not be unlawful, deceitful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage any conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate or infringe the rights of anyone else (including intellectual property rights). We reserve the right to edit or delete any information, content or material that you upload.

8. Liability and indemnity

8.1 While we have taken great care in the preparation of our Online Services and have endeavoured to provide you with accurate and up-to-date information in good faith, to the fullest extent permitted by applicable law, we do not represent, warrant or guarantee:

8.1.1 the accuracy, reliability, timeliness, completeness, security or suitability of the content or material on our Online Services or that our Online Services are provided or available without errors, omissions or viruses; 8.1.2 merchantability or fitness for any particular purpose of any good or service contained or referred to in our Online Services; or 8.1.3 availability, continuous, uninterrupted, error free, virus free or secure access to and use of our Online Services and the content or material on our Online Services.

8.2 To the extent permitted by law, we do not accept any responsibility or liability for all direct, indirect or consequential loss, damage or inconvenience sustained, suffered or incurred by you or any person as a result of your access to and use of our Online Services or your reliance on any content or material on our Online Services.

8.3 To the fullest extent permitted by applicable law, we exclude all implied representations, warranties, terms and conditions of any kind (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees). Where our liability with respect to any statutory rights may not be excluded, but may be restricted or modified by agreement, our liability is limited to:

8.3.1 In the case of the supply of goods (at our election) doing any one or more of the following – the replacement of the goods or supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; and 8.3.2 In the case of the supply of services (at our election) doing either or both of the following – the supply of the services again or the payment of the cost of having the services supplied again.

8.4 You are responsible for your use of our Online Services. You indemnify and must defend and hold harmless, Sydney Airport and its personnel, subcontractors and agents from and against all loss, damage, liability, expense or costs (including all reasonable legal and other professional costs on a full indemnity basis) of any nature arising from your breach of these Terms of Use or otherwise in connection with your use or misuse of the Online Services.

9. Termination and suspension

9.1 We can suspend or terminate your use of and/or access to our Online Services at any time in our sole and absolute discretion.

9.2 Without limiting clause 9.1, we reserve the right, in our sole and absolute discretion, to limit or block your access to:

9.2.1 the Online Services if you are suspected or deemed to be in breach of these Terms of Use, or are behaving in an inappropriate manner, or for any other reason; 9.2.2 any network protocols that we deem to be inappropriate or which may contravene these Terms of Use, including but not limited to those used by file sharing applications or any Bit-Torrent type of client or peer to peer applications; and 9.2.3 any websites we consider inappropriate, including sites which contain or promote gambling, pornography, sexually explicit material, drug use, violence, terrorism, racial vilification, harassment or discrimination of any kind or spam or anything in breach of any law or regulation.

10. General

10.1 These Terms of Use, together with any additional terms and conditions set out in any Online Service from time to time, constitute the entire agreement relating to its subject matter and supersede and cancel any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

10.2 If any part of these Terms of Use is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

10.3 If we waive any rights available to us under these Terms of Use, this does not mean that those rights will be automatically waived on another occasion.

11. Investigation by Authorities

11.1 We reserve the right to act in any appropriate manner, where there are reasonable grounds for suspecting illegal or unacceptable usage of the Online Services, including, co-operating fully with Commonwealth and/or State law enforcement bodies investigating unlawful behaviour on or via the Online Services.

12. Additional Terms relating to Free Wi-Fi

12.1 Without limiting your obligations under these Terms of Use, the additional terms set out in this clause 12 apply when you use the Free Wi-Fi.

12.1.1 To access the Free Wi-Fi, you need a wireless enabled device (“Device”) to login and to agree to these Terms of Use. Do not use the Free Wi-Fi if you do not have the express written permission of the lawful owner of the relevant Device. 12.1.2 We reserve the right, in our sole and absolute discretion, to limit, restrict or suspend access to or the availability of, the Free Wi-Fi, in whole or in part, at any time for any reason (including for any maintenance). 12.1.3 You acknowledge and agree that: (a) you access the Free Wi-Fi at your own risk and that the Free Wi-Fi is not supplied for the purpose of or suitable for supporting, continuous, uninterrupted, error free network connectivity or large amounts of downloading; (b) the Free Wi-Fi provides unencrypted wireless access to the internet and you are responsible for the security of your Device and any transmissions made or received during your use; and (c) you are responsible for taking any necessary security precautions to protect your Device against the risks of malicious activities, including hacking, viruses, eavesdropping, and all other such hazards. 12.1.4 To log out of the Free Wi-Fi, close your internet browser. You will be automatically logged out of the Free Wi-Fi if: (a) your access is suspended or terminated by us in accordance with these Terms of Use; (b) no activity is detected from your Device for a continuous period of time (as determined by us from time to time) while logged in to the Free Wi-Fi; (c) you leave the Airport; or (d) you exceed the time limit (as determined by us from time to time) per Free Wi-Fi session. 12.1.5 If you are in the process of downloading a file and you are logged out of the Free Wi-Fi, your partially downloaded file will not be recoverable and we are not in any way responsible or liable for any loss suffered, incurred or sustained by you. 12.1.6 We do not provide power, information technology advice or assistance to any user of the Free Wi-Fi. 12.1.7 You must not gain or attempt to gain unauthorised access to the Free Wi-Fi.

13. Additional Terms relating to the InfoSyd Portal and OurSyd Portal

13.1 Without limiting your obligations under these Terms of Use, the additional terms set out in this clause 13 apply when you use the InfoSyd Portal and OurSyd Portal.

13.1.1 We grant to you a non-assignable and revocable licence to use the InfoSyd Portal and OurSyd Portal to access multiple Sydney Airport applications for viewing, downloading and providing information for whatever purpose (the “Permitted Purpose”) you have requested. 13.1.2 In addition to your obligations in clause 3 of these Terms of Use, you agree that you must: (a) comply with Sydney Airport’s Information Security Management System (ISMS) and Acceptable Use Policy made available to you from time to time; (b) not upload any documents into the InfoSyd Portal or OurSyd Portal containing any sensitive or personal information; and (c) complete relevant awareness training for information security as advised by us from time to time; 13.1.3 Information on the InfoSyd Portal and OurSyd Portal relating to Sydney Airport and its business activities (“Confidential Information”) is strictly confidential. Except to the extent required for the Permitted Purpose, you acknowledge and agree that you must not use or reproduce documents containing Confidential Information without our prior written permission. You must take all reasonable steps to protect any Confidential Information on the InfoSyd Portal and OurSyd Portal against misuse, loss or unauthorised access, modification or disclosure.