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WiFi Terms of Use


Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BILLY BISHOP WIFI SERVICE AND ANY RELATED WEBSITES (collectively, the “Service”).

The Service is provided by the Toronto Port Authority (“TPA”) and its service providers. By using the Service you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth herein (“Terms of Use”). If you do not agree to these Terms of Use, do not access or use the Service.

TPA reserves the right to amend or revise these Terms of Use from time to time in any way, and each time you use the Service you are bound by the Terms of Use. By continuing to use the Service you are indicating your renewed agreement to be bound by the Terms of Use, as amended or revised.

You are solely responsible for all access to and use of the Service, including any breach of these Terms of Use, by you, any user of your device or password or any user who in any way obtains access to the Service through you (all of whom shall be included in the term “you” for the purposes of these Terms of Use).

TPA has no obligation to monitor the Service. However, TPA reserves the right to monitor the Service from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.

Any violation of these Terms of Use may result in restrictions on your access to all or part of the Service and may be referred to law enforcement authorities.  TPA shall, in its sole discretion, determine your compliance with these Terms of Use. Without prejudice to any other rights and remedies that TPA may have, TPA may suspend, cancel or block your access to or use of the Service at any time and for any reason, without notice or liability to you.

No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and executed by TPA. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect.

Acceptable Use

You shall not do any of the following, or allow others to do any of the following:

  1. rent, lease, lend, sell, redistribute or sublicense the Service;

  2. use the Service for any purpose that is illegal or fraudulent, or that infringes the privacy, intellectual property or other rights of TPA or others;

  3. post, transmit or otherwise distribute libelous, defamatory, obscene, pornographic or abusive content;

  4. use the Service in a manner which would give rise to civil or criminal liability or is otherwise contrary to law or to TPA's then-current policies;

  5. use the Service in a manner which would restrict or inhibit any other user from using or enjoying the Service or the Internet, including the transmission of spam, viruses or other harmful material; or

  6. use the Service for any commercial purpose not otherwise permitted by these Terms of Use, or for any purpose that uses excessive network capacity.

Content:

TPA and its third party providers own all right, title and interest in and to the Service, the content of which is protected by copyright, trade-mark and other intellectual property laws. You may not use the name or any of the trade-marks, logos, domain names or other distinctive brand features of TPA or its third party providers.

You are solely responsible for your use of the Service, for any content you provide through the Service, and for any related consequences, including liability for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Service.

All content transmitted on or via the Service is the sole responsibility of the originator. By using the Service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.

Security

Certain security risks are inherent in the use of wireless systems such as the Service. Wireless communications can be intercepted by equipment and software designed for that purpose. In order to work with the widest variety of devices, you acknowledge that the Service does not provide any level of encryption (such as WEP, WPA or other encryption or authentication mechanisms). Therefore, the privacy and security of transmissions over the Service cannot be guaranteed.

Information on the collection, use and disclosure of personal information and the security of personal information in connection with the Service, including the use by TPA of cookies and other technologies, can be found in our privacy policy available at billyytz.com/wifi-privacy. Please read the privacy policy carefully before using the Service. By using the Service you are also agreeing to the provisions of the privacy policy.

No Warranties Or Conditions

THE SERVICE IS PROVIDED TO YOU STRICTLY “AS IS/AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

TPA MAKES NO WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ITS USE, INCLUDING WITH RESPECT TO ITS SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. TPA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS THEREIN WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations and Exclusions of Liability

TPA IS NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR DAMAGES OR LOSSES OF ANY KIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE) REGARDLESS OF HOW SUCH CLAIM MAY BE BASED (WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE), RESULTING FROM OR ARISING OUT OF THE SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY FAILURES, DEFECTS, ERRORS, OMISSIONS, INACCURACIES OR INCOMPLETENESS THEREIN, REGARDLESS OF WHETHER TPA HAS BEEN ADVISED OF ANY POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT OF ANY OF THE FOREGOING, OR ANY OTHER BREACH BY TPA OR ITS SUPPLIERS OR AGENTS, OR ANY DISSATISFACTION WITH THE SERVICE, YOUR EXCLUSIVE REMEDY SHALL BE TO TERMINATE YOUR ACCESS TO THE SERVICE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TPA SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE INTENDED TO PROVIDE ACCESS TO THE SERVICE, OR FOR ANY INTERCEPTION, INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR OF ANY COMMUNICATION USING THE SERVICE, REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS PROVIDED BY TPA OR A THIRD PARTY SERVICE PROVIDER. TPA SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CONTENT, CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE PERFORMANCE OF THE SERVICE OR THE DELIVERY OF DATA AND OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THE SERVICE OR FOR ANY FAILURE OR DELAY IN THE EXECUTION OF ANY TRANSACTIONS THROUGH THE SERVICE. TPA WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY TPA OR THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICE OR TO TAKE ANY ACTION IN CONNECTION THEREWITH.

Indemnity

You agree to defend, indemnify and hold harmless TPA, its licensors and third party providers and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including legal fees and expenses, arising out of or in connection with your use of the Service, your breach of these Terms of Use or your violation of any law or the rights of any third party with respect to or by using the Service. TPA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by TPA.

General

These Terms of Use and your use of the Service shall be construed, enforced and governed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Legal actions or proceedings related to or arising out of use of the Service may only be brought in the courts of the Province of Ontario within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.

The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tous avis, annexes et autorisations s’y rattachant, soient rédigés en langue anglaise seulement.

Questions or comments regarding these Terms of Use may be directed to:

e-mail to info@black-co.com or telephone (416) 979-0159
or by writing to:
100 - 510 Front St. W.
Toronto, ON
M5V 3H3

Last updated June 11, 2015.

 

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