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Terms of Use
Wi-Fi Access Terms of Use
This agreement sets out the terms and conditions on which wireless
internet access ("the Service") is provided free of charge or for a
nominal fee]1 to you, the end user of WestNet City Wi-Fi ("us") in
consideration for your custom, your agreement to these terms and
conditions and your agreement to allow us to send to you by e-mail our
promotional and marketing material. WestNet City Wi-Fi provides public
Wi-Fi within the city of Calgary, Alberta. You, the end user, must
adhere that WestNet City Wi-Fi is not owned or operated by any local,
provincial or federal government. You, the end user must not hold the
City of Calgary or the jurisdiction you are using the Wi-Fi service
within, liable for any damages that arise from using the Wi-Fi service.
1. Extent of the Service
1.1 We do not recommend in particular the use of any websites (or other
internet related services) ("Internet Services") and your use of
Internet Services is carried out entirely at your own risk. It is your
responsibility to ensure your own safety while operating using an
electronic device while taking necessary caution when crossing a street,
intersection, light rail transit platform or entering a motor vehicle,
passenger bus, aircraft, vessel or any object which may cause you, the
end user, harm.
1.2 We have no responsibility for, or control over, the Internet
Services you access and do not guarantee that any services are error or
virus free. As with most other Public Wi-Fi services, the connection
between your device and the access point is not encrypted. It is you,
the end user, take responsibility to exercise caution when transmitting
sensitive data such as financial or personal information. Websites such
as banking should always begin in https to ensure an encrypted session
via Secured Socket Layer technology.
1.3 We have no responsibility for, or control over, the information you
transmit or receive via the Service.
1.4 Save for the purposes of network diagnostics we do not examine the
use to which you put the Service or the nature of the information you
send or receive.2
1.5 We do not guarantee:
1.5.1 the availability of the Service;
1.5.2 the speed at which information may be transmitted or received via
the Service; or
1.5.3 that the Service will be compatible with your equipment or any
software which you use.
1.6 [Whilst we take reasonable steps to ensure the security of the
Service and to prevent unlawful access to information transmitted or
received using the Service] we do not guarantee the security of the
information which you may transmit or receive using the Service or
located on any equipment utilizing the Service and 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.
1.7 We reserve the right at all times to withdraw the Service, change
the specifications or manner of use of the Service, to change access
codes, usernames, passwords or other security information necessary to
access the service.
2. Your Use of the Service
2.1 You must not use the Service to access Internet Services, or send or
receive e-mails, which:
2.1.1 are defamatory, threatening, intimidatory or which could be
classed as harassment;
2.1.2 contain obscene, profane or abusive language or material;
1 If separate charges are being levied other considerations may apply.
WestNet City Wi-Fi also operates a paid service.
2 Civil and criminal liability can arise from monitoring content or
interception of e-mails and extreme care should be taken to ensure that
this does not happen.
2.1.3 contain pornographic material (that is text, pictures, films,
video clips of a sexually explicit or arousing nature);
2.1.4 contain offensive or derogatory images regarding sex, race,
religion, color, origin, age, physical or mental disability, medical
condition or sexual orientation;
2.1.5 contain material which infringe third party's rights (including
intellectual property
rights);
2.1.6 in our reasonable opinion may adversely affect the manner in which
we carry out our business; or
2.1.7 are otherwise unlawful or inappropriate;
2.2 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 certain that the owner of such works has
authorized its use by you.
2.3 We may terminate or temporarily suspend the Service if we reasonably
believe that you are in breach of any provisions of this agreement
including but not limited to clauses 2.1 to 2.3 above.
2.4 We recommend that you do not use the service to transmit or receive
any confidential information or data and should you choose to do so you
do so at your own risk.
2.5 The Service is intended for consumer use only. In the event that you
use the Service for commercial purposes we would specifically refer you
to clause 5.2 below.
3. Criminal Activity
3.1 You must not use the Service to engage in any activity which
constitutes or is capable of constituting a criminal offence, either in
Canada or in any state throughout the world.
3.2 You agree and acknowledge that we may be required to
provide assistance and information to law enforcement, governmental
agencies and other authorities.
3.3 You agree and acknowledge that we may keep a log of the Internet
Protocol ("IP") addresses of any devices which access the Service, the
times when they have accessed the Service and the activity associated
with that IP address
3.4 You further agree we are entitled to co-operate with law enforcement
authorities and rights-holders in the investigation of any suspected or
alleged illegal activity by you which may include, but is not limited
to, disclosure of such information as we have (whether pursuant to
clause 3.3 or otherwise), and are entitled to provide by law, to law
enforcement authorities or rights-holders.
4. Our Use of your Information
4.1 Subject to clauses 3.3 and 3.4 above we confirm that we shall use
the contact details you provide to us solely for the purposes of
contacting you with marketing information, updates, promotions and
special offers relating to our business.3
3 It is important to ensure that this clause is complied with (or
amended depending on how the data is used) and Data you collect is
processed in accordance with The Privacy Act 1980 and any mailings
comply with the Personal Information Protection and Electronic Documents
Act (S.C. 2000, c. 5)
5. Other Terms
5.1 You agree to compensate us fully for any claims or legal action
made or threatened against us by someone else because you have used the
service in breach of these terms and conditions, and in particular
clause 2.1 to 2.3 and 3.1 above.
5.2 Whilst we do not seek to limit our responsibility for fraudulent
misrepresentation or if you are injured or die as a result of our
negligence we have no responsibility (to the extent permitted by law)
to compensate you (whether or not we are negligent) for any direct
financial loss, loss of profit, revenue, time, anticipated savings or
profit or revenue, opportunity, data, use, business, wasted expenditure,
business interruption, loss arising from disclosure of confidential
information, loss arising from or in connection with use of the service
or inability to use or access the service or a failure, suspension or
withdrawal of all or part of the service at any time or damage to
physical property or for any other similar direct loss that may arise in
relation to this agreement whether or not we were advised in advance of
the possibility of such loss or damage.
5.3 We agree that neither this agreement does not allow either party to
act as, or hold themselves out as, acting as an agent of the other party
and that that the terms of this agreement are not enforceable by a third
party under the Contracts.
5.4 You, the end user, must adhere that WestNet City Wi-Fi is not owned
or operated by any local, provincial or federal government.
5.5 This agreement is governed by the law of Canada and is subject to
the non- exclusive jurisdiction of the Canadian court system.
