Accessing Oshawa Centre’s Public Network From Your Wireless Device
WiFi Terms and Conditions of Use
Terms and Conditions of Use
Wireless access is by nature an insecure medium. As with most guest wireless networks, any information being sent or received by you via the Service over the Company wireless network could potentially be intercepted by another wireless user. Cautious and informed wireless users should not transmit their credit card information, passwords and any other sensitive personal information while using a wireless "hot spot".
Anyone using the Service is forewarned that there can be no expectation of privacy when using the wireless network. Users assume all associated risks and agree to hold harmless the Company, its affiliates and its suppliers, and its and their employees, from and against any claims, actions, suits and other proceedings brought by a third party arising from or in any way related to your use or misuse of the Service, including any and all associated costs, losses, damages, debts and other liabilities, including reasonable attorney’s fees and costs of enforcing this provision, and all associated settlements any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. You may not settle any such claims in a manner that imposes any obligations, restrictions or liabilities on the Company, its affiliates or suppliers, or its and their employees, without first obtaining the applicable party’s written consent.
User waives any rights and remedies or other claims against the Company with respect to any user’s personal information (e.g. credit card) that is compromised, or for any damage caused to users' hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access users should have up‐to‐date virus protection on their personal laptop computers or wireless devices, as well as staying up‐to‐date with applicable OS security patches. We do not control and are not responsible for data, content, services, or products that you access through the Internet while using this service. We may, but are not obligated to, block data transmissions to protect the Company, this service, or the public.
THE COMPANY IS PROVIDING WIRELESS CONNECTIVITY IN THIS FACILITY AS A GUEST SERVICE AND EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED OR OTHER WARRANTIES: (I) THAT ANY USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR IS IN ANY WAY SECURE, (ii) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION, (iii) THAT THE SERVICE OR ANY PART THEREOF CONFORM TO ANY DEMONSTRATION OR PROMISE BY THE COMPANY, or (iv) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Use of this wireless connection is entirely at the risk of the user, and the Company is not responsible for any loss of any information that may arise from the use of the Service, or for any loss, injury, or damages resulting from the use of the Service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE; EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF THE FOREGOING EXCLUSION OF LIABILITY IS HELD TO FAIL FOR ITS ESSENTIAL PURPOSE OR OTHERWISE DEEMED TO BE UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO ONE HUNDRED DOLLARS (CAD$100.00). RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE OR OTHER TORTS, OR (iv) ANY OTHER CAUSE OF ACTION, HOWEVER STATED. THE EXCLUSION OF CONSEQUENTIAL DAMAGES UNDER SECTION (A) IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS FOR ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE.