Terms of Use

A&W Food Services of Canada Inc. ("Food Services") and its franchisees (together, “we”, “us”, or “our”) offer this wireless internet access as a free service (the “Service”) to our guests for the duration of their visits to our restaurants. This agreement sets out the understanding upon which the Service is provided to you (this “Agreement”) and the duties and responsibilities associated with your use of the Service (the “Terms and Conditions”). Only current guests of this location may use the Service. You are solely responsible for all access to and use of the Service including any breach of these Terms and Conditions by you or any user of your device. For the purposes of these Terms and Conditions, "you" means you and every person you authorize to use the Service.

By clicking “I Agree”, or by accessing or using this Service, you represent that you are currently a guest of this location and acknowledge that you have read all of the Terms and Conditions of this Agreement, understand them, and agree to be legally bound by them. If you are not a current guest of this location and/or you do not agree to or understand these Terms and Conditions, then you may not use or access this Service.

1. Extent of and Access to the Service

1.1 Acceptance of our Terms and Conditions will be required at the beginning of your session each time you access the Service.

1.2 You agree that we may at any time and for whatever reason modify these Terms and Conditions without your consent or authorization, including modification, suspension or termination of the Service, or any components.

1.3 We do not charge any fees for your use the Service, however you may need to pay other fees associated with your use of the Service to your mobile carrier, such as data usage or other similar fees.

1.4 The Service is provided on an "as is" and "as available" basis without warranties or guarantees of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services or other materials.

1.5 Your use of the Service is carried out entirely at your own risk. We do not monitor any content, products or services you access by using the Service and we have no responsibility for, or control over, the websites or other internet related services you access. We do not guarantee that any services are error or virus free, inoffensive, or compliant with applicable laws.

1.6 We do not guarantee the performance, availability, uninterrupted use or operation of the Service. You understand that the entire risk as to the availability, quality and performance of the Service provided under these Terms and Conditions is with you.

2. Use of the Service

2.1 You agree that you are authorized to use this Service solely while you are a guest of this location, subject to the Terms and Conditions of this Agreement.

2.2 You represent and warrant:

• (a) you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity, or are otherwise entitled to be legally bound in contract); or
• (b) that your parent(s) or legal guardian(s) have consented to your use of this Service and accept this Agreement on your behalf.

2.3 You agree that you are fully responsible for your activities and conduct while using this Service, as well as the activity and conduct of anyone that you permit to use this Service, (including any content, information and other materials you access or transmit via this Service).

3. Unauthorized or Illegal Use of the Service

3.1 Without limitation, you are prohibited from using the Service:

• (a) for any unlawful purpose;
• (b) to solicit others to perform or participate in any unlawful acts;
• (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (f) to submit false or misleading information;
• (g) to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” unregistered sales of securities, or securities fraud;
• (h) to add, remove or modify identifying network, message, or article header information in an effort to deceive, mislead or impersonate any person;
• (i) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• (j) to collect or track the personal information of others;
• (k) to spam, phish, pharm, pretext, spider, crawl, or scrape;
• (l) for any obscene, profane or immoral purpose;
• (m) to send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable;
• (n) to interfere with or circumvent the security features of the Service or of any related website, other websites, or the Internet;
• (o) in a manner would serve to restrict or inhibit any other user from using or enjoying the Service;
• (p) to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Food Services, its franchisees or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data;
• (q) to engage in any activity that is harmful to minors, or permit a minor to use the Service to access any content intended for adults;
• (r) to consume excessive network capacity, in our reasonable opinion, or cause our network, or our ability to provide the Service to others, to be adversely affected; or
• (s) for any commercial purpose or for any purpose not otherwise permitted by these Terms and Conditions,
• (collectively, “Prohibited Conduct”).

3.2 You agree that you will not assist others in engaging in Prohibited Conduct.

3.3 You are not permitted to resell, transfer, distribute, share or exploit for commercial purposes the Service. Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden.

3.4 We reserve the right to limit or lockout your use of the Service should such use be in contravention of these Terms and Conditions. In addition, we reserve the right to limit or restrict your usage or the speeds at which you receive the Service at our discretion.

3.5 Without limiting any other available right or remedy, we reserve the right to, and you agree that we have the right to:

• (a) take such actions we deem, in our sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Service and to otherwise protect our interests; and
• (b) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving this Service.

4. Security and Privacy

4.1 You understand and agree that there are privacy and security risks associated with wireless communications and the Internet in general and as such you should have no expectation of privacy or security in your use of this Service.

4.2 You acknowledge that we make no assurances that your communications, or activities while using the Service, or your use of any information or data obtained by accessing the Service will be or will remain private or secure, and you further agree that we assume no responsibility in that regard.

4.3 You agree that you are solely responsible for your own privacy and security in using the Service, the accuracy or completeness of any information or data obtained by you via the Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.

4.4 You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your account(s), username(s) and password(s).

4.5 Any detriment caused to the network or the Service as a result of your failure to properly secure your device and system may result in the immediate termination of your access to the Service.

5. Limitation of Liability

5.1 In the event of any breach by us, including any breach of a fundamental term of these Terms and Conditions, your exclusive remedy will be to terminate your access to the Service.

5.2 Under no circumstances will we be liable to you for:

• (a) any direct, indirect, special, or consequential claims, actions, damages, losses, ("Losses"), including, without limitation, loss of profits, loss of business opportunities, business interruption, loss of data, or other similar damages that result in any way from your use of the Service or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of data, information or files, errors, defects, delays in preparations, or transmission, or failure of performance; or
• (b) any Losses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your account infringes the intellectual property rights or contractual rights of any third party.

5.3 You agree that the limitations in this section will be deemed to apply to all causes of action and all legal theories, without regard to whether the damages arise from:

• (a) breach of contract, breach of warranty, gross negligence, negligence or other tortious conduct;
• (b) damages from error, omission, interruption, defect, failure of performance, accident, misuse or fraudulence, unauthorized use of the Service, use or loss of use of data, delays, non-delivery, mis-delivery, breach of security, line failure or service interruptions or due to inadvertent release or disclosure of information sent by you even if the same is caused by our negligence; or
• (c) any other cause of action, however stated.

6. Indemnity

6.1 You agree to indemnify, defend, and hold harmless Food Services, its franchisees, and their respective directors, officers, shareholders, employees and agents from all Losses, liabilities and expenses, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement, related to any violation of this Agreement and its Terms and Conditions by you or any user of your device, or in connection with your or their use of the Service.

7. Termination

7.1 We may suspend or restrict the Service, at any time without notice, or terminate these Terms and Conditions, including your right to access or use the Service, at any time:

• (a) if the operation or efficiency of the Service is impaired by your use of the Service;
• (b) you have breached any of these Terms and Conditions; or
• (c) without cause at our sole discretion.

7.2 These Terms and Conditions may be terminated by you by ceasing to use the Service.

7.3 Any termination or suspension of your right to use and/or access the Service will not relieve you from any liability under this Agreement prior to the time that such termination or suspension becomes effective.

7.4 Each term and provision of this Agreement that should by its sense and context survive any termination of this Agreement will survive, regardless of the cause of termination.

7.5 Upon any termination, your rights to use the Service will immediately cease.

8. Miscellaneous

8.1 These Terms and Conditions constitute the entire agreement and understanding between us and you regarding its subject matter and supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter.

8.2 Food Services and each franchisee, as the case may be, will have the right to enforce the Terms and Conditions of this Agreement.

8.3 Any failure by Food Services or its franchisees to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right.

8.4 If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained in this Agreement and the remainder of this Agreement will continue and will remain in full force and legal effect.

8.5 Where any provision of these Terms and Conditions conflicts with an applicable law, the law will supersede these Terms and Conditions only in respect of the conflicting provision.

8.6 These Terms and Conditions are governed by and construed in accordance with the laws of the province of the province in which this A&W restaurant is located and applicable laws of Canada.

8.7 We may assign our rights and obligations under these Terms and Conditions to any affiliated entity without your prior written consent. You may not assign or transfer your rights to the Service.

8.8 Unless the context otherwise requires, words importing the singular include the plural and vice versa.

8.9 You agree that any notices given by you to Food Services or any questions regarding this Agreement and its provisions must be given by e-mail (addressed to legalservices@aw.ca (Subject: Guest WiFi)), or by mail to A&W Food Services of Canada Inc., 300 - 171 West Esplanade, North Vancouver, British Columbia, V7M 3K9, Attention: Legal Services Department.