Terms & Conditions

WE THANK YOU FOR YOUR INTEREST IN THIS HOTSPOT AND THE 802.11 WIRELESS SERVICE AND INTERNET ACCESS (THE “SERVICE”). THE KING BLUE HOTEL TORONTO WI-FI SERVICE IS AN INTERNET ACCESS SERVICE PROVIDED BY KING BLUE HOTEL TORONTO WHICH PROVIDES YOU WITH ACCESS TO THE INTERNET VIA WIRELESS ACCESS POINTS, EACH A ‘HOTSPOT’, UTILIZING ONE OR MORE OF THE 802.11 PROTOCOLS COMMONLY REFERRED TO AS ‘WI-FI’. THIS HOTSPOT IS OPERATED BY KING BLUE HOTEL TORONTO (THE " KING BLUE HOTEL TORONTO HOTSPOT"). 

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE KING BLUE HOTEL TORONTO HOTSPOT OR THE SERVICE. THESE TERMS AND CONDITIONS BETWEEN YOU AND KING BLUE HOTEL TORONTO SET OUT DUTIES AND RESPONSIBILITIES ASSOCIATED WITH THE USE OF 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 AND FOR ANY DISRUPTION, CORRUPTION OR INTERRUPTION OF THE SERVICE CAUSED BY YOU OR ANY USER OF YOUR DEVICE. 

BY USING THE KING BLUE HOTEL TORONTO HOTSPOT AND/OR THE SERVICE, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO BE BOUND BY OR TO COMPLY WITH THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. “YOU” MEANS YOU AND EVERY PERSON YOU ALLOW TO USE THE SERVICE. 

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT YOUR CONSENT OR AUTHORIZATION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, INCLUDING MODIFICATION OR TERMINATION OF THE SERVICE OR ANY COMPONENTS THEREOF. KING BLUE HOTEL TORONTO WILL NOTIFY YOU OF ANY CHANGES TO THESE TERMS AND CONDITIONS BY POSTING NOTICE OF THE MODIFIED TERMS AND CONDITIONS ON THE ‘LOGIN’ OR ‘INTERCEPT’ PAGE THAT IS PRESENTED TO YOU WHEN YOU FIRST ACCESS THE SERVICE FROM A HOTSPOT. YOU AGREE TO PERIODICALLY REVIEW THE THEN-CURRENT TERMS AND CONDITIONS IN ORDER TO BE AWARE OF ANY MODIFICATIONS AND YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THESE TERMS AND CONDITIONS, YOU AGREE THAT YOU WILL BE UNABLE TO USE THE SERVICE. 

INDEMNITY 
YOU AGREE TO INDEMNIFY AND HOLD KING BLUE HOTEL TORONTO, ITS AFFILIATES, AGENTS AND SUPPLIERS HARMLESS FROM ALL LIABILITIES AND EXPENSES RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR ANY USER OF YOUR DEVICE, OR IN CONNECTION WITH YOUR OR THEIR USE OF THE SERVICE. WHILE USING THE SERVICE, YOU MAY NOT POST, TRANSMIT OR OTHERWISE DISTRIBUTE INFORMATION CONSTITUTING OR ENCOURAGING CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENCE OR GIVE RISE TO CIVIL LIABILITY OR WOULD CONTRAVENE ANYONE’S HUMAN RIGHTS, OR OTHERWISE USE THE SERVICE IN A MANNER WHICH IS CONTRARY TO LAW OR TO KING BLUE HOTEL TORONTO THEN-CURRENT POLICIES OR WOULD SERVE TO RESTRICT OR INHIBIT ANY OTHER USER FROM USING OR ENJOYING THE SERVICE OR THE INTERNET 

1. The Service and Use of the Service 

1.1 Access to Service and Service Availability 
Access to this Service requires 802.11 wireless access capability in your device, and you are responsible for making sure your device is compatible with the Service. King Blue Hotel Toronto does not guarantee the performance of the Service. The Service is only available where King Blue Hotel Toronto HotSpot facilities exist. King Blue Hotel Toronto assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability or unsuitability of the Service in your geographical area, in particular due to changes in the location and configuration of King Blue Hotel Toronto HotSpots. You understand that any content that you may access through the Service may be subject to network management in order to ensure that all users of the Service receive reasonable access to the Service. 

1.2 Security. 
Public wireless access systems use radio signals to transmit voice and data information over a network. While King Blue Hotel Toronto HotSpots may use security system technology, there is no guarantee of privacy and you should have no expectation of privacy from third parties when transmitting information through the Service. Any such use shall be at your sole risk. King Blue Hotel Toronto, its affiliates and its agents shall be relieved from all liability in connection therewith. HotSpots represent additional security risk as compared with wired Internet connection because access to your compatible device is possible without being physically connected to your device, therefore, it is strongly recommended that you (and it is your responsibility to) ensure that the configuration of your device is secure. In order to work with the widest variety of devices, you acknowledge that the King Blue Hotel Toronto HotSpots do not provide any level of encryption. If you decide to use security software in your device such as personal firewalls or encryption, King Blue Hotel Toronto assumes no responsibility for its operation or effectiveness. 

King Blue Hotel Toronto will not be responsible for any corrupted files, viruses, malware or other harmful components which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, loss of use, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in immediate termination of your access to the Service. 

King Blue Hotel Toronto has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the Service and King Blue Hotel Toronto is not responsible for any of this material or information. You agree that King Blue Hotel Toronto has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against you or other end users; to operate the Service properly; ensure or enforce compliance with these Terms and Conditions; or protect King Blue Hotel Toronto, King Blue Hotel Toronto HotSpots, the Service or King Blue Hotel Toronto Hotspot’s other customers. 

King Blue Hotel Toronto has no obligation to monitor the Service. However, King Blue Hotel Toronto reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, King Blue Hotel Toronto reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient. 

1.3 Use of the Service. 
You may not use the Service or any content, material, or information found through the use of the Service to engage in any illegal, abusive, annoying, offensive or harmful activity, including without limitation violation of any applicable laws or regulations, infringement of intellectual property rights, commission of or encouragement of a criminal offence, stealing, harassment, spamming or disrupting or interfering with the Internet, any network, computer, or other device, including but not limited to transmission of malware or other harmful component. Using the Service for high volume or commercial use such as reselling the Service or advertising is prohibited. You are prohibited from sharing the Service with another person or using any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless you are actively using the connection. 

You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, a form of harassment or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Service. 

Users should be aware that local laws governing the Internet vary from jurisdiction to jurisdiction. Users must comply with the relevant laws, including but not limited to laws outside of Canada, governing the transmission of information or technical data that is exported from Canada or information or data that is imported to Canada. 

You may not impersonate any person or falsely misrepresent your affiliation with any person or entity. King Blue Hotel Toronto, its affiliates, and related companies assume no responsibility for any claims resulting from your use of the Service for any reason, including but not limited to the possibility of your contracting computer viruses or accessing Internet information and content that is offensive, inaccurate, or inappropriate. 

Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden. 

1.4 Consent under the Canadian Anti-Span Legislation (CASL) to receive Commercial Electronic Messages (CEM). 

By providing your consent to receive CEM from King Blue Hotel Toronto, and their affiliates, you are expressly consenting to receive CEM under the CASL. There is no time limit unless the recipient withdraws his or her consent. 

By entering your email address and connecting to the King Blue Hotel Toronto Hotspot, you may have provided an implied consent to receive CEM for a period no longer than two years or until this implied consent is withdrawn by the recipient, using one of the unsubscribe mechanisms provided in each one of the CEMs.   

1.5 Disclaimer Regarding Third Party Content/Linking. 
King Blue Hotel Toronto exercises no control over content, web pages, or sites not owned by King Blue Hotel Toronto. King Blue Hotel Toronto has no control over such sites and information and therefore makes no guarantee as to such sites and information, including the accuracy, currency, content or quality of any such sites and information. Be aware that some content, products and services (“content”) available with or through the Service may be offensive to you or may not comply with applicable laws where you access the Service. You understand that neither King Blue Hotel Toronto nor any of its affiliates or agents attempt to censor or monitor any such content. You assume total responsibility and risk for access to, reliance upon and use of such content and for use of the Internet. King Blue Hotel Toronto and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such content. 

2. Disclaimer of Warranty 

2.1 
THE INFORMATION CONTAINED ON THE KING BLUE HOTEL TORONTO HOTSPOT IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S NEED. THE SERVICE AND KING BLUE HOTEL TORONTO HOTSPOT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KING BLUE HOTEL TORONTO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR MALWARE OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KING BLUE HOTEL TORONTO, ITS AFFILIATES AND ITS RELATED COMPANIES DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, KING BLUE HOTEL TORONTO HOTSPOT AND THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICE, THE KING BLUE HOTEL TORONTO HOTSPOT AND THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE IS WITH YOU. KING BLUE HOTEL TORONTO, ITS AFFILIATES AND ITS RELATED COMPANIES DO NOT WARRANT THAT THE SERVICE, THE KING BLUE HOTEL TORONTO HOTSPOT OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE OR THE KING BLUE HOTEL TORONTO HOTSPOT WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM DEFECTS, VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE KING BLUE HOTEL TORONTO HOTSPOT IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION GIVEN BY KING BLUE HOTEL TORONTO OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. 

2.2 
THE INFORMATION CONTAINED ON THE KING BLUE HOTEL TORONTO HOTSPOT IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S NEED. THE SERVICE AND KING BLUE HOTEL TORONTO HOTSPOT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KING BLUE HOTEL TORONTO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR MALWARE OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KING BLUE HOTEL TORONTO, ITS AFFILIATES AND ITS RELATED COMPANIES DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, KING BLUE HOTEL TORONTO HOTSPOT AND THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICE, THE KING BLUE HOTEL TORONTO HOTSPOT AND THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE IS WITH YOU. KING BLUE HOTEL TORONTO, ITS AFFILIATES AND ITS RELATED COMPANIES DO NOT WARRANT THAT THE SERVICE, THE KING BLUE HOTEL TORONTO HOTSPOT OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE OR THE KING BLUE HOTEL TORONTO HOTSPOT WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM DEFECTS, VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE KING BLUE HOTEL TORONTO HOTSPOT IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION GIVEN BY KING BLUE HOTEL TORONTO OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. 

3. Limitation of Liability 

3.1 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL KING BLUE HOTEL TORONTO OR ITS AFFILIATES OR ITS RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE KING BLUE HOTEL TORONTO HOTSPOT, THE SERVICE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE KING BLUE HOTEL TORONTO HOTSPOT, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER KING BLUE HOTEL TORONTO NOR ITS AFFILIATES NOR ITS RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. 

4. Recourse/Termination of Service 

4.1 
If you are dissatisfied with the King Blue Hotel Toronto Hotspot, the Service or with these Terms and Conditions, or in the event of any breach by King Blue Hotel Toronto, its affiliates, suppliers or agents, including any breach of a fundamental term of these Terms and Conditions or any negligence, your sole and exclusive remedy is to discontinue using the King Blue Hotel Toronto HotSpot and the Service. These Terms and Conditions shall survive any such termination. 

4.2 
King Blue Hotel Toronto reserves the right in its sole discretion to terminate your access to the King Blue Hotel Toronto HotSpot and/or the Service at any time with or without notice. 

5. Miscellaneous Terms 

5.1 
Any disputes arising hereunder shall be governed exclusively by the laws of the province of British Columbia and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of British Columbia and/or the Federal Court of Canada in British Columbia, or any other judicial district or jurisdiction as King Blue Hotel Toronto may determine in any and all actions, disputes, or controversies relating hereto. These Terms and Conditions constitute the entire agreement between King Blue Hotel Toronto and you with respect to your use of the King Blue Hotel Toronto HotSpot and the Service and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by King Blue Hotel Toronto to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. No waiver by either King Blue Hotel Toronto or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. These Terms and Conditions will inure to the benefit of King Blue Hotel Toronto, its successors, assigns and licensees. 

5.2 (Province of Quebec) 
The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.