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By clicking the Accept & Connect button, you are agreeing to the Second Cup Coffee Co.™  Terms and Conditions.

Second Cup Wi-Fi - Terms and Conditions

Last Updated: August 20, 2016.

Your access to and use of The Second Cup Ltd (“Second Cup”) Wi-Fi access (the “Services”) is subject to the following terms and conditions (“Terms”). Please carefully review these Terms. By using the Services, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to be legally bound by these Terms.

These Terms may be revised by Second Cup at any time without notice or liability. Your continued access to and/or use of the Services after any such changes constitutes your (and your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) acceptance of, and agreement to be legally bound by, these Terms, as revised. It is your sole responsibility to regularly check to determine if there have been any changes to these Terms and to review such changes.

If you do not agree to comply with these Terms, you must not access or use the Services.

We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of the Services, without liability or notice to you.

1. Access to Second Cup Wi-Fi

In order to access Services, you must be a visitor to a Second Cup location at which we choose to make the Services available. The availability of the Services, and the locations at which they are offered, may vary from time to time, and is not guaranteed.

You are responsible for providing all hardware and other equipment (“Device”) required to access and use the Services. You are responsible for ensuring the compatibility of your Device with the Services.

2. Information on the Internet

Second Cup does not guarantee the quality of the information and/or materials available on the internet or through the Services. It is your responsibility as a user of the Services to determine the validity, quality and relevance of any information and/or materials you obtain.

All content transmitted on or via the Services is the sole responsibility of the originator, not Second Cup. As Second Cup has no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. By using the Services, you understand and agree that you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.

3. Acceptable Use Policy

Second Cup intends for the Services to be used in a manner that does not offend the standards of the general community and may in its absolute and sole discretion, limit or block access to websites and/or content that do not meet those standards, that otherwise do not comply with these Terms, or that is otherwise determined to be objectionable or offensive by Second Cup. You may not access any such websites and/or content using the Services. Prohibited websites and/or content include, but are not limited to, websites and/or content that:

  1. Could cause Second Cup to be in breach of any law or regulations or to incur a liability to any third party.
  2. Is in violation of any applicable law or regulation.
  3. Could interfere with the integrity and/or performance of the Services, Second Cup’s networks, locations, other services, or equipment.
  4. Constitutes, promotes or encourages offensive or illegal behaviour.
  5. Promotes racism, bigotry, hatred or physical harm to any group or individual.
  6. Harasses or promotes the harassment of another person.
  7. Exploits people in a sexual or violent manner.
  8. Contains nudity, violence or offensive subject matter or which may constitute or connect to adult websites.
  9. Promotes or constitutes conduct that is libelous, abusive, threatening, obscene or defamatory.
  10. Infringes intellectual property rights, or any other right of any person and/or organization.
  11. Involves the transmission of junk mail, chain letters or unsolicited mailing, instant messaging or spamming.
  12. Contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programs and/or technologies that may damage, harm, interfere or intercept/interrupt the Service, and/or Second Cup’s networks, locations, other services, or equipment.
  13. Could reflect poorly on the reputation of Second Cup.

You must be respectful of all other users of the Services and of all persons present at the location where the Services are offered and must not interfere with their use or enjoyment of the Services or such location.

Excessive use of bandwith and/or network capacity (as may be determined by Second Cup in its sole and absolute discretion) is prohibited. Second Cup reserves the right to limit or restrict usage or the speeds at which you receive the Services the bandwidth you are able to consume and/or the amount of data you are able to download and/or upload using the Services, at any time and at our sole and absolute discretion.

You shall not sell, resell, transfer, distribute, share or exploit for commercial purposes the Services. The Services are not intended for business use and may not be used for business purposes or processes. Hacking, accessing, tampering with, or using non-public areas of the Services or technical delivery systems of Second Cup and/or its providers, or probing, scanning, or testing the vulnerability of the Services or of any system or network or breaching or circumventing any security or authentication measures are prohibited.

You are solely responsible for your use of the Services, for any content you provide through the Services, 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 Services.

If Second Cup becomes aware that websites or content are accessed in contravention of these Terms, or that any user is in violation of these Terms, it reserves the right to immediately terminate and block the access without prior notice.

Users should be aware that the browsing or downloading of illegal information or materials from the internet could lead to prosecution.

4. Security

The transmission of data or information (including communications by e-mail) over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Second Cup cannot guarantee the security of the Services. Your access and use of the Services is at your own risk. The onus is on you as user to ensure that any usernames, passwords and security-based information are kept private and that firewalls and other security protocols are installed to help prevent unauthorised access to your computer or other device. You assume full responsibility for taking any security measures necessary to protect yourself, your device, or your communications when using the Services.

SECOND CUP IS NOT LIABLE FOR ANY KIND OF LOSS OR DAMAGES YOU MAY SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICES.

5. Privacy

Without limiting the generality of these Terms, your use of the Services is subject to the terms of our Privacy Policy , which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the Services, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to our Privacy Policy.

Second Cup is not responsible for the use that any third party may make of personal information obtained through use of the Services and you should make your own enquiries to satisfy yourself of the applicable policies for use of private information by the websites accessed by you.

Second Cup retains the right to monitor the Services from time to time and to disclose any information as necessary to: (i) satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against you or other users; (ii) to operate the Services properly; or (iii) to help ensure or enforce compliance with these Terms or to protect Second Cup or any other users of the Services or visitors at the location where they are available.

6. Disclaimer of Warranties

BY USING THE SERVICES, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SERVICES AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE SERVICES MAY BE INTERRUPTED, LIMITED OR CURTAILED, INCLUDING WITHOUT LIMITATION, DUE TO MAINTENANCE AND REPAIR WORK, TRANSMISSION OR EQUIPMENT LIMITATIONS/FAILURES, COLLOCATION FAILURES OR DUE TO AN EMERGENCY. SECOND CUP DOES NOT GUARANTEE THE PERFORMANCE OF THE SERVICES. THE RELEASEES ARE NOT RESPONSIBLE FOR DATA, MESSAGES OR PAGES THAT YOU MAY LOSE OR THAT BECOME MISDIRECTED BECAUSE OF INTERRUPTIONS OR PERFORMANCE ISSUES WITH THE SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SECOND CUP, ITS PARENTS, AND AFFILIATES AND EACH OF THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER, DEVICE AND/OR SOFTWARE; (II) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SERVICES WILL BE SECURE; (V) THE USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, DEVICE, SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

7. Release and Indemnity

BY USING THE SERVICES, YOU RELEASE AND DISCHARGE THE RELEASEES FROM ANY LIABILITY WHICH MIGHT ARISE FROM THE USE OF THE SERVICES INCLUDING LIABILITY IN RELATION TO DEFAMATORY OR OFFENSIVE MATERIAL OR ANY BREACH OF THE COPYRIGHT WHICH MAY OCCUR AS A RESULT OF USE.

YOU AGREE TO INDEMNIFY AND MUST DEFEND AND HOLD HARMLESS THE RELEASEES, FROM AND AGAINST ALL LOSS, DAMAGE, LIABILITY, CHARGE, EXPENSE (INCLUDING ALL REASONABLE LEGAL AND OTHER PROFESSIONAL COSTS ON A FULL INDEMNITY BASIS) OF ANY NATURE OR KIND ARISING FROM YOUR USE OF THE SERVICES, OR YOUR BREACH OF THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT SECOND CUP HAS ENTERED INTO THIS AGREEMENT WITH YOU (OR, WITH YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND MAKES THE SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU (OR, YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND SECOND CUP. YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THESE TERMS.

9. General

If any provision of these Terms is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.

These Terms and our Privacy Policy are the entire agreement between Second Cup and you regarding the Services. These Terms supersede and replace any prior agreements between Second Cup and you regarding the Services.

For users who are not individuals resident in Quebec, these Terms, your use of the Services, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf if you are a minor) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of the Platform and any related matters.

For users who are individuals resident in Quebec, this Agreement, your use of the Services, and all related matters shall be governed solely by the domestic laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf if you are a minor) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in relation to all disputes arising from or related to this Agreement, your use of the Platform and any related matters.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

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