Please carefully read these terms of service (“terms”) which govern your use of the Wi-Fi internet services provided on Winnipeg Transit buses by the City of Winnipeg (“Winnipeg Transit Wi-Fi”). By accessing Winnipeg Transit Wi-Fi, you agree to comply with these terms which constitute a legally binding agreement between you and the City of Winnipeg. if you do not accept these terms, do not access, or use Winnipeg Transit Wi-Fi.

Service Terms

Winnipeg Transit Wi-Fi is not intended for business use and should not be used for business purposes or processes. The City of Winnipeg will use commercially reasonable efforts to provide access to Winnipeg Transit Wi-Fi to you, however, you acknowledge that The City of Winnipeg cannot guarantee that wireless access will be available at all locations, on all vehicles, all of the time or that access will be at any particular bandwidth rate.

Disclaimer of Warranties

Winnipeg Transit Wi-Fi is provided on an ‘as is’ and ‘as available’ basis. The City of Winnipeg neither represents nor warrants that Winnipeg Transit Wi-Fi will be uninterrupted, error-free, or free of viruses or other harmful components. The City of Winnipeg disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Content

User Content

You are solely responsible for your use of Winnipeg Transit Wi-Fi, for any content you provide through Winnipeg Transit Wi-Fi, 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 Winnipeg Transit Wi-Fi.

Third Party Content

All content transmitted on or via Winnipeg Transit Wi-Fi is the sole responsibility of the originator. By using Winnipeg Transit Wi-Fi, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.

Security

The City of Winnipeg does not guarantee the privacy of any transmission you make through Winnipeg Transit Wi-Fi or the security of your device or equipment against viruses or other malicious code. You should have no expectation of privacy from third parties when transmitting information through Winnipeg Transit Wi-Fi. You should acknowledge that Wi-Fi systems are inherently insecure and can be vulnerable to malicious attacks from third parties and that it is your responsibility to protect yourself against such attacks when using Winnipeg Transit Wi-Fi.

Monitoring

The City of Winnipeg retains the right to monitor Winnipeg Transit Wi-Fi 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 end users;
(ii) to operate Winnipeg Transit Wi-Fi properly; and/or
(iii) to ensure or enforce compliance with these Terms or to protect The City of Winnipeg or The City of Winnipeg’s other customers. The City of Winnipeg also 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.

Requirements and Conditions for Access to and Use of Winnipeg Transit Wi-Fi

Acceptable Use Policy

You agree, that in accessing and using Winnipeg Transit Wi-Fi, you will not engage in any illegal, harmful, unauthorized or unlawful activity, including without limitation:

1. violation of any applicable laws or regulations;
2. infringement of intellectual property rights;
3. hacking, accessing, tampering with, or using non-public areas of Winnipeg Transit Wi-Fi or technical delivery systems of The City of Winnipeg and its providers;
4. probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures; interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on Winnipeg Transit Wi-Fi;
5. using Winnipeg Transit Wi-Fi for high volume or commercial use;
6. using any automatic method to avoid inactivity disconnect, or to otherwise maintain a connection unless you are actively using the connection;
7. uploading to, distributing to, or otherwise disseminating through Winnipeg Transit Wi-Fi any material or information of any kind that is libelous, defamatory, obscene, pornographic or abusive; or
8. impersonating any person or falsely misrepresent your affiliation with any person or entity.

Without prejudice to The City of Winnipeg’s other rights and remedies, The City of Winnipeg may take any one or more of the following actions in response to breaches of these Terms:

(i) issue warnings, written or oral;
(ii) suspend your access to Winnipeg Transit Wi-Fi;
(iii) bring legal action to prevent violations and/or to collect damages The City of Winnipeg is legally entitled to, if any, caused by violations.

Miscellaneous Terms

Governing Law

Any disputes arising hereunder shall be governed exclusively by the laws of the province of Manitoba 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 Manitoba to resolve any disputes.

Waiver and Severability

No waiver 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 enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

Privacy

During the provision of this service, the City of Winnipeg may collect your mobile device identifier, device IP address, device MAC address, and destination servers accessed. Any personal information collected is done so pursuant s.36(1)(b) of The Freedom of Information and Protection of Privacy Act. This information will be used to provide Winnipeg Transit Wi-Fi services and will not be used or disclosed for any other purposes, except as authorized by law. If you have any questions about the collection of this information, contact the Corporate Access and Privacy Officer by mail to City Clerk’s Department, Administration Building, 510 Main Street, Winnipeg MB, R3B 1B9, or by telephone at 311.

Entire Agreement

These Terms and our Privacy Policy are the entire agreement between The City of Winnipeg and you regarding Winnipeg Transit Wi-Fi. These Terms supersede and replace any prior agreements between The City of Winnipeg and you regarding Winnipeg Transit Wi-Fi. By continuing to access or use Winnipeg Transit Wi-Fi after those revisions become effective, you agree to be bound by the revised Terms.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances shall the City of Winnipeg, its affiliates or their related companies, and each of their respective directors, officers, employees and agents (collectively “the City of Winnipeg”) be liable for any indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, Winnipeg Transit Wi-Fi, any content, information, material, or postings, 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 the City of Winnipeg shall not be liable for any defamatory, offensive or illegal conduct of any user, including you.

Indemnification

You agree to defend, indemnify and hold harmless The City of Winnipeg from and against all claims, liability, and expenses, including all legal fees and costs, arising out of:

(i) your breach of any provision of these Terms; or
(ii) the placement or transmission of any information or other materials through Winnipeg Transit Wi-Fi made by you or others using your account. The City of Winnipeg reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defense of any claim.

Suspension and Termination

If you are dissatisfied with Winnipeg Transit Wi-Fi or with these Terms or our Privacy Policy, your sole and exclusive remedy is to discontinue using Winnipeg Transit Wi-Fi. These Terms shall survive any such termination. The City of Winnipeg reserves the right in its sole discretion to suspend or terminate your account and/or access to Winnipeg Transit Wi-Fi at any time with or without prior notice in the event that you have violated these Terms. The City of Winnipeg may suspend the operation of Winnipeg Transit Wi-Fi for repair or maintenance work or in order to update or upgrade the contents or functionality of Winnipeg Transit Wi-Fi from time to time.

You expressly acknowledge that you have read this agreement and understand the rights, obligations, terms of service set forth herein. By using Winnipeg Transit Wi-Fi you expressly consent to be bound by these terms of service.