TATA COMMUNICATIONS (CANADA) LTD. | WiFi Hotspot Terms of Service

The terms below and our Acceptable Use Policy together make up the terms and conditions (“Terms”) under which Tata Communications (Canada) Ltd. (“Tata Communications”, “TC”, “we”, “us” or “our”) will provide a registered user (“you” or “your” or “customer”), with wireless access to the Internet service (“Service”) and your use of the Service is subject, at all times, to the Terms. The Terms bind you and TC at the earliest of- (i) when you accept these Terms online by selecting the ‘Click/Accept’ option; (ii) when you accept these Terms by e-signature; or (iii) when you commence the use of the Service, at which time a binding agreement is formed between you and TC.     

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS OR OBTAIN TRIAL BY JURY. THIS PROVISION AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICE. SEE SECTION 6 FOR DETAILS ON THIS PROVISION.

  1. THE SERVICE
    1. The Service provides connectivity between your equipment and the Internet.  We offer the Service to you and do not offer the underlying interface or device used to access the connectivity. In using the Service, you agree to these Terms; should you not wish to be bound by the Terms you should cease use of the Service. You will be bound by the Terms for the entire period that you use the Service.    
    2. Specifically, the Service provides access from the equipment to the public Internet.  We will not provide the equipment.
  2. USING THE SERVICE
    1. As required under applicable law, you must register to use the Service with genuine and truthful information.  You will not share your login details with anyone except as permitted on the Acceptable Use Policy and described herein. The Acceptable Use Policy can be found at https://www.tatacommunications.com/policies/acceptable-use/ and is subject to change at any time without notice to you. The modified terms will automatically apply to the Service and to your continued use except as provided below.
    2. We will not provide equipment to you.  We are not responsible for problems with your equipment that may inhibit or prevent your ability to use the Service.  Equipment provided to you, if any, from a third party (“Device Supplier”) is the responsibility of the Device Supplier. 
    3. We will do our best to provide the Service, however the Service may sometimes be unavailable in part or completely. We need not give you notice of the Service availability and we are not liable to you for any service interruption.  
    4. The Service may be subject to content filters that will block certain websites. Device filters may be required by applicable law and may vary based on your location. 
    5. The Service may be used only for lawful purposes.  You will not use or allow others to use the Service in any manner that is in violation of any applicable federal, provincial, municipal, or foreign laws or regulations, or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person.  You will not transmit or distribute any material in violation of any applicable law or regulation, including, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, or material that is obscene, illegal, defamatory, menacing, or violates export control laws.  Should we become aware of your misuse of the Service, we reserve the right to limit, restrict, or terminate your access to the Service.  You will be responsible for all activities taking place under your Service account.
    6. Although we may impose filters on certain websites, you may encounter content that you find offensive, objectionable, obscene, threatening, or harmful.  We do not control the content available using the Service, and it is your responsibility to control your access to the content you access while using the Service.   
    7. The Service is subject to certain variable performance characteristics that may impact your use of the Service.  We, and our underlying service providers, may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any specific period.  More information about the network management practices and performance characteristics applicable to this mass market Wi-Fi broadband Internet access service can be found at here.
    8. Extended use of the Service outside of your registered national location may be subject to additional limitations including throttling or lack of availability.
    9. We are not responsible for the accuracy, completeness, nature or timeliness of any information obtained through the Service, nor are we responsible for any goods or services supplied by any other party, even if those goods or services are accessed through the Service.
    10. We are not responsible for the security of your information and encourage you to take appropriate measures to ensure that your confidential information remains secure.
    11. Your use of the Service grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties accessed using the Service.
    12. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content that is accessed using the Service, unless permission is granted to you by the copyright holder of that content.
    13. Our Privacy Policy (available at the following address:TC’s Privacy Policy) explains how we collect, use and protect your personal information.
  3. YOUR OBLIGATIONS
    1. You agree that you will not use the Service:
      1. in contravention of our Acceptable Use Policy; https://www.tatacommunications.com/policies/acceptable-use/;
      2. for any illegal or unlawful purpose;
      3. in a way that would infringe the rights of others, including but not limited to infringing copyright;
      4. to send, knowingly receive, upload, download, or use any material that is offensive, abusive, indecent, defamatory, obscene or menacing; or
      5. in any way that interrupts, damages, impairs or renders the Service less efficient.
    2. You agree that you will:
      1. only access the Service using the interface provided by the Device Supplier and use compatible and lawful equipment to access the Service;
      2. ensure that your data and equipment is protected from damage or loss caused by failures, errors, delays or interruptions in the Service in addition to protection from viruses, trojans, malware or other threats; 
      3. disassociate yourself from the VIN and device, in the event you sell the device. The service will not transfer to another device or user. This contract is non-transferable; and
      4. indemnify us against all losses, liabilities, costs and expenses that we may incur as a result of any third-party claim against us arising from, or connection with, your breach of these Terms.
  4. PROTECTION OF YOUR INFORMATION
    1. We do not guarantee the security of your data.  Note that no measure can guarantee the security of your data and we make no assurances that the measures used are sufficient. Data encryption may or may not be available in your location.
    2. The security of your own data is your responsibility. We recommend that you install appropriate anti-virus software on the device that you use to access the Service.
    3. You will not use the Service in any way that may compromise our security or the security of other users of the Service.
    4. You will not share your access to the Service with others. If you do so, any breach of the Terms committed by them when using the Service shall be your responsibility
  5. TERM AND RENEWAL
    1. The duration of this agreement begins on the day your service is activated and will continue for a minimum period of twelve (12) months (the “Service Commitment Term”). You will pay for the Services in advance at the beginning of the Service Commitment Term.
    2. At the end of each Service Commitment Term, you may renew this agreement for a further period of one (1) year in accordance with section 5.3 below and a new Service Commitment Term will then commence.
    3. If your services are not renewed, your service may be terminated at the end of the agreed term. Termination may prevent use of all services relying on connectivity.
    4. If the services are provided on a month-to-month basis, then you must provide a written notice at least thirty (30) days in advance of the beginning of the next monthly Service Commitment Term to terminate the service. If your Agreement has no Service Commitment Term, it is a month-to-month Agreement.
    5. If your service is not renewed, Services may be suspended and de-activated without notice to you.
  6. BINDING ARBITRATION
    1. To the greatest extent permitted by applicable law, You and Tata Communications agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
      1. claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
      2. claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
      3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
      4. claims that may arise after the termination of this Agreement. 
    2. References to “you,” we, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of relevant agencies, for instance the telecommunication regulator in your location.  Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, to the greatest extent permitted by applicable law, TC and you and are each waiving the right to a trial by jury or to participate in a class action.  This Section 6 shall survive termination of this Agreement.
    3. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TATA COMMUNICATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless we both agree, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
  7. DISCLAIMER AND LIMITATION ON LIABILITY
    1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Except as listed herein, we have no responsibility to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from, or in connection with, use of the Service or inability to use or access the Service or a failure, suspension or withdrawal of all or part of the Service at any time or damage to physical property or for any other similar direct loss that may arise.
    2. We have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any indirect special, punitive, incidental, unforeseeable, economical or or consequential loss or damage whatsoever.
    3. Unless prohibited by law, the following limitations of liability apply. Your Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of spectrum, interruption of service by our underlying provider, system load, emergency conditions, or network outage.  Availability and access to the network may be restricted.  Access to certain websites or third-party services may be unavailable in your location.  
    4. Additional hardware, software, subscription, Internet access from your compatible computer, and/or special network connection may be required, and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third-party products and/or services, which are subject to any applicable third-party terms and conditions and may require separate purchase from and/or agreement with the third-party provider. Tata Communications is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
    5. We are not responsible for loss or disclosure of any sensitive information you transmit. You acknowledge that wireless connectivity is not as secure as wired connectivity. 
    6. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICES OR COVERAGE. WE MAKE NO WARRANTY AND THERE ARE NO CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY PLAN, DATA SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL WE BE LIABLE, WHETHER OR NOT DUE TO OUR OWN NEGLIGENCE, for any:
      1. act or omission of a third-party;
      2. mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
      3. damage or injury caused by the use of the Services, including use in a vehicle;
      4. claims against you by third parties; or
      5. damage or injury caused by a suspension or termination of the Services or by us.
    7. To the full extent allowed by law, you hereby release, indemnify, and hold us, including our officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, the Service and any person’s use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM OUR ALLEGED NEGLIGENCE or any violation by you of this Agreement. This obligation shall survive termination of your Agreement with us.    We are not liable to you for changes in operation, equipment, or technology that cause your ability to use the Service being rendered obsolete or requiring modification.
    8. THE AGGREGATE LIABILITY OF TATA COMMUNICATION UNDER OR RELATED TO THE SERVICES OR THIS AGREEMENT WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR TORT (INCLUDING NEGLIGENCE) OR ON THE BASIS OF ANY OTHER LEGAL OR EQUITABLE PRINCIPLE WILL BE LIMITED TO A MAXIMUM OF $500.00
    9. CERTAIN JURISDICTIONS MAY NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY IN YOUR LOCATION.  YOUR LEGAL RIGHTS UNDER THIS AGREEMENT MAY VARY BASED ON YOUR LOCATION.
  8. GENERAL
    1. We can change these Terms at any time.  We will provide notice of changes in the Terms in any manner acceptable by law, including by notifying you via e-mail.  If you do not wish to accept the modified Terms, your sole and exclusive option will be to cease using the Service. Your continued use of the Service after such notice will be deemed to constitute your express consent to be bound by the modified Terms. 
    2. If we need to notify you for any reason, we will do so by email when registering for the Service. If you need to notify or contact us, whether for a complaint or otherwise, please do so by email to movecustomers@tatacommunications.com.
    3. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, that part will be removed from this agreement and the other provisions shall continue to apply.
    4. The Terms shall be governed and construed under the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles [and, subject to the arbitration provisions in Section 6, you and TC each agree to submit to the exclusive jurisdiction of the courts of the province of Ontario for any matter arising from or related to this Agreement]. 
    5. If we determine that you have breached any of the Terms, we can limit, restrict, or terminate your access to the Service.
    6. You and Tata Communications confirm that it is our wish that this Agreement, as well as all other documents relating hereto, including all notices, be drawn up in the English language only.  Vous et Tata Communications aux présentes confirment notre volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise. 
    7. If you have questions about these Terms or the Service, we can be reached at movecustomers@tatacommunications.com.
    8. If you have a complaint that our customer service department (contact information listed above) has been unable to resolve to your satisfaction, you can contact the Commission for Complaints for Telecom-television Services (CCTS): P.O. Box 56067 – Minto Place RO Ottawa, Ontario, K1R 7Z1. Toll-free: 1 888 221-1687. TTY: 1 877 782-2384. Fax: 1 877 782-2924. Email: response@ccts-cprst.ca. CCTS website information is at: ccts-cprst.ca.