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Terms of Use

Last Amended: August 4, 2021

This website (“Website”) is owned and operated by Apex Utilities Inc., formerly AltaGas Utilities Inc. (“AUI”). Our head office is located at 5509 – 45 Street, Leduc, Alberta T9E 6T6. The online services (“Services”) made available and provided through this Website are made available and provided by AUI or its third-party service providers.

Please read these Terms of Use carefully before accessing or using this Website or any or all of the Services. By using this Website, you agree to these Terms of Use, and you agree to contract with AUI electronically. If you do not agree with and accept these Terms of Use, please do not use this Website or the Services.

AUI reserves the right, in its sole discretion, to amend these Terms of Use at any time, and from time to time.

 

General Legal Applicability

These Terms of Use apply to all use of this Website, and to all Services provided by AUI online. In the event of any conflict between any other statements or content on this Website or in the Services, these Terms of Use take priority and will govern.

All legal and equitable rights of AUI with respect to the Website and the Services are expressly reserved.

 

Use of the Internet

You acknowledge and agree that the Internet, email, and other means of electronically communicating and transacting, as well as the operation of software, algorithms, websites, and online services, may not be fully dependable or error-free, and you use the foregoing solely at your own risk.

AUI will have no liability for loss of, damage to, or alteration of data or information in transit over the Internet or via email or other means of electronic transmission, download or upload, or for failure or errors related to software, algorithms, websites and online services, including this Website and Services.

AUI recommends the use of appropriate anti-virus and security software and measures, and other protective mechanisms, including being fully educated and informed as to online risks and the possibility of scams and fraud. Any unprotected online communication is not secure and is not confidential, and may be lost, not received, intercepted, or altered. Please do not send confidential or sensitive information to us except by protected means, including the use of our Services.

 

Services

Accessing the Services may be subject to additional terms and conditions as set out in these Terms of Use. You may be asked to confirm your agreement to such additional terms and conditions if you choose to access our Services and AUI may decline to provide Services if you do not agree to such additional terms and conditions.

The Services are only available where AUI operates and provides services and are not available where AUI is unable to perform or provide Services, or where the Services are prohibited by law.

The Services available through this Website include:

 

Privacy

When you choose to use our Services, you provide consent to collect, use, and disclose your information as reasonably required to provide those Services. For more information, please review our Privacy Policy.

 

Consent to Commercial Electronic Messages

Where you are an existing customer, or in some circumstances where you have made inquiries of us with respect to becoming a customer, Canadian Anti-Spam Legislation (CASL) provides that we have your implied consent to send you commercial or promotional messages. It is our policy to rely on such implied consent where it exists should we wish to do so. Recipients of commercial or promotional messages from us may unsubscribe at any time using the unsubscribe function in such messages, in the customer portal, or other online services.

 

Disclaimer of Warranties and Conditions

Except as may be expressly agreed otherwise in writing by AUI, the information and materials on this Website, and all aspects and components of the Services are all provided strictly on an “as is”, “where is”, and “as available” basis for informational purposes and personal use only, and without warranties, representations, guarantees, or conditions of any kind, express or implied.

AUI grants, and you receive, only a limited, revocable, non-exclusive, personal, and non-transferrable license and permission to access and use the Website and any Services you agree to receive.

The information and materials contained in this Website and the Services are believed to be accurate and complete at the time of their posting or access by you. Although AUI attempts to ensure that all information and material remain current and accurate, AUI does not warrant or give any condition as to the accuracy, completeness, timeliness, or currency of any information, content, or materials contained in, or available through this Website, or in or through the Services. 

Without limitation, no warranty or condition of any kind, implied, express or statutory, or arising from usage or custom of trade, including but not limited to warranties or conditions as to non-infringement of intellectual property rights, proprietary rights, or third party rights, title, defects, availability, accuracy, timeliness, completeness, uninterrupted service, merchantability, fitness for a particular purpose, compliance with any description, and freedom from computer viruses, malware, or malicious code, is given by AUI, or received by you, in conjunction with the information, contents, or materials contained in, or available through this Website, or in or through the Services. 

 

Limitation of Liability

In no event will AUI be liable for any losses, damages, claims, costs, or expenses of any kind resulting from the use of this Website or the Services, or any information, materials or content available through this Website or the Services, including without limitation:

AUI expressly disclaims and will not be liable for any direct, indirect, special, consequential, incidental, or other damages of any kind, including without limitation, economic loss, loss of or damage to data, loss of profits, loss of or failure to realize expected revenue or savings, loss of opportunities, cost of replacement goods or services, or for expenses arising in connection with use of or reliance on the Website or the Services, even if AUI is advised of the possibility of such damages, losses or expenses, or the same are foreseeable.

 

Use of Services

Where you use our Services, including setting up a personal profile, a payment profile, making payments, or using Web Forms to contact us, in all cases you agree to and accept the following terms and conditions:

 

Jurisdiction and Venue

These Terms of Use, and your relationship with AUI in accessing this Website and using the Services shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with the laws applicable in the province of Alberta, Canada and shall be considered to have been made and accepted in Alberta, Canada, without regard to its conflict of law provisions.

All disputes under these Terms of Use will be resolved by the courts of Alberta in Edmonton, and, regardless of your residence, physical location, or domicile, you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You undertake and agree to bring no action in any other jurisdiction or venue, and to not bring any action by way of class proceedings or arbitration.

 

Proprietary Rights

The contents of this Website and the Services are proprietary and, to the extent not published, confidential, and are protected under the intellectual property, trademark, and copyright laws of Canada and of other countries. All rights not expressly granted are reserved. No licenses, or any right, title, or interest are granted by implication.

As stated above, users of this Website and the Services receive only a limited, revocable, non-exclusive, personal, and non-transferrable license and permission to access and use the Website and any Services users agree to receive for personal purposes only.

Deep linking or framing this Website or copying it for publication or public display without the permission of AUI is prohibited.

Certain names, words, titles, phrases, logos, icons, graphics, or designs in this Website or in the Services constitute trade names, trademarks, service marks, trade dress, or distinguishing guises of AUI, all rights reserved. No right to use or display any of the foregoing is granted except as may be expressly agreed by AUI in writing.

Removal or alteration of any proprietary marks, notices, or warnings, or alteration of any content, materials, data, or information contained in, available through, displayed by, or otherwise provided by AUI in the Website and the Services is strictly prohibited.

 

Links to Third Party Websites

Links to websites maintained or made available by third parties may be provided for purposes of convenience and personal use only. AUI does not control any third party website and is therefore not responsible for the content or performance of any linked website or any link contained in a linked website. Provision of links to third party websites does not imply or constitute any endorsement or approval by AUI of the content of such third party websites, nor imply that the linked website or information contained therein has been investigated or verified by AUI. Any collection of personal information by a third party or a third party website will be subject to the privacy policies and practices of that third party, not AUI. Third party websites are used solely at your own risk.

 

Indemnification

Visitors to this Website, and users of the Website or the Services agree at all times to indemnify, defend, and hold harmless AUI from all claims, liabilities, damages, costs, expenses, losses (including reasonable legal fees and expenses), sustained, incurred, or paid by AUI directly or indirectly in respect of: (i) any information or other content a visitor provides on or through this Website or which is sent to AUI by email or other correspondence; (ii) a visitor’s use or misuse of the contents of this Website, including, without limitation, violation of these Terms of Use and claims for infringement, violation, or misappropriation of any intellectual property rights, and (iii) any violation or breach of these Terms of Use by a user of the Services, or any component of the Services, or this Website.

 

General Terms and Conditions

The following general terms and conditions apply to use of and access to the Website, and to use of and access to the Services where AUI agrees to provide Services: