LAST UPDATED: April 29, 2014
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1.1 If you are accessing the Site on your own behalf as an individual, "you" refers to you as an individual. If you are accessing the Site on behalf of anyone else (for example, on behalf of a business), "you" refers to that person or entity and you as an individual represent and warrant to and covenant with ENWIN that you as an individual have the authority to bind that person or entity.
1.3 You represent and warrant to ENWIN that any information you provide to ENWIN is true, and you agree that you will maintain and promptly update such information to keep it true and current.
2.1 A "User" is any individual who accesses the Site.
2.2 A "ENWINconnect User" is any User who has been authorized by ENWIN to access the non-public ENWINconnect portion of the Site (i.e. has requested and been given a user ID and password to do so).
3.5 Please note that if you are accessing the Site from a mobile device, the carrier who supplies you with the mobile service will charge you for your use of the mobile service to access the Site.
4.1 ENWIN reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its domain name. ENWIN may change the Site without prior notice to you.
4.3 All information, content, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, postings, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the Site is "Content".
4.4 Without limiting sections 11.1 or 11.2, ENWIN does not represent, warrant or covenant that any Content will be:
(a) available at all times;
(b) accessible regardless of the hardware or software that you wish to employ to access it; or
(c) accurate and timely, notwithstanding ENWIN's use of commercially reasonable efforts to identify and eliminate errors.
4.5 The Content is provided for general information purposes only. It is not advice being given by ENWIN to you, and you agree to seek professional advice specific to your circumstances before deciding to rely upon the Content.
4.7 If you are a ENWINconnect User, you may also retain multiple copies of the Customer Data relating to your use of ENWIN s services for your operating and financial records, provided that any marks, logos or other legends that form part of that Customer Data are not removed from the copy.
4.8 Except as expressly set out in section 4.6 or section 4.7, all rights in and to any item of Content are reserved by ENWIN or its suppliers. Consequently, you need to obtain ENWIN's prior consent if you wish to modify, publish, display, transmit, adapt, sell, license or in any way exploit any item of Content in any way not permitted by section 4.6 or section 4.7.
4.10 Names, phrases, words, titles, logos, icons, graphics, images or designs, used throughout the Site may be trade names, registered or unregistered trade-marks or services marks (the "Marks") of ENWIN, its licensors or other entities and individuals. The Marks are protected by Canadian and international trade-mark and other laws. Any use of any of the Marks without the express of the owner of the Mark is strictly prohibited.
5.1 The non-public ENWINconnect spaces of the Site are accessible to ENWINconnect Users and ENWIN personnel only, and both a user ID and a password is required for access.
5.2 In the ENWINconnect spaces of the Site, ENWIN makes a number of tools available (the "Tools"). ENWIN may change the features and functionality of any Tool from time to time, and ENWIN may add or remove Tools from the Site from time to time.
5.3 One or more Tools may be used by a Customer to access information relating to its use of the services that it acquires from ENWIN. This information is "Customer Data".
5.4 Without limiting sections 11.1 or 11.2, ENWIN does not represent, warrant or covenant that any Customer Data will be:
(a) available at all times;
(b) accessible regardless of the hardware or software that you wish to employ to access it; or
(c) accurate and timely, notwithstanding ENWIN s use of commercially reasonable efforts to identify and eliminate errors.
5.5 A request for services from ENWIN made through the Site is not accepted by ENWIN until ENWIN confirms with you in email or by telephone that: (i) the request is being treated as an order; and (ii) the order has been accepted by ENWIN. If you do not receive a confirmation within a reasonable period of time after making a request, you should follow up with ENWIN.
6. USER IDS AND PASSWORDS
6.1 When you register with the Site, you will be asked to provide a suggested user ID. Please note that the assignment of the suggested user ID or any other user ID to you is in ENWIN's discretion. ENWIN may, at any time, change any user ID assigned to you. ENWIN will notify you should it do so.
6.2 Please note that the assignment of a password to you is in ENWIN s sole discretion (even if you suggested the password that is assigned). ENWIN may, at any time, change any password assigned to you. ENWIN will notify you should it do so.
6.3 You are responsible for all activities conducted under any user ID or password given to you by ENWIN and you will take all necessary steps to ensure that no one other than you knows or uses your user ID or password. If you have any reason to believe that your password has become known to or been used by any other person, you will: (i) immediately use the utility on the Site to request a change to your password; and (ii) promptly inform ENWIN that your password has or may have been compromised.
7. THIRD PARTY LINKS, APPLICATIONS AND SERVICES
7.1 ENWIN or third parties may provide links to resources not forming part of the Site. You acknowledge and agree that ENWIN (i) has no control over such resources; (ii) does not endorse them; (iii) is neither responsible nor liable for them or other materials available from such resources; and (iv) will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources. If you choose to rely on or use them, you do so at your own risk.
7.2 From time to time, ENWIN may allow a third party to make content, an application or a service available through the Site ("Third Party Resource"). You acknowledge and agree that ENWIN; (i) does not guarantee the accuracy, integrity or quality of any Third Party Resources; (ii) is neither responsible nor liable for them; and (iii) will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any Third Party Resources. Before using or relying on any Third Party Resources, you should read the applicable terms and conditions from the third party. Use of any such resource by you is at your own risk. Please note, if you provide any information to a third party (e.g., your contact information or credit card information) such information is collected by the third party and not by ENWIN.
8. IMPROPER USE
8.1 You will not:
(a) seek to gain unauthorized access to the data of any Customer of ENWIN;
(b) impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity including ENWIN;
(c) interfere with or disrupt the operation of the Site or any other User's use of the Site;
(d) interfere with, disrupt or damage the servers or networks used by ENWIN to provide the Site or by any User to access the Site;
(e) wilfully bypass or subvert any physical, logical or procedural safeguards put in place by ENWIN to protect the Site and its related infrastructure such as firewalls, web-filtering software or other access controls;
(f) access the Site or Tools through any automated means (for example, bots or web crawlers) without ENWIN's prior written consent;
(g) adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of the Site (including the Tools); or
(h) use the Site to collect personally identifying information about Users for any purpose without the consent of the affected Users.
9.1 From time to time, you may choose to ask, make or provide questions, suggestions, ideas, comments, recommendations, feedback, requests or other information relating to the Site ("Feedback") to ENWIN. By providing any Feedback to ENWIN you: (i) agree that the Feedback is not confidential; and (ii) assign all right, title and interest in and to the Feedback to ENWIN including all intellectual property rights. ENWIN shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose (commercial or otherwise) without any acknowledgment of or compensation to you.
10. PRIVACY AND SECURITY
10.2 ENWIN reserves the right to communicate with you regarding your use of the Site. You consent to ENWIN's use of any contact information that you provide to ENWIN in doing so. The content included in any such communication is deemed to be Content made available on the Site by ENWIN.
10.3 ENWIN uses reasonable security measures to secure the technology infrastructure that ENWIN uses to provide the Site. The security measures used are in the sole discretion of ENWIN and they may change from time to time.
10.4 ENWIN may aggregate and depersonalize any information relating to how Users use the Site. Provided that the information cannot be linked back to you, ENWIN may use the information without obtaining any further consent from you.
10.5 ENWIN may aggregate and depersonalize any information relating to a User provided to ENWIN when an account is created for the User or in relation to the administration or use of that account. If those materials are aggregated and depersonalized, ENWIN ay use such data without obtaining any further consent.
11.1 The Site (including all Content, Tools and, if applicable, any Third Party Resources) are provided "AS IS" and "AS AVAILABLE" without warranty or conditions of any kind, either express or implied.
12. LIMITATION OF LIABILITY
12.2 IN NO EVENT WILL ENWIN, ITS REPRESENTATIVES OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS ACCESSED THROUGH ANY LINKS PROVIDED ON THE SITE.
14. INTELLECTUAL PROPERTY INFRINGEMENT
14.1 It is the policy of ENWIN to investigate and respond to claims of intellectual property infringement. Notices of claimed infringement should be directed to ENWIN's Legal Department and can be sent by using the "Contact Us" button on the Site or by sending a letter by regular mail or courier to the Copyright Compliance Officer at the address set out below:ENWIN Utilities Ltd.
787 Ouellette Ave.,
Attention: Legal Department - Copyright Compliance
Put "Notice of Infringement" in the subject line of all such notifications and include in each: (i) your contact information; and (ii) a reasonably detailed description of the materials alleged to be infringing and the proprietary rights belonging to you that are alleged to be infringed.
18.2 No term of the Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of the Agreement may be waived except in a writing signed by the party waiving enforcement.
18.4 The Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in that province. You agree to attorn to the jurisdiction of the courts of the Province of Ontario located in Windsor, Ontario for the conduct of any legal proceedings under, or related to, the Agreement.
18.5 Except as expressly provided otherwise in the Agreement, ENWIN will not be liable for any failure or delay in its performance under the Agreement due to any cause beyond its reasonable control.
Welcome to the web site operated by ENWIN Utilities Ltd. ["ENWIN"] created to provide general information about ENWIN and the services available to ENWIN's customers in Windsor, Ontario, Canada, and certain surrounding areas, as well as enable interactive capability to permit various inquiries, service orders, and other communications to be made by visitors to the web site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of this web site is expressly conditioned on your acceptance without modification of the following terms and conditions [the "Terms and Conditions"]. If you are dissatisfied with the Terms and Conditions, your sole remedy is to discontinue using this web site. By using this web site, you signify your acceptance of these Terms and Conditions.
ENWIN may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person by posting revised Terms and Conditions on this web site and your use of the web site after such amendment signifies your unconditional acceptance of the Terms and Conditions as amended from time to time.
The ENWIN web site, its design, all text, graphics, photographs, logos, content, video, audio and the selection and arrangement thereof are the property of ENWIN, and/or its parent companies, various subsidiaries and affiliates, including but not limited to the Windsor Utilities Commission, ENWIN Energy Ltd., and Windsor Canada Utilities Ltd. ["Third Parties"], and are protected under the copyright laws of Canada and other countries. None of the content found on this website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of ENWIN and/or the applicable Third Parties.
ENWIN and all other ENWIN related trade-marks and design marks displayed on ENWIN [collectively, the "Trade-marks"] are registered and common law trade-marks of ENWIN. Other trade-marks and design marks appearing on this web site are trade-marks of their respective owners. The trade-marks of third parties are used by ENWIN under license. Nothing contained on this website should be construed as granting, by implication or otherwise, any license or right to use any trade-marks, including the Trade-marks, except with the express written permission of ENWIN or such other party that may own the applicable trade-marks.
Use of site
Subject to these Terms and Conditions, ENWIN grants you a limited, non-exclusive, non-transferable, revocable right to view, print and use this site. In its sole discretion, in additional to any other rights or remedies available to ENWIN and without any liability whatsoever, ENWIN at any time and without notice may terminate or restrict your access to any component or all components of this web site.
Neither this web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ENWIN, except that you may download, display and print the content presented on ENWIN for your personal, non-commercial use only. Unauthorized use of this website and/or the content contained on this website may violate applicable copyright, trade-mark or other intellectual property laws or other laws. You must retain all copyright and trade-mark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libellous, defamatory, obscene, profane, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. You are prohibited from contributing, posting or transmitting to this web site any information, materials, content which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component.
Responsibility for Minors
If a minor has accessed this web site you are responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the web site and the services available; and (iii) the consequences of any misuse by the minor.
Subscribing for Services
By using the interactive service request features of this web site and requesting services, you represent and warrant that you are 18 years of age or older and that the information you are providing, including your personal information, is accurate and complete. Your order is not final until it has been accepted by ENWIN through an e-mail acceptance notice to your e-mail address or confirmed by telephone. It is your sole responsibility, and not the responsibility of ENWIN, to follow up on any outstanding request for services.
Links to Third-Party Web Site
ENWIN may provide hyperlinks to third-party web sites as a convenience to users of this web site. ENWIN does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. ENWIN does not endorse, recommend or approve any third-party web site hyperlinked from this web site. ENWIN will have no liability to any entity for the content or use of the content available through such hyperlink. If you decide to visit any linked site, you do so at your own risk and its is your responsibility to take all protective measures to guard against viruses and other desctructive forces. In no event shall ENWIN be liable to you or to any other entity for any damages caused by any virus, cancelbot, Trojan horse, worm or other harmful or disruptive component from any third-party web site.
Errors and Omissions
This web site and materials on it are provided on an "AS IS", "AS AVAILABLE" basis. While ENWIN takes reasonable steps to review the information contained on this web site for accuracy and timeliness, ENWIN makes no warranties, representations, or assurances that any information contained on this site is accurate, complete or up to date and ENWIN disclaims any such warranties, representations, or assurances. YOU RELY ON ANY INFORMATION CONTAINED ON THIS SITE AT YOUR OWN RISK.
You agree to indemnify ENWIN and its officers, directors, owners, independent contractors, employees, agents and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this web site and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this web site; and (c) any violation of these Terms and Conditions.
Limitation on Liability
ENWIN shall not be liable for any damages of any kind whatsoever arising out of your use or reliance on the information on this web site or requests for service or other inquiries. ENWIN does not guarantee or warrant that your email communication can be dealt with promptly. ENWIN assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this web site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this web site or any linked web site or the Internet generally.
IN NO EVENT WILL ENWIN, ITS LICENSORS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO PROVIDE INFORMATION OR SERVICES, DOWN TIME OF THE WEBSITE, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ENWIN AND WHETHER OR NOT ENWIN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
ENWIN takes all commerically reasonable measures to ensure that its service is available without interruption, except for any scheduled down time needed to help maintain effective operation of this web site. However, difficulties with hardware, software and equipment and services supplied by others may result in service interruptions. In no event will ENWIN be liable to any party for any loss, cost or damage that results from any period of down time suffered by this web site.
In the event that ENWIN shall be delayed or hindered in or prevented from the performance of any service or of any act offered through this web site by reason of strikes, lock-outs, labour disputes, inability to procure materials, failure of power, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms hereunder, then performance of such service or service act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
These Terms and Conditions shall be deemed severable. In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall