Web Site Terms of Use

LAST UPDATED:  April 29, 2014

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Welcome. Subject to these Terms of Use, EnWin Utilities Limited, its affiliates (including but not limited to the Windsor Utilities Commission, EnWin Energy Ltd. and Windsor Canada Utilities Ltd.) and their successors and assigns (collectively referred to as "EnWin") make this web site (the "Site") available to:  (i) EnWin's customers; and (ii) other residents of Windsor, Ontario, Canada and its surrounding areas.

1. YOU

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.

1.2      You represent and warrant to EnWin that: (i) you have the capacity to enter into a legal agreement in the province of Ontario and the province, territory and country in which you reside; and (ii) your use of the Site will not violate any applicable law or regulation in the jurisdiction from which you are accessing the Site.  If you are unable to make this representation, do not use the Site unless your parent or guardian enters into these Terms of Use on your behalf and consents to your use of the Site.

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. USERS

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. ACCEPTANCE OF TERMS OF USE

3.1      By accessing the Site, you agree, without qualification, to be bound by and to comply with the Terms of Use.  If you do not agree, without qualification, to be bound by and to comply with the Terms of Use, stop using the Site.

3.2      If you are a EnWinConnect User, from time to time, you will be asked to confirm your acceptance of the Terms of Use.  When this happens, you will be given an opportunity to review the Terms of Use before providing your confirmation.  If you do not agree, without qualification, to be bound by and to comply with the Terms of Use:  (i) do not indicate to EnWin that you do agree; (ii) use the utility on the Site to disable your account; and (iii) stop using the Site.

3.3      EnWin suggests that you print or save a local copy of the Terms Use for reference, and that you do so each time that the Terms of Use are amended.

3.4      Please note, certain services and activities available through the Site may require you to agree to further terms and conditions.  Unless such terms and conditions expressly set out otherwise, if there is any inconsistency between those terms and conditions and these Terms of Use, these Terms of Use shall prevail.

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. 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.

4.2      EnWin is not obliged but reserves the right to monitor some, all, or no areas of the Site from time to time:  (i) to verify adherence to these Terms of Use or any other rules, codes of conduct or guidelines posted by EnWin; or (ii) as required by law.

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.

4.6      If you are a User, you may retain a single copy of any Content forming part of the Site to which you have been given access solely for your personal, non-commercial use for so long as you agree to be bound by these Terms of Use and provided that any marks, logos or other legends that form part of that Content are not removed from the copy.

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.

4.9      Any email address listed on any page of the Site is being provided for the purpose described on that page and not for any other purpose.  Do not send any unsolicited message to it for any unrelated purpose.  Doing so is a breach of these Terms of Use.

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. ENWINCONNECT

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 to 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. FEEDBACK

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

10.1   EnWin's use and disclosure of any personal information about you that it collects in association with the Site is subject to EnWin's privacy policy, which is available at http://www.enwin.com/privacy_policy.cfm. You have read the privacy policy and consent to the use of your personal information as described therein.

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 may use such data without obtaining any further consent.

11. WARRANTIES

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.

11.2   Without limiting section 11.1, EnWin specifically disclaims all representation, warranties, covenants and conditions with respect to the Site (including all Content, Tools and, if applicable, any Third Party Resources) or otherwise arising from or relating to these Terms of Use including: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness or otherwise of the Site; and (ii) any warranties of title, non-infringement, merchantability or fitness for a particular purpose.

11.3   Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to these Terms of Use does not permit any such exclusion or limitation, EnWin's total liability to you in connection with any breach of such a warranty will be subject to section 12.

12. LIMITATION OF LIABILITY

12.1   IN NO EVENT WILL ENWIN, ITS REPRESENTATIVES OR ITS SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE, TOOLS, CONTENT, CUSTOMER DATA, THIRD PARTY RESOURCES OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS DATA, EVEN IF ENWIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.

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.

12.3   WITHOUT LIMITING SECTIONS 12.1 OR 12.2, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF ENWIN (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, ANY CONTENT, ANY USER-GENERATED CONTENT OR THESE TERMS OF USE, WILL NOT EXCEED $50.00.

12.4   The limitations in section 12.1, 12.2 and 12.3 will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or these Terms of Use.

12.5   Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to these Terms of Use does not permit any such exclusion or limitation, EnWin's total liability to you in connection with any incidental, special or consequential damages will be limited by section 12.3.

12.6   You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site, the Tools, any Content, Third Party Materials or these Terms of Use must be filed within one year after such claim or cause of action arises or be permanently barred.

13. INDEMNITY

13.1   You agree to indemnify EnWin (and its representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to:  (i) your use or misuse of the Site (including all Content, Tools and, if applicable, any Third Party Resources); (ii) any person's use of any account or password provided to you by EnWin, regardless of whether such use is authorized by you; (iii) any breach by you of any of these Terms of Use; and (iv) any breach by you of any law or regulation or any rights of any third party.  You may not agree to any settlement of any such a claim that results in any obligations or liabilities being incurred by EnWin without EnWin's prior written consent.

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.,
Windsor, ON
N9A 5T7

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.

15. CHANGES

15.1   EnWin may change these Terms of Use from time to time and at any time.  When EnWin changes these Terms of Use, EnWin will:

(a)       post the updated version of the Terms of Use on the Site together with the date on which it was revised; and

(b)       on both the home page and the log-in page for the Site for at least four weeks following any change to the Terms of Use post a notice that the Agreement has been updated.

Your continued use of the Site is deemed to be acceptance of the revised Terms of Use.  As well, EnWin may, but is not obliged to, ask you to actively confirm your agreement with the revised Terms of Use.  If you are unable to do so without qualification, terminate this Agreement in accordance with section 18.

16. VIOLATIONS OF THESE TERMS OF USE

16.1   If EnWin believes that you have breached these Terms of Use, EnWin reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site without prior notice and without liability.

16.2   If you are aware of any violations of these Terms of Use, please report them to EnWin by using the "Contact Us" button on the Site or by sending an email to info@enwin.com.  Please put "Notice of Violation" in the subject line of your message and include a reasonably detailed description of the alleged violation and your contact information.

17. TERMINATION

17.1   A User who is not a EnWinConnect User may terminate its agreement with these Terms of Use at any time by discontinuing its use of the Site.

17.2   In order to terminate its agreement with these Terms of Use, a EnWinConnect User must:  (i) use the utility on the Site to disable his or her account; and (ii) stop using the Site.

17.3   In addition to any other termination rights that EnWin may have set out in other sections of these Terms of Use, EnWin may terminate this agreement with you (with or without prior notice) if EnWin is no longer making the Site available in the jurisdiction from which you access it.

17.4   Those sections which by their nature should survive the termination of these Terms of Use will survive termination or expiration, including but not limited to sections 1.1, 2, 4.3, 4.4, 4.5, 4.7, 4.8, 4.9, 4.10, 5.4, 6.1, 7, 8, 9, 10.1, 10.2 (for a period of one year), 10.4, 10.5, 11, 12, 13, 14, 17.4 and 18.

18. OTHER

18.1   These Terms of Use constitute the complete and exclusive agreement between you and EnWin with respect to its subject matter, and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements regarding its subject matter.

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.

18.3   Should any provision of these Terms of Use be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.

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.

18.6   EnWin may assign these Terms of Use, in whole or in part, at any time with or without notice to you.  You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under these Terms of Use, either in whole or in part, without the prior written consent of EnWin.

18.7   Any notice or other significant communication given to you pursuant to these Terms of Use will be in writing and sent to you by email, mail or by a nationally recognized courier operating in Windsor, Ontario.  It may be sent to any email or physical address that EnWin has on record for you.  Any notice or other significant communication given by you to EnWin pursuant to these Terms of Use will be in writing, addressed to EnWin's "Legal Department" and sent by a nationally recognized courier to the address set out in section 14.1.  Notices will be deemed to have been received two business days following: (i) email transmission in accordance with this section; or (ii) deposit with a nationally recognized overnight courier service operating in Windsor, Ontario, all delivery charges pre-paid.

18.8   The headings used in these Terms of Use are for convenience of reference only and have no legal or contractual significance. No provision of these Terms of Use will be interpreted against any party merely because that party or its legal representative drafted the provision.  All remedies are cumulative.  Throughout these Terms of Use, the term "including" or the phrases "e.g.," or "for example" have been used to mean "including, without limitation".

18.9   The parties have requested that these Terms of Use and all documents contemplated by them be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.  Further, if EnWin provides you with a translation of these Terms of Use and there is any inconsistency between the English version and the translated version, the English version shall prevail.

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