Web Site Terms of Use
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.
Ownership
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.
Prohibited Uses
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.
Indemnification
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.
Down Time
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.
Personal Information
Users of this web site may be required to provide personal inforamtion when subscribing for services offered by this web site. The collection, use, disclosure, and retention of your personal information by EnWin is conducted in accordance with EnWin's Web Site Privacy Policy (link Website Privacy Policy).
Force Majeure
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.
Severability
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 nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other provision.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario.
English Language
The parties have requested that these Terms and Conditions and all documents contemplated hereby 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.
Copyright © 2007 EnWin Utilities Ltd. and/or its Affiliates
All rights reserved
