You may be required to have a user account to use certain functionality or services within the App (or any of its related services). To create your user account, you may be required to provide certain initial user account details, including username, password and personal information such as your first name, last name, email address, phone number and location information. Please review, verify and update your user account details should changes occur. You are responsible for keeping your user account details current.
You may be permitted to authorize other individuals (such as your family members) (“Authorized Representatives”) to use the App as part of your user account. You are responsible for managing your user account, including the issuance and revocation of your Authorized Representative authorizations. You are responsible for the acts and omissions of your Authorized Representatives.
You are responsible for maintaining the confidentiality of your usernames and passwords. ATCO and its affiliates, officers, directors and employees will not be held responsible for any loss or liability related to any lost, stolen or otherwise misappropriated username or password.
You agree to notify ATCO immediately of any unauthorized use, theft or misappropriation of your account, usernames or passwords. ATCO shall not be liable for any loss that you incur as a result of someone else using your usernames or passwords, either with or without your knowledge.
You may deactivate your user account at any time, for any reason, through the user account settings within the App.
When you use the App, you are consenting to the collection, use and disclosure of your personal information for the purpose of providing the App (and its related services) to you and your Authorized Representatives.
In addition, the App may collect information related to your use of the App, including the IP address and domain used to access the App, the type and version of your browser or mobile device, the website you came from to access the App, the page you entered and exited at, any page that is viewed by that IP address when using the App and current location. We use this information to monitor our system performance (such as number of visits, average time spent, page views), to enable us to operate and manage our systems and Apps and to better understand our customers so that we can work to continually upgrade our systems and Apps.
You acknowledge and agree that access to and use of the App (and any of its related services) is provided via the Internet. Information stored in the App may be stored in Canada, India and/or the United States of America; and, may be accessible in other jurisdictions via the App. The Internet is not a fully secure medium and any communication with the App may be lost, intercepted or altered.
You are responsible for the content of any communications by you through the App (or any of its related services).
You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in anyway use, or permit to be used, the App (or any of its related services), to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate. You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although ATCO is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you. You acknowledge and agree that you shall be responsible and liable for all uses made by you of the App (or any of its related services).
In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App, except as expressly permitted by ATCO; (iii) link to, mirror or frame any portion of the App; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App, or unduly burdening or hindering the operation and/or functionality of any aspect of the App.
ATCO does not condone or allow spam. You agree that you will not use the App (or any of its related services) to send unsolicited commercial or other e-mail.
The App (including its organization and presentation and ATCO Materials) is the property of ATCO and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trade-marks, trade-names, internet domain names and other similar rights.
When you load or create materials (including files, text, video, audio and images contained in or generated by such materials and accompanying data) on the App ("User Materials") you are granting ATCO, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use your User Materials in connection with the operation of the App (or any of its related Apps) and ATCO's businesses. By loading or creating User Materials on the App, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to load or create such User Materials and that such User Materials do not violate any all applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third-party rights rests with you.
You are responsible for your User Materials. You are responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. ATCO shall not be responsible or liable for the deletion or accuracy of any User Materials.
From time to time, you may be provided access to Confidential Information (defined below) through the App. You shall use the Confidential Information solely for the purpose for which it has been disclosed and shall not use the Confidential Information in any manner except as reasonably required for such purpose. You shall protect ATCO and its licensors' interests in the Confidential Information and shall keep the Confidential Information confidential. You shall not disclose, allow access to, transmit or transfer the Confidential Information to any party without ATCO's prior written consent, You shall notify ATCO promptly of any unauthorized use or possession of the Confidential Information that comes to your attention.
Currency of Portal
ATCO MAY MAKE INFORMATION, ATCO MATERIALS OR RELATED RESOURCES AVAILABLE TO YOU THROUGH THE APP. ATCO MAY UPDATE SUCH INFORMATION, ATCO MATERIALS AND RELATED RESOURCES PERIODICALLY. HOWEVER, ATCO CANNOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION, ATCO MATERIALS OR RELATED RESOURCES ON THE APP. ATCO MAY REVISE, SUPPLEMENT OR DELETE INFORMATION, ATCO MATERIALS AND/OR THE RESOURCES CONTAINED IN THE APP AND RESERVES THE RIGHT TO MAKE SUCH CHANGES WITHOUT PRIOR NOTIFICATION TO PAST, CURRENT OR PROSPECTIVE VISITORS OR USERS.
Linked applications and websites
The App may provide links to third party applications or websites for your convenience only. The inclusion of these links does not imply that ATCO monitors or endorses these applications or websites. ATCO does not accept any responsibility for such applications or websites. ATCO shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods, websites or applications available on or through any third-party applications, websites or linked resources.
Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the App. Computer viruses or other destructive programs may also be inadvertently downloaded from the App.
ATCO shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the App or your downloading of any of the ATCO Materials or User Materials (collectively, "Materials") from the App. ATCO recommends that you install appropriate anti-virus or other protective software.
ATCO is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the App.
Website and Materials Provided “As Is”
THE APP, ITS RELATED SERVICES AND THE MATERIALS ARE PROVIDED "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE APP IS AT YOUR SOLE RISK. ATCO DOES NOT REPRESENT OR WARRANT THAT THE APP, ITS RELATED SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
ATCO DOES NOT GUARANTEE AND DISCLAIMS ALL LIABILITY FOR THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY MATERIALS CONTAINED ON THE APP. ATCO MAKES NO COMMITMENT AND DISCLAIMS ANY DUTY TO UPDATE ANY MATERIALS CONTAINED ON THE APP. ANY MATERIALS CONTAINED ON THE APP MAY BE CHANGED AT ANYTIME WITHOUT NOTICE.
Limitation of liability
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination
You may deactivate your user account at any time, for any reason, by selecting to deactivate your account through the App.
The App is controlled, operated and administered by ATCO from within the Province of Alberta, Canada. The App can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing the App, you acknowledge and agree that all matters relating to access to or use of the App shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.
WHERE PERMITTED UNDER THE APPLICABLE LAW, WE EACH AGREE THAT EACH OF US WILL BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. WHERE PERMITTED UNDER THE APPLICABLE LAW, UNLESS BOTH OF US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
LAST UPDATED: JULY 22, 2020