You understand that aspects of this Website may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website in your jurisdiction.
1. USE OF THIS WEBSITE
Your access and use of this Website shall be deemed to be provided in Alberta and subject to Alberta law and the laws of Canada applicable therein. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website in your jurisdiction.
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.
You acknowledge and agree that access to and use of this Website is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your Account and any or all privileges on this Website and to refuse any and all current or future use of this Website.
You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree not to transfer your right to use or access this Website via your username or password to any third person.
You agree not to disclose your username and password to any third party.
You may not use the account, username, or password of anyone else at any time. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, with your knowledge.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
4. PURCHASE OF PRODUCTS
From time to time, this Website may allow you to purchase various products offered on this Website (“Products”). We reserve the right to refuse service to anyone, at any time, for any reason.
Should you choose to purchase a Product, please note that advertisements on this Website for Products are invitations to you to make offers to purchase Products, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase a Product referenced in your order. Your order for a Product will be deemed to be accepted only if and when we send an order confirmation to your email address. That confirmation constitutes our acceptance of your order.
Some situations may result in your order for one or more Products being cancelled. These include, but are not limited to: (i) limitations on the quantities of any Products available for purchase; (ii) inaccuracies or errors in Product information (including pricing information); (iii) Product restrictions mandated by local, provincial, national or international regulations; and (iv) problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.
To the fullest extent permitted by applicable law, we reserve the right, at our sole discretion to limit quantities of Products available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Subject to applicable laws, we may amend (i) the Products listed on this Website, and/or (iii) the amounts that we charge for same at any time, without prior notice.
Notwithstanding anything to the contrary on the Website, any products or services provided by or on behalf of HomeExcept shall be treated as Other Services (as defined below) for the purposes of these Terms and Conditions.
SUBJECT TO SECTION 8 BELOW, ALL SALES ARE FINAL.
5. PURCHASE OF SERVICES
From time to time, this Website may allow you to order various home-related services (the "Services"), including, for example, carpet cleaning, junk removal, thermostat installation and home inspection, from third party service professionals with whom we have a business relationship (“Home Service Professionals”).
(i) WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE OF ANY OF THE OTHER SERVICES, NOR DO WE HAVE CONTROL OVER THE QUALITY, TIMING, PROVISION OR FAILURE TO PROVIDE, ANY ASPECT WHATSOEVER RELATING TO THE IDENTIFICATION, REQUEST, OR PROVISION OF ANY OF THE OTHER SERVICES; AND
(ii) ANY ISSUE, PROBLEM, COMPLAINT, DISPUTE, OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO A HOME SERVICE PROFESSIONAL (INCLUDING ANY ACT, ERROR OR OMISSION OF A HOME SERVICE PROFESSIONAL) MUST BE RESOLVED BETWEEN YOURSELF AND THE HOME SERVICE PROFESSIONAL.
All "virtual home checkup" Services will be performed by a Home Service Professional unless we advise you otherwise in writing.
With respect to any Solar Panel Services, you will be required to enter into additional terms and conditions with ATCO ("Solar T&Cs"). If you enter into the Solar T&Cs, the Solar T&C's will govern the provision of the Solar Panel Services to you.
Also note that the provision of any Service may be subject to additional terms and conditions imposed by the Home Service Professional that will be performing the Services ("Third Party Terms"). You will be provided with any Third Party Terms before the applicable Services are performed for you. Please review these terms and conditions carefully. As you do so, please note that all Third Party Terms are between you and the applicable Home Service Professional: Rumi is not a party to any such terms and conditions. To the extent that the Third Party Terms cover the performance of the Services to you, the Third Party Terms will govern the provision of such Services. As stated above, we are not responsible for the performance of any such Services.
By making a request to obtain a Service, you represent, warrant and covenant that: (i) you have the rights to receive the Services (including making any changes or modifications to the property); (ii) you have the right to grant the Home Service Professional access to the property to perform the requested Services; (ii) you will be present (or will have a representative who is 18 years old or older present) at the property at all times while the Services are being performed; and (iii) you will take all reasonable measures to ensure that the property is safe for the Home Service Professional.
To the fullest extent permitted by applicable law, we reserve the right, at our sole discretion to limit quantities of Services available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Subject to applicable laws, we may amend (i) the Services listed on this Website, and/or (iii) the amounts that we charge for same at any time, without prior notice. We reserve the right to refuse service to anyone, at any time, for any reason.
6. PAYMENT OF PRODUCTS AND SERVICES
The prices displayed on this Website for any Product or Services are quoted in Canadian dollars, and do not include: (i) shipping and handling; or (ii) any applicable sales, use, excise, value-added or other taxes or duties. You are also responsible for the payment of each of these.
At the time you place an order for any Product, you will generally be required to provide your payment information. You represent and warrant that: (i) such information is both valid and correct; and (ii) you are the person referred to in the payment information provided.
You agree to pay all fees, charges and other amounts in connection with any Products or Services that you order.
With respect to any Solar Panel Services, payment for such Services will be payable to ATCO pursuant to the Solar T&Cs.
Subject to the following, payment for any Other Services must be made to the Home Service Professional that performed such Services, and is due: (i) immediately after the Home Service Professional has completed such Services to their satisfaction; or (ii) if the Home Service Professional chooses to invoice you at a later date, upon your receipt of any such invoice. Payment for our "virtual home checkup" Services is due when ordering such Services and payable to ATCO.
To pay for any Products or Services:
- you must have been issued a valid credit/debit card who has authorized Rumi to process a charge on their credit/debit card in the amount of the total purchase price for the Products and/or Services; and
Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your credit card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.
7. SHIPPING AND DELIVERY OF PRODUCTS
As above, you are responsible for all shipping costs associated with your purchase.
Rumi only ships Products to addresses in Canada.
Title to any Products purchased by you and risk of loss shall pass onto you upon delivery of the Products to a shipper/carrier. Rumi cannot be held responsible for packages that are undeliverable or delivered to an incorrect address due to incorrect or incomplete address information entered (customer address input error).
Packages returned to Rumi as unclaimed (not picked up at local postal outlet or from a private carrier including UPS, FedEx, etc.), refused (by addressee or customs), or packages returned due to incorrect address information (customer address input error) may be subject to a 15% restocking fee if returned in resalable condition, as well as additional deductions for the original shipping charges (or equivalent if shipping charges were included in the purchase price) and any return shipping charges.
8. RETURNS AND REFUNDS OF PRODUCTS
With respect to any Product that you have purchased from us please contact us and we will do our best to make sure you are happy if you are not satisfied with such Product and have reason to suspect it is defective. Please note, however, that:
- no exchanges will be accepted or permitted; and
- no returns will be accepted or permitted:
- after fourteen (14) days from the date upon which you received the Product;
- on any Product that has been opened; or
- on any Product that is no longer in an original /resalable condition.
9. CANCELLATION OF SERVICES
Should you wish to cancel or reschedule your request for any Services, you must contact Rumi more than 24 hours in advance. Failure to provide us with such advance notice will result in a $50 late cancellation/rescheduling fee.
10. CODE OF CONDUCT
(i) use tools which hack or alter this Website, or that allow you to connect to this Website’s binary interface or utilize any interfaces other than those provided by us to you;
(ii) attempt to obtain a password or other private account information from any other user of this Website;
(iii) create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person’s Account with Rumi;
(iv) mirror or frame any part of this Website without Rumi's express prior written consent; or
(v) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without Rumi's express prior written consent
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website.
11. YOUR COMMENTS
In the event that the Website enables you to post any comments, suggestions, feedback or other content (collectively, “Comments”), you agree not to:
(i) post anything that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
(ii) post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;
(iii) post anything that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;
(iv) post anything that (a) does not generally pertain to the designated topic or theme of this Website; (b) violates any specific restrictions applicable to this Website, including age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming”, “flooding”, or “trolling”, as those terms are commonly understood and used on the internet;
(v) post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonates another person (including celebrities); (c) indicates that you are an Rumi employee, representative of Rumi; or (d) attempts to mislead users by indicating that you represent Rumi or any of Rumi's partners or affiliates;
(vi) post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); or
(vii) post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website.
We have the right, but not the obligation, to delete any communications, content or other materials on this Website at any time without notice or liability to you.
12. OUR MATERIALS
Rumi may make certain information, content, software or other materials available to you from this Website from time to time (collectively, the “Rumi Materials”). If you download, access or use any Rumi Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Rumi's prior written permission; and (iii) will only be used in compliance with any additional license terms accompanying such materials. Rumi does not transfer the title or the intellectual property rights to the Rumi Materials to you, and retains full and complete title to the Rumi Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Rumi Materials. Rumi or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This Website (including its organization and presentation and Rumi Materials) is the property of Rumi and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
While we endeavour to keep downtime to a minimum, we CANNOT promise that this Website will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website, or any part thereof, with or without prior notice for any reason.
14. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website, and you shall be solely responsible for all charges and fees related thereto.
Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Tweed is not liable for any damages related to communications to, or from, this Website.
15. CURRENCY OF WEBSITE
Rumi updates the information on this Website periodically. However, Rumi cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Website (including the Rumi Materials) at any time, without prior notice to you (including after an order has been placed by you).
16. LINKED WEBSITES
This Website may provide links to third party websites (including any Home Service Providers). The inclusion of these links does not imply that Rumi monitors or endorses these websites. Rumi does not accept any responsibility for such websites.
RUMI 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 OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR LINKED RESOURCES.
17. 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 this Website. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website. Rumi recommends that you install appropriate anti-virus or other protective software.
RUMI 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 THIS WEBSITE OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
18. WEBSITE, SERVICES AND PRODUCTS PROVIDED “AS IS”
THE ONLY WARRANTIES PROVIDED WITH RESPECT TO ANY PRODUCTS OR SERVICES ARE THOSE THAT ARE (I) OFFERED BY THE THIRD PARTY MANUFACTURER OF THE PRODUCTS OR THE HOME SERVICE PROFESSIONAL(S) PERFORMING THE SERVICE, AS APPLICABLE, WHICH ARE (II) EXPRESSLY STATED ON THIS WEBSITE.
EXCEPT AS OTHERWISE PROVIDED EXPLICITLY HEREIN, THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE RUMI MATERIALS ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, 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, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. RUMI DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE PRODUCTS, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN REPRESENTATIONS OR WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE RUMI MATERIALS.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES. AS SUCH, THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
20. CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION; AND (II) YOUR ACCESS AND CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
PLEASE NOTE THAT SOME JURISDICTIONS LIMIT THE EXTENT TO WHICH A PARTY MAY INDEMNIFY ANOTHER. AS SUCH, THE FOREGOING INDEMNITY WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
As above, we reserve the right to suspend your Account and/or your access to this Website immediately, with or without notice to you, and without liability to you, if Rumi, in its sole discretion, believes that:
(ii) any information provided by you is untrue, inaccurate, not current or incomplete; or
(iii) you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Rumi.
These suspensions will be for such periods of time as Rumi may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
23. TERM & TERMINATION
24. CONTACT INFORMATION
ATCO Energy Ltd. d.b.a. Rumi
5302 Forand St SW,
Calgary, AB T3E 8B4
Attention: Privacy Officer
This Website are solely directed to individuals residing in Canada. We make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.