Rümi

Terms of Use

TERMS OF USE, DISCLAIMER AND PROPRIETARY RIGHTS

RUMI

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES. 

 

This website is owned and operated by ATCO Energy Ltd. ("Rumi").  Access and use of this website (“Website”) is provided by Rumi to you on condition that you accept these Terms of Use.  By accessing or using this Website, you agree to these Terms of Use.  If you do not agree to accept these Terms of Use, you may not access or use this Website.

These Terms of Use govern the relationship between you and Rumi with respect to your use of this Website.  You acknowledge that the agreement formed by these Terms of Use are like any written agreement signed by you, and you agree to be bound by, and fully comply with, their terms.  You represent and warrant that you have all necessary right, power and authority to enter into these Terms of Use and to perform and otherwise discharge all of your obligations hereunder.

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.

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website; (iii) any fees or charges, if any, related to the use of this Website; and (iv) the equipment, hardware or software required to use and access this Website.

To the extent permitted by applicable law, any changes we make to these Terms of Use will be effective immediately upon posting on this Website.  Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use. 

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.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website, you may not enter into these Terms of Use or use this Website. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website is allowed.

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use based on age and you are under such age limit, you may not enter into these Terms of Use or use this Website.

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.

Your Account may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of this Website is not allowed. 

2.       PRIVACY

Rumi is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices, and how we collect, use and disclose the personal information of those individuals who visit this Website.  Please see our Privacy Policy at https://www.rumi.ca/en-ca/privacy.html for further details.

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.  

As described below, some of the Services will be provided by Home Service Professionals (as defined below).  We each have our own privacy policy; and it is recommended that you read and understand both.  While Rumi encourages all Home Service Professionals to comply with applicable privacy laws, Rumi is not responsible for any Home Service Professional's compliance with such laws. Any questions concerning a Home Service Professional's privacy policies and procedures (including opting out of marketing communications) should be addressed directly to any such Home Service Professional.  

3.       ACCOUNTS

In order to access and use certain services available on this Website (including the purchase of products and services), you may need to sign up for, open and maintain an account (“Account”) with us.  Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Use.  If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use any services on this Website that require an Account. 

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”).  

Except as provided expressly in these Terms of Use, RUMI does not provide or perform any Services. Rather: (i) Rumi will simply refer you to a Home Service Professional; (ii) all Services will be provided by such Home Service Professionals; and (iii) Rumi will receive a referral fee for referring you to that Home Service Professional.  ANY ISSUE, PROBLEM, COMPLAINTS, DISPUTE, OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO WITH A HOME SERVICE PROFESSIONAL (INCLUDING ANY ACT OR OMISSION BY A HOME SERVICE PROFESSIONAL) MUST BE RESOLVED BETWEEN YOURSELF AND THE HOME SERVICE PROFESSIONAL.

If, however, you seek to purchase the installation of solar panels from us ("Solar Panel Services"), a Home Service Professional will perform such Services on our behalf.  If you seek to acquire any other Services from us ("Other Services"), we will, unless we advise you otherwise in writing, refer you to a Home Service Professional. That third party will then: (i) schedule a time to perform the requested Services; (ii) perform such Services; and (iii) unless we advise you differently, seek payment from you for such Services.  EXCEPT AS PROVIDED EXPRESSLY IN THESE TERMS OF USE:

(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
  • you also consent to be billed for each transaction under these Terms of Use (or, as the case may be, on a recurring basis) in compliance with: (i) applicable legal requirements; and (ii) the requirements disclosed to you by your credit card issuer.

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

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Rumi's computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.  In addition, and without limiting the foregoing, you agree not to:

(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 strive to provide an enjoyable online experience for our users, so we may monitor any activity on our Website, including in the public discussion areas, bulletin boards, forums, blogs, and elsewhere, to foster compliance with these Terms of Use.  If you have reason to believe that another person is using the Website in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies.

Please note that we do not make any representations, warranties or guarantees that: (i) this Website or any portion thereof, will be monitored (E.G. for accuracy or unacceptable use); (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on this Website by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, inappropriate, and/or violates these Terms of Use.

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. 

With respect to any Comments that you post on this Website, you agree that: (i) Rumi and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are not confidential; (iii) Rumi and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else during the term of the Terms of Use and afterwards; and (iv) such Comments are truthful and do not violate the legal rights of others.    

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. 

13.   AVAILABILITY

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.   

ANY DISCLAIMERS THAT APPEAR ON THIS WEBSITE ARE INCORPORATED INTO THIS DOCUMENT. TO THE EXTENT THAT THERE IS A CONFLICT BETWEEN THESE TERMS OF USE AND ANY SUCH DISCLAIMER, THESE TERMS OF USE SHALL GOVERN.

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. 

IN NO EVENT WILL RUMI OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE “RUMI PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER SIMILAR LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE (INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE PRODUCTS, THE SERVICES, THE RUMI MATERIALS OR ANY PART THEREOF), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, RUMI'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE RUMI MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE GREATER OF: (I) THE FEES THAT YOU ACTUALLY PAID TO RUMI IN CONSIDERATION OF ANY PRODUCTS OR SERVICES PURCHASED BY YOU PROVIDED UNDER THESE TERMS OF USE; AND (II) ONE HUNDRED ($100.00) DOLLARS CAD.  

THE CONSIDERATION BEING PAID TO RUMI UNDER THESE TERMS OF USE DOES NOT INCLUDE ANY CONSIDERATION FOR RUMI TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY RUMI, RUMI WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

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.    

21.   INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RUMI PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO RUMI AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST RUMI IN CONNECTION WITH: (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE, THE PRODUCTS OR THE SERVICES; (2) YOUR BREACH OF ANY OF THESE TERMS OF USE; OR (3) ANY ACTIVITY USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR ACCOUNT OR EMAIL ADDRESS.  

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. 

22.   SUSPENSIONS

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:

(i)    you have violated or otherwise breached these Terms of Use;

(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

Rumi may, from time to time, but is in no way obligated to, permit you to access and use this Website in accordance with these Terms of Use and in the manner more particularly set out herein.  You acknowledge and agree (i) that access to this Website may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that Rumi shall not, in any event, be responsible to you in any way should you be unable to access this Website at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you.

Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Website.

24.   CONTACT INFORMATION

If you need to contact us regarding this Website or these Terms of Use, please reach out to us at:

ATCO Energy Ltd. d.b.a. Rumi

ATCO Park

5302 Forand St SW,

Calgary, AB T3E 8B4

Attention:  Privacy Officer

E-mail: hello@rumi.ca

25.   MISCELLANEOUS

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.

These Terms of Use are governed by and construed in accordance with the laws in the Province of Alberta, Canada, without regard to its principles of conflicts of law.  You agree to personal jurisdiction by the courts located in the Province of Alberta, located in Calgary, Alberta, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Sections 12-21, 24 and 25 will survive any termination or expiry of these Terms of Use.  

To the extent applicable, these Terms of Use include your name, contact information, the description of the Products and/or Services that you purchase from us (as described in the order confirmation page), and the cost, fees and/or charges payable by you for such Products and Services. Subject to any additional terms and conditions presented to you at the time of purchase, these Terms of Use set out the entire agreement between us relating to the subject matter hereof and supersede any and all prior or contemporaneous written or oral agreements between us. 

These Terms of Use are not assignable, transferable or sublicensable by you except with Rumi's prior written consent. Rumi may assign these Terms of Use without notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms of Use were last updated on September 4, 2020.