Last Amended: August 4, 2021
This website (“Website”) is owned and operated by Apex Utilities Inc., formerly AltaGas Utilities Inc. (“AUI”). Our head office is located at 5509 45 Street, Leduc, Alberta T9E 6T6. The online services (“Services”) made available and provided through this Website are made available and provided by AUI or its third party service providers.
All legal and equitable rights of AUI with respect to the Website and the Services are expressly reserved.
You acknowledge and agree that the Internet, email, and other means of electronically communicating and transacting, as well as the operation of software, algorithms, websites, and online services, may not be fully dependable or error-free, and you use the foregoing solely at your own risk.
AUI will have no liability for loss of, damage to, or alteration of data or information in transit over the Internet or via email or other means of electronic transmission, download or upload, or for failure or errors related to software, algorithms, websites, and online services, including this Website and Services.
AUI recommends the use of appropriate anti-virus and security software and measures, and other protective mechanisms, including being fully educated and informed as to online risks and the possibility of scams and fraud. Any unprotected online communication is not secure and is not confidential, and may be lost, not received, intercepted, or altered. Please do not send confidential or sensitive information to us except by protected means, including the use of our Services.
The Services are only available where AUI operates and provides services and are not available where AUI is unable to perform or provide Services, or where the Services are prohibited by law.
The Services available through this Website include:
- Personal Profiles: You may create a personal profile by providing your personal information to us, with your consent, which will allow us to identify you and give you access to the Services you choose to use. Your personal profile may include login information such as usernames and passwords to keep your profile secure and to confirm your identity
- Payment Profiles: You may create a payment profile in addition to your personal profile by providing us with your banking and credit card information. This will allow you to use our Services to pay your accounts with us
- Making Payments: You may make payments on your account using the Services as follows:
- You may pay on a one-time payment basis using your personal profile, or, if you do not have a personal profile, by providing confirmation of your identity, along with your credit card information, in which case you will have to re-enter the required information each time you make a payment.
- You may create a payment profile so that your banking and credit card information is already saved in your payment profile, making it easier and more convenient for you to make payments.
- Our Services may allow you to set up automatic payments so that your payments are made regularly on an automatic basis without any further action on your part. You can revoke this at any time, subject to any required notice period we may have communicated to you when you set up automatic payments.
- Web Forms: You may complete online forms (“Web Forms”) to set up profiles, make payments, communicate with us, or provide information to us, or to request other specific services such as installation of a gas line, or connection to our services.
Where you are an existing customer, or in some circumstances where you have made inquiries of us with respect to becoming a customer, Canadian Anti-Spam Legislation (CASL) provides that we have your implied consent to send you commercial or promotional messages. It is our policy to rely on such implied consent where it exists should we wish to do so. Recipients of commercial or promotional messages from us may unsubscribe at any time using the unsubscribe function in such messages, in the customer portal, or other online services.
Except as may be expressly agreed otherwise in writing by AUI, the information and materials on this Website, and all aspects and components of the Services are all provided strictly on an “as is”, “where is”, and “as available” basis for informational purposes and personal use only, and without warranties, representations, guarantees, or conditions of any kind, express or implied.
AUI grants, and you receive, only a limited, revocable, non-exclusive, personal, and non-transferrable license and permission to access and use the Website and any Services you agree to receive.
The information and materials contained in this Website and the Services are believed to be accurate and complete at the time of their posting or access by you. Although AUI attempts to ensure that all information and material remain current and accurate, AUI does not warrant or give any condition as to the accuracy, completeness, timeliness, or currency of any information, content, or materials contained in, or available through this Website, or in or through the Services.
Without limitation, no warranty or condition of any kind, implied, express or statutory, or arising from usage or custom of trade, including but not limited to warranties or conditions as to non-infringement of intellectual property rights, proprietary rights, or third party rights, title, defects, availability, accuracy, timeliness, completeness, uninterrupted service, merchantability, fitness for a particular purpose, compliance with any description, and freedom from computer viruses, malware, or malicious code, is given by AUI, or received by you, in conjunction with the information, contents, or materials contained in, or available through this Website, or in or through the Services.
In no event will AUI be liable for any losses, damages, claims, costs, or expenses of any kind resulting from the use of this Website or the Services, or any information, materials, or content available through this Website or the Services, including without limitation:
- Use of the Internet, including the operation or failure to operate of any hardware, software, connectivity, transfer or transmission protocols, computer viruses or malicious code, or the malicious or criminal actions of any third parties, including hacking, phishing, and other illegal activities;
- Any error, omission, or inaccuracy in the Website or the Services, or failure to remedy same; and
- Failure to keep information accurate, up to date, complete, or current;
AUI expressly disclaims and will not be liable for any direct, indirect, special, consequential, incidental, or other damages of any kind, including without limitation, economic loss, loss of or damage to data, loss of profits, loss of or failure to realize expected revenue or savings, loss of opportunities, cost of replacement goods or services, or for expenses arising in connection with use of or reliance on the Website or the Services, even if AUI is advised of the possibility of such damages, losses or expenses, or the same are foreseeable.
Where you use our Services, including setting up a personal profile, a payment profile, making payments, or using Web Forms to contact us, in all cases you agree to and accept the following terms and conditions:
- AUI reserves the right to refuse access to the Services to anyone for any reason at any time;
- You may terminate any profile or account you set up in the Services at any time by notifying AUI;
- The Services are provided as a privilege only, not a right, and are subject to acceptance and approval by AUI in its sole discretion, all rights reserved;
- AUI may terminate or suspend access to any or all of the Services at any time, for any reason, whether for violation of these Terms or Use or otherwise, without notice, and without any liability;
- Access to the Services may not be available while system maintenance, repairs, or upgrades are being performed. AUI makes reasonable efforts to carry out those activities during off hours, but that may not always be possible;
- You are responsible for any activity that occurs through your profile or account, and you agree you will not disclose, sell, transfer, license, or assign your account, username, or any account rights;
- With the exception of people or businesses that may be expressly authorized by AUI to create accounts on behalf of their employees or clients, AUI prohibits the creation of an account for anyone other than yourself without first notifying AUI and obtaining AUI’s consent;
- You represent and warrant that all information you provide or have provided to AUI upon registration or setting up a profile or account, and at all other times thereafter, will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth, currency, completeness, and accuracy;
- You agree that you will not solicit, collect, or use the login credentials of other AUI Services users without their consent;
- You are responsible for keeping your login information and password secret and secure;
- You agree to comply with all laws, rules, and regulations applicable to your use of the Services;
- You will use the Services only for their intended purposes, and you will not use the Services for any illegal or unauthorized purpose;
- You will not modify, disassemble, decompile, reverse engineer, adapt, or otherwise tamper with the Services;
- You will not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper; and
The contents of this Website and the Services are proprietary and, to the extent not published, confidential, and are protected under the intellectual property, trademark, and copyright laws of Canada and of other countries. All rights not expressly granted are reserved. No licenses, or any right, title, or interest are granted by implication.
As stated above, users of this Website and the Services receive only a limited, revocable, non-exclusive, personal, and non-transferrable license and permission to access and use the Website and any Services users agree to receive for personal purposes only.
Deep linking or framing this Website or copying it for publication or public display without the permission of AUI is prohibited.
Certain names, words, titles, phrases, logos, icons, graphics, or designs in this Website or in the Services constitute trade names, trademarks, service marks, trade dress, or distinguishing guises of AUI, all rights reserved. No right to use or display any of the foregoing is granted except as may be expressly agreed by AUI in writing.
Removal or alteration of any proprietary marks, notices, or warnings, or alteration of any content, materials, data, or information contained in, available through, displayed by, or otherwise provided by AUI in the Website and the Services is strictly prohibited.
Links to websites maintained or made available by third parties may be provided for purposes of convenience and personal use only. AUI does not control any third party website and is therefore not responsible for the content or performance of any linked website or any link contained in a linked website. Provision of links to third party websites does not imply or constitute any endorsement or approval by AUI of the content of such third party websites, nor imply that the linked website or information contained therein has been investigated or verified by AUI. Any collection of personal information by a third party or a third party website will be subject to the privacy policies and practices of that third party, not AUI. Third party websites are used solely at your own risk.
The following general terms and conditions apply to use of and access to the Website, and to use of and access to the Services where AUI agrees to provide Services:
- This Agreement does not create or imply any agency, partnership, joint venture, or other joint relationship between you and AUI, and does not authorize you to bind or obligate AUI in any way;
- Disclaimer of Warranties and Conditions;
- Limitation of Liability;
- Jurisdiction and Venue; and