Terms of Use

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.

Please read these Terms of Use carefully before accessing or using this Website or any or all of the Services. By using this Website, you agree to these Terms of Use, and you agree to contract with AUI electronically. If you do not agree with and accept these Terms of Use, please do not use this Website or the Services.

AUI reserves the right, in its sole discretion, to amend these Terms of Use at any time, and from time to time.

These Terms of Use apply to all use of this Website, and to all Services provided by AUI online. In the event of any conflict between any other statements or content on this Website or in the Services, these Terms of Use take priority and will govern.

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.

Accessing the Services may be subject to additional terms and conditions as set out in these Terms of Use. You may be asked to confirm your agreement to such additional terms and conditions if you choose to access our Services and AUI may decline to provide Services if you do not agree to such additional terms and conditions.

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.

When you choose to use our Services, you provide consent to collect, use, and disclose your information as reasonably required to provide those Services. For more information, please review our Privacy Policy.

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
  • You will not restrict another user from using or enjoying the Services, and you will not encourage or facilitate violations of these Terms of Use.

These Terms of Use, and your relationship with AUI in accessing this Website and using the Services shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with the laws applicable in the province of Alberta, Canada and shall be considered to have been made and accepted in Alberta, Canada, without regard to its conflict of law provisions.

All disputes under these Terms of Use will be resolved by the courts of Alberta in Edmonton, and, regardless of your residence, physical location, or domicile, you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You undertake and agree to bring no action in any other jurisdiction or venue, and to not bring any action by way of class proceedings or arbitration.

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.

Visitors to this Website, and users of the Website or the Services agree at all times to indemnify, defend, and hold harmless AUI from all claims, liabilities, damages, costs, expenses, losses (including reasonable legal fees and expenses), sustained, incurred, or paid by AUI directly or indirectly in respect of: (i) any information or other content a visitor provides on or through this Website or which is sent to AUI by email or other correspondence; (ii) a visitor’s use or misuse of the contents of this Website, including, without limitation, violation of these Terms of Use and claims for infringement, violation, or misappropriation of any intellectual property rights, and (iii) any violation or breach of these Terms of Use by a user of the Services, or any component of the Services, or this Website.

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:

  • You may not assign or transfer your rights or obligations under these Terms of Use;
  • These Terms of Use will enure to the benefit of, and be binding and enforceable on your heirs, personal legal representatives, successors, and any permitted assigns, and the successors and assigns of AUI;
  • 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;
  • If any part of these Terms of Use is void, prohibited, or unenforceable, that part will be severed from these Terms of Use, in which case the rest of these Terms of Use will continue in force and effect and will be construed as if such severed part had never been part of these Terms of Use;
  • The failure of AUI to exercise any right under these Terms of Use, or AUI’s failure to insist upon strict or full performance of your obligations under these Terms of Use, will not constitute a waiver of AUI’s under these Terms of Use or a relinquishment of any term or condition of these Terms of Use. In order to be binding upon AUI, any such waiver must be express and in writing signed by an authorized signing officer of AUI;
  • The rights of AUI under these Terms of Use are cumulative and not alternative;
  • Any breach, or threatened breach by you of these Terms of Use may not be compensable in damages, and AUI will be entitled to seek an injunction or other equitable remedy in any court of competent jurisdiction restraining you from any breach of these Terms of Use with the necessity of posting bond or undertaking as to damages, or showing that damages are not an adequate remedy; and
  • Any provision of these Terms of Use that, expressly or by its nature, extends beyond the termination of these Terms of Use (including any specific agreement related to the Services) will survive any termination of these Terms of Use. Without limitation, the sections of these Terms of Use under the following headings will survive and continue in full force and effect:
    • Disclaimer of Warranties and Conditions;
    • Limitation of Liability;
    • Jurisdiction and Venue; and
    • Indemnification.