- â€śPlansâ€ť means the energy plans posted on the Website in which users can enrol as members, that provide certain energy rates, and that will be provided to users in accordance with these Terms.
- â€śRetailersâ€ť means the energy retailers offering Plans through EnPowered and the Website (which includes En-Powered).
- â€śServicesâ€ť has the meaning set forth in Section 2 below.
- â€śWebsiteâ€ť means the EnPowered website through which a user can use the Services.
- â€śYouâ€ť or â€śyouâ€ť means (a) you as an individual, or (b) your company, organization, or other entity, if you are agreeing to this Agreement on behalf of such company, organization, or other entity and are authorized to bind and act for such company, organization, or other entity.
EnPowered will enable users, through the Website, to access descriptions of available Plans and pay for such Plans in accordance with the prices set forth on the Website; EnPowered will then facilitate communications between you and the Retailers to arrange for the Retailers to provide you with energy in accordance with such Plans, and will thereafter facilitate communications between you and the Retailers respecting the energy services provided to you by the Retailers (the â€śServicesâ€ť).Â You acknowledge that Retailers have sole discretion whether to accept or deny the provision of energy to you pursuant to the Plans based on your eligibility for such Plans and the Retailersâ€™ terms and conditions respecting energy provision.Â The Services are provided subject to these Terms.
In order to use the Services, you must:
- provide up-to-date, complete and accurate contact information, including your first and last name, your valid delivery address, your phone number and your valid email address;
- provide up-to-date, complete and accurate utility account and/or payment information as required by the Retailers or EnPowered;
- be at all times in compliance with the terms and conditions of these Terms and applicable law.
You specifically agree that EnPowered may rely on the accuracy of the information provided by you to EnPowered, and that EnPowered will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to EnPowered.Â
WithÂ respect to all third party Retailers, you acknowledge that the relationship between EnPowered and such Retailers is that of independent contractors; nothing in these Terms shall imply that EnPowered and such third party Retailers are employees or agents of each other.Â EnPowered expressly disclaims any representation that it has any supervision, control or direction over third party Retailers, or that it can guarantee anything on behalf of such third party Retailers.Â EnPoweredâ€™s sole responsibility under these Terms is to provide users with the descriptions of Plans provided to EnPowered by the Retailers, to permit users to place orders for such Plans through the Website, to make reasonable efforts to facilitate communications between Retailers and users respecting such Plans, and to use commercially reasonable efforts to deliver the Services to users.Â ALTHOUGH ENPOWERED WILL MAKE REASONABLE EFFORTS TO PROVIDE USERS WITH THE PLANS FROM RETAILERS, ENPOWERED IS NOT RESPONSIBLE FOR, AND DOES NOT WARRANT, THE SUITABILITY, APPROPRIATENESS OR ANY OTHER ASPECT OF THE PLANS FOR YOUR NEEDS, AND YOU AGREE TO ACCEPT THE PLANS â€śAS-ISâ€ť. Â ALL ACTS UNDERTAKEN BY YOU PURSUANT TO THE SERVICES IS AT YOUR OWN RISK, AND ALL GUARANTEES AND REPRESENTATIONS MADE BY THIRD PARTY RETAILERS ARE THEIR RESPONSIBILITY, NOT ENDORSED BY ENPOWERED.
EnPowered will provide the Plans in accordance with its policies described on its Website, which may change from time to time.Â It is your responsibility to ensure that you are capable of entering into the Plans Â and that the Plans are appropriate for your needs, and that the Retailers and their policies associated with delivering energy in accordance with the Plans are acceptable to you; EnPowered will not be liable for any inability to supply energy in accordance with the Plans, in a timely manner or at all, arising from incorrect information provided by you or any other cause beyond EnPoweredâ€™s reasonable control (which includes the acts or omissions of you or third party Retailers).
EnPowered reserves the right to change, suspend or discontinue the Services at any time, including the availability of any feature or content of the Plans, or any promotion offered by EnPowered.Â EnPowered may also impose limits on the Services and/or terminate or restrict your access to parts or all of the Services without notice or liability.
Use of the Services contains references to third parties, links to third party websites and/or may incorporate information obtained from third parties (including from third party Retailers and other users). All such references, links and information are provided â€śAS ISâ€ť.Â Third party websites, documents, information, reviews, opinions, advice or statements (including those made by third party Retailers and other users of the Services) are not under the control of EnPowered, and EnPowered is not responsible or in any way liable for their contents, including without limitation their accuracy, reliability, copyright compliance, legality, decency, or any other aspect of their content.Â OTHER THAN TO THE LIMITED EXTENT REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL ENPOWERED BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES (INCLUDING FROM THIRD PARTY RETAILERS OR OTHER USERS, AND INCLUDING ANY OPINIONS, STATEMENTS OR ADVICE), OR BY ANY PLAN OBTAINED THROUGH THE SERVICES. Â
Your Use of the Website and Services
EnPowered grants you a limited license to visit, browse, access and use this Website and Services in accordance with these Terms.Â You agree that: Â
You are only eligible to use this Website and the Services if you are capable of forming a legally binding contract under applicable law.Â If you are not legally qualified to use this Website and the Services, you must immediately cease all use of this Website and the Services.
You are specifically prohibited from: (1) any resale or commercial use by you of the Website or the Services; (2) any derivative use of the Website or its contents; (3) any use of data mining, robots, or similar data gathering and extraction tools; (4) any reproduction, duplication, copying, selling, reselling, re-posting or any exploitation of the Website and its contents or the Services for any public or commercial purpose without the express written consent of EnPowered; (5) any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Website, or otherwise interferes with its proper functioning; and (6) mirroring of any material contained on the Website on any other server.
Unless otherwise specified, the content provided in this Website is for your personal and non-commercial use. You may not download (other than page caching), modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Plans or Services obtained from this Website.
You may not attempt to gain unauthorized access to this Website and/or any EnPowered computer systems or networks connected to this site, through hacking, password mining or any other means.Â
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this Website.
You will ensure that your use, or the use of any third party through you, of this Website and the Services does not interfere with, degrade, or adversely affect any EnPowered software, system, network or data or that of any other users of this Website.Â You and anyone obtaining access to this Website or the Services through you will not post or transmit any harassing, abusive, libellous, illegal, deceptive or otherwise offensive messages or information whatsoever.
You and anyone obtaining access to this Website through you will not use this Website or any contents thereof, or the Services, to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts.
You acknowledge that EnPowered makes no representation that materials on this site are appropriate or available for use in any particular location, and accessing them from territories where their contents are illegal is prohibited.
You shall not use, nor permit others to use, this Website in a manner or for a purpose contrary to these Terms.
You will at all times during your use of these Services and your transactions and interactions with EnPoweredâ€™s personnel and Retailers (as applicable), act in a civil, courteous and respectful manner, and will not take any action that could reasonably endanger or damage the health, well-being or property of EnPowered, its personnel, Retailers, other users of the Services or any third party with whom you may have contact in connection with the Services.Â
You will not interfere with or in any manner compromise any of EnPowered's security measures;
You will cooperate with EnPowered and provide information requested by EnPowered to assist EnPowered and/or relevant authorities in investigating or determining whether there has been a breach of these Terms or applicable law; and
You will comply with the terms and conditions of any applicable Retailer policies relating to the Plans (including return policies).
You agree to pay all applicable fees and taxes in connection with the Services and the Plans selected by you to the applicable Retailers and utility service providers. If you have an issue with the Plans or the provision of energy pursuant to such Plans, it is your responsibility to deal directly with the applicable Retailer. Â
All payments relating to Plans will be processed by third party Retailers, utility service providers or a third party payment processor, and EnPowered will not obtain any of your payment information, except to the extent that you specifically and intentionally disclose such information directly to EnPowered.Â For greater certainty, EnPowered neither expects nor desires you to disclose such information to EnPowered.
Privacy and Confidentiality
Additionally, by submitting personal information to EnPowered pursuant to these Terms, including without limitation your name, address, e-mail address and telephone number, you consent to the collection, processing, transmission and disclosure of such information by EnPowered for the purposes of EnPoweredâ€™s provision of the Services and EnPoweredâ€™s internal use, and specifically the purposes for which such information has been requested, such as billing requirements.Â You specifically agree that EnPowered may disclose your name, address, e-mail address and/or other pertinent information to Retailers to the limited extent necessary to provide you with the Services.Â Additionally, by agreeing to these Terms, you are also providing your express consent to communications by EnPowered (including e-mail communications, both marketing and informational) respecting the products and services EnPowered.
Intellectual Property Rights
You acknowledge that the Website is owned by EnPowered, who retains all right, title and interest therein, and is protected by Canadian, U.S. and international copyright laws.Â You do not acquire any intellectual property or other proprietary rights under these Terms relating to the Website, the Services, or any part thereof.Â Your only rights to the Website, the Services and any part thereof shall be those rights expressly licensed or granted to you under these Terms. Nothing herein grants you any right to use any of EnPoweredâ€™s trade names, trade marks, service marks, logos, domain names, and/or other distinctive brand features. Any rights not expressly granted under these Terms are reserved.
For greater certainty, all intellectual property rights in third party content accessible through the Website, including, without limitation, any Plan descriptions, Retailer offerings, or other submissions, are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such content. You understand that you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for or to any such third party content. Additionally, the unauthorized reproduction or distribution of such third party content is prohibited by applicable law.
Disclaimer of Warranties
THE WEBSITE, PLANS AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.Â ENPOWERED ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED THROUGH THE SERVICES OR WEBSITE.Â UNDER NO CIRCUMSTANCES WILL ENPOWERED BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH USE OF THE SERVICES OR THE WEBSITE.Â IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THE SERVICES AND WEBSITE IS SOLELY AT YOUR OWN RISK.Â EnPowered has no special relationship with or fiduciary duty to you, and you acknowledge that EnPowered has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the Services, including without limitation: (a) what material you access on or through the Website, (b) how you may interpret or use materials accessed through the Website, or (c) what actions you may take as a result of having been exposed to information obtained through the Website, including whether you decide to order Plans through the Website.Â EnPowered makes no representations or warranties whatsoever concerning any information obtained through the Website, and EnPowered will not be responsible or liable for the accuracy, reliability, copyright compliance, legality or decency of any material contained in or accessed through the Website.Â The foregoing shall not be construed as excusing EnPowered from any liability imposed upon EnPowered by law in its capacity as a Retailer.Â Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.
Limitation of Liability
The only type of damages that can be recovered against EnPowered arising from or related to these Terms including without limitation in relation to the provision of the Services, shall be your direct damages, if any, to the extent arising from the gross negligence or wilful misconduct of EnPowered.Â In no event shall the aggregate liability of EnPowered exceed the amount paid by you for the portion of the Services that gave rise to the claim.Â ENPOWERED SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE WEBSITE OR SERVICES.Â Without limiting the foregoing, your only right with respect to any problems or dissatisfaction with the Services or Website is to cease use of the Services and Website.
EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ENPOWERED BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF ENPOWERED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Â SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMISSIBLE BY SUCH JURISDICTIONS.
You agree to indemnify, defend and hold harmless EnPowered, its parents, subsidiaries, affiliates, officers and employees, including costs and attorneys' fees, from any claim or demand made by any third party (including third party Retailers) due to or arising out of: (a) your use or misuse of the Services and/or Website, (b) any breach of these Terms by you, (c) your breach of any terms of the Plans or any other Retailer terms related to Retailer services ordered by you, or (d) your violation of any third-party rights or any applicable laws.Â
EnPowered reserves the right, in its sole and complete discretion, to revoke or decline your request to use the Services at any time with or without cause, for any reason or no reason. Without limiting other remedies, EnPowered may limit your activity, warn Retailers and other affected third parties of your actions, issue a warning, and refuse to provide Services to you if: (a) you breach these Terms or the documents it incorporates by reference; (b) EnPowered is unable to verify or authenticate any information you provide; or (c) EnPowered believes that your actions may cause financial loss or legal liability for you, Retailers, other third parties or EnPowered.Â
EnPowered reserves the right to investigate suspected violations of these Terms. You hereby authorize EnPowered to cooperate with: (a) law enforcement authorities in the investigation of suspected criminal violations and (b) authorized persons carrying out civil legal processes in order to enforce the terms and conditions of these Terms.
The above-described actions are not EnPoweredâ€™s exclusive remedies and EnPowered may take any other legal, equitable or technical action it deems appropriate in the circumstances.Â EnPowered will not be liable for any damage caused by the termination of these Terms.
These Terms constitute the entire agreement between you and EnPowered with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties.Â There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out in these Terms. Â
This Terms is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms or to any contracts relating to goods or services obtained through this site. Â
You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.Â A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in full force and effect.
It is the express will of the parties that these Terms and all related documents have been drawn up in English. C'est la volontĂ© expresse des parties que la prĂ©sente convention ainsi que les documents qui s'y rattachent soient rĂ©digĂ©s en anglais.
You acknowledge and agree that the Services and Website have been developed at significant cost and has significant commercial value to EnPowered, and that inappropriate use of the Services or Website could cause EnPowered irreparable harm.Â You therefore agree that EnPowered will have the right to seek, in addition to any of its other rights and remedies under law and equity, injunctive relief for any violation of these Terms without posting bond or by posting bond at the lowest amount required by law.
If you have any questions regarding these Terms, or if you have any questions, complaints, claims or other legal concerns relating to EnPowered or its business, please contact EnPowered at: