Part 1 – Terms Applicable to the Website and Offered Services
2. NO SOLICITATION
The information provided through this Website is intended solely for the general knowledge of visitors to the Website and does not constitute an offer or a solicitation of an offer for the purchase or sale of any shares or other securities of Enbridge or any member of the Enbridge group of companies. The information on this Website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Enbridge and should not be used for the purpose of making investment decisions concerning securities of Enbridge.
3. CURRENCY AND ACCURACY OF INFORMATION
Although Enbridge makes reasonable efforts to ensure that the information provided through this Website is current and accurate, Enbridge makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.
Certain documents and other materials on this Website, including investor presentations, conference calls and documents filed by Enbridge with the securities regulatory authorities of each Province of Canada and listed and/or linked to the Website, speak only as of the dates on which such documents and materials were filed or otherwise used by Enbridge. The contents of such documents or materials may become out-of-date, however, Enbridge makes no commitment and disclaims any duty to update those documents and materials, except as required by applicable law.
4. HARDWARE, SOFTWARE AND INTERNET ACCESS
It is your responsibility to ensure that you have the appropriate hardware, software, and Internet access services to access the Website and allow proper use of the Website and any Offered Services. If you have difficulty using the Website or the Offered Services, please notify Enbridge. Neither Enbridge, nor any of its subsidiaries or affiliates or any third parties on the bill, shall be responsible for any of your costs associated with your use and/or access of the Website and any Offered Services.
5. LINKS TO THIRD PARTY SITES
The Website contains links to third party sites. These links have been provided solely as a convenience for users of the Website and do not constitute an endorsement by Enbridge or any of its subsidiaries or affiliates of the content of such third party sites. Links to the Website may also be provided from other sites either known or unknown to Enbridge or any of its subsidiaries or affiliates. Access to any other website linked to or from the Website is at your own risk. Enbridge, or any of its subsidiaries or affiliates, has not reviewed and is not responsible for the content of any third party sites linked to or from the Website and does not make any representations regarding the content or accuracy of materials on such third party sites.
6. LIMITED LICENSE, COPYRIGHT, TRADEMARKS AND USE
Enbridge grants to you a limited, personal, non-transferable license to use and copy materials published by Enbridge on the Website solely for non-commercial use within your organization in support of Enbridge products or services. Such license is revocable by Enbridge at any time and at Enbridge’s sole option. No other use of the materials is authorized. In consideration of this limited license, you agree that any copy of Website materials which you make shall retain all copyright, trademark and other proprietary notices in the same form and manner as on the original and you must explicitly acknowledge Enbridge as the provider of such content and the owner of such copyright or trademark.
You will use the Website, the Offered Services, and any other content or information found on the Website solely for lawful purposes. You shall not upload to, distribute to or otherwise disseminate through the Website any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of another person or entity, or contains a solicitation of funds, advertising or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Website. You will also be liable for any loss or damage resulting, directly or indirectly from you making any material or information available through the Website.
You acknowledge that your use of portions of the Website, including an Offered Service may require a user id and password. You must keep your user id and password confidential. You will be responsible for any use of any Offered Services through the use of your user id and password whether or not authorized by you.
7. FORWARD LOOKING STATEMENTS
Some of the information on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of Enbridge. Enbridge cautions that the statements are only predictions and by their nature, forward-looking statements involve risk and uncertainty. Enbridge’s actual results may differ materially from those expressed or implied in such forward-looking statements or could affect the extent to which a particular projection is realized. The information contained on this Website should be read in conjunction with the more comprehensive information filed by Enbridge with securities regulatory authorities, including risks and uncertainties relating to Enbridge and forward-looking statements contained therein.
9. DISCLAIMER AND EXCLUSION OF WARRANTY
YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY OFFERED SERVICES (INCLUDING DOWNLOADING ANY MATERIALS FROM THE WEBSITE) IS AT YOUR SOLE RISK AND IS PROVIDED BY THE COMPANIES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE REMAINS WITH YOU.
10. EXCLUSION AND LIMITATION OF LIABILITY
12. INVALIDITY OF PROVISIONS
15. ENTIRE AGREEMENT
17. ENGLISH LANGUAGE
PART 2 – TERMS APPLICABLE TO OFFERED SERVICES
20. ELECTRONIC BILLING SERVICES
- (a) By enrolling for electronic billing services (the “e-Billing Services”), you will no longer receive a paper bill. You will receive an email to notify you when your electronic bill is ready for viewing. It is your responsibility to ensure that your information including email address is correct and up to date. Failure to receive email notification does not limit your obligation to pay your bill on time.
- (b) Once enrolled and for so long as you are using the e-Billing services, you have a limited, personal, non-transferable license to view, download an electronic version and print your bill and any inserts or enclosures (collectively the “Materials”). You may not alter, change, distort or otherwise modify the Materials or any content contained therein, including the amount and description of the charges on the bill or any terms or any proprietary notices contained on any of the Materials. You will not access or attempt to access any Materials, including the bill, of any other person.
- (c) Printed copies of your electronic bill cannot be used to pay at a bank or by mailing a cheque.
- (e) The e-Billing Services are governed by the Province of Ontario and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. You agree to comply with all applicable laws and regulations in your use of the Website and the Offered Services, including all applicable federal, provincial and local laws, and, if your reside outside of Canada, the laws of the country where you reside. If you access the e-Billing Services from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any dispute arising out of the use of the e-Billing Services shall be governed by the laws of the Province of Ontario, Canada. You agree to submit to the non-exclusive jurisdiction of the courts in the Province of Ontario, Canada.
21. ONLINE SELF-SERVICE METER READING (THE “ONLINE READING”)
By submitting an Online Reading for an EGDI account (the “Account”) through the Website, you declare and acknowledge that:
- (a) The Online Reading is accurate to the best of your knowledge, that you are authorized as or by the Account holder to submit the Online Reading, and that you authorize EGDI to rely on the Online Reading for the purposes of measurement, billing and collection for natural gas distribution and related services;
- (b) The Online Reading does not in any way derogate from, or substitute for, the right of EGDI, according to all applicable laws, to access all parts of the premises to which EGDI provides natural gas distribution and related services; and
- (c) Without limitation to the generality of the foregoing, EGDI retains the right to interrogate any EGDI meter, reject or amend the Online Reading, and to estimate a reading for any EGDI meter for the purposes of measurement, billing and collection for natural gas distribution and related services.
Revision Date: November 2007