Your use of this internet site, www.nspower.ca and all affiliated sites and mobile applications (collectively, the “Site”) and any software or services offered on or through the Site (collectively, the “Services”) are subject to these Terms of Service (the “Terms”). The term “you” or “your” as used in these Terms refers to all individuals and/or entities accessing the Site for any reason. If you do not agree to these Terms, you agree not to use or access the Services and the Site. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Your registration for or use of the Site and the Services is deemed to be your agreement to abide by these Terms. Nova Scotia Power Incorporated (sometimes referred to as “NSPI”, “We”, “Us”, or “Our”) may modify these Terms at any time by posting revised Terms on the Site. Your use of the Site and the Services constitutes your binding acceptance of these Terms, including any modifications that We make. You are responsible for regularly reviewing these Terms, the Site, and the Services for any changes. If we notify you of any changes to any portion of the Terms, the Site, or Services, your only remedy is to terminate your participation in the Site or the Services. Your continued use of the Site and Services after any such change to the Site, Services, or these Terms constitutes your acceptance to any such change.
1. License Grant
NSPI grants you a non-exclusive, non-transferable right to use the Site and the Services for the term for which you have created an account and/or use the Site and Services (the “Term”) solely for your own personal or business purposes. You agree to solely use the Site and the Services, and agree to not share your NSPI account, username, password or any other login or registration information (collectively, “Your Account”) with any other user. In addition, your login information and access to the Site and the Services may not be transferred to any other person.
2. Your Content
2.1 You shall own Your Content (defined below) that you enter into the Site while using the Site and the Services. You grant Us and Our service providers, associates, affiliates, agents, licensors, and partners (collectively, “Affiliated Parties”) a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty free, sub-licensable license to exercise and use the copyright, publicity, commercial advertising, and database rights you have in Your Content, and any media now or in the future, in connection with the Site and the Services and for Our business purposes.
2.2 You are solely responsible for all materials, data, media, and information, whether publically posted or privately transmitted, that you upload, post, text, email, transmit, or otherwise make available on the Site or through the Services. Such content, which excludes Feedback and User Posts, is collectively defined in these Terms as “Your Content”. You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. Except as permitted in this Agreement, We will not edit, delete, or disclose Your Content unless authorized by you, required to do so by law, or We believe that such action is necessary to:
(a) conform with applicable provincial laws, federal laws, regulations, by-laws, foreign laws, directives, and any implementing or amending legislation as may be enacted from time to time (“Applicable Laws”) before or during the Term;
(b) protect and defend Our rights or Our property;
(c) enforce this Agreement; and/or
(d) ensure the safety of Our users and integrity of our Site and Services.
2.3 You warrant that you own or have sufficient legal rights to Your Content, including Intellectual Property Rights (defined below), and that by collecting and uploading Your Content to the Site, you are not violating Applicable Laws or the rights of any third party.
2.4 We have the right, but not the obligation, to remove any content that may, in Our sole discretion, infringe someone’s Intellectual Property Rights, violates this Agreement, or that is otherwise objectionable or offensive.
3. Intellectual Property Rights
3.1 All right, title, and interest in and to the Site, the Services, and any and all logos, designs, trademarks, and creative works on the Site and affiliated with the Site and Services (excluding Your Content) are and will remain Our exclusive property, and we maintain worldwide copyright rights, trade secret rights, and other intellectual property rights in such property (collectively, “Intellectual Property Rights”), even if We incorporate any of your Feedback (defined below) and Your Content into subsequent versions of the Site or Services. You will not use our Intellectual Property Rights (or anything that is confusingly similar to our Intellectual Property Rights) for any purpose.
3.2 All feedback, comments, and suggestions for improving the Site and the Services (the “Feedback”) that you provide to Us, and any contributions you make to the Site by posting content and communicating with other users via post or forms that may be available on the Site (“User Posts”), will be Our exclusive property. You hereby irrevocably transfer and assign to Us and agree to irrevocably assign and transfer to Us all of your right, title and interest in and to all of your Feedback and User Posts, including all worldwide Intellectual Property Rights therein. We may ask you to execute documents and take such further steps to assist Us in acquiring, perfecting and maintaining Our Intellectual Property Rights and other legal protections for your Feedback and User Posts.
4. Privacy
4.1 Any information you provide to NSPI, including but not limited to Your Content, is subject to Our Privacy Statement, which governs our collection and use of personal information. You understand that through your use of the Services you consent to the collection, use, and disclosure of this information (as set forth in the Privacy Statement.
4.2 In providing Services through the Site you acknowledge that your personal information may be collected and retained by non-resident service providers hired by NSPI to provide services to NSPI. As such, by using any portion of the Site you acknowledge that your personal information may be disclosed in accordance with laws of foreign jurisdictions, and you hereby consent to such collection and possible disclosure.
4.3 NSPI may use cookies to collect personal information on the Site. These cookies are used to remember your location preferences, to provide social media features, to authenticate your identity, to analyze traffic to and maintain the Site. For more information on our use of cookies please see our Cookie Policy.
5. General Policy For Purchases
When making purchases or other transactions through Our Site, you may be asked to supply certain information, including credit card or other payment details. You agree that all information you provide will be accurate and complete. You agree to pay all charges incurred by you or other users of Your Account and credit card at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on Our Site.
6. Registration Information
If We request registration information from you, you will provide Us with true, accurate, current and complete information. During the Term, you will promptly update Your Account to keep it accurate, current, and complete. If We issue you a password, you may not reveal it to anyone else. You may not use anyone else’s username and password. You are responsible for maintaining the confidentiality of Your Account and passwords. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
7. Use of Mobile Devices
7.1 There is no cost for use of mobile services currently provided on the Site, but you acknowledge that your mobile device carrier’s normal rates and fees will continue to apply.
7.2 You acknowledge and agree that your use of Our mobile services currently provided on the Site is subject to any restrictions, limitations, and deficiencies of any kind of your mobile device carrier.
7.3 You provide consent and all rights necessary to sync (including through an application) your devices with any information that is visible to You through the Site.
8. User Restrictions
8.1 You will be responsible for all activity occurring on Your Account and will comply with all Applicable Laws.
8.2 If offered as part of the Services, you agree to use Our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are appropriate to that particular Forum.
8.3 If you choose a user name or upload content that, in Our sole discretion, is obscene, indecent, abusive or that might otherwise subject Us to public disparagement, scorn, or liability, We reserve the right (without notice to you) to automatically change your user name, delete your posts or Your Content from the Site, deny you access to the Site or the Services, or any combination of these options.
8.4 The technology and the software underlying the Site and the Services are owned by Us or Our Affiliated Parties. You agree not to copy, modify, create derivative works of, decompile, attempt to extract source code from, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in (or transfer any right to) the technology or any software underlying the Site or the Services. You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software.
8.5 Without limitation, you will not do any of the following on the Site:
(a) publish, post, upload, email, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content;
(b) Transmit anyone's sensitive information, including but not limited to anyone’s identification documents, financial information, or any confidential information without their consent;
(c) collect information from other users of the Site without their consent;
(d) Transmit files that contain viruses, corrupted files, or any other similar software, programs or malicious code that may damage or adversely affect the Site, the Services, Our software, hardware, telecommunications equipment, or the operation of another person’s computer;
(e) advertise or use the Services for any commercial purpose;
(f) Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters, or other unsolicited messages;
(g) restrict or inhibit any other user from using and enjoying any area within the Site or Services;
(h) interfere with or disrupt the Site, the Services, and/or any associated software, servers or networks;
(i) facilitate or encourage any violations of these Terms;
(j) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Site or the Services or any content therein; or
(k) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
9. Service Communications
You understand and agree that the Site and the Services may include communication such as service announcements and administrative messages from Us or Affiliated Parties. You may not be able to opt out of receiving these service announcements and administrative messages while using the Site and the Services. You also understand that the Site and the Services may include advertisements.
10. Third Party Sites, Products and Services
The Site may contain links to other internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, of those sites. We have no control over sites that are not Ours, and We are not responsible for any use of such sites or content on them. Our inclusion on the Site of any third party content or link to a third party site is not an endorsement of that content or third party site.
11. Term; Termination; Service Cancellation
11.1 The Term will begin once you create Your Account or use the Site or Services or such other time agreed between you and NSPI, and will continue until Your Account is terminated by you or by Us in accordance with these Terms.
11.2 We may immediately terminate or suspend your use of the Site or the Services, or terminate Your Account and this Agreement if you breach or otherwise fail to comply with this Agreement.
11.3 Upon termination by Us of this Agreement or Your Account, you will not create another account, use the Site or access the Services without Our authorization, which shall be determined in our absolute sole discretion.
12. Indemnification
12.1 You hereby agree to indemnify, defend and hold Us and all of Our officers, directors, owners, employees, Affiliated Parties, suppliers, and licensors (collectively referred to in this section 12, the “Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim, including but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of:
(a) your use of the Site and the Services;
(b) any use or alleged use of Your Account or your passwords by any person, whether or not authorized by you;
(c) the content, quality, or the performance of Your Content, Feedback and User Posts that you submit to the Site;
(d) your connection to the Site;
(e) your violation of this Agreement, or
(f) your violation of the rights of any other person or entity.
12.2 You shall be responsible for compliance with all obligations imposed by any and all applicable provincial laws, federal laws, regulations, by-laws, foreign laws, directives, and any implementing or amending legislation as may be enacted from time to time before or during the Term (collectively, the “Applicable Laws”) and you shall indemnify and hold Us harmless from and against any third party claim against Us resulting from your violation (intentional or otherwise) of the Applicable Laws.
13. Disclaimer
13.1 We are not responsible for the deletion, loss, damage, destruction, failure to store, misdelivery, or the untimely delivery of any information on the Site or through the Services, including Your Content. We are not responsible for any service outages that are caused by Our maintenance on servers of the technology that underlies the Site or the Services, problems inherent in the use of the internet and electronic communications, failures of Our service providers (including telecommunications, hosting, and power providers), problems due to a significantly high volume of users, computer viruses, malicious use of our software or Site, natural disasters or other destruction or damage to Our facilities, acts of nature, strikes, labour disputes, war, civil disobedience or any other cause, whether or not beyond Our reasonable control.
13.2 The Site and the Services, Our software, content and other materials, are provided on an “as is, as available” basis. Any material that you download or otherwise obtain through the Site and the Services is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any such material or use of the Site and the Services.
13.3 We do not make any warranties or representations that:
(a) the Site or the Services will meet your requirements;
(b) the Site or the Services will be uninterrupted, timely, secure, error free, virus free, or operate in combination with any other hardware, software, system or data;
(c) the Site or the Services will be compatible with and uninterrupted by your mobile device carrier;
(d) any information obtained from the Site or from using the Services will be accurate or reliable;
(e) the quality of any products, services, content, information, software or other materials that you purchase or obtain through the Site will meet your expectations; or
(f) any errors you encounter while using the Site or the Services will be corrected.
13.4 We make no warranties, representations, guarantees or conditions of any kind as to title, non-infringement, merchantability, or fitness for a particular purpose with respect to the Services, the Site or any of its content, products, software or other materials available through the Site and used as part of the Services, including any mobile device services.
14. Limitation of Liability
14.1 To the maximum extent permitted by applicable law, we will not be liable for any direct or indirect, incidental, special, exemplary, punitive or consequential damages suffered by you in connection with or arising out of your use of the Services or the Site, its software, content or other materials, even if We have been advised of the possibility of such damages, including but not limited to, damages for loss of profits, goodwill, use or loss of Your Content, passwords, or other intangible losses, resulting from but not limited to:
(a) the use or the inability to use the Site and the Service;
(b) alteration of, inaccuracies, errors or omissions in Your Content, Feedback, User Posts, transmissions or data; or
(c) statements or conduct of any third party, including but not limited to any and all damages flowing from unauthorized third party use of the Site or the Services.
15. Miscellaneous
15.1 Our failure to exercise or enforce any right available to us pursuant to this Agreement or Applicable Laws will not constitute a waiver of such right.
15.2 This Agreement is not assignable.
15.3 This Agreement, including all terms, conditions, and policies that are incorporated into these Terms by reference, constitute the entire Agreement between you and Us and govern your use of the Site and the Services, superseding any prior agreements that you may have with Us.
15.4 This Agreement will be construed in accordance with the laws of the Province of Nova Scotia and applicable federal laws of Canada.
15.5 If any part of this Agreement is determined to be invalid or unenforceable pursuant to Applicable Laws, the invalid or unenforceable provision will be severed and deleted from this Agreement. All other Terms which remain valid and enforceable will survive and remain in full force and effect.
