Terms of use of our website

Revision date: November 2022

Part 1 – Terms of Use for the Website and Services Offered

These terms of use (the “Terms of Use”) apply to the use of this website (the “Website”) as well as to any services offered (the “Services Offered”) through it. Please read these Terms of Use carefully before accessing the Website, as they contain important information that you should review before consulting the information available on it and using any Services Offered. Certain Services Offered may also be subject to additional terms. The Website and the Services Offered are provided to you for your convenience.

By accessing and browsing the website without using any services offered, you agree to part 1 of these terms of use with enbridge inc. (“Enbridge”) and its affiliates and subsidiaries (collectively, the “Companies”). By accessing the website and using any service offered on this website, you agree, in addition to part 1, to part 2 of these terms of use with the companies. If you do not accept all of these terms of use, please stop using the website and the services offered immediately.

Except as otherwise provided in Part 2 of these Terms of Use, the Companies may, at any time and without notice, modify and update these Terms of Use. Please review them periodically on the Website. Your continued use of the Website constitutes your acceptance of these changes.

These Terms of Use apply only to your use of the Website and the Services Offered. They do not apply to any other service or product you may purchase from Enbridge, its subsidiaries or affiliates, or from any third party.

The information about the Companies provided on this Website is for general informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy 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 replace the information disclosed under the corporate and securities laws applicable to the Companies, and should not be relied upon as a basis for investment decisions regarding securities of the Companies.

While the Companies make reasonable efforts to ensure that the information provided on this Website is current and accurate, they make no representations and give no warranties as to the accuracy, reliability, completeness or timeliness of this information.

Certain documents accessible on this Website, including investor presentations, conference calls, and documents filed by the Companies with Canadian and U.S. securities regulators, posted and/or linked to the Website, are only valid as of the date on which they were filed or otherwise used by the Companies. Their content may become outdated. However, except as required by law, the Companies assume no obligation to publicly update or revise such documents, whether as a result of new information, future events or otherwise.

It is your responsibility to ensure that you have the hardware, software and Internet access services necessary to access the Website and properly use the Website and any Services Offered. If you experience difficulties using the Website or the Services Offered, please notify Enbridge. Neither the Companies nor any third party listed on the bill are responsible for any costs associated with your use of and/or access to the Website, or any Services Offered.

The Website contains links to third-party sites. These links are provided solely for your convenience and do not constitute an endorsement by the Companies of the content of those sites. Links to the Website may also be provided from other sites, whether or not the Companies are aware of them. Access to any other website linked to or from the Website is at your own risk. The Companies have not reviewed and are not responsible for the content of any third-party site linked to or from the Website, and make no representations as to the content or accuracy of the materials found there.

The Website and its content are protected by copyright, trademarks and other proprietary rights of the Companies or third parties. Except as expressly permitted by these Terms of Use, no part of the Website or its content, including trademarks, logos and service marks, may be reproduced, in any form or by any means, without the prior written authorization of the Companies or the relevant third party. Nothing herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to any intellectual property, including any patent, trademark or copyright belonging to the Companies or a third party.

The Companies, as applicable, grant you a limited, personal and non-transferable license to use and copy the documents published on the Website, solely for non-commercial purposes within your organization and in support of the products or services of the Companies, as applicable. This license may be revoked at any time, at the sole discretion of the Companies, as applicable. No other use of the documents is authorized. In consideration of this limited license, you agree that any copy of the Website documents will retain all copyright, trademark and other proprietary notices, in the same form and manner as on the original. You must also expressly acknowledge the Companies as the provider of the content and the holder of the applicable copyright or trademarks.

You will use the Website, the Services Offered and any other content or information accessible on the Website solely for lawful purposes. You must not upload to the Website, distribute from it, or otherwise disseminate through the Website, any document or information, of any nature whatsoever, that is defamatory, obscene, pornographic, abusive or otherwise contrary to law, that infringes the rights of another person or entity, or that contains a solicitation of funds, advertising or a solicitation of goods or services. You are solely responsible for the content of any document or information you make available through the Website, as well as for any loss or damage resulting therefrom, directly or indirectly.

You acknowledge that the use of certain parts of the Website, including a Service Offered, may require a user identification reference (hereinafter, an “email login”) and a password. You must keep your email login and password confidential. You are responsible for any use of a Service Offered by means of your email login and password, whether or not authorized by you.

The Website may contain certain forward-looking statements and forward-looking information (“FLI”) in order to provide shareholders of the Companies and potential investors with information about the Companies and their respective subsidiaries and affiliates, including management’s assessment of the future plans and activities of the Companies and their respective subsidiaries and affiliates. This FLI may not be appropriate for other purposes. FLI is generally identified by words such as “anticipate,” “expect,” “project,” “estimate,” “forecast,” “plan,” “intend,” “target,” “believe,” “likely” and other similar terms suggesting future outcomes or statements regarding an outlook. All statements, other than statements of historical fact, may constitute FLI. Although management believes that the FLI is reasonable based on the information available as of the date hereof and the processes used to prepare it, these statements are not guarantees of future performance, and you are cautioned not to place undue reliance on the FLI. By its nature, FLI is based on various assumptions that rely on factors that may be difficult to predict and involve known and unknown risks, uncertainties and other factors that could cause actual results, levels of activity and achievements to differ materially from those expressed or implied in the FLI. Information on these assumptions, risks and uncertainties is contained in the applicable filings with Canadian and U.S. securities regulators. Due to the interdependencies and correlation of these factors, as well as other factors, the impact of any one assumption, risk or uncertainty on the FLI cannot be determined with certainty. Except as required by law, the Companies and their respective subsidiaries and affiliates assume no obligation to publicly update or revise any FLI, whether as a result of new information, future events or otherwise.

The Companies may terminate your use of the Website and the Services Offered, or of a particular Service Offered, if you use the Website and/or a Service Offered in a manner contrary to law or to these Terms of Use, or in a manner that disrupts the Website or the Services Offered.

You acknowledge and agree that this website and the services offered are provided to you by the companies for your convenience and without any monetary charge to you. In consideration, you agree that your use of the website and any service offered (including downloading any document or information from the website) is at your own risk and is provided by the companies “as is” and “as available,” without any warranty or condition of any kind, express or implied.

Except to the extent required by applicable law or pursuant to part 2 of these terms of use, the companies disclaim all warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. The entire risk arising from the use, performance or non-performance of the website and the services offered remains with you.

 

In no event shall the companies and their respective directors, officers, employees, contractors, agents or suppliers (the “enbridge parties”) be liable to you or any third party for any direct, consequential, special, incidental, indirect or punitive loss or damage of any kind arising out of or related to the use or inability to use the website, any service offered and/or any breach of the terms of use, including, without limitation, loss of profits, loss of business or goodwill, loss of use, business interruption, personal injury, death, loss of data or any other pecuniary loss, even if such parties or any of them have been advised of the possibility of such loss or damage or any claim by a third party.

Without limiting the generality of the foregoing, if you are dissatisfied with any part of the website and any service offered available on or through the website, or with any of the terms of use, your sole and exclusive remedy is to stop using the website and the services offered.

You agree to indemnify and hold harmless each of the companies against all claims, liabilities, damages and losses, including reasonable legal fees and costs, arising out of or related to your use of the website, any service offered, or your breach of the terms of use.

If one or more provisions of the Terms of Use are found to be invalid, illegal or unenforceable, such provision or provisions shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not be affected in any way.

Except as otherwise indicated in Part 2 of these Terms of Use with respect to the Services Offered, these Terms of Use are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, excluding the rules relating to conflicts of laws or choice of law. You agree to comply with all applicable laws and regulations in connection with your use of the Website and the Services Offered, including applicable federal, provincial and local laws and, if you reside outside of Canada, the laws of the country in which you reside. If you access the Website from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Except as otherwise indicated in Part 2 of these Terms of Use with respect to the Services Offered: (i) any dispute arising from the use of the Website or these Terms of Use is governed by the laws of the Province of Alberta (Canada); and (ii) you agree to submit to the non-exclusive jurisdiction of the courts of the Province of Alberta (Canada).

The headings contained herein are provided solely for ease of reference and do not form part of the Terms of Use. They shall not be taken into account in the interpretation of the Terms of Use.

The Terms of Use, as they may be amended from time to time, including any document referred to herein as well as any other applicable terms appearing on the Website and relating to the Services Offered, constitute the entire agreement between you and the Companies regarding your use of the Website and the Services Offered. The failure of the Companies to enforce any provision of the Terms of Use shall not be construed as a waiver of that provision. For greater clarity, a Service Offered may be subject to additional terms relating to its use; these may be found in the section of the Website dealing with that Service Offered or may have otherwise been communicated to you. In the event of any inconsistency or conflict between the terms of Part 1 and those of Part 2 of the Terms of Use applicable to a Service Offered, the terms of Part 2 shall prevail.

The Terms of Use bind the parties and apply for their benefit as well as that of their successors, heirs, executors, administrators, personal representatives and authorized assigns. You may not assign any of your rights or obligations hereunder.

The parties confirm that they wish these Terms of Use and any other document delivered or provided pursuant to the Terms of Use, including notices, to be drafted solely in English. Les parties aux présentes confirment également leur volonté que la présente convention, de même que tous les documents, y compris tous avis, s’y rattachant, soient rédigés en anglais seulement.

By using the Website, you acknowledge that you have been notified of Enbridge’s Privacy Statement.

Terms Applicable to the Services Offered

a) In addition to the general terms set out in Part 1 of these Terms of Use, this Part 2 contains additional terms that apply to certain Services Offered by Enbridge Gas Inc. (“EGI”). By using the EGI portion of the Website and the Services Offered, you acknowledge that you have been notified, where applicable, of EGI’s privacy statement.

b) The Services Offered are provided to you for your convenience and free of charge. EGI reserves the right to withdraw any of the Services Offered at any time, subject to any notice required by applicable law and in any manner prescribed thereby. EGI also reserves the right to modify any provision hereof at any time, upon notice. If you do not accept a change proposed by EGI, you may terminate the Service Offered without penalty. If no manner of notice is prescribed for the termination of a service or the modification of these Terms of Use applicable to a Service Offered, EGI may use any means, at its discretion, including a notice posted on the Website or a message transmitted through the Service Offered.

c) EGI’s Services Offered are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding the rules relating to conflicts of laws or choice of law. If you access the Services Offered from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any dispute arising from the use of the Services Offered is governed by the laws of the Province of Ontario (Canada), and you agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario (Canada).

d) Any unprotected electronic communication over the Internet is neither secure nor confidential and may be subject to interception, loss and/or alteration. By using the Services Offered, you acknowledge and assume the risks associated with unprotected electronic communications over the Internet. EGI is not liable and will not be held responsible, to you or anyone else, for any damage related to an email, text message (SMS) or any other electronic message you send to EGI, or that EGI sends to you.

EGI provides the ability, through the Website, to request and modify services, submit and receive information and documents, apply for EGI incentives and offers, and more generally manage your EGI accounts and your access to the Services Offered. You acknowledge that EGI will verify your identity for purposes of the Services Offered by means of your email login and password, as well as additional account security verification measures that may include multi-factor authentication (e.g., SMS or text codes) or other means. These elements collectively constitute a reliable method enabling us to identify you. EGI requires your consent to the use of various online documents and to their submission by means of your electronic signature when you use certain Services Offered. EGI therefore asks you to note the following:

a) EGI’s various online documents contain the same information as our paper documents and are organized in a generally similar manner;

b) when you are required to review an online document, you should scroll through the entire document and examine it carefully before clicking on “I Agree” / “I Accept” (or any equivalent option) or otherwise indicating your acceptance of the content, terms and conditions of the document;

c) when you complete an online document, then click on “I Agree” / “I Accept” (or any equivalent option) or otherwise affix your electronic signature in accordance with EGI’s instructions, you are giving your consent. Our system will then record the document in our computer systems and permanently associate your electronic signature (consisting of your email login and/or, if you are asked to type your name, your typed name) with the completed document;

d) your use of the electronic signature functionality constitutes consent to receive information and documents from EGI electronically;

e) before submitting a completed online document, you will be asked to review it. After consenting to your completed online document as described above, a screen will immediately confirm, or an email may be sent to you, that your completed online document has been received by EGI. You should print or electronically save a copy of the document for your records; and

f) EGI uses reasonable means to protect the security surrounding this online request system, including the use of industry-standard encryption and firewalls.

a) If you participate in electronic billing services (the “e-bill”), you will no longer receive a paper bill. You will receive an email notifying you that your e-bill is ready to view; this email may include your EGI account number, the payment due date, the amount due on that date and a PDF attachment of your complete bill. You may update your online account preferences if you do not wish to receive a PDF attachment. It is your responsibility to ensure that your information, including your email address, is accurate and up to date. Failure to receive the email notice does not limit or modify your obligation to pay your bill on time.

b) Once enrolled, and as long as you use the e-bill, you hold a limited, personal and non-transferable license to view your bill, download an electronic version of it and print it, as well as to print any insert or schedule (collectively, the “Documents”). You may not alter, modify, distort or otherwise change the Documents or any content appearing therein, including the amount and description of charges, any terms or any proprietary notices. You must not access, or attempt to access, the Documents (including the bill) of any other person.

c) Printed copies of your e-bill may not be used to route a payment to an ATM, a bank teller or by mailing a cheque.

d) The exclusion and limitation of liability set out in section 10 of the Terms of Use apply to the e-bill for the benefit of the Companies and any third party whose charges appear on the e-bill or who has provided schedules or inserts to the e-bill.

By submitting an Online Reading for an EGI account (the “Account”) through the Website, you represent and acknowledge that:

a) the Online Reading is accurate, to the best of your knowledge; you are authorized, as the Account holder or by the Account holder, to submit the Online Reading; and you authorize EGI to rely on it for metering, billing and collection purposes relating to the distribution of natural gas and related services;

b) the Online Reading in no way affects or replaces EGI’s right, in accordance with all applicable laws, to access all parts of the premises to which EGI provides natural gas distribution services and related services; and

c) without limiting the generality of the foregoing, EGI retains the right to interrogate any EGI meter, reject or modify the Online Reading, and estimate a reading for any EGI meter for metering, billing and collection purposes relating to the distribution of natural gas and related services.

The Online Reading is not available to customers with large business accounts.

By registering for online access to your Enbridge account (the “Online Account Service”), you represent and acknowledge that:

a) There are two types of access to the Online Account Service: (i) residential (rate 1) and commercial (rate 6) access (collectively, the “mass market”); and (ii) large business access. Your EGI bill indicates your type of access to the Online Account Service.

b) Mass market access and large business account access are separate Services Offered. Your email login must be unique for each type of Account access and cannot be used for another type of access. For greater certainty, if you need to have both mass market access and large business account access in the Online Account Service, you must have a separate email login for each type of access.

c) Any information you provide through the Online Account Service will be accurate and complete.

d) You will not use the Online Account Service to access information regarding an Account unless you have the authority to do so on behalf of the person or business whose Account you are viewing.

e) You will not provide any information to EGI through the Online Account Service unless you are authorized to provide us with that information.

f) All information you provide in the Online Account Service will become the property of EGI. EGI will have the right to use such data and to claim 100% of any natural gas savings resulting from your use of the Online Account Service or any incentive offered through My Account.

g) If you choose to submit online requests or information to EGI, the Electronic Signature Consent set out in section 20 of the Terms of Use will apply to such submissions.

h) For greater certainty, the disclaimer and exclusion of warranties, and the exclusion and limitation of liability set out in sections 9 and 10 of the Terms of Use apply to the Online Account Service, for the benefit of the Companies and any third party whose charges appear on the e-bill or who has provided schedules or inserts to it. In particular, EGI makes no representation, warranty or assurance as to the accuracy of the information contained in any report provided under the Online Account Service, nor as to the accuracy of any savings that may be indicated therein. Any dollar savings are estimated using EGI’s supply and distribution rates applicable to typical households in EGI’s franchise area; actual savings may vary from household to household. In the event of any discrepancy between the information in the Online Account Service and that on your EGI bill, the EGI bill shall prevail.

Additional Terms for Large Business Account (“LBA”) Customers

By registering for LBA online account access, you represent and acknowledge that:

(i) Each LBA customer requesting access (the “LBA Customer”) will name an “LBA Owner” and designate the account number(s) to be associated with the LBA Customer’s access profile to the Online Account Services (the “LBA Profile”), by means of the agreement(s) designated by EGI from time to time. Only one LBA Owner may be named at any given time for an LBA Profile. The LBA Customer is also responsible for notifying EGI of any removal or addition of an LBA Owner.

(ii) The LBA Owner will have the privileges to view and download all of the billing account information available in the Online Account Services for all accounts linked to the LBA Profile, and will be able to modify the LBA Customer’s billing account information and the LBA Profile (including, without limitation, changing customer contact information and billing addresses, adding or removing account(s) from the e-bill, and adding or removing LBA Users). The LBA Owner will receive an email notification when the e-bill is ready to view if accounts associated with the LBA Profile are enrolled in the e-bill.

(iii) LBA Users are designated by the LBA Owner in writing or otherwise as permitted by EGI. LBA Users have the privileges to view and download all of the billing account information available in the Online Account Services for all accounts linked to the LBA Profile, and will receive an email notification when the e-bill is ready to view if accounts associated with the LBA Profile are enrolled in the e-bill.

(iv) Each person accessing the Service Offered for an LBA Customer (“Authorized Personnel”) will receive an email login and choose a password. Authorized Personnel will be able to change the passwords and identification information associated with their email login. Authorized Personnel include “LBA Users” and “LBA Owners.” EGI may limit the number of Authorized Personnel associated with each LBA Profile. The LBA Customer is responsible for all acts or omissions of its Authorized Personnel.

(v) Upon receipt of a request to remove a member of Authorized Personnel from the LBA Profile, EGI will take reasonable steps to remove them as soon as reasonably possible. Notwithstanding the foregoing, the LBA Customer remains responsible for any use of the Online Account Services and for all actions taken by such member of Authorized Personnel until their effective removal.