Terms and ConditionsOurStore is an online store owned and operated by Utility Network & Partners Inc. (“UTILITYnet”). When you visit the OurStore website, you agree to be bound by these Terms and Conditions.
ELECTRONIC COMMUNICATIONSWhen you use OurStore, or send emails, text messages, and other communications from your device, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site. You agree that you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHTAll content included in or made available through OurStore, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of UTILITYnet or its content suppliers and protected by Canadian and international copyright laws.
YOUR ACCOUNTYou may need your own OurStore account to use the OurStore website, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province or territory of residence, you may use the OurStore only with approval of a parent or guardian.
RESERVATION OF RIGHTSOurStore reserves the right to refuse service, terminate accounts, terminate your rights to use OurStore, remove or edit content, or cancel orders in its sole discretion.
RISK OF LOSSRisk of loss and title for items purchased from OurStore pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in Canada.
RETURNS, REFUNDS, AND TITLEUTILITYnet does not take title to returned items until the item arrives at our distribution centre. A refund may be issued without requiring a return at our sole discretion. In this situation, UTILITYnet does not take title to the refunded item. We may charge a restocking fee, issue a partial refund, or refuse a refund outright.
PRODUCT DESCRIPTIONSUTILITYnet attempts to be as accurate as possible. However, UTILITYnet does not warrant that product descriptions or other content of OurStore is accurate, complete, reliable, current, or error-free. If a product offered by OurStore itself is not as described, your sole remedy is to return it in unused condition.
PRICINGWith respect to items sold through OurStore, we cannot confirm the price of an item until you offer to purchase the item by placing an order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by OurStore is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
LIMITATION OF LIABILITYUTILITYnet does not assume any responsibility or liability for the actions, product, and content of any third parties. This may include a third party which provides various payment services to UTILITYnet. You should carefully review privacy statements and other conditions of use for all third parties.
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OURSTORE ARE PROVIDED BY UTILITYNET ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. UTILITYNET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OURSTORE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OURSTORE, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY LAW, UTILITYNET DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UTILITYNET DOES NOT WARRANT THAT OURSTORE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OURSTORE; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OURSTORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, UTILITYNET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OURSTORE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OURSTORE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTESWe each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAWThese Terms and Conditions shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta for any actions or proceedings arising out of or relating to the enforcement of the use of the OurStore Website or from these Terms and Conditions.
SEVERABILITYShould any provision of these Terms and Conditions be illegal or unenforceable for any reason whatsoever, it shall be considered separate and severable from the remaining provisions of this Terms and Conditions, which shall remain in force and be binding as though such inoperative provision had not been included.
UTILITY NETWORK & PARTNERS INC.
200, 1316 – 9 Avenue SW
Calgary, Alberta T2G 0T3
Attention: DARREN CHU