BLUE SPARK WEBSITE TERMS OF USE

Effective Date: [February 22, 2016]

[Blue Spark Energy Inc.] (“Blue Spark”, “we”, “our” or “us”), company number [BC0900581]), with its registered office at [903 8 Ave SW #300, Calgary, AB T2P 0P7], provides access to the Blue Spark website, www.bluesparkenergy.net, and related URLs (together the “Website”).

These Terms of Use (the “Terms”) set out the conditions on which users (“you”) may use the Website. By using the Website, you confirm that you accept these Terms and agree to comply and be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEBSITE.

1. CHANGES TO THESE TERMS

We reserve the right to add, delete or amend parts of these Terms at our sole discretion and at any time without prior notice to you. We will post any changes to the Terms on this page and will update the Effective Date listed above. If you continue to access or use the Website after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.   

2. DESCRIPTION OF THE WEBSITE

We may add to, amend or take down the Website (or any part thereof) at any time without notice. We may also impose limits on certain features and/or restrict access to the Website (or any part thereof) without notice or liability to you or any third party.

3. ACCESSING OUR SITE

In order to use the Website, you must obtain access to the internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet, including a computer or other access device. You are responsible for ensuring that all persons who access the Website via your internet connection are aware of these Terms and any other applicable terms and conditions and that they comply with them. 

4. INTELLECTUAL PROPERTY

All intellectual property rights in the Website and the material published on it (the “Content”) including without limitation copyrights, trade mark rights, database rights, design rights, trade or business names and domain names in each case whether registered or unregistered, existing now or in the future, are the property of Blue Spark, its subsidiaries, affiliates and/or licensors.

Unless expressly granted in writing by Blue Spark, no rights in or to the Content except those expressly set forth in these Terms are granted to you and you may not use the Content (or any part thereof) for any commercial purposes without obtaining a licence to do so in advance from Blue Spark or its licensors.

You agree to abide by any additional notices, information or restrictions in respect of the Website. Exploiting any part of the Website for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from Blue Spark.

5. YOUR USE OF THE WEBSITE

The Website and the Content are provided for general information purposes only. The Content is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Website or the Content. We make no representations, warranties or guarantees, whether express or implied, that the Website or Content is accurate, complete, free from errors or omissions or up-to-date.

As a condition of your use of the Website, you will not:

  1. use the Website for any purpose that is unlawful or prohibited by these Terms. You are responsible for complying with all local laws and regulations including, without limitation, rules relating to intellectual property rights, the internet, technology, data, electronic mail or privacy;
  2. access to the Website from territories where access to or use of the Website is illegal is strictly prohibited.
  3. reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any part of the Website or Content other than in accordance with these Terms;
  4. interfere or attempt to interfere with, impair, damage, or disable the operation of the Website, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code;
  5. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website;
  6. attempt to gain unauthorized access to the Website (or any part thereof), computer systems or networks connected to the Website (or any part thereof) through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
  7. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including, without limitation, for the purpose of obtaining unauthorized access to the Website;
  8. use any robot, scraper, or other automated means or similar technologies to access the Website for any purpose without Blue Spark’s express written permission or bypass any technical measures  we may use to prevent or restrict access to the Website;
  9. utilize framing techniques to enclose any trade mark, logo, or other Content without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Blue Spark’s name or trademarks without our express written consent;
  10. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  11. modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
  12. make any unsolicited offers, request, advertisements, or spam.

You represent, warrant and undertake that you will comply with the above acceptable use requirements. Blue Spark reserves the right, in its sole discretion, to take such action as it sees fit in relation to any user who partakes in any of Blue Spark’s prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, Blue Spark reserves the right to take court action and/or report users to the relevant authorities.

6. THIRD PARTY SITES AND SERVICES

The Website may contain links to other sites and services operated by third party service providers. Your use of third party sites and/or services shall be solely between you and the third party, and subject to the applicable terms and conditions from such third party. You acknowledge and agree that Blue Spark is not liable or responsible for the availability or accuracy of, and does not endorse, such sites or services or the resources, content, products, on or available from such sites or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party sites or services.

7. IDEA SUBMISSION STATEMENT

Any ideas, proposals, and/or other information submitted or collected on the Website shall be considered non-confidential. By submitting information to the Website, or directly to us, you agree that we shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and we may disclose or use any submission for any purpose whatsoever, at its sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.

8. ERRORS

We endeavour to display all information correctly, but occasionally the posted information may not be accurate. Product and other information provided are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

9. DISCLAIMER/LIMITATION OF LIABILITY

WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS & CONDITIONS, YOU UNDERSTAND AND AGREE THAT BLUE SPARK FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL BLUE SPARK, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “BLUE SPARK ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, OR THE CONTENTS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BLUE SPARK OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR THE BLUE SPARK ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT. NOTHING IN THESE TERMS & CONDITIONS LIMITS OR EXCLUDES BLUE SPARK’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) ITS FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

IF ANY OF THESE TERMS & CONDITIONS ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.

THE BLUE SPARK ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BLUE SPARK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, CONTENT, PROPERTY, PRODUCT OR SERVICE OWNED OR PROVIDED BY BLUE SPARK AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY BLUE SPARK WEBSITE, CONTENT, PROPERTY, PRODUCT OR SERVICE OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

10. INDEMNITY

You agree to indemnify, hold harmless, and keep Blue Spark, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Terms, including, without limitation: (a) your use of the Website; (b) your violation of these Terms or any law, rule or regulation; or (c) your use of the Content. You will cooperate as fully and reasonably as required by Blue Spark in the defence of any claim. Notwithstanding the foregoing, Blue Spark retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Blue Spark herein under the terms and provisions of this clause 8 and in no event shall you settle any such claim without Blue Spark’s prior written approval.

11. GOVERNING LAW & JURISDICTION

These Terms, the Privacy Policy and their respective interpretations shall be governed by and construed in accordance with the laws of Canada.

Blue Spark and you irrevocably agree that the courts of Canada shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms and the Privacy Policy or their subject matter or formation (including non-contractual disputes or claims).

12. MISCELLANEOUS

Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website are incorporated by this reference into these Terms.

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Website and the Content, including, without limitation, those governing your transmission or use of any software or data.

No waiver on the part of Blue Spark of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Blue Spark. Nothing in these Terms is intended to confer on any third party (whether referred to in the Terms by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Blue Spark with respect to your use of the Website and supersede any prior agreement between you and Blue Spark.

13. TERMINATION

You understand and agree that Blue Spark will determine your compliance with these Terms in its sole discretion. Blue Spark reserves the right to restrict, suspend, deny or terminate access to all or part of the Website and to deny access to any person in its sole discretion without notice or liability of any kind. Blue Spark maintains a policy that provides for the termination of any users’ use of the Website if such users are in breach of any of these Terms. Any violation of these Terms may be referred to law enforcement authorities.

14. PRIVACY

By using the Website and providing us with any personal information, you also accept the terms of Blue Spark’s Privacy Policy available at [INSERT WEB ADDRESS].

Data and other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these Terms you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.