Effective Date of Privacy Statement: April 1, 2001
Updated: February 17, 2012.
IMPORTANT! READ THIS ENTIRE AGREEMENT
Nothing in this material is intended to override the corporate
separateness of local entities. Working relationships discussed in this
material do not necessarily represent a reporting connection, but may
reflect a functional guidance, stewardship, or service relationship.
Just Energy Group Inc. has numerous affiliates, many with names that
include Amigo Energy, Commerce Energy, Hudson Energy, Just Energy, Tara
Energy, JE Solar, and TerraPass. For convenience and simplicity in
this Web site, those terms and terms like corporation, company, our, we
and its are sometimes used as abbreviated references to specific
affiliates or affiliate groups. Similarly, Just Energy has business
relationships with thousands of customers, suppliers, governments, and
others. For convenience and simplicity, words like venture, joint venture,
partnership, co-venturer, and partner are used to indicate business
relationships involving common activities and interests, and those words
may not indicate precise legal relationships.
Just Energy Group Inc. and its affiliated companies ("Just Energy" or
"Company") provide this Web site and other related or linked Just Energy
sites ("Site") and certain services, interfaces and functionality on or
via this Site (the "Services") to you subject to your agreement to comply
this Site or the Services will constitute your acceptance of the General
Terms. Once accepted, the General Terms will constitute a binding
agreement between Just Energy and you governing your use of the Site or
Services (the "Agreement"). If you are not willing to abide by the
General Terms, do not use this Site or the Services.
1. Changes and Special Additional Terms and Conditions
Just Energy may revise the General Terms at any time without notice. You
should revisit this Site periodically to make sure you are aware of the
most recent General Terms because they will be binding on you. Your use of
the Site or Services after such changes constitutes your agreement to such
You are advised to check each page you visit on the Site. Some
locations may have special additional terms and conditions that apply to
use of or interaction with that location. These terms and conditions may
also be changed at any time without notice. Your use of that location
constitutes your acceptance of those special additional terms and
2. Use of the Site
Site Security. You are prohibited from violating, or attempting to
violate, the security of the Site or Services. Any such violations may
result in criminal and civil liabilities to you. We will investigate any
alleged violations, and, if a criminal violation is suspected, we will
cooperate with law enforcement agencies in their investigations.
Violations of the security of the Site and Services include, without
limitation, the following:
Logging into or attempting to log into a server or account that you
are not authorized to access;
Accessing data or taking any action to obtain services not intended
for you or your use;
Attempting to probe, scan, or test the vulnerability of any system,
subsystem or network;
Tampering, hacking, modifying or otherwise corrupting or breaching
security or authentication measures without proper authorization;
Transmitting material that contains viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines or
engines with the intent or effect of damaging, destroying,
disrupting or otherwise impairing a computer's functionality or the
operation of the Site or Services;
Interfering with, intercepting or expropriating any system, data or
information; or Interfering with service to any user, host, or
network including, without limitation, by means of overloading,
"flooding," "mailbombing," or "crashing" any computer system.
"Spam" and Similar Actions. You are prohibited from transmitting
the same or similar unsolicited e-mail messages, bulk commercial
advertising, or chain letters to one or more e-mail groups (which are two
or more e-mail addresses aggregated as a single e-mail addressee).
Infringement. You are prohibited from using the Site or Services to
infringe on any person's copyright, trademark, patent or other
intellectual property rights. We may terminate your right to access the
Site and Services if we believe you are using the Site and Services in a
manner that infringes the copyright, trademark, patent or other
intellectual property rights of another. You may be ordered by a court to
pay money damages to us and to the rightful owner of any intellectual
property rights you violate.
Other Prohibited Actions. In using the Site or Services, you must
Post, e-mail, link or otherwise transmit or use the Site or Services
in furtherance of any unlawful, harmful, harassing, defamatory,
threatening, vulgar, sexually explicit, hateful or otherwise
objectionable material of any kind, any material that exploits
children or is invasive of another person's privacy or other rights,
or any material that Just Energy in its sole discretion does not
wish posted or transmitted on the Site and Services;
Continue to send e-mail to a recipient who has indicated that he/she
does not wish to receive a communication from you;
Engage in and/or encourage conduct that would: 1) violate any
applicable law or regulation or 2) give rise to civil liability;
Engage in conduct which could damage or impair the intended
operability of the Site or the Services;
Impersonate any individual or entity, falsely state or otherwise
misrepresent your identity or affiliation in any way, or forge,
delete or alter any part of TCP/IP packet header information in any
e-mail or other posting;
Engage in deceptive online marketing; or
Assist or permit any persons in engaging in any of the activities
Your Content. You must exercise caution, good sense and proper
judgment in using the Site and Services. You are responsible for any
material you place on or transmit to or through the Site or Services. You
agree, represent and warrant that any information you post to or transmit
through the Site or Services is truthful, accurate, not misleading and
offered in good faith, and that you have the right to post or transmit
such information. Such information (including without limitation, data,
text, software, music, sound, photographs, graphics, video, messages or
any other materials whatsoever), whether publicly posted or privately
transmitted, is your sole responsibility.
You agree that use of any information obtained via the Site or Services is
at your own risk.
Consequences of Unacceptable Use. We reserve the right (but not the
obligation) in our sole discretion to refuse or delete any of your content
as well as suspend or terminate without notice your access to the Site and
Services upon a violation or attempted violation of this Agreement.
Indirect or attempted violations of this Agreement, and actual or
attempted violations by a third party acting on your behalf, shall be
deemed violations by you of this Agreement. Furthermore, it is a violation
of this Agreement to use the services of another company for the purpose
of facilitating any of the activities which violate this Agreement if such
use of another company's service could reasonably be expected to adversely
affect the Site and Services any manner.
No Licensing. By your use of the Site or the Services you receive
no license, express or implied, under any patent rights or trade secret
rights now or hereafter, owned, controlled or possessed by Just Energy.
Printing. You may download and print one copy of content on this
Site for your personal non-commercial use, or in connection with your
purchase of any Just Energy products, provided that you leave any
copyright or trademark information intact and unchanged. Other than as
specifically set out in this paragraph you may not copy (whether by
printing off onto paper, storing on disk, placing on another site,
downloading in any other way), distribute (including distributing copies),
broadcast, alter or tamper with in any way any portion of this Site.
3. Trademark and Copyright
Amigo Energy, Commerce Energy, Hudson Energy, Just Energy, Tara Energy,
TerraPass and certain other brands, trademarks and services marks are
marks of Just Energy and its affiliates. Not all marks of Just
Energy will appear on this Site and not all products or services listed on
this Site are available for sale in every country. Some products or
services may be marketed under local trademarks in specific countries.
Marks of third parties may appear on this Site when referring to those
entities or their products or services. Third party marks displayed on
this site are owned by their respective owners.
The user may forward, distribute, and/or photocopy copyrighted materials
of Just Energy located on this Site only if the entire relevant page or
document is unaltered and complete, including all of their headers,
footers, disclaimers, and other information. You may not copy these
documents to a Web site.
4. Privacy Statement
>Click here to view the Just Energy Privacy Statement.
5. No Warranty
This Site and Services are provided "As Is" and without warranties of any
kind, whether express or implied, to the fullest extent permissible
pursuant to applicable law, Just Energy disclaims all warranties, express
or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and non-infringement.
Just Energy does not represent or warrant that the functions or Services
contained in the Site will be uninterrupted or error-free, that defects
will be corrected, or that this Site or the server that makes the Site
available are free of viruses or other harmful components. Just Energy
does not make any warranties or representations regarding the use of
contents of this Site or Services in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise. Some
jurisdictions do not allow exclusion of implied warranties, so the above
limitations and exclusions may not apply to you.
6. Limitation of Liability
Just Energy shall not be liable to you or any other party for any
compensatory, punitive, special or consequential damages that result from
the use of, or the inability to use, the Site, the Services or the
contents on this Site or the performance of the Site, Services or products
described on this Site, even if Just Energy has been advised of the
possibility of such damages. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the Services or
with any of these terms, your sole and exclusive remedy is to discontinue
using the Site and the Services.
7. Non-Confidentiality of User Materials
You are not to transmit any material to or through this Site that you
consider to be confidential or proprietary. Any material which you
transmit to or through this Site will be considered non-confidential and
non-proprietary. Except as expressly provided in Just Energy's Privacy
Statement or separate written agreement between you and Just Energy, you
give Just Energy an unrestricted, irrevocable, worldwide, royalty-free
license to use, reproduce, display, publicly perform, transmit and
distribute such information. You further agree that Just Energy has the
right to use, without any payment or accounting to you or others, any
concepts, know-how or ideas which you (and those who act on your behalf)
transmit to or through the Site.
8. Use of Third Party Web sites
As a convenience, Just Energy may provide links to Web sites operated by
third parties. If you decide to access a third party's Web site through a
link provided by this Site, you do this at your sole risk. Just Energy is
not responsible for any viruses or other damaging elements encountered in
linking to a third party Web site. Just Energy makes no warranty or
representation regarding and if not responsible for the linked Web sites
or the content of such Web sites.
9. User Communications Areas
The Site may contain areas where users communicate with each other,
including but not limited to blogs, bulletin boards, calendars, chat
areas, or personal web pages.
Just Energy has the right but not the
obligation to monitor or review any part of the Site or the Services
including the user communication areas. However, Just Energy shall have no
liability related to the content of any communications made in these
10. Disclosure; Forward-Looking Statements
Some of the information on this Site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of the Company. We wish to caution you that these
statements are only predictions and that actual events or results may
differ materially. We refer you to the documents the Company files from
time to time with the Securities and Exchange Commission (SEC),
specifically, the Company's most recent Form 10-K, Form 10-Q, and Form
10-Q/A. We also refer you to corresponding documents, and any
documents, filed with the Ontario Securities Commission (OSC).
These documents (SEC and OSC) contain and identify important factors that
could cause the actual results to differ materially from those contained
in our projections or forward-looking statements, including, among others,
potential fluctuations in quarterly results, dependence on new product
development; rapid technological and market change, acquisition strategy,
manufacturing risks, risks associated with Internet infrastructure,
volatility of stock price, financial risk management, and future growth
subject to risks.
11. Global Availability/Export Controls
Portions of this Site and Services may be controlled and operated by Just
Energy from various offices in Canada and the United States. Just Energy
makes no representation that the Site, Services or materials accessed or
described on the Site are appropriate or available for use in other
locations, and access to them from other countries where there contents
are illegal or penalized is prohibited. Access to or use of the Site,
Services or materials accessed on or described on the Site by persons or
from countries who are sanctioned by Canada or the United States is
Those who access the Sites or Services so do on their own and are
responsible for compliance with all applicable Canadian, US and local
laws. You may not export or re-export any Services, information or
materials accessed on or described on this Site except in full compliance
with all Canadian and United States laws and regulations. In
particular, you may not export or re-export into (or to a national or
resident of) any country to which the Canada or the United States
embargoes or sanctions goods, services or technology, to any person or
entity on the U.S. Treasury Department's List of Specially Designated
Nationals, the U.S. Bureau of Export Administration Entity List, the U.S.
Bureau of Export Administration Denied Persons List or the U.S. Commerce
Department's Table of Denial Orders. In addition, you are responsible for
complying with any local laws in your country which may impact your right
to import, export or use the Site, Services, information, or materials
accessed or described on the Site.
12. Indemnity of Company
You agree to indemnify, hold harmless, and defend Just Energy Group Inc.
(including subsidiaries and affiliates of Just Energy Group Inc.,
hereinafter "Just Energy") as well as Just Energy officers, directors and
employees, from and against any claim, demand, cause of action, debt, loss
or liability, including reasonable attorneys' fees, to the extent that
such action is based upon, arises out of, or relates to your violation, or
violation by any other person using your password or account of the terms
and conditions of this Agreement.
13. Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws of the
Ontario, Canada (without giving effect to its principles of conflict of
laws). Any dispute resolution proceedings, whether in arbitration or
court, will be conducted only on an individual basis and not in a class or
representative action or as a named or unnamed member in a class,
consolidated, representative or private attorney general action.
14. Special Note for Parents
Portions of this Site and Services may be of special interest to children
but Just Energy does not seek through this Site to gather personal
information from persons under the age of 17.
15. How to Contact Us
If you have any questions or concerns about the online statement for this
Site or its implementation you may contact us at:
Attn: Customer Service
80 Courtneypark Dr. West,
Units 3 & 4
Mississauga, Ontario L5W 0B3