Effective Date of Privacy Statement: April 1, 2001
Last Updated: February 17, 2012.
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY
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
Just Energy Group Inc. has numerous affiliates, many with names
that include Amigo Energy, Commerce Energy, Green Star 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
(the "General Terms"). Your use of 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 changes.
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 conditions.
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
- 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
- Other Prohibited Actions. In using the Site or Services, you
- 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
- 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
- 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 described above.
- 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, Green Star 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
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
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