shop.atco.com

TERMS OF SERVICE

This website is owned and operated by ATCO Energy Ltd. ("ATCO"), operating as "Shop ATCO". Access and use of this website, including the access and use of Shop ATCO on-line store, is provided by ATCO Energy Ltd. to you on condition that you accept these Terms of Use, and by accessing or using this website (including, by purchasing items from Shop ATCO online store) you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.

ATCO may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes. You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.

 

I. OUR ONLINE STORE

This website includes the ability to purchase certain products and services. Some products and services are provided by third parties and are subject to their own terms and conditions. Other products and services are provided directly by Shop ATCO through its online store and such products and services are subject to these Terms of Use.

Please note that when you place an order to purchase products or services on this website, it constitutes an offer to purchase only and remains subject to our acceptance. Products or services listed or described on this Website constitute an invitation from Shop ATCO for you to make an offer to purchase.

If you are unsure which terms and conditions apply to a particular product or service, please contact us directly at 1.844.687.2826 (OUR.ATCO) for clarification.

 

A. POLICIES FOR SHOP ATCO ONLINE STORE

The purchase of any products and services that are provided directly by Shop ATCO through its online store is subject to our Merchandise Returns Policy. By purchasing such products and services you agree to be subject to and bound by such policies. Please review each of these policies before making your purchase.

 

B. PRICES AND PAYMENT

All prices and dollar amounts on this website are in Canadian dollars. We only accept payment for goods or services that you order by valid credit cards and applicable ATCO gift cards that you are authorized to use. Authorization for the dollar value of orders is obtained when your order is submitted. However, we will only charge your credit card as and when goods are shipped to you. If the charge is not accepted, we reserve the right to cancel your order without notice or liability. We reserve the right to stop accepting credit cards from one or more issuers. You are responsible for, and agree to pay, all applicable federal, provincial, municipal, local or other sales, use, excise, value-added goods and services or other taxes, fees or charges arising from or related to your order of goods or services. Such amounts, along with shipping charges, are in addition to the prices indicated on this website. Prices and product selection may differ from those found in our stores.

 

C. TITLE AND RISK OF LOSS

Title to purchased items passes to you upon our delivery of the item to the carrier. This means that you bear the risk of loss should the item be damages by the carrier in transit. If you return goods to us for any reason, you are responsible for loss and damage during shipping and until we receive the goods.

 

D. PRODUCT DESCRIPTIONS, AVAILABILITY, MISPRINTS AND ERRORS

Shop ATCO strives to describe the products and services that it offers directly through its online store as accurately as possible. However, as misprints or other errors may occur, Shop ATCO does not warrant the accuracy, currency or completeness of any product or service description.

Accordingly, subject to applicable law and consistent with ( c ) above, we: ( i ) reserve the right to change the prices of the goods and services advertised or offered for sale through this website at any time and from time to time without any notice or liability to you or any other person; ( ii ) cannot guarantee that goods or services advertised or offered for sale on this website will be available when ordered or thereafter; ( iii ) reserve the right to limit quantities sold or available for sale; and ( iv ) reserve the right not to process orders (even accepted orders) where the price or other material information on this website is inaccurate.

If a product or service offered by us on this Website is not as described, your sole remedy is to return the product in unused condition, or ceasing using the service as the case may be, for a refund of all or a portion of the price paid.

 

E. CHILDREN

Shop ATCO does sell products and services for children, but it sells them to adults. If you are under 18 years of age, you may only use this website with the involvement of your parent and/or guardian.

 

F. LIMITED WARRANTY FOR PURCHASED PRODUCTS

Shop ATCO MAKES NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND RESPECTING ANY PRODUCT OR SERVICE PURCHASED FROM OUR WEBSITE, EITHER EXPRESS OR IMPLIED, STATUATORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED PRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY SUCH REPRESENTATION, WARRANTY OR CONDITION IS EXPRESSLY EXCLUDED.

 

G. EXCLUSION OF LIABILITY FOR PRODUCTS PURCHASED FROM THIS WEBSITE

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF ANY PRODUCTS OR SERVICES PURCHASED FROM THIS WEBSITE.

 

H. YOU ARE RESPONSIBLE FOR YOUR ACCOUNT

Where you establish an account within this website, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under or in connection with your account or password.

 

II. GENERAL TERMS AND CONDITIONS FOR WEBSITE USE

A. INTELLECTUAL PROPERTY

All materials (including the organization and presentation of such material) on this website (the “Materials”) are the property of ATCOenergy and its licensors may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

The Materials may only be used and copied for your own, non-commercial, personal purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with ATCOenergy, any other use of these Materials without ATCOenergy’s written permission is prohibited.

 

B. ACCURACY AND CURRENCY OF WEBSITE

Shop ATCO updates the information on this website periodically. However, Shop ATCO cannot guarantee or accept any responsibility, liability for the accuracy, currency or completeness of the information on this website. Shop ATCO may revise, supplement or delete information, services and/or the resources contained in this website from time to time, and at any time, and reserves the right to make such changes without prior notification to past, current, or prospective visitors.

 

C. LINKED WEBSITES

This website may provide links to third party website for your convenience only. The inclusion of these links does not imply that ATCO monitors or endorses these websites. ATCO does not accept any responsibility for such websites. ATCO shall not be responsible or liable directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.

 

D. EMAIL

Should you choose to email Shop@ATCO.com, be advised that the internet is not a fully secure medium and any communication may be lost, intercepted or altered. Shop ATCO is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via email that:

  • Shop ATCO has no obligation concerning such information
  • The information is non-confidential;
  • Shop ATCO may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information purpose; and
  • The information is truthful and disclosure of the information does not violate the legal rights of others.

 

E. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

Shop ATCO shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Shop ATCO recommends that you install appropriate anti-virus or other protective software.

 

F. WEBSITE AND MATERIALS PROVIDED “AS IS”

THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Shop ATCO DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

 

G. EXCLUSION OF LIABILITY FOR USE OF THIS WEBSITE

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION OF ANY OF THE INFORMATION CONTAINED THEREIN.

 

H. LIMITATION OF LIABILITY

IN ANY EVENT, ATCO's TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER, OR ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE FROM THIS WEBSITE SHALL BE LIMITED TO ONE ($100.00) HUNDRED CANADIAN DOLLARS.

 

I. APPLICABLE LAW

This website is controlled, operated and administrated by ATCO from within the Province of Alberta, Canada. This website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this website, you acknowledge and agree that all matters relating to access to or use of this website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising here under shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you so voluntarily.

 

J. GENERAL

ATCO’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto to be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.

If you have a general question or comment, please contact us.