End User License Agreement

 

1. LICENSE

1.1 Grant of License. Prior to You (the end user of the Service) receiving access to the SaskPower App (“Service”), SaskPower requires You to review these terms and conditions and indicate Your consent to them in order to provide You this free Service electronically.  In addition to these terms and conditions, SaskPower’s Privacy Policy:  http://www.saskpower.com/home/how-we-do-business/privacy-policy/ and SaskPower’s MyPower Account Terms and Conditions: https://mypoweraccount.saskpower.com/MyAccount/terms applies to the use of the Service.  This End User License Agreement (“EULA”) grants to You by SaskPower, located at 2025 Victoria Avenue, Regina, Saskatchewan (hereafter, “SaskPower”) a limited non-exclusive, non-sublicenseable, non-transferable license to use the Service on any Apple or other mobile device that You own or control and as permitted by: (a) the usage rules set forth in  the App Store Terms and Conditions, as amended from time to time (the “Usage Rules”); (b) or any other usage rules that may be applicable to You.  The parties to this EULA acknowledge that Apple is not a party to this license Agreement and is not bound by any provisions or obligations with regard to the Service, such as warranty, liability, maintenance and support thereof.  All rights not expressly granted to You are reserved.

1.2 Scope of Use. This EULA does not allow You to use the Service on any Apple or other mobile devices that You do not own or control, and You may not distribute or make the Service available over a network where it could be used by multiple devices at the same time.  You may not rent, lease, lend, sell, redistribute or sublicense the Service.  You may not copy (except as expressly permitted by this EULA and the Usage Rules (if applicable)), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Service).  Any attempt to do so is a violation of SaskPower’s and its licensors’ rights.  You agree that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service.  No portion of the Service may be reproduced in any form or by any means. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SaskPower is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Service.  If You breach these restrictions, You may be subject to prosecution and damages.

1.3 License Expiration. This EULA is effective until You uninstall the Service, at which point this EULA will automatically terminate. Your rights under this EULA will terminate automatically without notice from SaskPower if You fail to comply with any term(s) of this EULA. Upon termination of the license, You shall cease all use of the Service, and destroy all copies, full or partial, of the Service.

1.4 Changes to Services and/or License Agreement. This EULA will govern any upgrades provided by SaskPower that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.  SaskPower may change this EULA at any time, and without advanced notice.  Such changes will be considered mutually binding if You continue to use the Service.  SaskPower will post the most current version of these terms on its website, www.saskpower.com.

2. COLLECTION AND USE OF YOUR INFORMATION

2.1 Collection of Information. You agree that SaskPower may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals; as well as the information defined as Collected Information below.  This information may be gathered periodically when You use our Service websites, and other online products, through other interactions and communications you have with us to facilitate the provision of software updates, product support related to the Service.

2.2 Collected Information from the Service. When You use the Service, we collect information in the following general categories (the “Collected Information”):

  • 2.2.1 Location Information. When You use the “Locate Me” function of the Service, we collect precise location data to suggest which outage area Your location belongs to. If You permit the Service to access location services through the permission system used by Your mobile operating system, SaskPower may also collect the precise location of Your device when the Service is running in the foreground or background. SaskPower may also derive Your approximate location from Your IP address.
  • 2.2.2 Device Information. SaskPower may collect information about Your mobile device, including but not limited to the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

2.3 Important Information About Mobile Operating System Permissions.  Most mobile operating systems (“Operating System”) have defined certain types of Collected Information which the Service cannot access without Your consent. Different mobile operating systems may also have  different permission systems for obtaining Your consent to collect the Collected Information.  For example, some Operating Systems may alert You the first time the Service wants permission to access certain types of data and will let You consent (or not consent) to that request. Other Operating Systems may notify You of the permissions that the Service seeks before You first use the Service, and Your use of the Service constitutes Your consent. If You initially permit the Service to collect the Collected Information, You may revoke your permission by changing the settings on Your mobile device at a later time. However, revoking your permission by changing your settings may limit Your ability to use certain features of the Service

2.4 Use of Collected Information. SaskPower may use this information to:

  • 2.4.1 Provide, maintain, and improve our Service, including, for example, to uniquely identify You and send You outage updates or efficiency tips;
  • 2.4.2 Perform internal operations, including, for example, to prevent fraud and abuse of the Service; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends; and
  • 2.4.3 Personalize and improve the Service to provide recommended features.

2.5 Sharing Information. SaskPower may share Collected Information:

  • 2.5.1 With third party applications or websites that integrate with the Service;
  • 2.5.2 With vendors, consultants, marketing partners, and other service providers who need access to Collected Information to carry out work on SaskPower’s behalf;
  • 2.5.3 In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
  • 2.5.4 With law enforcement officials, government authorities, or other third parties if SaskPower believes Your actions are inconsistent with SaskPower’s EULA, Terms of Service, or policies, or to protect the rights, property, or safety of SaskPower or others;
  • 2.5.5 If SaskPower otherwise notifies You and You consent to the sharing; and
  • 2.5.6 In an aggregated and/or anonymized form which cannot reasonably be used to identify You.

2.6 Analytics Services. SaskPower may allow others to provide audience measurement and analytics services for SaskPower, to help SaskPower improve quality.

2.7 Access Rights. SaskPower will comply with Your requests regarding access, correction, and or deletion of personal data it stores in accordance with applicable laws.

3. DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION.

3.1 Disclaimer. Though every attempt is made to provide accurate and timely information, the Service (and all information and data You may receive as a result of using the Service) is provided “as-is” without warranty of any kind, and no warranties, either express or implied, are made with respect to the Service and such information, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or any other warranties that may arise from usage of trade or course of dealing. The SaskPower Parties do not warrant, guarantee, or make any representations regarding the use of or the results of the use of the Service (and all information and data You may receive as a result of accessing the Service) in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the Service will be uninterrupted or error free. In the event of a third party claim that the Service or the possession and use of the Service by You infringes that third party’s intellectual property rights, SaskPower (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. SaskPower expressly disclaims any warranties not stated herein. You expressly agree that your use of the Service is at Your own risk, all representations, warranties and conditions of any kind, express or implied are excluded to the maximum extent permitted by applicable law.

  • 3.1.1 Information Disclaimer.  The information provided through this Service (including, but not limited to, any savings tips and projected savings information) are estimates only (the “Information”). Use of the Information is at Your own risk. SaskPower makes no representations, nor provides any warranty or guarantee, as to the accuracy, currency, or completeness of the Information, and assumes no responsibility in this regard. SaskPower makes no guarantee that the use of the Information will result in a reduction in Your power bill.

3.2 Limitation of Liability.SaskPower and its affiliates, directors, officers, employees, agents, contractors, subcontractors, assigns and successors and each of them (collectively, “the SaskPower Parties”), shall not be liable nor accountable for any damages or losses (whether direct or indirect) resulting from: (a) a delay or any other failure of the Service including but not limited to transmittal of a message via the Service, whether arising from user error, malfunction of equipment, natural impediments, networking impediments; (b) inaccurate information, incomplete information; (c) the use of or reliance on Information provided by the Service; or by any other cause, and by using the Service You understand the possibility of the same and agree to this.

3.3 Indemnification. You shall indemnify and hold harmless and, at the sole option of SaskPower, defend SaskPower and the SaskPower Parties from and against any and all claims, actions, fines, penalties and liabilities in tort, contract, or otherwise brought against SaskPower or any of the SaskPower Parties which arise from, result from or are in connection with Your acts, omissions or failures, including any of Your acts, omissions or failures arising from, resulting from or in connection with any of Your duties or obligations pursuant to this EULA.

4. GENERAL

4.1 Export Controls. You represent that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

4.2 Contact Information. In case of questions, complaints or claims with respect to the Service, please contact:
Name: Customer Experience Consultant (Digital)
Address: 2025 Victoria Avenue, Regina, SK, Canada S4P 0S1
Telephone: 306-566-2031
Email: SaskPower_Customer_Services@nullsaskpower.com

4.3 Third Party Beneficiaries. If applicable, Apple and Apple’s subsidiaries shall be third party beneficiaries of this End User License Agreement and upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will have been deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.

4.4 Governing Law. The Laws of the Province of Saskatchewan (excluding its conflict of laws rules and the United Nations’ Convention on Contracts for the International Sale of Goods) and the Laws of Canada applicable in Saskatchewan govern the interpretation, validity and enforceability of this Contract. You agree to submit to the jurisdiction of the courts of the Province of Saskatchewan.

4.5 Severability. If any of the provisions of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions formulated in such a way that the intended purpose will largely be achieved.
4.6 No Assignment. This EULA may not be transferred or assigned in whole or in part by You.

4.7 No Waiver. No waiver by SaskPower of any provision of this EULA, nor consent by SaskPower to any departure therefrom, shall in any event be effective unless it is signed by an authorized officer of SaskPower, and then shall be effective only in the specific instance and for the purpose for which such waiver was given.

4.8 Headings. The Article and Section headings contained in this EULA are included for reference purposes only and shall not affect the meaning or interpretation of this EULA.

4.9 Survival. All provisions of this EULA which expressly or by their nature survive the termination of this EULA will continue in full force and effect after any termination of this EULA.

 

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