Terms of Use

This web site (the "Web Site"") is operated by Westcoast Energy Inc. ("WEI"), and is intended to provide a method to conduct business on the BC Pipeline system via the Internet. The secured areas of this Web Site (the "Customer Interface") are for posting invoices, conducting data entry, reporting, notifications, creating and submitting certain electronic agreements, and other communications, including nominations, statements, authorizations, curtailments, etc.

Use of this Web Site is subject to the following terms and conditions, as may be amended from time to time (the "Terms of Use"). Your use of this Web Site, or continued use of this Web Site, constitutes acceptance of these Terms of Use, on behalf of yourself and the company or organization on behalf of which you are acting (the "Customer"), except as expressly provided herein. Any person using this Web Site, whether a visitor or a user of the Web Site, will be considered a "User" to whom these Terms of Use apply. The User agrees to perform all duties and functions in respect to conducting its business, or the business of the Customer on behalf of which the User is acting, as set out in the Westcoast Energy Inc. General Terms and Conditions Service on file with the Canada Energy Regulator (the "General Terms and Conditions"). Please review the following Terms of Use concerning your use of this Web Site. If you violate these Terms of Use, WEI reserves the right to seek all remedies available as set out in the General Terms and Conditions.

MATERIAL CONTAINED IN THIS WEB SITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE AN OFFERING OR ADVERTISEMENT OF AN OFFERING OF SECURITIES IN ANY JURISDICTION. INFORMATION DISCLOSED ELSEWHERE UNDER THE CORPORATE AND SECURITIES LAWS APPLICABLE TO WEI IS NOT INTENDED TO BE IN ANY WAY QUALIFIED, AMENDED, MODIFIED, SUPERSEDED OR SUPPLEMENTED BY THE INFORMATION OTHERWISE AVAILABLE IN, THROUGH OR ON THIS WEB SITE.

REVISIONS TO THESE TERMS

WEI may at any time revise these Terms of Use. By using this Web Site, you agree to be bound by any such revisions and should periodically visit this page to determine the current Terms of Use. Please see "Changes to These Terms of Use" below for further information regarding revisions to these Terms of Use.

ACCESS

The Web Site contains both public and secured areas.

In order to access the Web Site in both the public and secured areas, the following item is required:

all required hardware, software, telecommunications lines, Internet access and other items in the operating environment, all of which you are required to provide at your cost; using vendor-supported versions of Microsoft Internet Explorer with popup blocker disabled

In order to access the Customer Interface in the secured area, the following items are required:

a Customer Administrator user identification and password, and
User identification and password.

You, as Customer, further acknowledge and agree that the Customer Interface does not include a timeout function that operates to automatically logout a User from the Customer Interface after a prescribed period of inactivity and that any risk whatsoever associated with a User failing to logout of the Customer Interface after each use thereof lies solely and completely with the Customer.

RECEIPT OF UNAUTHORIZED INFORMATION

The secured areas of the Web Site have been designed so that each Customer's information can only be accessed by that Customer or its agent for the purposes of such information, and so that each User can access only the information to which that User is entitled, by access level as determined by that Customer. As the Customer, you agree that you will not attempt to access, download, copy or otherwise use any information on the Web Site that you are not authorized to access, and you agree to ensure that your agents and each individual User authorized by you do not attempt the same. If, however, you, including your agent, or any User authorized by you does access, receive or otherwise obtain any such unauthorized information, then you agree to promptly notify WEI, and you agree not to download, copy, transmit or otherwise use any of such unauthorized information, except as may be expressly authorized by WEI.

You acknowledge and agree that WEI, as the operator and owner of the Web Site, will have access to, and the ability to review to the fullest extent allowed by law, all messages, electronic mail, files and other communications of any sort on the Web Site, whether or not such communications are designated as private or confidential.

LIABILITY DISCLAIMER AND INDEMNITY

WEI has provided the information contained in this Web Site in good faith and has made reasonable efforts to make the information as accurate and up to date as possible.

This Web Site, including the Customer Interface, and the links to other sites contained in this Web Site, are made available by WEI on the express condition, which every User accessing this Web Site accepts, that no obligation, responsibility or liability, based in contract, tort (including, without limitation, negligence) or otherwise, shall be incurred by WEI, its affiliates and subsidiaries, or any of their shareholders, officers, directors, employees, contractors or agents for any loss or damage whatsoever, whether incidental, special, direct or indirect, consequential, punitive, exemplary, general, or for lost profits in connection with, caused by or arising from this Web Site, or any delays, inaccuracies, errors or omissions in or infringement by, or from any use of, or reliance on, information available on this Web Site, the links to other sites contained in this Web Site or any information available on such sites or resulting from the incompatibility of any software downloaded, copied or otherwise accessed from this Web Site.

You agree to indemnify and hold WEI harmless from and against all actions, damages, expenses, fees (including, without limitation, legal fees and amounts paid in settlement) and liabilities whatsoever incurred by WEI in connection with your use of this Web Site.

THIRD PARTY LINKS

By selecting a link on this Web Site to another web site, you will be leaving the WEI Web Site. All information provided at another web site is issued by and is the responsibility of the owner of that site. WEI is not responsible for the availability of such other sites and WEI does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such other sites. Links are provided for convenience only and a link to another web site should not be taken to imply any endorsement, investigation or verification of such site by WEI.

USER INFORMATION

Information collected from a Customer or User for conducting business on the Web Site (including personal information) is subject to the WEI Privacy Statement available on the footer of each web page. Please review the contents of this Privacy Statement frequently, as it may be amended from time to time to reflect changes in the services and policies relating to such information (including personal information).

VIRUSES, ETC.

WEI assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Web Site or your downloading of any materials, data, text, or images from the Web Site.

TERMINATION

WEI reserves the right to terminate access to this Web Site and/or to any information made available on this Web Site at any time and without notice.

TRADEMARK INFORMATION

All trademarks, trade names, product names, service names, slogans or logos referenced in this Web Site are registered or unregistered trademarks of WEI, unless otherwise indicated, and their use and reproduction is strictly prohibited.

OWNERSHIP AND PERMISSION TO USE OUR MATERIALS

Title to and all rights (including all intellectual property rights) in all software comprising the Web Site provided by WEI and all information and material contained in the Customer Interface provided by WEI (all such software, information and material collectively called the "Proprietary Material") shall be owned by and remain in WEI or its licensors. You shall not and shall not try to disassemble, decompile, translate or convert into human readable form or into any other computer language, or otherwise reverse engineer or modify, all or any part of the Proprietary Material, or use any of the Proprietary Material to develop any derivative works or any functionally compatible or competing software. Any questions concerning these Terms of Use or a request for permission to use any information or materials in this Web Site may be directed to ISWebAdminWest@enbridge.com.

CHANGES TO THESE TERMS OF USE

Whenever these Terms of Use are changed, a Non-Critical notice will be issued to all Customers through our Customer Notification system with the changes highlighted.

New Users will need to accept these Terms of Use for access to the Web Site in the secured areas in order to conduct business on the Customer Interface on behalf of the Customer. Existing Users will be granted a 30-day grace period within which to accept the changed Terms of Use where the User can decline acceptance and still conduct business on the Customer Interface on behalf of the Customer, as well as allow time for the User to review the changes to these Terms of Use. After this 30-day grace period the User will be denied access to the Customer Interface until the changed Terms of Use are accepted. The previous agreement between WEI and the Customer and/or the User, as applicable, governing use of the Customer Interface will remain in effect during the 30 day grace period or until the changed Terms of Use are accepted, whichever is earlier.

MISCELLANEOUS

All matters relating to access to, or use of, this Web Site shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree to submit to the jurisdiction of the courts of British Columbia in any legal action or proceeding relating to access to, or use of, this Web Site.

These Terms of Use, together with the General Terms and Conditions and any additional terms related to the use of the Customer Interface, as applicable, constitute the entire agreement between you and WEI with respect to your use of the Web Site.

Should any provision of these Terms of Use be found to be illegal or unenforceable, all other provisions shall remain in full force and effect and be binding upon you and the relevant Customer.

These Terms of Use will be binding on, and enure to the benefit of, the parties hereto and their respective successors and permitted assigns.

You may not transfer or assign, all, or any part of your rights and obligations in these Terms of Use without the prior written consent of WEI.

COPYRIGHT INFORMATION

The copyright in this Web Site and the underlying HTML files which implement the hypertext features of the pages in this Web Site are the property of WEI. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any material from this Web Site in whole or in part without the prior written permission of WEI. You may download, view, copy and print material from this Web Site subject to the following:

1. such material may be used only for personal, non-commercial purposes, except as expressly permitted herein or otherwise by WEI;
2. such material may not be modified, disassembled or otherwise altered in any way; and
3. you must retain all copyright and other proprietary notices contained in the materials and acknowledge WEI as the source.

WEI reserves the right to revoke any permission given in respect of material contained in this Web Site at any time without notice and for whatever reason and to require you to delete, destroy or otherwise remove any such material.

Last updated: January 29, 2020