Terms of Use - myHusky App

THE myHUSKY MOBILE APPLICATION (“myHUSKY APP”) IS OWNED AND OPERATED BY HUSKY OIL OPERATIONS LIMITED (“HUSKY”).

ACCESS AND USE OF THE MYHUSKY APP (AND ITS RELATED SERVICES) IS PROVIDED BY HUSKY TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THE MYHUSKY APP (OR ANY OF ITS RELATED SERVICES), YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE MYHUSKY APP (OR ANY OF ITS RELATED SERVICES).

THESE TERMS OF USE INCLUDE AND INCORPORATE BY REFERENCE THE ADDITIONAL TERMS OF USE. A COMPLETE COPY OF THESE TERMS OF USE, INCLUDING THE ADDITIONAL TERMS OF USE, IS AVAILABLE AT http://www.myhusky.ca/myhusky-app-additional-terms-of-use. FOR CERTAINTY, ANY REFERENCE TO TERMS OF USE HEREIN MEANS AND INCLUDES THESE TERMS OF USE TOGETHER WITH THE ADDITIONAL TERMS OF USE.

HUSKY may modify these Terms of Use from time to time and such modification shall be effective upon posting notice of such changes upon your activation of the myHUSKY APP. You agree to be bound to any changes to these Terms of Use when you use the myHUSKY APP (or any of its related services) after any such notice is posted. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes.

You may not interfere with the security of, or otherwise abuse the myHUSKY APP or any apps, websites, system resources, services or networks connected to or accessible through the myHUSKY APP. You may only use the myHUSKY APP (or any of its related services) for lawful purposes.

Permission to use the myHUSKY APP

Husky hereby grants to you a limited, revocable, non-sub-licensable, personal, non-commercial and non-exclusive license to use the myHUSKY APP and HUSKY Materials in connection with the authorized use of the myHUSKY APP as provided in these Terms of Use. This license entitles you to install the myHUSKY APP on your personal mobile device and to use the myHUSKY APP as provided in these Terms of Use, provided that you may not make the myHUSKY APP available over a network where it could be used on multiple devices at the same time. 

Privacy 

HUSKY is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use the myHUSKY APP (or any of its related services).  Please see our Privacy Policy for further details.

Provided “As Is” 

THE MYHUSKY APP, ITS RELATED SERVICES 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. HUSKY DOES NOT REPRESENT OR WARRANT THAT THE MYHUSKY APP, ITS RELATED SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. 

Limitation of liability 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE MYHUSKY APP, ITS RELATED SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL HUSKY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE MYHUSKY APP, ITS RELATED SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, HUSKY’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE MYHUSKY APP, ITS RELATED SERVICES OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR HUSKY TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY HUSKY, HUSKY WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination

HUSKY may, from time to time, but is in no way obligated to, permit you to access and use the myHUSKY APP (or any of its related services) in accordance with these Terms of Use and in the manner more particularly set out herein.  You may deactivate your user account at any time, for any reason, by contacting HUSKY’s help desk at 844-459-7858.

Applicable law

The myHUSKY APP is controlled, operated and administered by HUSKY from within the Province of Alberta, Canada.  The myHUSKY APP 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 the myHUSKY APP, you acknowledge and agree that all matters relating to access to or use of the myHUSKY APP 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).