Terms of Use

1.1  By accessing, browsing, or otherwise using the Site, or by clicking an “I Agree,” “OK”, “Accept,” or similar button presented to you, you agree to be legally bound by these Terms, our Privacy Policy, and any additional terms, guidelines, or rules applicable to specific features or services offered through the Site, all of which are incorporated herein by reference.

1.2   If you do not agree to these Terms in their entirety, you must immediately cease all use of the Site and should not access any content, features, or services available through the Site.

1.3   mypump.ca reserves the right to amend, revise, or update these Terms at any time at its sole discretion. Any changes will be effective immediately upon posting of the revised Terms to the Site. The revised Terms will be identified by an updated effective date. Your continued use of the Site following the posting of any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates.

1.4   Where you create a talent profile, submit a talent intake request on the Site or engage in a transaction, you will be required to affirmatively indicate your agreement to these Terms through a clickwrap mechanism (e.g., checking a box or clicking a confirmation button). Such affirmative acceptance constitutes a legally binding electronic agreement under applicable Canadian law, including the Electronic Transactions Act, SA 2001, c E-5.5 (Alberta).

2.1   mypump.ca is an online platform operated in the Province of Alberta, Canada, that provides users with access to product and service information and related resources in connection with mypump.ca services (collectively, the “Services”). The Site enables users to, among other things, obtain service information, submit inquiries, and access downloadable resources.

2.2   mypump.ca operates solely as a platform for the provision of the Services described herein. We reserve the right, in our sole discretion and without prior notice to you, to modify, expand, reduce, suspend, or discontinue any aspect of the Site or the Services at any time, temporarily or permanently, without liability to you or any third party.

2.3   mypump.ca makes no representation or warranty that any particular feature, content or service will remain available on the Site at any time. We shall not be liable for any loss or inconvenience resulting from modifications to or discontinuation of the Site or any portion thereof.

3.1   The Site is intended for use by individuals who are at least eighteen (18) years of age. By using the Site, you represent and warrant that you are at least 18 years of age. Individuals under the age of 18 are not permitted to use the Site under any circumstances.

3.2   To access certain features of the Site, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information, and to promptly update such information as necessary to keep it accurate, current, and complete.

3.3   mypump.ca reserves the right, in its sole discretion and without prior notice, to suspend, disable, or permanently terminate any user account and to refuse future access to the Site for any reason, including but not limited to, violation of these Terms, fraudulent activity, conduct that we believe is harmful to other users, third parties, or the business interests of mypump.ca, or as required by applicable law.

4.1   Subject to your compliance with these Terms, mypump.ca grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site solely for lawful purposes and in accordance with these Terms.

4.2   Permitted activities on the Site include the following:

4.3   All use of the Site must comply with all applicable federal, provincial, and municipal laws and regulations, including those of the Province of Alberta and the Government of Canada.

5.1   You agree that you will not, directly or indirectly, engage in any of the following prohibited activities in connection with your use of the Site:

5.2   Unauthorized Access.   Attempting to gain unauthorized access to any portion of the Site, any server, system, or network connected to the Site, or any account, data, or information not belonging to you, including through hacking, password mining, or any other means.

5.3   Malicious Code.   Uploading, transmitting, distributing, or otherwise introducing any virus, Trojan horse, worm, spyware, malware, or any other harmful, destructive, or disruptive code or program that may damage, interfere with, intercept, or expropriate any system, data, or personal information.

5.4   Scraping and Data Mining.   Using any automated means, including bots, scrapers, crawlers, spiders, or similar technology, to access, collect, harvest, copy, or monitor any content on the Site, or to extract data from the Site, without our express prior written consent.

5.5   Unauthorized Reproduction of Content.   Reproducing, distributing, modifying, displaying, performing, publishing, creating derivative works of, or otherwise exploiting any content on the Site without the express prior written authorization of mypump.ca or the applicable rights holder.

5.6   Fraudulent or Deceptive Conduct.   Engaging in any fraudulent, deceptive, misleading, or manipulative conduct, including misrepresenting your identity, submitting false information, or engaging in any activity intended to deceive mypump.ca, other users, or third parties.

5.7   Violation of Laws.   Using the Site in any manner that violates any applicable federal, provincial, territorial, or municipal law, regulation, order, or rule, including but not limited to laws relating to privacy, intellectual property, consumer protection, anti-spam, and anti-competition.

5.8   Interference with Other Users.   Engaging in any conduct that restricts, inhibits, or interferes with any other user’s ability to use or enjoy the Site, or that may expose mypump.ca or any other user to liability or harm.

5.9   Spam and Unsolicited Communications.   Using the Site or any communication tools made available through the Site to send unsolicited commercial electronic messages or spam in violation of Canada’s Anti-Spam Legislation, SC 2010, c 23 (CASL), or any other applicable law.

5.10   Impersonation.   Impersonating any person or entity, including any employee, officer, or representative of mypump.ca, or falsely claiming an affiliation with any person or organization.

5.11   Disruption of Site Operations.   Taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or that disrupts the normal operation, functionality, or integrity of the Site or its servers and networks.

6.1   All content on the Site, including but not limited to text, articles, product descriptions, images, photographs, graphics, logos, icons, button icons, audio clips, digital downloads, data compilations, software, and the compilation and arrangement thereof (collectively, the “Site Content”), is the property of mypump.ca or its content suppliers and is protected under the Copyright Act, RSC 1985, c C-42, the Trade-marks Act, RSC 1985, c T-13, and other applicable Canadian and international intellectual property laws.

6.2   All trademarks, service marks, trade names, trade dress, and logos appearing on the Site are proprietary to mypump.ca or their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, service mark, or logo displayed on the Site without the prior written consent of mypump.ca or the applicable rights holder.

6.3   Subject to your compliance with these Terms, mypump.ca grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the Site Content solely for your personal, non-commercial use in connection with your use of the Site. This licence does not include any right to:

6.4   Any unauthorized use of Site Content may violate applicable copyright, trademark, privacy, and other laws, and may result in civil or criminal penalties. mypump.ca reserves all rights not expressly granted in these Terms.

7.1   The Site may permit users to submit, post, upload, or otherwise make available certain content, including product reviews, comments, feedback, inquiries, suggestions, photographs, and other materials (“User Submissions”). By making any User Submission, you grant mypump.ca a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, publish, adapt, translate, and create derivative works from your User Submissions in connection with the operation and promotion of the Site and Services, in any media or format now known or hereafter developed.

7.2   By making any User Submission, you represent, warrant, and covenant that: (a) you own or have all necessary rights, licences, consents, and permissions to submit such content and to grant the rights described in Section 7.1; (b) the User Submission does not infringe or violate the intellectual property rights, privacy rights, or any other rights of any third party; (c) the User Submission is accurate and not misleading; and (d) the User Submission complies with these Terms and all applicable laws.

7.3   mypump.ca reserves the right, but not the obligation, to review, edit, refuse to post, or remove any User Submission at any time and for any reason, in its sole discretion, without notice and without liability to you. mypump.ca is not responsible for reviewing all User Submissions and makes no representations or warranties regarding the accuracy, completeness, or reliability of any User Submission.

7.4   You are solely responsible for your User Submissions and the consequences of posting or publishing them. mypump.ca assumes no liability for User Submissions and expressly disclaims any responsibility for the content, accuracy, or legality thereof.

7.5   You agree that you will not submit any User Submission that is unlawful, defamatory, obscene, pornographic, harassing, threatening, abusive, hateful, or otherwise objectionable, or that contains any personal information of a third party without that party’s consent.

8.1   The collection, use, disclosure, and protection of personal information in connection with the Site is governed by mypump.ca’s Privacy Policy, which is available at www.mypump.ca and is incorporated into these Terms by reference. By using the Site, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

8.2   mypump.ca is committed to protecting personal information in accordance with Alberta’s Personal Information Protection Act, SA 2003, c P-6.5 (“PIPA”), and, where applicable, the federal Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (“PIPEDA”). To the extent that PIPA and PIPEDA overlap or conflict in their application, mypump.ca will apply the standard most protective of users’ personal information.

8.3   Personal information is collected only for purposes that are identified to you at or before the time of collection and that a reasonable person would consider appropriate in the circumstances. mypump.ca will obtain your consent, whether express or implied, as required by applicable law, prior to or at the time of collecting your personal information.

8.4   Personal information will not be disclosed to third parties except: (a) as described in the Privacy Policy; (b) with your consent; (c) as required or permitted by law; or (d) as necessary to provide the Services. mypump.ca may disclose personal information to service providers who assist in the operation of the Site, subject to appropriate contractual safeguards.

8.5   You have the right to request access to the personal information that mypump.ca holds about you and to request the correction of any inaccurate or incomplete personal information, in accordance with PIPA and PIPEDA. Requests should be submitted as described in our Privacy Policy or by contacting us using the information in Section 19.

8.6   You have the right to withdraw your consent to the collection, use, or disclosure of your personal information at any time, subject to legal, contractual, or other restrictions, and upon reasonable notice. Withdrawal of consent may affect our ability to provide certain Services to you. mypump.ca will inform you of the implications of withdrawing consent upon request.

9.1   THE SITE AND ALL SITE CONTENT, PRODUCTS, SERVICES, AND INFORMATION MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE PROVINCE OF ALBERTA AND CANADA.

9.2   mypump.ca expressly disclaims all warranties, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement; (b) any warranty arising from course of dealing, course of performance, or usage of trade; and (c) any warranty that the Site or its content is accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.

9.3   mypump.ca does not warrant or represent that: (a) the Site will be available at all times or will operate without interruption or delay; (b) any errors or defects in the Site will be corrected; (c) the Site is free from viruses, malicious code, or other harmful components; or (d) any information obtained from or through the Site will be accurate, reliable, or meet your specific requirements.

9.4   Product and service information on the Site is provided for general informational purposes only and is subject to change without notice. mypump.ca makes no warranties with respect to the suitability, performance, or characteristics of any product or service described on the Site.

10.1   TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE PROVINCE OF ALBERTA AND THE APPLICABLE LAWS OF CANADA, MYPUMP.CA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, AND SUCCESSORS (COLLECTIVELY, THE “MYPUMP.CA PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES.

10.2   Without limiting the generality of Section 10.1, the mypump.ca Parties shall not be liable for any: (a) loss of profits, revenue, or anticipated savings; (b) loss of business, contracts, or commercial opportunities; (c) loss, corruption, or unauthorized access to data or information; (d) business interruption or loss of goodwill; (e) cost of substitute goods or services; or (f) any other loss or damage of any kind, whether based in contract, tort (including negligence), strict liability, or otherwise, even if mypump.ca has been advised of the possibility of such damages.

10.3   To the fullest extent permitted by applicable law, the total aggregate liability of the mypump.ca Parties to you for all claims arising from or relating to these Terms, the Site, or the Services shall not exceed the greater of: (a) the total amount paid by you to mypump.ca in the twelve (12) calendar months immediately preceding the event giving rise to the claim; or (b) one hundred Canadian dollars ($100.00 CAD).

10.4   You acknowledge that the limitations of liability set forth in this Section 10 are a fundamental element of the basis of the bargain between you and mypump.ca, and that mypump.ca would not have agreed to provide access to the Site without such limitations. Some jurisdictions, including certain provinces of Canada, do not allow the exclusion or limitation of certain types of liability. The limitations and exclusions set out in this Section apply to the fullest extent permitted by the applicable laws of the Province of Alberta and Canada, and nothing herein shall be construed to exclude or limit liability that cannot be lawfully excluded or limited.

11.1   You agree to defend, indemnify, and hold harmless mypump.ca and each of its affiliates, directors, officers, employees, agents, contractors, licensors, and successors (the “Indemnified Parties”) from and against any and all claims, actions, proceedings, demands, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable legal fees and disbursements on a solicitor-and-own-client basis) arising out of or relating to:

11.2   mypump.ca reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with mypump.ca in asserting any available defences. You shall not settle any claim without the prior written consent of mypump.ca.

12.1   The Site may contain hyperlinks to websites, content, products, or services provided by third parties (“Third-Party Sites”). These links are provided for your convenience only and do not constitute an endorsement, recommendation, approval, or affiliation by mypump.ca with respect to any Third-Party Site or its operators, content, products, or services.

12.2   mypump.ca has no control over and assumes no responsibility for the content, accuracy, privacy practices, security, or availability of any Third-Party Sites. mypump.ca makes no representation or warranty of any kind regarding any Third-Party Site or its content.

12.3   Your access to and use of any Third-Party Site is entirely at your own risk and is subject to the terms of use, privacy policy, and other applicable terms of that Third-Party Site. We strongly encourage you to review the applicable terms and privacy policies of any Third-Party Site you visit.

12.4   mypump.ca shall not be liable for any damages, losses, or harm of any kind arising from or related to your use of or reliance on any Third-Party Site or any content, products, or services available through a Third-Party Site.

13.1   mypump.ca reserves the right, in its sole and absolute discretion, to modify, alter, update, suspend, or permanently discontinue the Site or any part thereof, any feature, any content, or any service available through the Site, at any time and without prior notice or liability to you or any third party.

13.2   mypump.ca may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately upon posting to the Site. The date of the most recent revision will be indicated at the top of this document as the effective date. It is your responsibility to check these Terms regularly. Your continued use of the Site following the posting of revised Terms means you accept and agree to the changes.

13.3   mypump.ca encourages all users to review these Terms periodically to stay informed about their rights and obligations when using the Site. If you do not agree to any amended Terms, your sole remedy is to discontinue your use of the Site.

14.1   mypump.ca may, in its sole discretion and without prior notice or liability, immediately terminate or suspend your account and your access to all or any part of the Site: (a) if you breach or violate any provision of these Terms; (b) if we are required to do so by applicable law; (c) if your use of the Site poses a security risk, legal risk, or reputational risk to mypump.ca or any third party; or (d) for any other reason at mypump.ca’s sole discretion.

14.2   Upon termination or suspension of your access to the Site, you must immediately cease all use of the Site and all Site Content. Any rights or licences granted to you under these Terms shall immediately terminate upon the effective date of termination or suspension.

14.3   Notwithstanding termination of your access, the following provisions of these Terms shall survive and continue in full force and effect: Section 6 (Intellectual Property), Section 7 (User Submissions and Content), Section 8 (Privacy and Personal Information), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 15 (Governing Law and Jurisdiction), Section 17 (Severability and Waiver), and Section 18 (Entire Agreement), as well as any other provisions which by their nature are intended to survive termination.

15.1   These Terms, and all matters relating to your access to or use of the Site, shall be governed by, and construed and enforced in accordance with, the laws of the Province of Alberta and the applicable federal laws of Canada, without regard to any conflict of law principles that would require or permit the application of the laws of any other jurisdiction.

15.2   You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of competent jurisdiction sitting in the Province of Alberta, Canada, for the resolution of any dispute, claim, or controversy arising out of or in connection with these Terms or your use of the Site, and you waive any objection to the exercise of jurisdiction by such courts on the grounds of venue, inconvenient forum, or otherwise.

15.3   These Terms shall be interpreted and applied in a manner consistent with applicable Alberta statutes, including but not limited to the Judicature Act, RSA 2000, c J-2, and the applicable Alberta Rules of Court, Alta Reg 124/2010, as amended from time to time. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

16.1   Prior to commencing any formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute, claim, controversy, or disagreement arising out of or in connection with these Terms or the Site (“Dispute”) through informal negotiation. Either party may initiate the informal dispute resolution process by providing written notice to the other party and describing the nature and details of the Dispute and the relief sought.

16.2   The parties shall have a period of thirty (30) calendar days from the date of the written notice of a Dispute (the “Negotiation Period”) to attempt to resolve the Dispute through good-faith negotiations. Either party may extend the Negotiation Period by mutual written agreement.

16.3   If the Dispute is not resolved through informal negotiation within the Negotiation Period, either party may then pursue the Dispute before the courts of competent jurisdiction in the Province of Alberta, in accordance with Section 15 of these Terms. Nothing in this Section 16 shall limit either party’s right to seek urgent or interim injunctive or equitable relief from a court of competent jurisdiction at any time.

17.1   Severability.   If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be severed from these Terms to the minimum extent necessary. The remaining provisions of these Terms shall continue in full force and effect and shall be construed to give maximum effect to the original intent of the parties.

17.2   No Waiver.   No failure or delay by mypump.ca in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege by mypump.ca shall preclude any further or other exercise of that or any other right, power, or privilege. A waiver of any right or provision under these Terms shall be effective only if made in writing and signed by an authorized representative of mypump.ca.

18.1   These Terms, together with the mypump.ca Privacy Policy and any other agreements, policies, terms, or guidelines expressly incorporated herein by reference, constitute the entire agreement between you and mypump.ca with respect to your access to and use of the Site, and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and communications, whether oral or written, between you and mypump.ca regarding the same subject matter.

18.2   In the event of any conflict or inconsistency between these Terms and any other agreement between you and mypump.ca, these Terms shall govern with respect to your use of the Site, unless such other agreement expressly provides otherwise.

18.3   No amendment or modification to these Terms shall be valid or binding unless made in accordance with Section 13 of these Terms, or unless separately agreed to in writing and signed by an authorized representative of mypump.ca.

19.1   If you have any questions, concerns, or inquiries regarding these Terms of Use, your rights or obligations under these Terms, or any aspect of your use of the Site, please do not hesitate to contact mypump.ca using the following information:

19.2   For inquiries specifically relating to the collection, use, or disclosure of personal information, or to exercise your rights under PIPA or PIPEDA, please direct your request to the Privacy Officer of mypump.ca at the contact information listed above, clearly indicating the nature of your request.