Legal notice

Use of this Website

This Website is owned and operated by Énergir (hereinafter the “ Site Owner” ) for your personal non-commercial use and information. By using this Website you accept the following terms and all applicable laws. By accessing and navigating it, you unconditionally accept these terms.

Copyrighted Material

Material on this Website may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed or modified, in whole or in part, whether in text, graphical, audio, video or executable form, without the written permission of the Site Owner. If you require further information on a permitted use or you wish to obtain a licence to use the material contained in this Website, please address your inquiry to [email protected].

Trademarks

Trademarks and logos (including certain names, words, titles, designs, illustrations and icons) (hereinafter the “Marks” ) displayed on this Website are Marks of the Site Owner or Marks for which the Site Owner has obtained authorization to use and may not be used without the written permission of the owners of such Marks. If you require further information on a permitted use, or if you want to obtain a licence to use the Marks contained in this Website, please address your inquiry to [email protected].

Site Data

Facts and data provided by the Site Owner are believed to be reliable at the time they are posted and are for information purposes only. Site Owner gives no guarantee that they are accurate or complete or that they will be current at all times.

Exclusion of Warranties

Site Owner makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use or that its use will be uninterrupted or error-free. Such exclusions are in addition to any specific exclusions otherwise provided in these terms and conditions. To the extent that the jurisdiction to which you are subject does not allow exclusions of certain warranties, such exclusions which are not permitted do not apply.

Limitation of Liability

SITE OWNER WILL NOT BE LIABILE FOR ANY DAMAGES, DIRECT OR INDIRECT, ARISING FROM THE USE OF MATERIAL OR INFORMATION CONTAINED IN THIS SITE.

Ownership and Confidentiality

You acknowledge that information or material which you provide electronically through your access to or usage of this Website are neither confidential nor exclusive, except as may be required under applicable law, and acknowledge that unprotected email communication over the Internet is subject to possible interception, alteration or loss. You also warrant that any information or materials which you provide to Site Owner electronically through your access to or usage of this Website does not infringe the rights of any person or entity, and acknowledge that such information and material may be used in whole or in part in any manner by Site Owner including, but not limited to, reproduction, retransmission, publication of such information or material or ideas, concepts or other know-how contained therein.

Monitoring

Site Owner may monitor access to, discussions and materials posted thereon, and other activities relating to the Site, and take appropriate action with respect thereto but does not make any representation or warranty that it will do so. You consent to any such monitoring and action the Site Owner may deem appropriate to take.

Links

Links and references to other websites are provided to you as a convenience only. Site Owner has not reviewed and does not expressly or implicitly endorse other websites or any information or material or the accessibility thereof via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this Website except if expressly permitted by Site Owner. To obtain permission, contact [email protected].

Viruses, etc

Site Owner does not represent or warrant that the information or materials, including without limitation any downloadable software, accessed from or through this Website will be uninterrupted, or free of any error, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

Damages to Others

You agree not to introduce into or through this Website any information or materials that may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, in this Website any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Reserve of Rights

All rights not expressly granted in these terms are reserved to the Site Owner. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right under a copyright, patent, trademark or other intellectual property right of Site Owner or any other person or entity.

Cautionary note regarding forward-looking statements

This Web Site may include forward-looking statements, in particular statements that describe measures, activities, events, results or developments that Énergir expects or anticipates will or may occur in the future as well as other statements that are not historical facts. Such forward-looking statements reflect the intentions, plans, expectations and opinions of the management of Énergir inc., Énergir’s General Partner, regarding Énergir’s future growth, operating results, performance, and business prospects and opportunities. Forward-looking statements are often identified by words and expressions such as "plans," "expects," "does not expect," "is expected," "budgeted," "scheduled," "estimated," "forecasts," "intends," "anticipates," "does not anticipate," "believes," or variations of such words and expressions. They are also identified by statements to the effect that certain actions, events or results "may," "could," "would," "might," or "will" be taken, occur, or be achieved and by similar expressions as they relate to Énergir. The forward-looking statements in this Web Site include statements on the general development of the business, growth or profitability outlooks. Such forward-looking statements reflect management’s current opinions and are based on information currently available to management.

Forward-looking statements involve known and unknown risks and uncertainties and other factors outside management’s control. A number of factors could cause actual results of Énergir to differ significantly from current expectations as described in the forward-looking statements, including regulatory risk, risks related to economic conditions, operational risks, market risks, liquidity and financing risks, investment risks and credit risk. Without limited to the general nature of the aforementioned, and for more information, reference is made to the section entitled Risk Factors in Énergir’s 2009 Management’s Discussion and Analysis. Management assumes no obligation to update or revise them to reflect new events or circumstances, except as required pursuant to applicable securities laws. Readers are cautioned not to place undue reliance on these forward looking statements. (Up to date as of 2010-01-12)

Governing Law

This Site is monitored and operated by Site Owner in Montreal , Quebec , Canada and these terms and conditions are governed by the laws of the Province of Quebec and the applicable laws of Canada , without reference to the principles of conflicts of law. You agree to be bound by these laws and to refer to the courts of the Province of Quebec with respect to the interpretation or application of these terms and conditions.

Changes to Terms

Site Owner may modify, alter or otherwise update the terms applicable to this Website from time to time without notice, and you agree to be bound by such terms as are in effect at the time at which you access the Site Owner Website.

Jurisdiction

This Website is operated and monitored by the Site Owner in Montreal , Quebec , Canada . Site Owner makes no representation as to the relevance or the availability of the materials posted on the Website for use in other locations. Any person who accesses the Website from other locations does so of his/her own initiative and shall comply with any applicable local laws.

Protection of personal information

In this notice, the expression “personal information” means all information on an identified individual, as defined more fully in the legislation applicable to Énergir Limited Partnership ("Énergir").

1. Collection and use of personal information

Énergir collects and uses various types of personal information on customers and others ("persons concerned").

Types of personal information collected

Énergir may collect and keep personal information such as, for example, family name, first name, contact information (postal and e-mail addresses, telephone number), date of birth, information relating to payments made.Énergir only collects the personal information needed for the purposes described in the following paragraph.

Collection of personal information

Énergir collects personal information for various purposes. It may collect personal information: (i) to sell goods or render services required, in particular, the sale and distribution of natural gas; (ii) to transmit information requested by the person concerned; (iii) at the request of the person concerned, to add his name to a mailing list (including modifying the parameters of his subscription and deleting his name from the mailing list); (iv) when it is holding a contest; (v) to respect the law.

Énergir may also collect personal information in order to know the profile of the persons concerned better so that the information they receive is pertinent, or with the objective of personalizing its current Internet site to better respond to the needs of the persons concerned.

The quantity and type of personal information collected is limited to what is needed for the purposes for which it is collected and it is collected from the person concerned. However, the information may be collected from third parties when the law so permits.

Use of personal information collected

Énergir uses the personal information it collects according to what is needed, among other things, to sell goods or render services required by the person concerned, to transmit information requested by the personal concerned, to send mailings (information bulletins, commercial offers), to enable holding contests and awarding prize(s) to the winners, and to respect its legal and regulatory obligations, if applicable.

Énergir may use this personal information for other purposes, which purposes are communicated at the time of their collection.

2. Communication of personal information

With the exception of the persons described below, Énergir does not divulge, communicate or sell personal information for purposes other than those outlined in this notice, except if the person concerned so consents, or if the law so permits.

The personal information (electronic or other) collected by Énergir is divulged to no one except Énergir representatives, its service providers or its agents who need this information for the performance of their duties or the carrying out of their contracts or mandates. These services may, for example, be hosting or data management services, market analyses, etc.

This means that Énergir, or a third-party service supplier, may keep and process your personal information on servers or computers located outside Canada. Also, even though your personal information is kept in Canada, Énergir representatives or service providers may have access to, or process your personal information, from locations outside Canada. Some of those locations outside Canada may be subject to laws and standards regarding personal information that differ from those in effect in Québec. For example, under certain circumstances, your personal information may be the subject of a communication to government bodies regarding the application of a law; such bodies would not otherwise have access to your personal information were it kept in Canada or not accessible from a location outside Canada.

Énergir may also divulge, communicate or sell personal information to the extent provided for or required by law, including pursuant to court orders, or when it is necessary to build a case or take legal action or defend its position.

3. Cookies and IP addresses

Even though the person concerned may visit its current Internet site ("Site") without telling Énergir who he is and without revealing the information that concerns him, by accessing the Site, an exchange of information is automatically carried out between the person concerned's computer and Énergir's server. This exchange of information does not allow Énergir to identify the person concerned, his name, or his e-mail address. However, this exchange may, in particular, allow Énergir to obtain the name of the Internet domain that the person concerned has used to access the Site, the IP address of the person concerned, the type of browser and the operating system employed by the person concerned to access the Site, the date and hour when the person concerned accessed the Site, the pages visited by the person concerned, and, if the person concerned has accessed the Site from another site, the address of that site (referent site).

Through the use of cookies, the Site's operating system can automatically collect information about the visit to the Site by the person concerned. Cookies are small information elements stored by the Internet browser on the hard drive of the computer of the person concerned, which allows Énergir to recognize the person concerned when he accesses its Site. When the person concerned navigates on the Internet, a cookie is used for the purposes described above. If the person concerned does not want Énergir to collect information about his visit, then he may, at his sole discretion, configure his browser to alert him when he receives a cookie or to prevent such cookies from being sent.

This information is used by Énergir for advertising purposes, as well as to measure the number of visits by visitors to the Site, the different pages viewed, the average time visitors spend on the Site, and to establish other statistics about visitors to the Site in general. This information also allows Énergir to verify the Site's effectiveness for purposes of system administration, to make the Site easier and more user-friendly, and to transmit certain information, processed globally, to Énergir representatives who need this information to carry out their duties.

Énergir collects no other personal information on the person concerned who visits the Site unless the person concerned, at his sole discretion, decides to provide it voluntarily.

4. Security

Énergir has put in place measures to ensure that the personal information it keeps is protected against, in particular, theft, loss, access, and non-authorized use and communication, by means of reasonable technical, administrative and physical security measures, given, in particular, the sensitivity of the information, the purposes for which it is used, its quantity, distribution and the medium on which it is stored. The level of protection provided thus varies, depending on the type of personal information kept.

Thus, when it considers it appropriate, Énergir uses, among other things, encryption or authentication tools, or both, as well as other methods in order to protect personal information obtained from the Internet and saved on its servers.

Also, online access to some of his personal information by the person concerned may be protected by a username or a password of his choice. Énergir strongly advises persons concerned not to give their username or password to anyone else. Énergir never requests the password of a person concerned in an unsolicited message. Lastly, the person concerned acknowledges and accepts that e-mails that a visitor sends to Énergir are not necessarily inviolable before arriving onÉnergir's servers.

5. Option of deleting or modifying personal information

The person concerned may access the personal information he has provided Énergir and may advise Énergir to update it, or request the modification or suppression of certain information Énergir has collected, by sending an e-mail to [email protected], or by replying to the messages sent to him because he is on Énergir's mailing list.

Similarly, the person concerned may request that his name be deleted fromÉnergir's mailing list.

6. Questions regarding the protection of personal information

If you have any questions about the protection of your personal information, please contact the Privacy Officer.

By email: [email protected]
By mail:
Privacy Officer
Énergir
1717 Du Havre Street
Montréal QC H2K 2X3