Additional 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 THE TERMS OF USE  (INCLUDING THESE ADDITIONAL TERMS OF USE (COLLECTIVELY, WHEN USED HEREIN, “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 ADDITIONAL TERMS OF USE ARE INCLUDED AND INCORPORATED BY REFERENCE IN THE TERMS OF USE PROVIDED WITH THE MYHUSKY APP.  A COMPLETE COPY OF THE TERMS OF USE, INCLUDING THESE ADDITIONAL TERMS OF USE, IS AVAILABLE AT http://www.myhusky.ca/myhusky-app-terms-of-use

You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.  You represent and warrant that you have all necessary right, power and authority to enter into these Terms of Use and to perform and otherwise discharge all of your obligations hereunder.

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.

User Accounts

To access many of the features of the myHUSKY APP (including, many of its related services), you will be required to have a user account.

To open a user account you must complete the registration process within the myHUSKY APP by providing complete and accurate information as requested. You are responsible for keeping your user account details current. 

You may be asked to provide a username (typically, this will initially be the email that you have chosen to associate with your account) and password. Where we offer you the ability to choose your own username(s) in connection with the myHUSKY APP (or any of its related services),  we will use reasonable efforts to assign such username(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any username that (i) has already been assigned, or (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve username(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade-name, trademark, registered trademark, service mark, or proprietary or other rights of another.  Where we reject a requested username, we may, in our sole discretion, assign an alternate username, ask you to select another username or terminate these Terms of Use. 

You may be permitted to authorize other family members living at the same address (“Authorized Representatives”) to use the myHUSKY APP as part of your user account (a “Master Account”).  The “Master Account” is the only account authorized to make any changes. Each Authorized User may use the Master Account.  To qualify to register as a Master Account, all individuals must have the same mailing address and Authorized Representatives must be enrolled by the individual who holds the Master Account. Master Accounts may be "disbanded" by the Master Account holder, (meaning that all Authorized Representative(s) cease to have access to the Master Account), and/or the Master Account holder may remove any one or more Authorized Representatives from the Master Account from time to time. You are responsible for managing your user account, including the issuance and revocation of your Authorized Representative’s authorization and account credentials.  You are responsible for the acts and omissions of your Authorized Representatives.  

You agree that you are entirely responsible for maintaining the confidentiality of your usernames and passwords and that HUSKY and its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss or liability related to any lost, stolen or otherwise misappropriated username or password. 

Neither you nor your Authorized Representatives may use the account, username, or password of anyone else at any time, unless you are authorized to do so in writing by HUSKY. 

You acknowledge and agree that you shall be responsible for each and every access, use or employment of the myHUSKY APP (and any of its related services) that occurs in conjunction with your passwords and user identifications, and that HUSKY is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed of the myHUSKY APP (or any of its related services).  

You agree to notify HUSKY immediately of any unauthorized use, theft or misappropriation of your account, usernames or passwords. HUSKY shall not be liable for any loss that you incur as a result of someone else using your usernames or passwords, either with or without your knowledge.

You may deactivate your user account at any time, for any reason, by contacting the myHUSKY APP help desk at 844-459-7858.

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.

Our systems may collect information related to your use of the myHUSKY APP, including your geographic location and exact positioning, your MAC address, the operating system of your device, the type of device you use, your device's unique ID, the IP address of your device, the type of mobile Internet browsers you use, session start and stop times, your time zone, your network status, your International Mobile Equipment Identity, information about the way you use the myHUSKY APP, and any other information tied directly or indirectly to your device. We use this information to provide the myHUSKY APP (and its related services), monitor our system performance, detect and prevent fraud (e.g., using stolen credit card, gift cards, and loyalty cards), provide targeted marketing offers to the user based on their location and the other attributes, to enable us to operate and manage our systems and services and to better understand our customers so that we can work to continually upgrade our systems and services.

You acknowledge and agree that access to and use of the myHUSKY APP (and any of its related services) requires  mobile data connectivity (WIFI, 3G, 5G, LTE, etc). Information stored in the myHUSKY APP is stored in Canada and the United States but may be accessible in other jurisdictions via the myHUSKY APP. 

Payment Information

When creating your user account for the myHUSKY APP, you will be given an opportunity to input information for one or more payment options (including your Husky Gift Cards, Debit MasterCard, and credit cards (namely, Visa, MasterCard, American Express and Discover) into the myHUSKY APP. You may select to link one or more of these stored payment options to your myHUSKY APP user account. Upon making this selection, transactions made using the myHUSKY APP at participating Husky locations will be charged to your designated payment option, as applicable. Activation of this feature on the myHUSKY APP constitutes your authorization of all purchases made from your mobile device using the myHUSKY APP. 

The myHUSKY APP will not accept all forms of payment (including, certain credit cards). In addition, Husky reserves the right to change, from time to time, the payment options which may be linked to your account through the myHUSKY APP. Husky further reserves the right to disable any payment options already linked to your account at any time and for any reason.

When paying with one of the stored payment options, additional terms will apply. Please select the appropriate link for the additional terms applicable to each payment option:

  • Husky Gift Cards
  • Debit MasterCard
  • Visa
  • MasterCard
  • American Express
  • Discover

Your use of a payment option signifies your agreement to the applicable additional terms as well as these Terms of Use. 

Because the myHUSKY APP can be used like cash for purchases at participating Husky locations, you are responsible for all transactions associated with the myHUSKY APP including unauthorized transactions. If your mobile device is lost, stolen or destroyed, please contact your credit card company  and other payment providers immediately.

myHusky Rewards

When creating your user account for the myHUSKY APP, you will be given an opportunity to input information for your myHusky Rewards account into the myHUSKY APP. Activation of this feature on the myHUSKY APP constitutes your authorization to access, interact with and use your myHusky Rewards account from your mobile device using the myHUSKY APP.

Your myHusky Rewards account is governed by the myHusky Rewards Terms & Conditions. Your use of the myHusky Rewards features within the myHUSKY APP signifies your agreement to the myHusky Rewards Terms & Conditions as well as these Terms of Use. 

Contests, Games and Promotions

From time to time, you may be offered access to various contests, games and promotions provided by Husky and/or other third parties through the myHUSKY APP.  Additional terms and conditions may apply to your participation in such contests, games and promotions.  Any such terms and conditions will be made available to you at the time you activate or enroll in such contents, games and promotions. Your participation in any contests, games or promotions provided by the myHUSKY APP constitutes your acceptance of these additional terms and conditions. 

Husky may make available (through the myHUSKY APP) links through in-app advertisements or otherwise enable you to access third-party contests, games and promotions, apps, sites, or software. Please note that, while using such contests, games and promotions, apps, sites, or software, you are using contests, games and promotions, apps, sites, or software developed and administered by third parties not affiliated with or controlled by Husky. Husky is not responsible for the actions of such third parties, the content of their contests, games and promotions, apps, sites, or software, the use of information you provide to them, or any products or services they may offer. The myHUSKY APP's link to those sites does not constitute Husky's sponsorship of, or affiliation with, such third parties. Your use of or correspondence with, or participation contests, games and promotions, apps, sites, or software of such third parties and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties.

Apple Enable-Application

In addition to the other provisions of these Terms of Use, the following terms and conditions apply to software applications made available by Husky that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple") (each, an " Apple-Enabled Application"): 

  • You and Husky acknowledge that these Terms of Use are concluded between You and Husky, and not with Apple, and that Apple is solely responsible for the Apple-Enabled Application and the content thereof.
  • You may not use the Apple-Enabled Application in any manner that violates the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the iTunes Store Terms and Conditions, a copy of which is available at http://www.apple.com/legal/internet-services/itunes/us/terms.html.
  • You acknowledge that you have had an opportunity to review the Rules set forth for Licensed Applications in the iTunes Store Terms and Conditions.
  • The license granted to you for the Apple-Enabled Application is limited to a non-transferable license to use the Apple-Enabled Application on any iPhone, iPad, or iPod touch that you own or control as permitted by the Usage Rules set forth in the iTunes Store Terms and Conditions.
  • You and Husky acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Enabled Application.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Husky's sole responsibility, to the extent such warranty or responsibility cannot be disclaimed under applicable law.
  • You and Husky acknowledge that Husky, not Apple, is responsible for addressing any claims by you or any third party relating to the Apple-Enabled Application or your possession and/or use of that the Apple-Enabled Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Husky acknowledge that, in the event of any third party claim that the Apple-Enabled Application or the end-user's possession and use of that Apple-Enabled Application infringes that third party's intellectual property rights, Husky, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You and Husky acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Application as a third party beneficiary thereof.

Electronic Communications – News, Offers and Information

We may send you, via email, text message, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to Husky generally, the myHUSKY APP or myHUSKY Rewards. You will have the option to opt-in to receiving such communications when you register to use the myHUSKY APP and to manage your preferences in respect of such communications with the myHUSKY APP. 

Acceptable Use

You are solely responsible for the content of any communications by you through the myHUSKY APP (or any of its related services). 

You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in any way use, or permit to be used, the myHUSKY APP (or any of its related services), to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate.  You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although HUSKY is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you. You acknowledge and agree that you shall be responsible and liable for all uses made by you of the myHUSKY APP (or any of its related services).   

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of HUSKY’s systems or networks or perform functions that you are not authorized to perform pursuant to these Terms of Use.  HUSKY may, without notice, temporarily suspend your, or any other parties, access to the myHUSKY APP (and any of its related services),  (including, without limitation, any specific areas or services within the myHUSKY APP) by deactivating any password(s) or links if HUSKY reasonably suspects that you, or any other parties, are obtaining unauthorized access to HUSKY’s other systems, networks or information, or are using otherwise valid user identifications or  passwords in any other unauthorized manner. These suspensions will be for such periods of time as HUSKY may reasonably determine is necessary to permit the thorough investigation of such suspended activity. 

In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the myHUSKY APP, except as expressly permitted by HUSKY; (iii) link to, mirror or frame any portion of the myHUSKY APP; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the myHUSKY APP, or unduly burdening or hindering the operation and/or functionality of any aspect of the myHUSKY APP.

HUSKY does not condone or allow spam. You agree that you will not use the myHUSKY APP (or any of its related services) to send unsolicited commercial or other e-mail.  

HUSKY Materials

HUSKY may make certain materials (including files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "HUSKY Materials") available to you from the myHUSKY APP (or any of its related services).  If you download or use HUSKY Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without HUSKY's prior written permission, and (iii) shall be only be used in compliance with these Terms of Use and any additional license terms accompanying such materials. HUSKY does not transfer either the title or the intellectual property rights to the HUSKY Materials, and retains full and complete title to the HUSKY Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the HUSKY Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any HUSKY Materials into a human-perceivable form. HUSKY or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner. 

The myHUSKY APP, (including its organization and presentation and HUSKY Materials) is the property of HUSKY and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trade-marks, trade-names, internet domain names and other similar rights. 

These Terms of Use do not grant you any rights to use HUSKY's proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the myHUSKY APP.  You may not copy, alter, modify, publish, broadcast, transmit, perform, distribute, display, use, create derivative works of, or sell the myHUSKY APP.

User Materials

When you load or create materials (including files, text, video, audio and images contained in or generated by such materials and accompanying data) on the myHUSKY APP ("User Materials") you are granting HUSKY, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use your User Materials in connection with the operation of the myHUSKY APP (or any of its related services) and the HUSKY businesses. By loading or creating User Materials on the myHUSKY APP, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to load or create such User Materials and that such User Materials do not violate any all applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.

You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same.  HUSKY shall not be responsible or liable for the deletion or accuracy of any User Materials. 

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose materials or information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the myHUSKY APP (or any of its related services) and agree to obtain and maintain all such consents or permissions throughout the term of these Terms of Use.

Currency of Information available in the myHUSKY APP

HUSKY may make information, HUSKY Materials or related resources available to you through the myHUSKY APP.  HUSKY may update such information, HUSKY Materials and related resources periodically. Technical difficulties or transmission problems could produce inaccurate or incomplete copies of information contained on the myHUSKY APP. Accordingly, HUSKY cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information, HUSKY Materials or related resources on the myHUSKY APP. HUSKY may revise, supplement or delete information, HUSKY Materials and/or the resources contained in the myHUSKY APP and reserves the right to make such changes without prior notification to past, current or prospective users.  

Malware 

Malware, viruses or other destructive programs may be inadvertently downloaded from the myHUSKY APP. HUSKY shall not be responsible or liable for any software, malware, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your device or other property on account of your access to or use of the myHUSKY APP or any of the HUSKY Materials or User Materials (collectively, "Materials"). HUSKY recommends that you install appropriate security, anti-virus or other protective software.

HUSKY is not liable for your information stored or recorded by any device or any network, whether public or private, that you may use to access the myHUSKY APP.

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 acknowledge and agree that access to the myHUSKY APP (or any of its related services) may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that HUSKY shall not, in any event, be responsible to you in any way should you be unable to access the myHUSKY APP (or any of its related services) at any time or from time to time.

HUSKY may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the myHUSKY APP (or any of its related services) and/or terminate these Terms of Use or any of the licenses granted hereunder.  Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof.  Upon termination of these Terms of Use, you shall immediately cease and desist all use of the myHUSKY APP (and any of its related services).

You may deactivate your user account at any time, for any reason, by contacting HUSKY’s help desk at 844-459-7858.

Indemnification

You agree to indemnify and hold HUSKY harmless against all claims or liability asserted against HUSKY arising out of or in connection with any breach by you, your Authorized Representatives or anyone acting on your behalf of any of these Terms of Use.

Email 

Feel free to email your comments, suggestions and feedback (collectively, “Feedback”) to HUSKY at the e-mail addresses provided in the myHUSKY APP. However, the Internet is not a fully secure medium and any Feedback may be lost, intercepted or altered. You agree with respect to any Feedback provided by you to us via e-mail that: (i) HUSKY has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) HUSKY may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others. 

Access Related to Alleged Violations

To protect the myHUSKY APP (and any of its related services), you agree that HUSKY or its representatives may access your user account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the myHUSKY APP (and any of its related services), and you agree to give HUSKY full access to your user account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such account and related information and records. 

HUSKY does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but HUSKY reserves the right to terminate your user account or your access to the myHUSKY APP (and any of its related services) immediately, with or without notice to you, and without liability to you, if HUSKY believes that you have violated any of these Terms of Use, furnished HUSKY with false or misleading information, or interfered with use of the myHUSKY APP (or any of its related services) by others.

Disputes

You agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily. 

WHERE PERMITTED UNDER THE APPLICABLE LAW, WE EACH AGREE THAT EACH OF US WILL BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.  WHERE PERMITTED UNDER THE APPLICABLE LAW, UNLESS BOTH OF US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

General

HUSKY’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

You shall not assign these Terms of Use or any of your rights hereunder without the prior written consent of HUSKY.

Your obligations under these Terms of Use will survive the termination of these Terms of Use, or of any license granted under these Terms of Use, for whatever reason.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.