1.1 These terms and conditions ("Terms") govern the use of the Antigua Public Utilities Authority (APUA) online customer service portal or any part of it ("The portal").
1.2 Registering to use the portal automatically indicates your acceptance of the terms and conditions.
1.3 APUA reserves the right to amend the terms and conditions at any time and users are encouraged to review these terms and conditions periodically in order to be aware of any changes. By continuing to use the portal, you automatically agree to be bound by the current terms and conditions.
Any reference to product(s) includes service(s).
2.1 Kindly note that the portal may contain links to other APUA sites or to third party sites, which may be subject to separate terms and conditions.
2.2 Any links to third party websites from the portal should not be construed as an endorsement of that site by APUA and any use of that site by you is at your own risk.
3.1 Some pages are only available after registration while other pages are available prior to registration.
3.2 During the registration process, you will be required to provide personal details such as name, address, e-mail address, and telephone number in addition to your account details.
3.3 Only registered users who are customers of APUA are authorized to access and use the portal.
3.4 Once you are approved as a registered user of the portal, you will be permitted to access, view and download information relevant to your account(s).
3.5 You are responsible to ensure the proper use and security of any passwords.
3.6 APUA will not be held responsible for any unauthorized access to your account information by any third party to whom you might have given your user name and password.
3.7 APUA takes reasonable precautions to ensure that its websites are protected against unauthorized or unlawful access.
3.8 APUA strongly recommends that users implement their internet mitigation risks such as firewall, antivirus, malware, and anti-phishing software on the devices used to access the site.
3.9 APUA reserves the right to delete any registration (and any associated information or data) without notice if it has not been used for more than twelve (12) months.
4.1 Access to the portal may periodically be suspended or restricted for operational purposes such as maintenance or introduction of new facilities or products.
4.2 APUA reserves the right at any time and without notice to modify, edit, delete, suspend, discontinue, temporarily or permanently, any content, including any products available through the portal, or any part of it.
5.1 Content provided by APUA including information, data, material, text, designs, graphics, pictures, videos, photographs, applications, software, audio, and other files, and their selection and presentation, is owned by APUA or licensed to APUA by third parties. It is protected by copyright, trademark and other intellectual property rights as applicable and provided solely for your own use. Republication or redistribution of the content, including by framing or similar means, is prohibited.
5.2 If APUA is informed of any inaccuracies in content, APUA will use reasonable endeavors to correct the inaccuracies as soon as it is reasonably practicable.
6.1 You are responsible for all content including comments, suggestions and ideas you upload to the portal. If you did not create the content, it is your responsibility to ensure that you have all necessary consent from the owner.
6.2 You agree to give APUA (as provider of the portal), a non-exclusive, transferable, royalty free, worldwide license to use or publish any content that you upload, post or otherwise make available via the portal. This includes free use by APUA to make improvements to the portal or any product.
7.1 You are not permitted or make any attempt to disassemble, hack or otherwise impede the operations of the portal.
7.2 You must not use the portal:
7.2.1 To gain unauthorized access to other computer systems.
7.2.2 In any way that may damage, disable, overload or affect the operation of the portal.
7.2.3 To solicit participation in public discussion, debate, comment or activity outside the portal.
7.2.4 To provide false or misleading information about yourself or your business, or create a false identity.
7.2.5 In contravention of any license, code of practice, instructions or guidelines issued by a regulatory authority, third party rights, or any APUA guidance or policies.
7.2.6 Fraudulently or in connection with a criminal offence in any way that is unlawful or in breach of any legislation and you must make sure that this does not happen.
7.2.7 To send, communicate, knowingly receive, upload or download any material or content that is offensive, abusive, indecent, defamatory, libelous, obscene, menacing, or that causes annoyance, inconvenience, needless anxiety or that is intended to deceive.
8.1 If APUA, at its sole discression, believes that you have misused the portal (or any part of it) in any way, or breached any of the terms, or any contract with APUA, APUA may without notice, terminate your registration, or suspend or terminate your access to the portal, APUA will be under no obligation whatsoever to reinstate your registration.
9.1 Payments via the portal can only be made with a credit or debit card.
9.2 When conducting payment transactions, you will be redirected to our merchant vendor portal (a third party service) where you will be provided further instructions.
9.3 Payments made via the portal are not transferable, redeemable for cash, or refundable.
9.4 Information required for the payment purposes are as per the requirement of our third party providers.
9.5 You are advised to read the terms and conditions of the third party provider and to proceed with your payment only if you agree to said terms and conditions.
10.1 You will keep harmless, defend and indemnify APUA against any claims, losses, costs, and liabilities arising from any claims by any third party, in connection with the use of misuse of the portal in breach of the terms.
Unless otherwise expressly specified in these terms or separate terms and conditions, the material on the portal is provided "as is", without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, APUA provides you with the portal on the basis that APUA excuses all representations, warranties, conditions, and other terms (including, without limitation, the conditions implied by law of satisfactory quality, merchantability and fitness for purchase) which, but for this legal notice, might have effect in relation to the portal.
12.1 APUA is not liable whether in contract, tort, under statue, for misrepresentation or otherwise (including in each case negligence) and whether or not the party concerned was advised in advance of the possibility of such loss or damage, for any of the following type of damage whether direct, indirect or consequential howsoever arising under or in connection with the contract of any part.
12.1.1 Loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or corruption of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill.
12.1.2 Any indirect or consequential loss or damage whatsoever, resulting from your use of or inability to use the portal, or from you relying on the accuracy or completeness of its content.
12.2 Nothing in these terms applies to APUA's liability in respect of products sold under APUA's terms and conditions or excludes or restrict in any way APUA's liability for death or personal injury caused by its negligence or to any extent not permitted by law.
13.1 Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the portal complies with the relevant laws and codes of practice. APUA is not responsible for any error or inaccuracy in advertising and sponsorship material.
14.1 You may not transfer any of your rights or obligations under the Terms to another party.
15.1 If APUA delays in acting upon a breach of these terms, that delay will not be regarded as a waiver of that breach. If APUA waives a breach of the terms, that waiver will be limited to that particular breach.
16.1 APUA will not be liable for any breach of the terms caused by any event or circumstances beyond reasonable control (including Acts of God, fires, flood, landslide, earthquake, natural disaster, war, national emergency, terrorist acts, epidemics, riots, civil disturbance or governmental action.
17.1 You and APUA will keep in confidence any information of a confidential nature obtained as a result of the use of the portal and will not disclose that information to any person other than their employees or professional advisors (or, in the case of APUA the employees of wider APUA or their suppliers). This will not apply to:
17.1.1 Any information which has been published other than through a breach of the terms.
17.1.2 Information lawfully in the possession of the recipient before the disclosure took place.
17.2.3 Information which a party is requested to disclose which, if it did not it would be required by law to do so.
18.1 You must take all reasonable steps to ensure that any software you use with or in connection with the portal is not infected by viruses.
18.2 APUA will take all reasonable steps to ensure that any software used in connection with the site is not infected by viruses.
19.1 If any provision of these terms is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provisions shall be severed and the remainder of its provisions will continue in full force and effect.
20.1 These Terms are governed by the law of Antigua and Barbuda. Any disputes arising out of the use of this portal are to be submitted to the exclusive jurisdiction of the Courts of Antigua and Barbuda.