“My Account” - End User Agreement
Hydro One offers the Services on this website for your personal use for no additional fee. The terms and conditions set out in this document comprise the legally binding agreement between you and Hydro One governing your use of the Services. Please read them carefully.
1. Definitions
In this document:
(a) “Agreement” means the terms and conditions set out in this End User Agreement;
(b) “Hydro One” means Hydro One Networks Inc.;
(c) “Services” means, collectively, the data, analytical tools, conclusions, recommendations and other services Hydro One may make available on this web site from time to time, excluding any services provided by Hydro One under a separate written agreement; and
(d) “Third Party Resources” means, collectively, websites or resources which are provided by companies or persons other than Hydro One.
2. Acceptance Before Use
In order to use the Services:
(a) you must be at least 18 years old; and
(b) you must first accept the Agreement.
You may not use the Services if you are not 18 years old or if you do not accept the Agreement. You can indicate your acceptance of the Agreement by clicking on the button “Yes, I accept” below or by actually using the Services. Before using the Services, you should print off or save a local copy of the Agreement for your records. The Agreement will continue to apply until terminated by either you or Hydro One as set out below.
3. Provision of the Services by Hydro One
Hydro One is constantly innovating its offerings to its ratepayers. As part of this process, at its sole discretion, Hydro One may add or remove features and functionalities of the Services or even cease offering the Services altogether. You acknowledge and agree that the Services may change from time to time without prior notice to you.
As the Services are made available to you over the Internet, they may be subject to limitations, delays, and other problems inherent in the use of the Internet. You understand and agree that Hydro One is not responsible for any delays, delivery failure, or other damage resulting from such problems.
3. Using the Services
(a) Opening an Account. To use the Services, you must first open an account. As part of the initial registration process and your ongoing use of the Services, you will be required to provide personal information about yourself such as identification or contact details. You agree that any registration information you give to Hydro One will always be accurate, correct and up to date.
(b) Permitted Uses. You may only use the Services for your own personal use and only for purposes permitted by applicable law.
(c) Prohibited Uses and Limitations. You may not do any of the following:
i. use the Services for any purpose other than that permitted under the Agreement;
ii. engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services); or
iii. reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
(d) Password and Account Security. You agree that you are solely responsible for maintaining the confidentiality of password associated with your account. You agree that you are solely responsible to Hydro One for all activities that occur under your account. You may not permit another person to use your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Hydro One immediately at 1-888-664-9376. You agree that Hydro One will not be liable for any loss or damage that you may suffer as a result of someone else using your password or account.
(e) Your Breach of the Agreement. You agree that you are solely responsible for (and that Hydro One has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences including any loss or damage which Hydro One may suffer) of any such breach. If you do not comply with any of your obligations in the Agreement, Hydro One shall be entitled to disable access to your account or otherwise prevent you from accessing the Services, your account details or any files or other content which is contained in your account.
(f) Email Communications: Based on the email addresses you provide to Hydro One, we will communicate with you by email to provide you with information on security changes, site redesign, electricity rate changes and other changes to the Services. You do have the option to “opt out” of non-essential email notifications after an account is created by selecting Contact Preferences under My Profile.
4. Privacy and your personal information
You acknowledge that you have read Hydro One’s privacy policy at http://www.hydroone.com/Root/Pages/Privacy.aspx. This policy explains how Hydro One uses your personal information and protects your privacy when you use the Services. You agree to the use of your personal information in accordance with Hydro One’s privacy policy.
5. Proprietary Rights and Licenses
(a) Proprietary Rights. You acknowledge and agree that Hydro One and Hydro One’s licensors own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not). You further acknowledge that the Services may contain information which is designated confidential by Hydro One and that you shall not disclose such information without Hydro One’s prior written consent. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services or any part of the Services.
(b) Right to Use the Services. Hydro One gives you a personal, royalty-free, non-assignable and non-exclusive right to use the Services for the sole purpose of helping you better understand, and manage and benefit from your electricity usage, provided that:
i. you do not (and you do not permit anyone else to) copy or republish, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless you have been specifically authorized to do so in writing by Hydro One;
ii. you do not upload, post, transmit or distribute in any way any material contained in the Services or created by using the Services, except that you may download one copy of any such materials on a single computer and produce one (1) printed copy of your personal, non-commercial home-use only provided that you keep intact all copyright and other proprietary notices;
iii. you do not use any of Hydro One’s trade names, trade marks, or service marks;
iv. you do not attempt to license, sell, commercially exploit, assign or grant use of the Services to any other person; and
v. you comply with all other terms of the Agreement.
(c) No Other License. Nothing in the Agreement gives you a right to use any of Hydro One’s intellectual property.
(d) Third Party Resources. This website may contain hyperlinks to Third Party Resources. Hydro One does not approve or endorse the Third Party Resources. In respect of the Third Party Resources, you understand and agree that:
i. Hydro One has no control over the Third Party Resources;
ii. the Third Party Resources are the sole responsibility of the third party which controls or owns them;
iii. your use of Third Party Resources shall be subject to terms and conditions established by the third party owner of the Third Party Resource and this Agreement does not affect your legal relationship with the third party; and
iv. Hydro One is not responsible for the availability of the Third Party Resources or for any loss or damage which you may incur as a result of the Third Party Resources being unavailable or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from the Third Party Resources.
6. Ending Your Use of the Services
(a) Termination by You. If you want to terminate the Agreement with Hydro One at any time, you may do so by:
i. notifying Hydro One at any time by contacting Hydro One at 1-888-664-9376; and
ii. closing your account for the Service if Hydro One has made this option available to you.
(b) Termination by Hydro One. Hydro One may, at any time, terminate the Agreement with you if:
i. you have breached any provision of the Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement);
ii. Hydro One is required to do so by law; or
iii. in Hydro One’s opinion, the provision of the Services is no longer commercially viable.
(c) Termination of Services. In the event that this Agreement is terminated, you shall cease using the Services and your account shall be closed.
7. EXCLUSION OF WARRANTIES
You understand and agree that your use of the Services is at your sole risk. The Services are provided “as-is” and “as-available” without any warranty of any kind whatsoever. To the fullest extent permitted by applicable law, Hydro One and its licensors expressly disclaim any representations, warranties or conditions of any kind implied by statute, common law, custom or trade or course of dealing that:
(a) the Services will be fit for your purposes;
(b) the Services will be uninterrupted, timely, secure or error free;
(c) the Services are non-infringing of third party rights;
(d) the Services will be accurate or reliable;
(e) the Services will be merchantable.
The disclaimers set out in this section apply even after the Agreement ends.
8. LIMITATIONS OF LIABILITY
You understand and agree that, to the fullest extent permitted by law and the applicable regulatory instruments, Hydro One and its affiliates and licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you (including, without limitation, any lost profit or other economic loss, business interruption loss, loss of goodwill, or loss of data), howsoever caused, whether in breach of contract, in tort or under any other theory of liability;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
i. any reliance placed by you on the completeness or accuracy of the Services;
ii. any changes Hydro One may make to the Services or any permanent or temporary cessation of the provision of the Services or a feature or functionality of the Services;
iii. your failure to provide Hydro One with accurate account information; and
iv. your failure to keep your password or account details secure and confidential; or
(c) any amount you paid to use the Service in question, regardless of whether Hydro One’s liability arises in contract law, tort, equity or other theory of liability, in any event.
The limitations set out in this section shall apply even after the Agreement ends whether or not Hydro One has been advised of or should have been aware of the possibility of such losses arising. Such limitations apply to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any aspect of the Services, under any legal theory or cause of action.
9. Indemnity
You agree to indemnify, defend and hold harmless Hydro One its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of any aspect of the Services, your violation of the Agreement, or your infringement of any intellectual property or other right of any person or entity. This obligation shall continue even after the Agreement ends.
10. Changes to the Agreement
Hydro One may make changes to the Agreement from time to time. When these changes are made, Hydro One will notify you of the updated Agreement and make it available on this website. You understand and agree that if you use the Services after the date on which notice that the Agreement has changed is posted on this website, Hydro One will treat your use as acceptance of the updated Agreement.
11. General legal terms
(a) The Agreement constitute the entire legal agreement between you and Hydro One and govern your use of the Services (but excluding any services which Hydro One may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Hydro One in relation to the Services. The performance of certain Services are also governed by the Conditions of Service.
(b) You agree that Hydro One may provide you with notices (including those regarding changes to the Agreement) by email, regular mail, or postings on the Services.
(c) You agree that if Hydro One does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Hydro One has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hydro One’s rights and that those rights or remedies will still be available to Hydro One.
(d) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
(e) You acknowledge and agree that each member of the group of companies of which Hydro One Inc. is the parent shall be third party beneficiaries to the Agreement and that such other companies shall be entitled to directly enforce and rely upon any provision of the Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Agreement.
(f) The Agreement and your relationship with Hydro One under the Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable thereto without regard to its conflict of laws provisions. You and Hydro One agree to submit to the exclusive jurisdiction of the courts located within the City of Toronto to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that Hydro One shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If you have any questions regarding the Terms of Use, please contact us at Webmaster@HydroOne.com