SMS Terms and Conditions

By opting-in to the Short Message Service ("SMS") OR OTHERWISE BY USING THE SMS AT ANY TIME, you agree that you have read and understood, and that you accept and agree to be bound by, these SMS Terms and Conditions (including Hydro One's Terms of Use and Privacy Code), without limitation or qualification.

In addition to these SMS Terms and Conditions, your use of the SMS (including without limitation, any personal information that you may choose to submit as a text message in reply to the SMS — which Hydro One does not require) is subject to Hydro One's Privacy Code and Terms of Use. If there is any conflict or inconsistency between these SMS Terms and Conditions and the Hydro One's Terms of Use, solely with respect to the SMS, these SMS Terms and Conditions shall govern and prevail.
 

Short Message Service

  1. You also acknowledge and agree that you are 18 years of age or older.

  2. You are under no obligation to continue to use the SMS and may cease using the SMS and opt-out at any time and without prior notice to Hydro One. Just text STOP to 1-888-664-9376 to stop and opt-out. We will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

  3. If, at any time, you forget what keywords are supported, just text HELP to 1-888-664-9376 for help. We will respond with several keywords supported by our service: HELP, INFO, STOP

  4. We use commercially reasonable efforts to deliver messages to major Canadian mobile phone carriers.

  1. While there is no cost imposed by Hydro One for you to utilize the SMS, standard data fees and text messaging rates may apply based on your plan with your mobile phone carrier. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For general questions about the SMS, you can call us at 1-888-664-9376.
     

User Conduct

You acknowledge and agree that you may not, and warrant that you will not:

a.   send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or contains hate speech; and/or
 

b.   use the SMS in violation of any local, provincial and/or federal law.

 

Rights

If you choose to send text messages via the SMS, you grant Hydro One the perpetual (subject to your rights below), irrevocable (subject to your rights below) license to use, distribute, sublicense, reproduce, modify, adapt, translate and publicly perform any and all text message content provided by you to Hydro One (in whole or in part) and to incorporate such content into other works in any format now known or later developed – but only to the extent reasonably required for us to provide the SMS to you.

 
NO WARRANTIES

YOUR USE OF THE SMS IS AT YOUR SOLE RISK AND THE SMS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYDRO ONE, ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND AGENTS (AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND REPRESENTATIVES) (COLLECTIVELY, THE "HYDRO ONE PARTIES") DO NOT GUARANTEE OR WARRANT: (I) THE PERFORMANCE, AVAILABILITY, COVERAGE, UNINTERRUPTED USE, SECURITY OR OPERATION OF THE SMS; (II) THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF THE SMS, THE SMS CONTENT AND/OR THE RESULTS OBTAINED; AND/OR (III) THAT THE SMS WILL MEET YOUR REQUIREMENTS. THE HYDRO ONE PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SMS OR THE SMS CONTENT. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE SMS IS AT YOUR OWN RISK. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 
LIMITATION OF LIABILITY

THE HYDRO ONE PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ECONOMIC OR PUNITIVE DAMAGES OR ANY LOSS (INCLUDING LOSS OF PROFIT OR REVENUE, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURY, DEATH OR ANY OTHER FORESEEABLE OR UNFORESEEABLE LOSS, HOWEVER CAUSED) THAT RESULTS FROM OR RELATES DIRECTLY OR INDIRECTLY TO ANY ASPECT OF THE SMS, THE SMS CONTENT, YOUR PARTICIPATION IN THE SMS, EVEN IF WE WERE NEGLIGENT OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (I) THE USE OR THE INABILITY TO USE THE SMS; (II) STATEMENTS AND/OR SMS CONTENT; (III) OUR TERMINATION, RESTRICTION OR SUSPENSION OF THE SMS; (IV) OUR CHANGES TO THE SMS; (V) ANY UNAVAILABILITY OF THE SMS; (VI) ANY ERRORS IN THE SMS CONTENT; AND/OR (VII) ANY OTHER MATTER RELATING DIRECTLY OR INDIRECTLY TO THE SMS. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.


Service Changes and Termination

Hydro One may amend, restrict, suspend or otherwise change, at any time, any aspect of the SMS, including any provision of these SMS Terms and Conditions (including Hydro One's Privacy Code and Terms of Use.) Any material changes may be posted on Hydro One's website and/or may be sent via a broadcast message. If you do not accept such change, your remedy is to terminate your participation in the SMS as set out above. Your continued use of the SMS after any changes to these SMS Terms and Conditions constitutes your acceptance of the new terms.

Hydro One reserves the right to terminate the SMS or disable any subscriber's use of or access to the SMS for any reason and without any notice, and to refuse access to any prospective subscriber for any reason. Your participation in the SMS will be automatically terminated as of the date you cease to be a customer of Hydro One for any reason.
 

Governing Law and Jurisdiction

The Terms are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, and you submit to the exclusive jurisdiction of the courts of Ontario.
 

General

These SMS Terms and Conditions (including Hydro One's Privacy Code and Terms of Use, referred to above) contain the entire agreement between you and Hydro One regarding your use of the SMS, and supersede all prior understandings between you and Hydro One with respect to the SMS. If any part of these SMS Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these SMS Terms and Conditions, and the remaining portions shall remain in full force and effect.
 

Hydro One Networks Inc. (“Hydro One”)

483 Bay St. (South Tower), 8th Floor Reception
Toronto, Ontario M5G 2P5

www.HydroOne.com
1-888-664-9376