Terms of Use

The Independent Electricity System Operator (the “IESO”) and Enbridge Gas Inc. (“Enbridge”) (the IESO and Enbridge, collectively, the “Program Administrators”) jointly operate this website, its content and the public documents made available to download, including webpages and associated images (the “website”) in connection with the Home Renovation Savings Program that is being jointly offered by the Program Administrators (the “Program”). This website is made available to stakeholders, Program participants and prospective participants, Enbridge customers, communities and other interested visitors on the following terms and conditions. Please carefully review the terms and conditions that govern your use of the website periodically as they are subject to change. By using this website, you agree to follow and be bound by the terms and conditions of these Terms of Use. You also agree to bind any company or organization on behalf of whom you are accessing the website. If you do not agree to these Terms of Use, do not use the website or download any materials from it. The Program Administrators may change these terms and conditions at any time and without notice. Any changes will be effective immediately upon posting or as otherwise indicated. Your use of the website following any such change constitutes your agreement to follow and be bound by the Terms of Use, as changed.

Intellectual Property Rights

The IESO’s name, brand, logos, symbols, marks, certification marks, and any of IESO’s program, product or service names or slogans, contained in the website or otherwise, are trademarks of the IESO  or its licensors (the “IESO Marks”), and they may not be copied, imitated or used, in whole or in part, without the prior written permission of the IESO or the applicable trade-mark holder. Enbridge’s name, brand, logos, symbols, marks, and any of Enbridge’s program, product or service names or slogans, contained in the website or otherwise, are trademarks of Enbridge (or its parent companies and affiliates) or their licensors (the “Enbridge Marks”), and they may not be copied, imitated or used, in whole or in part, without the prior written permission of Enbridge or the applicable trade-mark holder.

Any other Program-related information, product or service name or slogan contained in the website are trade-marks of the IESO, Enbridge, or their respective licensors, as applicable, and they may not be copied, imitated or used, in whole or in part, without the prior written permission of the IESO, Enbridge, or the applicable trade-mark holder, as applicable.

This website and its contents are protected by copyright, trademark, and other proprietary rights of the Program Administrators or third parties. Except as expressly permitted in these Terms of Use, no portion of the website or its contents, including copyrighted works, trademarks, logos and service marks, may be reproduced in any form, or by any means, without prior written permission from the applicable Program Administrator, or the applicable third party and nothing herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property, including patent, trademark or copyright of the Program Administrators or any third party.

As between you, on one hand, and the IESO and Enbridge, on the other hand, the IESO or Enbridge, as applicable, owns all of its respective intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the website, including all written, audio visual or other materials and graphical elements on the website (the “Content”). Subject to these Terms of Use, you are granted a limited, personal, non-exclusive, non-sublicensable, non-transferrable licence to use and reproduce the Content (excluding any IESO Marks or Enbridge Marks) solely for non-commercial purposes in association with your participation in the Program.  Such license is revocable by the applicable Program Administrator at any time and at such Program Administrator’s sole option. No other use of the materials is authorized. In consideration of this limited license, you agree that any copy of Content which you make shall retain all copyright, trademark and other proprietary notices in the same form and manner as on the original and you must explicitly acknowledge the Program Administrators as the provider of such content and the owner of such copyright or trademark.

The IESO’s or Enbridge’s, as applicable, express, prior, written permission is required for the use or reproduction of any Content that is not included in the licence above, such as trade-mark rights, website code and/or the use of Content for any purpose not expressly permitted above.

Notwithstanding the foregoing, the Content may be subject to a separate agreement you may have with the IESO or Enbridge, or to supplemental terms or conditions that are included in or accompany the Content, in which case you agree that to the extent the separate agreement or supplemental terms are inconsistent with these Terms of Use, the separate agreement or supplemental terms will prevail to the extent of the inconsistency. Any use of the Content other than as specifically authorized herein (or in such separate agreement or supplemental terms and conditions) is strictly prohibited and will terminate the foregoing licence.

Where applicable, as between you and the Program Administrators, by uploading or making available through the website or Program any content, you waive all moral rights and grant (or warrant that the owner of such materials expressly grants) to the Program Administrators a worldwide, perpetual, royalty-free, irrevocable, sublicensable and non-exclusive license and right to: (i) use, copy, adapt, transmit, communicate, publicly display, perform, and/or distribute such content; and (ii) create compilations and/or derivative works from such content. Provided, however, that use and disclosure of any personal information will be subject to the terms of the IESO’ Privacy Policy and Enbridge’s Privacy Statement (described below).

Acceptable Use

As a condition of accessing the website and the Content, you agree not to:

  1. Use the website or Content in violation of these Terms of Use or applicable law or in a manner that furthers the violation of applicable law.
  2. Use the website or Content in a manner that is unlawful, misleading, discriminatory or fraudulent.
  3. Use the website or Content in a way that harms the IESO, Enbridge, their respective third party service providers, local distribution companies or the electricity or natural gas ratepayers of Ontario.
  4. Identify or attempt to identify any individual whose data or information may be included in or used to create the Content.
  5. Upload viruses or malicious code or do anything that could disable, overburden or impair the proper working or appearance of the website or Content.
  6. Attempt to access data you do not have permission to access.
  7. Knowingly use or reproduce Content available or accessed due to a security incident.

Disclaimer and Limitation of IESO’s Liability

Your use of this website and Content is exclusively at your own risk. To the fullest extent permitted by applicable law, the Program Administrators and each of their respective directors, officers, employees, agents and representatives (collectively, the “Program Administrators Group”) assume no responsibility whatsoever for the availability, accuracy, completeness or currency of any part of, or information in, this website or any Content. The Program Administrators and each member of the Program Administrators Group have no obligation, and disclaim any duty, to update or correct any part of, or information in, this website or Content.

The Program Administrators provide this website, including all the information in this website and Content, solely on an “as is” and “as available” basis. Neither the IESO, Enbridge nor any member of the Program Administrators Group provides any representation, warranty, condition or guarantee whatsoever respecting this website, including: (a) any representation, warranty, condition or guarantee that any part of, or information in, this website is available, accurate, complete, current or free from viruses or other destructive features; or (b) any implied representation, warranty, condition or guarantee of merchantability, fitness for a particular purpose or use or non-infringement of any right of any third party.

To the fullest extent permitted by applicable law, in no event whatsoever will the IESO, Enbridge or any member of the Program Administrators Group be liable, in respect of this website (including all  Content), for any matter whatsoever, to any individual, partnership corporation or company, with or without share capital, trust, foundation, joint venture, governmental authority or any other incorporated or unincorporated entity or association of any nature for: (a) direct damages; (b) indirect, special, incidental, contingent or consequential damages; (c) loss of actual or anticipated revenue or profits, loss of goodwill, loss or damage to data or any other information, failure to realize expected savings or loss of use arising in respect of the use of, or reliance on, any part of, or information in, this website or any other website which this website connects to by a hyperlink or pointer or for any other economic loss whatsoever, even if the IESO, Enbridge or a member of the Program Administrators Group has been advised of the potential for such damages; (d) punitive, exemplary or aggravated damages; or (e) contribution or indemnity.

You will indemnify and hold harmless the IESO, Enbridge and each member of the Program Administrators Group from and against all fines, penalties, claims, demands, liabilities, damages, costs and expenses on a dollar for dollar full indemnification basis (including lawyer’s fees and expenses) arising in respect of: (a) your use of this website; (b) any breach by you of any of these Terms of Use; (c) your failure to comply with any applicable laws, statutes, regulations, by-laws, rules, codes or treaties; or (d) any of your intentional wrongdoings.

Hyperlinks

This website may contain hyperlinks or pointers to other websites located on servers maintained by third parties over which the Program Administrators have no control. Accordingly, your use of any such other websites is entirely at your own risk and the Program Administrators assume no responsibility whatsoever for any use of any such website. None of the hyperlinks or pointers to such other websites implies that either of the Program Administrators authorizes, endorses or sponsors any such other website or any information in any such other website.

If you create a link to this website, you may not: (a) state or imply that either of the Program Administrators authorizes, endorses or sponsors any of the goods, services or other information in the other website; (b) misrepresent the relationship, if any, between the other website and the Program Administrators; or (c) use any of the respective trade-marks, service marks, trade names, copyright or other proprietary or intellectual property rights of either of the Program Administrators (including for metalinking purposes) without the IESO’s or Enbridge’s prior written consent, as applicable.

Internet Software or Computer Viruses

Internet software or transmission problems or technical difficulties could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from the website. The Program Administrators will not be liable for Internet software, computer viruses or destructive programs and recommends that you install appropriate anti-virus or other protective software.

Privacy

The IESO and Enbridge are committed to protecting your privacy and will each use, disclose and safeguard personal information collected through this website in a manner consistent with applicable privacy laws (i.e., in the case of the IESO, Ontario’s Freedom of Information and Protection of Privacy Act and, in the case of Enbridge, the Personal Information Protection and Electronic Documents Act).

The IESO is committed to the accuracy, confidentiality, security and privacy of your information as outlined in the IESO’ Privacy Policy (http://www.ieso.ca/Privacy).

Enbridge is committed to the accuracy, confidentiality, security and privacy of your information as outlined in the Enbridge’s Privacy Statement (https://www.enbridgegas.com/privacy-policy).

By using the website, you consent to the collection, storage, use and disclosure of your personal information as set out in the IESO’ Privacy Policy and Enbridge’s Privacy Statement. If you participate in one or more of our programs or program streams, the participant agreement or terms and conditions your are required to sign and other program materials will include additional information with respect to the collect, use and disclosure of your personal information.

Assignment

The Terms of Use shall bind and enure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder.

Termination

We may terminate your access to all or any part of the website at any time, with or without cause, and with or without notice. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.

Governing Law and Forum

The laws of Ontario and the laws of Canada applicable in Ontario will govern your use of this website and Content and any suit, action or other proceeding, or dispute or other controversy respecting the website. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario in respect of any suit, action or other proceeding made or brought by you in respect of this website for any matter whatsoever. You may not commence any suit, action or other proceeding in respect of this website for any matter whatsoever, except in Toronto, Canada.

Severability

If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be limited or deemed severable from these Terms of Use to the minimum extent necessary for enforceability purposes, and will not affect the validity and enforceability of any remaining provisions.

Inquiries

Inquiries regarding these Terms of Use should be addressed to info@homerenovationsavings.ca.

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This program is brought to you by Enbridge Gas and Save on Energy.

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Enbridge and the IESO are committed to protecting your privacy and will each use, disclose and safeguard personal information collected through the Home Renovation Savings Program (the “Program”) website in a manner consistent with applicable privacy laws (i.e., in the case of Enbridge, the Personal Information Protection and Electronic Documents Act and, in the case of the IESO, Ontario’s Freedom of Information and Protection of Privacy Act). Your personal information is collected, used and disclosed by Enbridge in accordance with its Privacy Statement. Your personal information is collected, used and disclosed by the IESO in accordance with its Privacy Policy. If you participate in one or more of our program offers, the participant agreement you are required to sign and other program materials will include additional information with respect to the collection, use and disclosure of your personal information.

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Any references to energy savings, cost savings or greenhouse gas reductions are intended to provide information regarding potential savings and reductions under typical usage conditions. The IESO and Enbridge do not guarantee that savings or reductions will occur in any individual case. Variables that may impact savings or reductions include specific circumstances related to the participant’s environment, installation, maintenance and operations practices, changes in energy prices, weather and local climate conditions, and user behavior and changes in usage patterns.

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Terms and conditions apply to specific rebates.

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SAVE ON ENERGY and HOME RENOVATION SAVINGS are trademarks of the Independent Electricity System Operator (IESO). SAVE ON ENERGY is a brand of the IESO and supported by the Government of Ontario.

ENBRIDGE and all related brands, taglines, wordmarks, and logos are registered and unregistered trademarks of Enbridge Inc. and used under license by Enbridge Gas Inc.

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