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Online Access Agreement

The following is the Online Access Agreement for the myenergy view portion of the Guelph Hydro Electric Systems Inc. website.

1.             INTRODUCTION


Welcome to the online access agreement for the myenergy view portion of Guelph Hydro Electric Systems Inc. ("Guelph Hydro", "We" or "Us") website (the "Website"). This online access agreement ("Agreement") is an agreement by and between Guelph Hydro and you ("you"), being the account holder, and sets forth the terms and conditions of use that apply to your use of the Services (as defined below).

2.             ACCEPTANCE OF TERMS


This Agreement affects your rights and you should read it carefully. We encourage you to print a copy of the Agreement or save it to your computer's hard drive for your reference.

You must be an existing Guelph Hydro customer to register to access to use the Services.

[By clicking the ["I Agree"] you agree to the terms and conditions of this Agreement, Guelph Hydro's privacy policy, which may be found at: Privacy Policy. (the "Privacy Policy"), and Guelph Hydro's general Website terms of use, which may be found at  Terms of Use (the "Terms of Use"), and any other policies or agreements that incorporated into this Agreement by reference. That action is the equivalent of your signature and indicates your acceptance of the terms and conditions and that you intend to be legally bound by them. In the event that the person clicking ["I Agree"] is not the account holder with Guelph Hydro, but is entering into this Agreement on behalf of the account holder, then by clicking ["I Agree"] such person represents and warrants to Us that they have the authority to bind the account holder to this Agreement. If you do not agree with them, please click on the "Back" button of your browser or click on the "Cancel" button below to exit this web site.   

This Agreement is subject to change by Guelph Hydro without prior notice (unless prior notice is required by law), but any such changes shall be effective as of the posting of revised Agreement on the Website. Your continued use of the Services after your notification of the modified terms of the Agreement constitutes your agreement to the amended Agreement. You may review the current Agreement prior at any time on this Online Access Agreement page.

3.             DESCRIPTION OF SERVICES


The services available on or through the Website (collectively, the "Services")
provide you with access to various on-line resources, which currently include, but are not limited to: the ability to view (i) your current and certain past Guelph Hydro invoices, along with other billing and payment information; and (ii) certain consumption and use data. Unless otherwise explicitly stated, any new features that augment or enhance the current Services, including the release of new Services, shall be subject to this Agreement.

Upon your acceptance of this Agreement, Guelph Hydro grants you a personal, non-exclusive, non-transferable, license to access and use the Services, subject to this Agreement, solely for your private purposes. The forgoing license includes the specific rights to use the available applications and functionalities of the Services and to print information from the Services. We reserve the right to, without notice: (a) modify, suspend or terminate operation of or access to the Services at any time for any reason; (b) modify or change the Services or its applicable operating policies at any time; and/or (c) interrupt the Services as necessary to perform routine and non-routine maintenance, error corrections, or other changes.

4.             PRIVACY


Our policies and procedures with respect to the collection, use and disclosure of your personal information are governed by the Privacy Policy. We will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

5.             YOUR ACCOUNT AND CREDENTIALS


During the registration process for the Services, an account number as personal identification number provided by Us to you (collectively, "Authentication Credentials") will be required for your access and use of the Services. The Authentication Credentials are intended for your use only. You are responsible for maintaining the confidentiality of your Authentication Credentials, and are fully responsible for all activities that occur under Your account are Authentication Credentials with or without your knowledge. You agree: (a) not to disclose such Authentication Credentials to any third party, (b) to take reasonable care to protect such Authentication Credentials from inadvertent disclosure to third parties, and (c) to immediately notify Guelph Hydro of any loss or unauthorized use of such Authentication Credentials. Guelph Hydro cannot and will not be liable, directly or indirectly, for any loss or damage arising from your failure to comply with this Section 5.

If you suspect that someone else knows any part of your Authentication Credentials, you must change them immediately. In the event of any unauthorized use of your Authentication Credentials or any other breach of security, you must also immediately notify Guelph Hydro Customer Service by phone at 519-822-3010 or email at cservice@guelphhydro.com and follow any instructions given to you.

You agree that you will be responsible for all actions taken using your Authentication Credentials and that Guelph Hydro will not be liable for any loss that you may incur as a result of someone else using your Authentication Credentials, either with or without your knowledge. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means, until you: (i) notify Guelph Hydro of a breach; (ii) request Guelph Hydro assistance to close down your online account; and/or (iii) prove that your account security was compromised due to a fault of Guelph Hydro's systems. You further agree that you will be held liable for losses incurred by Guelph Hydro or another party due to someone else using your Account Credentials. Guelph Hydro specifically disclaims liability for any activity in your account, whether authorized by you or not. For security purposes, you must keep Authentication Credentials in a secure location and take precautions to prevent others from gaining access to your Authentication Credentials. This Section 5 will survive the termination of this Agreement.

6.             INFORMATION PROVIDED BY YOU


You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services registration and/or submission process. You further agree to update your information in a timely manner to ensure it remains accurate and complete. In submitting any information to Us via the Services, including any personal information, you represent and warrant that all such information submitted is true and accurate and that you have obtained all necessary approvals, consents and authorizations as may be required under applicable laws, including privacy laws, from any third party to disclose said information.

You are solely responsible for maintaining your own record of activity using the Services, and for retaining all copies of Guelph Hydro invoices and other relevant data available through the Services. Any record retention services performed by Us are solely at Guelph Hydro's discretion and may be discontinued at any time with or without notice to you.

7.             NOTIFICATIONS


When you sign up for electronic billing with Guelph Hydro, you will no longer receive a paper bill and informational inserts in the mail. Instead, you will receive an e-mail notification that your bill is ready for viewing and a link to your bill will be provided in the e-mail. Informational inserts about other Guelph Hydro services will be provided to you by a separate e-mail notification. If you would like to resume receiving a paper bill and informational inserts by mail, you can do so using the services.

It is your responsibility to check for the delivery of your monthly bill, to routinely log your account for the Services to check for notices and updates and to keep current all e-mail and payment account information with Us.

If you do not receive your Guelph Hydro electronic billing e-mail notification and all of your information is accurate, you will need to contact our Customer Service Department immediately at: 519-822-3010 or email cservice@guelphhydro.com. Failure to receive e-mail notification will not delay the due date of your bill and you will still be responsible for timely payment of your bill.

8.             ACCOUNT SUSPENSION OR TERMINATION


Your use of Guelph Hydro's Services is with Guelph Hydro's permission, which may be revoked at any time and for any reason. You agree that at Guelph Hydro's discretion, We may suspend or permanently terminate your access to the Services for any reason, including but not limited to: (a) breaches or violations of this Agreement or any other incorporated agreements or guidelines, including, but not limited to, the Terms of Use; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account cancellations); (d) unexpected technical issues or problems; and/or (e) extended periods of inactivity. You understand that such a termination may result in permanent deletion of any data or information, and you agree that We are not liable to you or to any third party for losses or damages incurred as a result of your access to the Services being terminated or suspend. In addition to terminating access to the Services, We reserve the right to block certain internet protocol addresses at Guelph Hydro's sole discretion.

9.             CONDUCT


You acknowledge and agree that Guelph Hydro may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in connection with the violation of this Agreement or any applicable law, regulation or order. Additionally, you agree to, and shall not, directly or indirectly, do any of the following: (i) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying algorithms or the Services; (ii) license, sublicense or otherwise commercially exploit the Services or make any of them available to a third party; (iii) create any link to the Services or frame or mirror any content contained or accessible from the Website or the Services;(iv) willfully tamper with the Website or the Services or the accounts of other users of the Services; (v) knowingly access data on the Services not intended for you or log-in to a server or account for the Services that you know that you are not authorized to access; (vi) attempt to probe, scan or test the vulnerability of the Services or the Website or to breach any of Guelph Hydro's or its contractors' security or authentication measures; (vii) render any part of the Services or the Website unusable; (viii) violate any local, provincial, federal or foreign law, treaty, regulation or convention applicable to you in connection with your use of the Website or Services; (ix) upload, post, transmit, link to or otherwise distribute any inappropriate, defamatory, indecent, offensive, threatening, harassing, abusive, fraudulent, libelous or unlawful material or material that would constitute a criminal offence or give rise to civil liability or information or material that violates any rights of another person or entity, or contains advertising, solicitations, bulk unsolicited e-mails or spam, chain letters, pyramid opportunities or offers for the sale of goods or services; (x) impersonate any person or entity, operate under an alias, conceal your identify or falsely state or otherwise misrepresent your association with any person or entity, forge headers, or otherwise manipulate username(s) in order to disguise the origin of any content you submit or otherwise transmit to Guelph Hydro via the Website or the Services; or (xi) engage in any other conduct or activity that either conflicts with this Agreement or that Guelph Hydro deems, in its sole, absolute and unfettered discretion, to be in conflict with this Agreement.

10.           TERM AND TERMINATION


The term of this Agreement will commence, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by clicking ["I Agree"]. The Agreement will remain in effect until terminated by Us in accordance with the terms and conditions of this Agreement. You agree that Guelph Hydro, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, if Guelph Hydro believes that you have violated or acted inconsistently with this Agreement. You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Guelph Hydro may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Guelph Hydro shall not be liable to you or any third party for any termination of your access to the Services.

All indemnification obligations, disclaimers of warranties and limitations of liability of this Agreement shall survive the termination of this Agreement. Any terms and conditions of this Agreement which by their nature extend beyond the termination of this Agreement shall survive the termination or expiry of this Agreement including, without limitation, Sections 5, 11, 12, 13. 14. 15, 16 and 17.

11.           PROPRIETARY CONTENT


Guelph Hydro reserves all rights not granted in and to the content and materials available on or through the Services. All materials available on or through the Services, including, but not limited to, text, images, illustrations and other data, are protected by copyrights which are owned or licensed by Guelph Hydro. Except for the limited license granted above, you may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from any of the Services without the prior written permission of Guelph Hydro.

12.           INDEMNIFICATION

You agree to indemnify and hold harmless Guelph Hydro, its parent, affiliates and subsidiaries and their respective officers, directors, employees and agents, from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (i) your use of and access to (or inability to use) the Services; (ii) your violation of any of this Agreement; and/or (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right.

13.           INFORMATION DISCLAIMER


While We exercise reasonable efforts to ensure the accuracy of information on and accessible through the Services, you acknowledge and agree that your use of the Services, and your reliance upon any data or information accessed using the Services, is at your own risk. You agree to make and rely on your own independent investigation of the completeness, accuracy and suitability of any information, data, or analytical product available on the Services before reliance thereon.
To the maximum extent permissible by law, We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any lost or deleted data caused by the services, computer viruses, natural disasters, labour issues including disputes, walkouts, strikes, slowdowns, lockouts and picketing, or other destruction or damage, acts of nature, war, civil disturbance, or any other cause beyond Guelph Hydro's reasonable control.

14.           GENERAL DISCLAIMER


You agree that your use of the Services shall be at your own and sole risk. The Services are provided on an "as is" and "as available" basis for your use. To the fullest extent permitted by law, Guelph Hydro expressly disclaims all, and makes no, representations, warranties, conditions or undertakings of any kind, whether express or implied, in connection with the Services including, but not limited to, implied warranties of merchantability, fitness for a particular or general purpose, quality, title, and non-infringement. Guelph Hydro, its parent, affiliates, subsidiaries, and its licensors do not warrant that errors or defects in the Services will be corrected, and do not assume responsibility for the conduct of any users of the Services, whether online or offline.]

15.           LIMITATIONS OF LIABILITY


You agree that under no circumstances will Guelph Hydro, its parent, affiliates, subsidiaries, and their respective officers, directors, employees or agents, be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever, even if We have been advised of the possibility of such damages, whether based on warranty, contract, tort, or any other legal theory, and whether arising by law, statute, usage of trade, custom, course of dealing or performance, or the parties' conduct or communication with one another, or as a result of the nature of this agreement or in conformity with usage, equity or law or otherwise, arising out of or in connection with the Services, including, but not limited to, any: (a) use, inability to use or performance of the Services; (b) errors, mistakes, or inaccuracies of content of, or software underlying, the Services; (c) bugs or viruses which may be transmitted to or through the Services; (d) interruption or cessation of service or of transmission of the Services; and/or (e) unauthorized access to or use of Guelph Hydro's or its contractors' secure servers.

16.           ENTIRE AGREEMENT


This Agreement, the Privacy Policy and the Terms of Use constitute the entire agreement between you and Guelph Hydro with respect to your use of the Services. In addition to this Agreement and the Terms of Use, you shall abide by and be bound by Guelph Hydro's Conditions of Service, which may be found at: www.guelphhydro.com, with respect to any and all services provided to you by Us.

 17.           GOVERNING LAW


This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regards to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regards its principles of conflict of laws.

18.           GENERAL PROVISION


This Agreement, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by Guelph Hydro without restriction. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of this Agreement. The failure of Guelph Hydro to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement. 

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