Introduction. Please read these terms and conditions carefully as they contain the legal terms that govern your use of the Enercare Online Account (the "Portal") for customers of Enercare Home and Commercial Services Limited Partnership and its affiliates ("Enercare"). Access to and use of the Portal are subject to Enercare's privacy policy available at www.enercare.ca/privacy-policy (the "Privacy Policy") and the terms and conditions set out below (collectively, the "Terms and Conditions"). If you do not agree with or cannot comply with these Terms and Conditions, please do not use or access the Portal.
Privacy.
Privacy Policy. The Privacy Policy applies to Personal Information (as defined in the Privacy Policy) collected by Enercare, including through the Portal. By creating an account on the Portal, and by using the Portal, you consent to the collection, use, and disclosure of Personal Information in accordance with the Privacy Policy and for the purposes identified to you in the Terms and Conditions and at the time you provide the Personal Information.
Credit bureaus. Enercare exchanges some Personal Information with third parties such as credit bureaus, collections services providers, and financial institutions. You agree that Enercare may obtain Personal Information from credit bureaus, including address; phone number; death, bankruptcy, and legal judgment notices; and employment information, in order to keep Enercare's records up to date, manage Enercare's relationship with you and collect debts. You also agree that Enercare may provide certain Personal Information to credit bureaus, including name, address and phone number, as required in order to obtain or confirm the information in the foregoing sentence from such credit bureaus. This exchange of information does not affect your credit score. Enercare may also report information (such as late payments, missed payments or other defaults) about your account to credit reporting agencies to ensure the integrity of the credit reporting records.
Research. Enercare may aggregate and de-identify Personal Information to improve Enercare's business and customer service, understand customer trends, develop new products or services and support fraud detection, security, and legal compliance efforts.
Third Party Service Providers. You acknowledge that Enercare may use third party service providers in connection with the service Enercare provides for you including provision and operation of the Portal. You acknowledge and agree that such services providers may access and use, in connection with their provisions of services to Enercare, Customer Content (as defined below), data stored on or entered into the Portal and other data which you provide to Enercare from time to time (including Personal Information).
Changes to the Terms and Conditions. Enercare reserves the right to change these Terms and Conditions from time to time without notice by posting an updated version on the Portal. Please review the Terms and Conditions regularly for any changes that may have been made. Your continued use of the Portal following the posting of any changes to the Terms and Conditions constitutes your acceptance of these changes.
Services. By creating an account on the Portal (your Account), you agree to receive certain services offered by or on behalf of Enercare through the Portal, such as viewing details of or paying your Enercare bill, updating your contact information such as e-mail address and phone number, making changes to your account or billing options, receiving electronic updates or notices from Enercare, or taking advantage of other services through the Portal that Enercare may make available from time to time.
Intellectual Property.
Subject to your continued compliance with these Terms and Conditions, Enercare grants you a non-transferable, non-assignable, royalty-free, revocable license to use the Portal for your personal purposes and to view, download, display, print and copy the information and content of the Portal solely for the purposes of viewing and maintaining records regarding your billing information. This is a grant of license, not a transfer of title. Under this licence, you may not:
use any trademarks of Enercare, its affiliates or their respective third party suppliers or the look and feel of the Portal for any commercial purpose;
attempt to decompile or reverse engineer any of the software underlying the Portal; or
remove any copyright, trademark or other proprietary notation from the information in the event the information is being shared with any third party.
In the event that you submit any Customer Content (as defined below) to the Portal, you grant Enercare a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display such Customer Content in any media, now known or hereafter devised.
If you provide feedback, ideas or suggestions to Enercare in connection with the Portal or Enercare products and services ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Enercare to use such Feedback without restriction and without payment to you. For greater certainty, Feedback is considered Customer Content.
The copyright in the material and content contained in the Portal (other than Customer Content) belongs to Enercare and its respective licensors.
Customer Content and Acceptable Use.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Customer Content"), whether publicly posted or privately transmitted to the Portal by you, are your sole responsibility. Enercare takes no responsibility and assumes no liability for any Customer Content posted by you or any third-party.
You acknowledge that Enercare may not pre-screen Customer Content provided by users of the Portal, but that Enercare and its agents and designees shall have the right (but not the obligation) in their sole discretion to edit, refuse or move any Customer Content that is available via the Portal.
You agree not to reproduce, duplicate, copy, sell, resell or exploit the Portal, access to the Portal, or any portion of the Portal, or to use the Portal to:
upload, post, e-mail, transmit or otherwise make available any Customer Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
harm other users in any way;
violate securities laws or cause any person to violate securities laws;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Customer Content transmitted through the Portal;
upload, post, e-mail, transmit or otherwise make available any Customer Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, e-mail, transmit or otherwise make available any Customer Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Portal or servers or networks connected to the Portal, or disobey any requirements, procedures, policies or regulations of networks connected to the Portal;
intentionally or unintentionally violate any applicable local, provincial, state, territorial, federal or international law;
"stalk" or otherwise harass another user of the Portal or other person; or
collect or store Personal Information about other users.
Responsibility for Your Account.
You are responsible for keeping your Account safe, including by using a strong password unique to your Account and not sharing your log-in information with anyone else. The following is a list of commitments you agree to as per your use of the Portal:
you will not provide any false information when registering on the Portal;
you will not open an Account for another individual without their consent;
if you lose access to your Account (for violation of these Terms and Conditions), or should Enercare disable your Account for any other reason, you agree not to open a replacement account without Enercare's prior permission;
you will not share your password, share access to your Account, share Personal Information or anything else that may implicate the security of your Account; and
you will keep your contact information and other information provided during Account registration up-to-date.
Suspension or Deactivation. Enercare reserves the right to change, temporarily suspend or permanently deactivate, in whole or in part, the Portal or your Account access at any time and for any reason without prior notice to you, including for the purposes of system testing or maintenance, to address security concerns, to respond to a complaint, investigation or request from a lawful authority, if there is a breach of these Terms and Conditions, or to carry out account management activities.
Payments. You may pay your bill through the Portal through any of the payment methods set out in the 'Payments & Charges' section of the Enercare website.
Carrier Rates. The Portal may be accessed through a mobile browser but may be subjected to your carrier's regular rates and data usage fees, where applicable.
Disclaimers and Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EACH OF ENERCARE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS, THEIR RESPECTIVE AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AVAILABILITY, TIMELINESS, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ENERCARE ITS AFFILIATES AND THIRD PARTY SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PORTAL, ITS CONTENTS, OR ANY WEBSITE OR CONTENT WITH WHICH IT IS LINKED. IN NO EVENT SHALL ENERCARE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS PORTAL.
You agree to exempt from penalties, indemnify, defend, and hold Enercare, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Customer Content you submit, post, transmit or make available through the Portal, your use of the Portal, any activity you engage on or through the Portal, your violation of these Terms and Conditions, or your violation of any applicable laws or rights of another.
Enercare's sole obligation and sole liability for any inaccurate or incomplete information contained in the Portal is to use commercially reasonable efforts to update or correct, as applicable, such information.
Unless otherwise specified, the Portal is directed solely at those who access the Portal from Ontario, Canada. Enercare makes no representation that any product or service referred to in the materials on the Portal are appropriate for use, or available, in other locations. Those who choose to access the Portal from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Portal may contain links to websites and services which are not provided by or under the control of Enercare. These links are being provided to you as a convenience, and Enercare assumes no liability for any material found through such links. These Terms and Conditions do not apply to such websites and services and Enercare has no control over and will accept no responsibility or liability in respect of the material or privacy practices on any sites accessed through such links.
Severability. If any provisions of these Terms and Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Headings. The headings in these Terms and Conditions and its division into parts, sections and subsections are for convenience of reference only and do not affect the scope, intent, or interpretation of any provision hereof.
Non-Waiver. Any waiver or consent by Enercare with respect to a breach hereunder, whether expressed or implied, in one or more instances, does not constitute a waiver or consent with respect to a different or subsequent breach.
Choice of Language. These Terms and Conditions have been drafted in the English language at the express request of the parties. Les parties ont exigé que le present contract soit rédigé en anglais
Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or the Portal shall be filed only in the provincial or federal courts located in Ontario, Canada and you hereby submit to the nonexclusive jurisdiction of such courts.
Questions about these Terms and Conditions should be sent to Enercare at privacy@enercare.ca.