Terms and Conditions
Pursuant to Regulation 20/17 made under the Green Energy Act, 2009 (the “Regulation”), Ontario’s Ministry of Energy has mandated that owners of one or more properties (“Owners”) that fall within the Regulation must report the property’s electricity consumption in accordance with the Regulation.
- I am the Owner of the property(ies) for which I am requesting information, or I am the representative of the Owner duly authorized by the Owner to request information on behalf of the Owner and to make all declarations, acknowledgments and agreements set out herein, including entering into this Agreement on behalf of the Owner. For the purposes of these Terms and Conditions, “Requestor” or “you” means the Owner of the property within the meaning of the Regulation or the Owner’s duly appointed agent who is authorized by the Owner to request information on behalf of the Owner.
By entering a request for information, Requestor hereby:
- Confirms the Owner is required pursuant to sections 2, 7, and 8 of the Regulation to report the information about the property(ies) under the Regulation, and the Owner is entitled to receive information about the electricity consumed at the property(ies) pursuant to section 13 of the Regulation.
- Directs and authorizes Enova Power Corp. (Enova) to retrieve aggregate electricity consumption information for the previous calendar year for the property requested.
- Use of Information. Where the Owner is not the Enova customer account holder for the property(ies), the Owner agrees to use the information provided by Enova solely in accordance with the Regulation.
- Termination. Enova may terminate this arrangement and cease providing information at any time, and/or require reverification of the Requestor’s authorization.
- Fees. Currently Enova does not charge any fees for providing this service. Enova reserves the right to begin charging fees to the Requestor for this service after no less than 60 days’ notice is provided through the Enova website (www.enovapower.com) to the Requestor’s using this service.
- Amendments. The terms of this Agreement may be modified or amended by Enova from time to time. In such event, Enova will provide not less than 30 days’ notice or other such period as may be required by applicable law of such change by making updates on Enova’s website. Any use of this service after Enova provides you with a notice of change will constitute your agreement to such change(s). Requestor may terminate this Agreement at any time should they disagree with any such amendment.
- Severability. If any provision of these terms and conditions are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
- Applicable law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without resort to its conflict-of-law provisions. Requestor agrees that any action at law or inequity arising out of or relating to these Terms and Conditions shall be filed and heard on in the courts of Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.
- Disclaimer of warranties. Enova’s provision of this service and any content, information, software, functions and applets provided on or through this service are made available on an ‘as is’ and ‘as available’ basis. Enova does not warrant that this service or any content or services provided in connection with this service will be timely, secure, uninterrupted, or error-free, or that defects in this service or in any content or services provided through this service, as may exist from time to time, will be corrected. Enova will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation of or transmission of data through this service, any other services, or related content, including those due to communication line failures, or computer viruses associated with the operation of this service. Enova makes no express or implied warranties with respect to this service, including without limitation, the warranties of title, non-infringement, merchantability, or fitness for a particular purpose. You expressly agree to use this service at your sole risk.
- Limitation of liability. In no event shall Enova, its officers, directors, shareholders or employees be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence, product liability, or strict liability) or otherwise, arising out of or in any way connected with your request for information, the use of this web site or the materials contained in or accessed through this web site or otherwise provided by Enova, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Enova or that results from mistakes, omissions, interruptions, deletion of files or email, error, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction or unauthorised access to Enova’s records, programs, or services. In no event shall the aggregate liability of Enova (whether in contract, warranty, tort – including negligence, whether active, passive, or imputed – product liability, strict liability or other theory) arising out of or relating to the use of Enova’s website or any information provided hereunder, exceed any compensation you pay, if any, to Enova for access to or use of this service.
- Use of electronic communication. By accepting below or otherwise using this service, you also agree that any and all notices, disclosures and communications regarding this service between you and Enova, including these Terms and Conditions, may be made electronically, in accordance with applicable law. Any electronic notice, disclosure or communication Enova makes will be considered made when transmitted by Enova.
- Personal information. You acknowledge that Enova may receive certain personal, private and/or confidential information that is not otherwise in the public domain in connection with your use of this service; and that Enova will not rent, sell or otherwise make available to any third party for any reason any of this information, other than to provide energy benchmarking services or to comply with applicable laws or regulations, including the Ontario Energy Board or court orders. The purpose of Enova receiving this information is to assist the Owner in complying with the Regulation. For more information, please refer to Enova’s Privacy Policy at enovapower.com
Your click of the ‘I agree’ button is a symbol of your signature that the information you are providing is true and correct; that you have read, understand, accept and agree to the terms of these Terms and Conditions; and constitutes your representation that you are duly authorized to bind the Owner to these Terms and Conditions.
