The effective date of these Terms is October 23, 2000. These Terms were last modified on March 25, 2022.
Acceptance of website Terms
By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Toronto Hydro and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Toronto Hydro reserves the right to unilaterally modify these Terms from time to time without further notice to you. If we do this, we will post the changes to these Terms on the Site by indicating at the top of this page the date these Terms were last revised. It is your sole responsibility to regularly check the Site to determine if there have been any changes to these Terms and to review such changes. Your continued use of the Site after any revisions to these Terms are posted shall constitute your acceptance of, and agreement to be legally bound by, these Terms as revised.
Notice to mobile users of the Site
It is important to understand that to use the Site, in addition to complying with these Terms, you must comply with the rules, restrictions and requirements of the application store from which you download the Site, for example, the Apple App Store or Google Play. Apple requires us to give you the following information if you use its App Store:
If you download and use the iOS version of the Site, you acknowledge that these Terms are entered into by and between us and you, and not with Apple Inc. Notwithstanding the foregoing, you acknowledge that Apple Inc. and its subsidiaries are third party beneficiaries of the Site and that Apple Inc. has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the services or the Site. You acknowledge that you have reviewed the Apple App Store terms and conditions (currently located at apple.com/ca/legal/internet-services/itunes/ca/terms.html). These Terms incorporate by reference the Licensed Site End User License Agreement (the “LAEULA”) published by Apple Inc. (currently located online at apple.com/legal/itunes/appstore/dev/stdeula). For purposes of these Terms, the Site is considered the “Licensed Site” as defined in the LAEULA and we are considered the “Site Provider” as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, these Terms will govern. You further acknowledge and agree that in no event will Apple Inc. be responsible for any claims relating to the Site (including a third party claim that the Site infringes that third party’s intellectual property rights) or your use or possession of the Site, including but not limited to: (i) product liability claims; (ii) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. For other mobile operating systems, additional terms may apply to your downloading, installation and use of the Site, as applicable, as set out in your agreement with the App Store or other download facility that you use.
Intellectual property rights and grant of limited license
The information, text, graphics, data, html code, media clips, icons, java code or other materials on this Site (collectively the "Content") are protected by copyright, as is the arrangement of the Content. Toronto Hydro either owns the Content of this Site or has acquired the appropriate licenses or permissions for the use of the Content by third party owners. Some of the names, words, phrases, designs and logos (collectively the "Marks") on this Site, and any links from this Site may be protected as trademarks, service marks or trade names of Toronto Hydro or other owners. The Marks include, without limitation, the business name Toronto Hydro and the logo. (The Content and Marks are collectively referred to as the “Intellectual Property.”)
Toronto Hydro and the third party owners shall retain all rights, title, ownership and interests in the Intellectual Property. Unless otherwise mutually agreed upon, you agree that you may only use this Site for your personal and non-commercial use. You are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing, modifying, transmitting, re-posting or using, in whole or in part, any of the Intellectual Property without the prior written consent of Toronto Hydro or any third party owner. Toronto Hydro will take the appropriate legal action necessary to enforce its rights respecting any prohibited use of any Intellectual Property appearing on the Site.
You are hereby granted revocable permission to use the Content of the Site for informational, personal, non-commercial, lawful viewing only. This is a limited license grant, not a title transfer, and under this license you may not modify the Content, remove any copyright or proprietary notices from the Content, nor mirror the Content onto any other server. The display of the Marks on the Site does not imply that Toronto Hydro or any other owner grants you a license to use any of these Marks without the written permission of the owner.
Your use of the Site and account set-up and security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. The safety and security of your information also depends on you. If you are using the Site, you, as a user, are responsible for obtaining your own access to the Site. You are required to ensure that all persons who access the Site through your Internet connection are aware of these Terms and comply with them.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
Rules of use
You may not access the Site and/or the Content for any purpose that is unlawful or that is prohibited by these Terms. You agree that in accessing or using the Site or submitting any information or materials to Toronto Hydro you shall not:
- upload, post, transmit, link to or otherwise distribute any inappropriate, defamatory, indecent, offensive, threatening, harassing, abusive, fraudulent, libellous 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 emails or spam, chain letters, pyramid opportunities or offers for the sale of goods or services;
- 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 Toronto Hydro via the Site;
- circumvent, or attempt to circumvent, any measures or precautions taken by Toronto Hydro or any of its respective contractors to violate or prevent the use or access of the Site, or any action, in violation of these Terms, including, without limitation:
- attempt to damage, modify, alter or deface any part of the Site, any service(s) or any Content;
- post, transmit, link to or otherwise distribute any information or software which contains a virus, a trojan horse, worms, time bombs or other programming routines that damage, interfere with, capture, intercept, expropriate or adversely affect any computer systems, programs or the Site. You must take reasonable and appropriate precautions to ensure that any computer system used to access the Site is secure and free of viruses or other harmful or destructive properties;
- directly or indirectly, use or access, or encourage, solicit, permit, facilitate, aid, assist or abet the use or access of the Site through any manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web bots, deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or hereinafter discovered, that performs the same or a similar function in order to, without limitation: data mine; screen scrape; data process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion of the Content or the Site;
- use or access the Site in such a manner, or otherwise take any action, that taxes Toronto Hydro’s infrastructure to an unreasonable and disproportionate extent, or reduces the speed of the Site, that otherwise interferes with the normal functioning of the Site or otherwise abuses or overuses the Site;
- use the Site to gain unauthorized entry or access to other computer systems or networks;
- mirror the Site or any of its content on any other server without the express written permission of Toronto Hydro; and
- engage in any other conduct or activity that either conflicts with these Terms or that Toronto Hydro deems, in its sole, absolute and unfettered discretion, to be in conflict with these Terms.
No linking to the Site
Links to the Site without the express written permission of Toronto Hydro are strictly prohibited. To request permission to link to the Site, please contact the Webmaster at firstname.lastname@example.org and write “Request for Third Party Link” in the subject line.
Disclaimer and limitation of liability
This Site and the Content is provided for information purposes only. Access to this Site is provided on an "as is" basis, and while reasonable efforts are made to ensure the quality, accuracy and timeliness of the Content and the operation of this Site, Toronto Hydro makes no representations or warranties of any kind regarding this Site and/or the Content, including without limitation, any representations or warranties that: (i) the Site or the Content will be accurate, complete, current, timely, merchantable or suitable for any particular purpose; (ii) the operation of the Site will be uninterrupted or error-free; (iii) defects or errors in the Site or Content will be corrected; (iv) the Site will be free from viruses or harmful components; (v) communications to or from the Site will be secure and/or not intercepted; and (vi) the Site or the Content will not infringe any third party intellectual property.
You acknowledge and agree that you are using the Site solely at your own risk and liability. Toronto Hydro will not be responsible for any damages whatsoever, including, without limitation, direct, indirect, special, incidental, consequential or punitive damages, arising out of or in connection with the Content or the use or inability to use this Site, whether such damages or injuries are based on contract, tort (including, without limitation, negligence and gross negligence), strict liability, or otherwise, even if Toronto Hydro has been advised of the possibility of such damages.
As a condition of your use of the Site, to the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Toronto Hydro and its affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against any and all claims, losses, costs, demands, suits, damages, actions, proceedings, liabilities and expenses, including reasonable attorneys and experts fees, suffered or incurred by Toronto Hydro from or related to your violation of these Terms or your use of the Site or any Content contained therein.
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. In using the Site, you agree to assume the risks associated with the transmission or loss of any data or information to or from Toronto Hydro on the Site, including the interception of such confidential data or information by third parties, and agree to be liable for any damages occurring as a result thereof.
Third Party Sites
Privacy and security
Modifications and termination
Toronto Hydro reserves the right to suspend, discontinue, terminate or modify any aspect of the Site or Content and/or your access to or use of the Site or Content at any time for any reason whatsoever, with or without notice to you. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Site. Toronto Hydro further reserves the right to refuse to post on the Site and the right to remove from the Site any information or materials, in whole or in part, that Toronto Hydro deems, in its sole discretion, to be inappropriate, unlawful or in violation of these Terms. If you are dissatisfied with the Site, any of the Content, or any of the Terms, rules, policies, or practices of Toronto Hydro in operating the Site, you acknowledge that your sole and exclusive remedy is to discontinue using the Site.
YOU WAIVE AND HOLD HARMLESS TORONTO HYDRO, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TORONTO HYDRO AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER TORONTO HYDRO OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Choice of laws
The laws of the Province of Ontario and laws of Canada applicable therein shall govern any dispute relating to the use of this Site, including, without limitation, the interpretation of these Terms, despite any conflict of laws provisions in force where you live or the physical location of your computer system. You hereby consent to the jurisdiction of the courts of the Province of Ontario in any action or dispute relating to your use of this Site, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
The invalidity of any of the provisions of these Terms, as determined by a court of competent jurisdiction, shall not affect the validity of the remaining provisions.
Reporting and contact
All feedback, comments, requests for technical support, and other communications relating to the Site (including any notices of copyright infringement and reports of misuse) should be directed to our contact us page.