Terms & Conditions
In consideration for the right to participate in Toronto Hydro-Electric System Limited's ("Toronto Hydro") PowerShift® program, you agree to the following terms and conditions:
- You agree that this agreement is entered into between you and Toronto Hydro and will govern your participation in the PowerShift® program.
- You represent and warrant that you are a registered participant in Toronto Hydro's peaksaver PLUS® program and that the person signing this agreement is an individual 18 years or older. You further represent that each appliance attached to a peaksaver PLUS® device ("Device") is in good working order and has been and will continue to be maintained in good working order throughout the term of this agreement.
- You agree to allow Toronto Hydro to activate the appliances by interrupting power to the appliances for not more than four (4) hours per day between 1 p.m. and 5 p.m. on any weekday (except statutory holidays) when the temperature reaches 27°C and/or the humidex reaches 30°C., as may be amended from time to time. This may mean that, in the case of interruption of power to your air conditioner, there may be an increase in the temperature in your premises; in the case of interruption of power to your electric water heater, there may be reduction in the availability of hot water; and in the case of interruption of power to your swimming pool pump, the swimming pool pump will be inoperative.
- You acknowledge and agree that in the event there is an interruption of power pursuant to the peaksaver PLUS® program at the same time as an interruption of power pursuant to the PowerShift® program, the terms and conditions of the peaksaver PLUS® program shall prevail. In the event of a conflict or inconsistency between these terms and conditions and those of the peaksaver PLUS® program, the peaksaver PLUS® program shall prevail.
- You agree to allow a Toronto Hydro representative to have reasonable access to your premises in order to inspect, test, repair, replace and service the Devices as Toronto Hydro may deem necessary.
- You may request, on twenty-four hours prior written notice by email to email@example.com or by telephone by calling (416) 542-2557 that the electricity use of your equipment not be activated during a specified period. You may make this opt-out request no more than three (3) times per calendar year.
- Your participation in the PowerShift® program begins upon your acceptance to the terms and conditions of the PowerShift® program. You may cancel your participation in the PowerShift® program by providing Toronto Hydro with ten (10) business days prior written notice to firstname.lastname@example.org or by calling (416) 542.2557. Subject to earlier termination rights herein, this agreement shall remain in effect for as long as there is an operational Device at your premises or until you move from the premises where a Device is located. Toronto Hydro may terminate this agreement at any time if you: (i) cease to participate in the peaksaver PLUS® program; or (ii) breach any of the terms or conditions of the PowerShift® program or the peaksaver PLUS® program. Toronto Hydro may, in its sole discretion and with ten (10) days prior notice to you, terminate the PowerShift® program.
- You agree not to move, remove, tamper with, disable or damage the Device(s) that are installed in or on your premises. Any failure to comply with these obligations will be at your sole risk for any damage that may result including damage to the equipment or your premises or injury to any person.
- You agree to participate in any follow up surveys, studies, audits, evaluations or verifications conducted by Toronto Hydro or their agents or service providers in connection with the PowerShift® program. This section shall survive the termination of this agreement.
- You consent to the collection, use, disclosure and other handling of any information provided by you to Toronto Hydro including personal information such as your name, address, telephone number, email address and records showing historical energy use and consumption (collectively the foregoing is referred to as "Participant Information" by Toronto Hydro for purposes relating to the operation, administration or assessment of the PowerShift® program and in connection with any reporting activities relating to the PowerShift® program, which such use will include without limitation: (i) the use of Participant Information to conduct, analyze and report on the result of the PowerShift® program and to conduct surveys and modify the PowerShift® program based on such surveys; and (ii) disclosure to the Ontario Energy Board, the Independent Electricity System Operator, the Ontario Ministry of Energy or the Ontario Environmental Commissioner and/or their respective successors. You hereby acknowledge that the Participant Information may be accessible to third parties under the Municipal Freedom of Information and Protection of Privacy Act (Ontario). This section shall survive the termination of this agreement.
- Toronto Hydro may amend these terms and conditions at any time without prior notice. Please refer to the PowerShift® web-site for updated terms and conditions.
- As between you and Toronto Hydro, Toronto Hydro does not own the Devices installed on your premises and title to the Devices shall at all times be and remain with you.
- You acknowledge and agree that: (i) you have independently assessed the risk of participating in the PowerShift® program; (ii) Toronto Hydro makes no representation or warranty, express, implied statutory or otherwise, including any representation or warranty as to merchantability, design, capability, suitability, durability or fitness for use or for a particular purpose with regard to the Devices; (iii) the energy cost savings and other benefits described in connection with the PowerShift® program are based on estimates and actual results may differ; and (iv) the Device is intended for use only as directed and improper use may result in injury or damage.
- Toronto Hydro shall not be in default of this agreement by reason of delay or the failure or inability to perform its obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyond the reasonable control of Toronto Hydro, including without limitation any act of God or other cause which frustrates the performance of this agreement.
- You agree and acknowledge that: (i) Toronto Hydro does not guarantee energy cost savings or other benefits arising from participation in the PowerShift® program; and (ii) neither Toronto Hydro nor its successors, assignors, affiliates, employees, agents, officers, directors, service providers and such affiliates, respective officers, directors or employees or any of their heirs, successors or assigned (collectively, the "Program Operators") will be liable for any loss, damage or injury to persons or property, including without limitation any economic loss, loss of good will, loss of profit, or any direct, indirect, special or consequential damages, and any costs or losses, expenses, fees, liabilities, causes of action, suits, proceedings, debts, penalties, and demand arising therefrom or connected therewith of any nature or kind whatsoever arising from or related to the interruption of power to any equipment to which a Device is connected, the PowerShift® program, or any matter related to this agreement, including, without limitation, any acts or omission of any Program Operator of, from and against any and all of the foregoing. You agree to indemnify the Program Operators if you or any member of your family, customer, occupant or guest seeks damages against any of them for any reason that is connected with this agreement.
- This agreement shall be governed by the laws of the Province of Ontario.