PART 1 - TERMS APPLICABLE TO THE WEBSITE AND OFFERED SERVICES
2. NO SOLICITATION
The information provided about the Companies through this Website is intended solely for the general knowledge of visitors to the Website and does not constitute an offer or a solicitation of an offer for the purchase or sale of any shares or other securities of Smart Rebates or any member of the Smart Rebates group of companies. The information on this Website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to the Companies and should not be used for the purpose of making investment decisions concerning securities of the Companies.
3. CURRENCY AND ACCURACY OF INFORMATION
Although the Companies make reasonable efforts to ensure that the information provided through this Website is current and accurate, the Companies make no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.
Certain documents and other materials on this Website, including investor presentations, conference calls and documents filed by the Companies with Canadian and U.S. securities regulators and listed and/or linked to the Website, speak only as of the dates on which such documents and materials were filed or otherwise used by the Companies. The contents of such documents or materials may become out-of-date, however, the Companies assume no obligation to publicly update or revise those documents and materials, whether as a result of new information, future events or otherwise, except to the extent required by law.
4. HARDWARE, SOFTWARE AND INTERNET ACCESS
It is your responsibility to ensure that you have the appropriate hardware, software, and Internet access services to access the Website and allow proper use of the Website and any Offered Services. If you have difficulty using the Website or the Offered Services, please notify Smart Rebates. Neither the Companies nor any third parties on the bill shall be responsible for any of your costs associated with your use and/or access of the Website and any Offered Services.
5. LINKS TO THIRD PARTY SITES
6. LIMITED LICENSE, COPYRIGHT, TRADEMARKS AND USE
The Companies, as applicable, grant to you a limited, personal, non-transferable license to use and copy materials published by the Companies on the Website solely for non-commercial use within your organization in support of the Companies, as applicable, products or services. Such license is revocable by the Companies, as applicable, at any time and at the Companies’ sole option. No other use of the materials is authorized. In consideration of this limited license, you agree that any copy of Website materials which you make shall retain all copyright, trademark and other proprietary notices in the same form and manner as on the original and you must explicitly acknowledge the Companies as the provider of such content and the owner of such copyright or trademark.
You will use the Website, the Offered Services, and any other content or information found on the Website solely for lawful purposes. You shall not upload to, distribute to or otherwise disseminate through the Website any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of another person or entity, or contains a solicitation of funds, advertising or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Website. You will also be liable for any loss or damage resulting, directly or indirectly from you making any material or information available through the Website.
You acknowledge that your use of portions of the Website, including an Offered Service, may require a user identification reference (referred to below as an “email login”) and password. You must keep your email login and password confidential. You will be responsible for any use of any Offered Services through the use of your email login and password whether or not authorized by you.
7. FORWARD LOOKING STATEMENTS
This Website may contain certain forward looking statements and information (FLI) to provide shareholders of the Companies and potential investors with information about the Companies and their respective subsidiaries and affiliates, including management’s assessment of the Companies and their respective subsidiaries and affiliates’ future plans and operations, which FLI may not be appropriate for other purposes. FLI is typically identified by words such as “anticipate”, “expect”, “project”, “estimate”, “forecast”, “plan”, “intend”, “target”, “believe”, “likely” and similar words suggesting future outcomes or statements regarding an outlook. All statements other than statements of historical fact may be FLI. Although management believes that the FLI is reasonable based on the information available today and processes used to prepare it, such statements are not guarantees of future performance and you are cautioned against placing undue reliance on FLI. By its nature, FLI involves a variety of assumptions, which are based upon factors that may be difficult to predict and that may involve known and unknown risks and uncertainties and other factors which may cause actual results, levels of activity and achievements to differ materially from those expressed or implied by these FLI. Information about these assumptions, risks and uncertainties can be found in applicable filings with Canadian and U.S. securities regulators. Due to the interdependencies and correlation of these factors, as well as other factors, the impact of any one assumption, risk or uncertainty on FLI cannot be determined with certainty. Except to the extent required by law, the Companies and their respective subsidiaries and affiliates assume no obligation to publicly update or revise any FLI, whether as a result of new information, future events or otherwise.
9. DISCLAIMER AND EXCLUSION OF WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE AND THE OFFERED SERVICES ARE PROVIDED TO YOU BY THE COMPANIES AS A CONVENIENCE TO YOU AND WITHOUT ANY MONETARY CHARGE TO YOU. IN RETURN, YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY OFFERED SERVICES (INCLUDING DOWNLOADING ANY MATERIALS AND INFORMATION FROM THE WEBSITE) IS AT YOUR SOLE RISK AND IS PROVIDED BY THE COMPANIES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED.
10. EXCLUSION AND LIMITATION OF LIABILITY
12. INVALIDITY OF PROVISIONS
15. ENTIRE AGREEMENT
17. ENGLISH LANGUAGE
PART 2 - TERMS APPLICABLE TO OFFERED SERVICES (SMART REBATES INC.)
(c) The SRI Offered Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. If you access the Offered Services from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any dispute arising out of the use of the Offered Services shall be governed by the laws of the Province of Ontario, Canada. You agree to submit to the exclusive jurisdiction of the courts in the Province of Ontario, Canada.
(d) Any unprotected electronic communication over the Internet is not secure or confidential and may be subject to possible interception, loss and/or alteration. In using Offered Services, you acknowledge and assume the risks associated with unprotected electronic communication over the Internet. SRI is not responsible for and will not be liable to you or anyone else for any damages in connection with an email, text message or any other electronic message sent by you to SRI, or an email, text message or any other electronic message sent by SRI to you.
20. ELECTRONIC SIGNATURE CONSENT
SRI offers the ability to request and amend services, submit and receive information and documentation, apply for SRI incentives and offers and otherwise manage your SRI accounts and your receipt of Offered Services through the Website. You acknowledge that SRI will verify your identity for the purposes of the Offered Services through your use of your email login and password, which collectively is a reliable method for identifying you to us. SRI requires your consent to the use of various online documents and your submission of them with your electronic signature when you use certain Offered Services. SRI therefore asks you to please note the following:
(a) the various SRI online documents contain all the same information as our paper-based documents and are organized in generally the same manner;
(c) when you complete the online document and then click “I Agree”, or “I Accept” or otherwise apply or associate your electronic signature to a document in accordance with the instructions that SRI has provided to you, you are providing agreement and our system will save your document into our computer systems and then will permanently associate your electronic signature (consisting of your email login and/or if you are requested to type your name, your written name) with the completed document;
(d) your use of the electronic signature functionality denotes consent to receive information and documents electronically from SRI;
(e) prior to submitting a completed online document, you will be asked to review the completed document. After you have consented to your completed online document as described in the section above either a screen will immediately confirm to you, or an email may be sent to confirm to you, that your completed online document has been received by SRI. You should print or save electronically a copy of your completed document for your records; and
(f) SRI uses reasonable methods to protect the security surrounding this online application system, including the use of industry standard encryption and firewalls.
21. ELECTRONIC BILLING SERVICES
(a) If you are participating in electronic billing services (the “eBill”), you will no longer receive a paper bill. You will receive an email to notify you when your electronic bill is ready for viewing, and such email may include your SRI account number, the payment due date, the amount due on the payment due date and a PDF attachment of your full bill. You may choose to update your account preferences online if you would prefer not to receive a PDF attachment of your bill. It is your responsibility to ensure that your information, including email address, is correct and up to date. Failure to receive email notification does not limit or affect your obligation to pay your bill on time.
(b) Once enrolled and for so long as you are using eBill, you have a limited, personal, non-transferable license to view, download an electronic version and print your bill and any inserts or enclosures (collectively the “Materials”). You may not alter, change, distort or otherwise modify the Materials or any content contained therein, including the amount and description of the charges on the bill or any terms or any proprietary notices contained on any of the Materials. You will not access or attempt to access any Materials, including the bill, of any other person.
(c) Printed copies of your electronic bill cannot be used to route a payment through an automated teller or a teller at a bank or by mailing a cheque.
22. ONLINE SELF-SERVICE METER READING (THE "ONLINE READING")
By submitting an Online Reading for an SRI account (the “Account”) through the Website, you declare and acknowledge that:
(a) The Online Reading is accurate to the best of your knowledge, that you are authorized as or by the Account holder to submit the Online Reading, and that you authorize SRI to rely on the Online Reading for the purposes of measurement, billing and collection for natural gas distribution and related services;
(b) The Online Reading does not in any way derogate from, or substitute for, the right of SRI, according to all applicable laws, to access all parts of the premises to which SRI provides natural gas distribution and related services; and
(c) Without limitation to the generality of the foregoing, SRI retains the right to interrogate any SRI meter, reject or amend the Online Reading, and to estimate a reading for any SRI meter for the purposes of measurement, billing and collection for natural gas distribution and related services.
Online Reading is not available for Large Business Account customers.
23. SMART REBATES ON-LINE ACCOUNT SERVICE
By enrolling for on-line access to your Smart Rebate Account (the “On-Line Account Service”), you declare and acknowledge that:
(a) There are two types of On-Line Account Service access: (i) Residential (Rate 1) and Commercial (Rate 6) (collectively, “Mass Market”) access; and (ii) Large Business access. Your SRI bill indicates your access type for the On-Line Account Service.
(c) Mass Market and Large Business Account access are separate Offered Services. Your email login must be unique for each Account access type, and cannot be used for any other access type. For certainty, if you require access to be both Mass Market and Large Business Accounts in the On-Line Account Service, you must have a separate email login for each type of access.
(d) Any information provided by you through the On-Line Account Service will be accurate and complete.
(e) You will not use the On-Line Account Service to access information about any Account unless you have the authority to do so by the person or company whose Account you are accessing.
(f) You will not provide any information to SRI through the On-Line Account Service unless you have the authority to provide such information to us.
(g) All information provided by you in the On-Line Account Service shall become the property of EDGI and SRI shall be entitled to use this data and to claim 100% of any natural gas savings arising from your use of the On-Line Account Service or any incentives offered through mySmartRebates.
(i) Each LBA customer seeking access (the “LBA Customer”) shall appoint an “LBA Owner” and shall designate account number(s) to be associated with the LBA Customer’s access profile for the On-Line Account Services (the “LBA Profile”) using the agreement(s) designated from time to time by SRI. Only one LBA Owner may be appointed from time to time per LBA Profile. The LBA Customer will also be responsible for notifying SRI of the removal or addition of the LBA Owner.
(ii) The LBA Owner will have viewing and downloading privileges for all of the billing account information available on the On-Line Account Services for all of the accounts linked to the LBA Profile, and may amend the LBA Customer’s billing account information and the LBA Profile (including, without limitation, the amendment of Customer contact information and billing addresses, the addition or removal of Account(s) from eBill and the addition or removal of LBA Users). The LBA Owner will receive an email notification when the electronic bill is ready for viewing if Account(s) associated with the LBA Profile are enrolled for eBill.
(iii) LBA Users are designated by the LBA Owner in writing or as otherwise permitted by SRI. LBA Users have viewing and downloading privileges for all billing account information available on the On-Line Account Services for all of the Accounts linked to the LBA Profile, and will receive an email notification when the electronic bill is ready for viewing if Account(s) associated with the LBA Profile are enrolled for eBill.
(iv) Each individual accessing the Offered Service for an LBA Customer (“Authorized Personnel”) shall be assigned an email login and shall select a password. Authorized Personnel will be able to change passwords and identifying information associated with their email login. Authorized Personnel shall include “LBA Users” and “LBA Owners”. SRI may limit the number of Authorized Personnel associated with each LBA Profile. LBA Customer is responsible for all acts or omissions of its Authorized Personnel.
(v) Upon receipt of a request to remove an Authorized Personnel from the LBA Profile, SRI shall take reasonable steps to remove such Authorized Personnel as soon as practicable. Notwithstanding the foregoing, the LBA Customer shall remain responsible for any use of the On-Line Account Services and all actions taken by such Authorized Personnel until the actual removal of such Authorized Personnel.
[Revision Date: January 2021]