Toronto Hydro-Electric System Limited

Standard Terms and Conditions

Welcome to Biller Direct, Toronto Hydros online self-service for viewing your Toronto Hydro-Electric System Limited (Toronto Hydro) electronic invoice (Toronto Hydro Invoice). This site is owned and operated by Toronto Hydro Corporation, a Corporation incorporated under the laws of the Province of Ontario (the Site).

Please read these terms and conditions of use (the Terms) carefully before using the Site:

1. Agreement

By accessing the Site or using any of the services provided through the Site you expressly agree to be bound by, accept and comply with these Terms. If you do not agree with any of these Terms, you must immediately exit and stop using the Site. If you do not agree with these Terms, then you may not read, link to, download or in any other way use information on the Site, including but not limited to, viewing and/ or downloading your Toronto Hydro Invoice and should destroy all material obtained by you through your use of the Site.

The Terms may be unilaterally revised from time to time without notice to you and it is your responsibility to check for updates. The most up to date version of the Terms will be available for your reference on the Site. Your use of the Site after any revisions to these Terms are posted shall constitute your acceptance of such revisions. The effective date of these Terms is March 15, 2011.

2. Services:

The Site currently offers a variety of services as described below (the Services):

(a) the ability to view your current Toronto Hydro Invoice; and (b) the ability to view up to two (2) years of historical Toronto Hydro Invoice(s)

You will also have the option to receive Toronto Hydros monthly e-connect newsletter (E-connect) to the e-mail address specified in your contact information currently registered with Toronto Hydro. If you decide to opt in to receiving E-connect, you hereby consent to receive such e-mail(s). Important: Toronto Hydro customers who register for the Services will no longer receive invoice(s) or billing through the mail or in paper format. If customers wish to receive invoice(s) or billing through the mail or in paper format, they must un-register from the Site and terminate their use of the Service(s).

3. Registration

Registration is required in order to access the Site and use the Services. You must request an activation code on the Biller Direct Registration page at www.torontohydro.com. Requesting your activation code will require you to enter your ten (10) or seventeen (17) digit Toronto Hydro account number and the CAPTCHA value appearing on the screen. An activation code will then be mailed to you within seven (7) to ten (10) business days. Your activation code will only be valid for forty-five (45) days. You are responsible for utilizing your activation code within this prescribed timeframe.

Once you receive your activation code, you will be required to visit the Biller Direct Registration page and enter your activation code along with your account number and the CAPTCHA value appearing on the screen. If you fail to receive your activation code or fail to register prior to the expiry of your activation code, you will be required to regenerate your activation code by following the steps outlined above. Your previous code will no longer be valid. If you incorrectly enter you activation code more than five (5) times, your account will be locked due to multiple failed registration attempts and you will have to request another activation code by following the steps outlined above.

Once you have activated your account, you will be required to enter your account details, including but not limited to, your email, username, password and password verification question and answer.

By agreeing to these Terms, you agree to provide accurate and current information as required for registration and to update your information in a timely manner to ensure it remains accurate and complete. In submitting any information to Toronto Hydro via the Site, including any personal information, you represent and warrant that the information submitted is true and accurate and that you have obtained all necessary approvals, consents and authorizations as may be required under applicable laws, including privacy laws, from any third party to disclose said information. You will be solely responsible for maintaining the confidentiality of any personal username(s) or password(s) required by you to access the Site, or required by you to use any of the Services, and for all activities that occur while using such personal username(s) or password(s). You agree not to share your password, let anyone else access your account and/ or the Site or do anything else that might jeopardize the security of your account and you agree to be responsible for all acts or omissions with respect to your user account. You agree to immediately notify Toronto Hydro of any unauthorized use of your personal username(s) and/or password(s). To preclude the risk that use of an automatic log-in capability may jeopardize the security of your account, Toronto Hydro recommends that you manually enter your user name and password each time you access the Site and use the Service(s).

You must be an existing Toronto Hydro customer to register to access the Site and use the Services. Toronto Hydro reserves the unqualified right to accept or decline a request to open a user account, terminate a user account and to discontinue the provision of Services regulated to a user account.

4. Authorization

The use of your username(s) and password(s) by you, or by any person with or without your knowledge or consent, is legally binding and makes you responsible to the same extent and effect as if you had given signed, written authorization to Toronto Hydro. You authorize Toronto Hydro to accept, without any further verification, and you agree to be responsible for, all activities with respect to your account and the Site when conducted using your username(s) and/or password(s).

From time to time, Toronto Hydro may send you e-mails, to the e-mail address specified in your contact information, relating to the Site, the content or the use of the Services. By registering for the Services, you hereby consent to receive such e-mails.

5. Privacy and security

For information respecting the way Toronto Hydro handles the privacy and security of your information, please refer to Toronto Hydros Privacy Policy Statement which is incorporated into and forms part of these Terms.

By agreeing to these Terms and accepting our Services, you are accepting the practices described in the Privacy Policy Statement.

6. Ownership and Intellectual Property

The Site, the Services and all contents thereof, including, but not limited to, all text, images, data, html code, multimedia clips, graphics, icons, java code, account information and the section and arrangement of the contents of the Site or other materials on the Site (collectively the "Content"), are owned and protected intellectual property of Toronto Hydro or other third parties with all rights reserved unless otherwise noted (the Intellectual Property). Toronto Hydro and its suppliers shall retain all rights, title, ownership and interests in the Content. Except as expressly provided, nothing in these Terms or within the Site or any of the Services shall be construed as granting any license under any of the intellectual property rights, whether by implication, waiver, estoppel or otherwise. You are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing or using, in whole or in part, any of the Intellectual Property appearing on the Site or through use of any Services without the prior written consent of Toronto Hydro or any third party owner of the Intellectual Property. 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.

Certain words, phrases, names, designs or logos used on the Site (collectively, the Marks), and any links from the Site may constitute trademarks, service marks or trade names of Toronto Hydro or other entities. The display of any such Marks does not imply that a license has been granted by Toronto Hydro or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without the prior written permission of Toronto Hydro. The Marks include, without limitation, the business name Toronto Hydro and the logo.

7. Disclaimer

The Site and the Content are provided for information purposes only. The Content of the Site does not represent any advice, commitment, representation or warranty by Toronto Hydro. Without limiting the foregoing, access to the Site is provided on an "as is", as and when available basis, and while reasonable efforts are made to ensure the quality, accuracy and timeliness of the Content and the operation of the Site, Toronto Hydro makes no representations or warranties of any kind regarding the 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) there will be no delays, difficulties in use, defects, incompatibility, failures, omissions or loss of transmitted information; (iv) defects or errors in the Site or the Content will be corrected, (v) the Site will be free from any virus or other harmful component, trojan horse, worm, backdoor or other program code or programming instruction or set of instructions designed to disrupt, disable, harm interfere with or otherwise adversely affect computer programs, data files or operation, (vi) communications to or from the Site will be secure and/or not intercepted and (vii) the Site or the Content will not infringe any third party Intellectual Property.

Toronto Hydro and its affiliates, and their respective officers, directors, employees, agents, successors and assigns will not be responsible or liable for any delay, damage, loss or inconvenience you or any other person may incur if you are unable to access the Service, do not receive your reminder email indicating that your new Toronto Hydro Invoice is ready to be viewed on the Site or experience any delay in the processing of any transaction for any reason whatsoever (including without limitation due to any malfunction of the Service).

Toronto Hydro reserves the right to make changes at any time, without notice or obligation, to the Content of the Site and/ or the Services.

8. Limitation of liability

You acknowledge and agree that you are using the Site solely at your own risk and liability. Toronto Hydro and its affiliates, and their respective officers, directors, employees, agents, successors and assigns will not be responsible for any damages whatsoever, including without limitation direct, indirect, special, incidental, economic, exemplary, consequential or punitive damages, arising out of or in connection with the Content or the use of or inability to use the Site or Services, including but not limited to any damages caused by any failure to perform, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus and other damage to computers, computer networks or other property, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record or data or information or programs, 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.

9. Indemnity

As a condition of your use of the Site, 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, the Services or any Content contained therein.

10. Confidentiality Warning

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.

11. Limited License

The Site and the Services are provided for your informational, non-commercial, personal, lawful use only as authorized under these Terms or as otherwise provided on the Site or any Services. You are granted a limited revocable license to use, display or print short extracts of the Content for your personal lawful non-commercial use only, provided such Content is not modified in any way. Any other use of the Content is prohibited. This is a limited license grant, not a title transfer, and under this license you may not market, commercially exploit, reproduce, copy, download , derivatize or modify the Content, remove any copyright or proprietary notices from the Content or distribute any Content of the Site or any Services, in whole or in part, without Toronto Hydros written permission. You further agree not to adapt, translate, modify, decompile, disassemble, decrypt, reformulate, adapt, alter, adjust, change, frame or reverse engineer any software, applications or programs used in connection with the Site or any Services. Toronto Hydro reserves the right to revoke this limited license at any time without notice and for whatever reason, in its sole discretion, and to require you to delete, destroy or otherwise remove any such material.

12. 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 any Service(s) or submitting any information or materials to Toronto Hydro you shall:

(i) act in compliance with all applicable laws, regulations and government order;

(ii) not attempt to damage, modify, alter or deface any part of the Site, any Service(s) or any Content;

(iii) not 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 or programs, the Site or the Service(s). You must take reasonable and appropriate precautions to ensure that any computer system used to access the Site or any Service(s) is secure and free of viruses or other harmful or destructive properties;

(iv) 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 e-mails or spam, chain letters, pyramid opportunities or offers for the sale of goods or services;

(v) not 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 or the Services;

(vi) not 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, the Site or the Service(s);

(viii) not use or access the Site in such a manner, or otherwise take any action, that taxes Toronto Hydros 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;

(ix) not circumvent, or attempt to circumvent, any measures or precautions taken by Toronto Hydro or any of its respective contractors to prevent the use or access of the Site, or any action, in violation of these Terms;

(x) not use the Site to gain unauthorized entry or access to other computer systems or networks;

(xi) not mirror the Site or any of its content on any other server without the express written permission of Toronto Hydro; and

(xiii) not 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.

13. Third Party Sites

The Site may from time to time contain links to third party web sites, including but not limited to Tel-Pay Inc. ("Third Party Sites"). The Third Party Sites were independently developed by parties other than Toronto Hydro. The links to Third Party Sites are provided solely as a convenience to you, and Toronto Hydro is not, in any manner, disseminating or endorsing any information, products or services contained on or offered through the linked web sites. Your use of Third Party Sites and your dealings with the owners or operators of Third Party Sites is solely at your own risk and liability. Toronto Hydro assumes no responsibility whatsoever for Third Party Sites nor does Toronto Hydro makes any representations or warranties of any kind with respect to Third Party Sites, including without limitation any representations or warranties: (i) regarding the accuracy, currency, quality or appropriateness of the information contained on Third Party Sites, (ii) regarding merchantability, fitness for a particular purpose, or non-infringement of any material, content, goods or services located at or made available through Third Party Sites, and (iii) that the operation of Third Party Sites will be uninterrupted, error free or free from viruses or other harmful components. Linking to any Third Party Sites is at your sole risk and Toronto Hydro will not be responsible or liable for any damages in connection with such linking. Third Party Sites may collect your personal information (including information generated through the use of cookies) when you link to their web sites. Toronto Hydro is not responsible for how such third parties collect, use or disclose your personal information.

14. 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 webmaster@torontohydro.com and write Request for Third Party Link in the subject line.

15. Bill Payment

You will have the option to pay your Toronto Hydro Invoice by clicking on the Tel-Pay Inc. link located on the Site, which will re-direct you to the Tel-Pay Third Party Site. If you decide to pay via Tel-Pay, you acknowledge that Tel-Pay is an independent Third Party Site and your use of the Third Party Site is solely at your own risk and liability.

You are solely responsible for ensuring that Toronto Hydro receives all payments by you on-time and by the payment due date. Without limiting the foregoing, Toronto Hydro is not responsible for any late, misdirected or failed payments or attempts to pay, regardless of the cause (including, without limitation, failure or malfunction of the Service and links to Third Party Sites) or for any resulting fees, interest or other charges imposed by Toronto Hydro, credit card issuer or other parties.

For information on payment options, please visit www.torontohydro.com.

16. Records Retention

You are solely responsible for maintaining your own record of activity using the Service, and for retaining all copies of Toronto Hydro Invoices and other relevant data. Any record retention services performed by Toronto Hydro are solely at Toronto Hydros discretion and may be discontinued by Toronto Hydro at any time with or without notice to you.

17. Modifications and termination

Toronto Hydro reserves the right to suspend, discontinue, terminate or modify any aspect of the Site, Services or Content and/or your access to or use of the Site, Services 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 Services, any of the Content, or any of the Terms, rules, policies, or practices of Toronto Hydro in operating the Site and the Services, you acknowledge that your sole and exclusive remedy is to discontinue using the Site and the Services.

18. Entire Agreement

(a) Subject to section 18(b), these Terms form the entire agreement between you and Toronto Hydro with respect to your use of the Site, the Services and the Content. Failure or delay by Toronto Hydro to enforce the provisions of these Terms or Toronto Hydro's rights or remedies at any time will not be construed to be a waiver of Toronto Hydro's rights under these Terms and will not prejudice Toronto Hydro's right to take subsequent action. If any provision in these Terms is illegal, invalid or unenforceable at law, as determined by a court of competent jurisdiction, it shall be deemed to be severed from these Terms and the remaining provisions shall continue in full force and effect.

(b) In addition to these Terms, you shall abide by and be bound by Toronto Hydros Conditions of Service with respect to any and all services provided to you by Toronto Hydro. In the event of a conflict between Toronto Hydros Conditions of Service and these Terms regarding the Services as defined herein, these Terms shall govern.

19. 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 the Site, including without limitation the interpretation of these Terms, despite any conflict of laws provision 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 actions or dispute relating to your use of this Site.

20. Headings and Defined Terms

The headings before each section in these Terms are for convenience only, and do not affect the meaning of these Terms.

Save and except as otherwise expressly defined, words or abbreviations which have well known or trade meanings are used herein in accordance with their recognized meaning.

21. Severability

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.


Last Modified: March 15, 2011