AMENDED TERMS & CONDITIONS – ENBRIDGE SMART THERMOSTATS INCENTIVE PROGRAM
Effective as of December 20, 2016 the Terms and Conditions are amended to, amongst other things, provide that your information may be shared with the Province of Ontario (the “Province”) to support the Province’s Ontario Home Energy Conservation Incentive Program (see https://ohecip.ca/ for details).
The following amended terms and conditions (“Terms and Conditions”) are effective as of and from December 20, 2016 and apply to the Smart Thermostats Incentive Program (the “Program”) offered by Enbridge Gas Distribution Inc. (“Enbridge Gas”), the Province of Ontario, Nest Labs, Inc. (“Nest”), ecobee Inc. (“ecobee”) and Honeywell Limited (“Honeywell”), and the following participating local distribution companies (each, an “LDC”):
- Toronto Hydro-Electric System Limited (participation in the Program effective as of October 13, 2016). LDC participation is funded by the Independent Electricity System Operator (“IESO”).
Participants who reside within the Enbridge Gas Program Delivery Area (see knowyourenergyscore.ca for details) and who purchase and install a Smart Thermostat (as defined below) before December 31, 2017 are eligible to receive a $100 Incentive (the “Incentive”). As set out in further detail below, if you are an Enbridge Gas customer, the Incentive will be paid by way of a credit on your Enbridge Gas natural gas account. If you are not an Enbridge Gas customer, the Incentive will be paid by way of cheque.
“Smart Thermostat” means the Nest Learning Thermostat (Model#: T3007EF), the ecobee3 Wi-Fi Smart Thermostat (Model #: EB-STATe3c-02) or the Honeywell Lyric (Model #:RCH9310WF5011/U or TH8732WFH5010/U).
When you purchase and install a Smart Thermostat before December 31, 2017, if you have a central air conditioner and/or forced air electric furnace and meet the eligibility requirements set out below, your LDC or the IESO may contribute $50 toward the $100 Incentive (note that your LDC bill will not be affected by this Program). For certainty, the total maximum Incentive available to you under the Program is $100.
Nest, ecobee and Honeywell each provide an online Incentive application (a “Redemption Tool”) to facilitate your participation in the Program. Nest’s Redemption Tool may be found at: www.nest.com/enbridge, ecobee’s Redemption Tool may be found at http://bit.ly/2aDstIX, and Honeywell’s Redemption Tool may be found at http://bit.ly/2dDBumy.
By participating in the Program, you agree to and acknowledge these Terms and Conditions. Further, your participation in the Program gives Enbridge Gas, Nest, ecobee, Honeywell, the Province, the LDCs listed above, and the IESO permission to access, use and share your information (including your Personal Information) for the purposes identified in these Terms and Conditions. “Personal Information” means your name, address, telephone number, and email address. If you applied for the Program prior to January 1, 2017, the previous Terms and Conditions apply.
Each of Nest, ecobee and Honeywell may share certain information (including, but not limited to, your name, email address, service address, phone number, Enbridge Gas account number (if applicable), primary home heating fuel type, Smart Thermostat serial number, activation date, account status with the Smart Thermostat provider, whether or not you have central air conditioning, whether or not you have central air conditioning with a standard thermostat (as identified by Nest, ecobee or Honeywell, as applicable), the installation date of your central air conditioning, other information submitted by you in the applicable Redemption Tool, and related details) with Enbridge Gas to verify that you are eligible for the Incentive under this Program.
Enbridge Gas may share certain information (including, but not limited to, your name, email address, service address, phone number, Enbridge Gas account number (if applicable), primary home heating fuel type, Smart Thermostat serial number, activation date, account status with the Smart Thermostat provider, whether or not you have central air conditioning, whether or not you have central air conditioning with a standard thermostat (as identified by Nest, ecobee or Honeywell, as applicable), the installation date of your central air conditioning, other information submitted by you in the applicable Redemption Tool, and related details) with the Province and one or more LDCs. Enbridge Gas or an LDC may share such information with the IESO. The IESO may further share such information with one or more LDCs and with Enbridge Gas. Enbridge Gas may also share such information with other utilities operating in your service area to determine if you are eligible for additional rebates from such other utilities.
Such information may be shared for purposes which include: to determine if the Incentive you receive is eligible for contribution from the Province, the IESO or any LDCs, evaluate the comprehensive energy impact of the Smart Thermostat, develop new programs and services (including the Whole Home program, as referred to in the ministerial direction from the Ministry of Energy to the IESO dated June 10, 2016), and to evaluate each of (i) the Program, (ii) the IESO’s Adaptive Thermostat Rebate Program, and (iii) the Province’s investment in the Program through the Province’s Green Investment Fund.
Such shared information may be subject to disclosure in accordance with the Freedom of Information and Protection of Privacy Act (Ontario) and/or the Municipal Freedom of Information and Protection of Privacy Act (Ontario).
Eligibility Requirements – Enbridge Gas (the “Enbridge Gas Eligibility Requirements”)
The Incentive is available to participants who meet the following eligibility requirements: (1) your Smart Thermostat must control your primary heating source (electric heating is not eligible); (2) the residence that is linked to your Smart Thermostat must be located within the Enbridge Gas Program Delivery Area; (3) your residence must be a single family home (detached, semi-detached, and townhouse homes only); (4) you must have an active Nest, ecobee, or Honeywell account linked to your Smart Thermostat; (5) you must have a Wi-Fi connection at your residence sufficient to communicate that your Smart Thermostat has been successfully installed, activated and paired to Nest, ecobee, or Honeywell’s services; and (6) you must activate your Smart Thermostat and submit an online application form for the Incentive using a Redemption Tool after April 15, 2016 for each of Nest and ecobee, and October 21, 2016 for Honeywell, and on or before December 31, 2017. Participants who reside in multi-unit residential buildings and condominiums are not eligible for the Incentive.
Participation in the Program is limited to one offer per household. The offer ends on December 31, 2017.
Eligibility Requirements – LDC and IESO
The IESO or participating LDCs may contribute as set out above if you meet the following eligibility requirements: (1) you must meet all of the Enbridge Gas Eligibility Requirements stated above; (2) you must be a residential customer of an LDC; and (3) you must reside in a home which has central air conditioning or a forced air electric furnace with a standard thermostat, and your thermostat must control your central air conditioning or forced air electric furnace, as applicable.
This Program has been amended effective December 20, 2016 and these amended Terms and Conditions take effect as of December 20, 2016. The Incentive has no cash value. Offer available to residential participants who reside within the Enbridge Gas Program Delivery Area
If you are an Enbridge Gas customer, the Incentive will be paid by way of a credit on your Enbridge Gas natural gas account. If applicable, the Incentive will be first applied to any outstanding Enbridge Gas account arrears (including arrears on third-party charges) and thereafter any remaining credit will be available to apply to current or future gas account charges.
If you are not an Enbridge Gas customer, the Incentive will be paid by way of cheque.
By completing and submitting an online application through a Redemption Tool, you confirm that you have read, understood and agree to these Terms and Conditions, and that you meet all eligibility requirements.
Enbridge Gas and (if applicable) the IESO, the Province of Ontario and participating LDCs reserve the right to contact you and seek further information to verify your eligibility for the Incentive. You agree to participate in any follow-up surveys, studies, audits, evaluations or verifications conducted by Enbridge Gas, the Province, the participating LDCs, the IESO and their respective service providers and agents in connection with the Program, including for the purposes of the proper administration, monitoring and verification or evaluation of the Program and will provide to them reasonable access to your records and facilities for such purpose. You agree that Enbridge Gas, the Province, the participants LDCs, and the IESO may contact you for marketing purposes in connection with energy-efficiency programs.
If you are an owner or operator of a residence which permits tenants to occupy rental units subject to the Residential Tenancies Act, 2006 (Ontario) (the “RTA”), you shall not use the Incentive provided under this Program as a basis for applying to the Landlord and Tenant Board for an increase in the annual rent amounts paid by such tenants above the annual rent-increase guideline permitted under the RTA.
Upon direction from the IESO, you agree to take all actions necessary to effect the transfer and assignment to, or holding in trust for, the IESO of rights, title, and interest in environmental attributes and certify, obtain, qualify and register with relevant authorities the environment attributes that the IESO is entitled to own and that you will be entitled to reimbursement of the cost of complying with such a direction subject to the LDC’s prior reasonable approval of such cost.
Enbridge Gas may change, modify, add or remove portions of these Terms and Conditions or terminate the Program at any time. Enbridge Gas will notify you of any changes to these Terms and Conditions by posting notice of such changes on knowyourenergyscore.ca/smart-thermostats.
These Terms and Conditions may be amended at any time and without notice in order to identify changes to the participating LDCs and/or smart thermostat manufacturers that become involved in the delivery or funding of the Program.
Limitation of Liability and Indemnity
You are solely responsible for determining and ensuring that the Smart Thermostat is suitable for your residence before installation.
You warrant and represent that you have the full, unfettered authority to participate in the Program and to effect installation of the Smart Thermostat at your residence.
You acknowledge that none of Enbridge Gas, the Province, the participating LDCs or the IESO make any representation or warranty whatsoever, whether express or implied, as to any part of the Smart Thermostat, its design, quality, capability, reliability, operation, performance, safety, fitness for your purposes, or as to any material, equipment or workmanship relating to part of the Smart Thermostat, its installation, operation or warranties.
You assume all risk, responsibility and liability for any damages, injury and/or costs that may result from the installation, operation, use and/or removal of any part of the Smart Thermostat.
You hereby release, indemnify and save harmless Enbridge Gas, the Province, the participating LDCs, the IESO, and their respective agents and employees from any liability, claim, demand, cause of action, damage or expense arising from or relating to your participation in the Program and from your installation, operation, use and/or removal of the Smart Thermostat, whether or not in accordance with the manufacturer’s instructions or otherwise.
Elements of the Program are offered in partnership with the Province of Ontario, the IESO and participating LDCs.