Welcome to PowerLens Business, Toronto Hydro-Electric System Limited’s ("Toronto Hydro") online customer self-service portal for accessing interval metering data. PowerLens Business is owned by Toronto Hydro Corporation, a corporation incorporated under the laws of the Province of Ontario.
Please read these terms and conditions of use (the "Terms") carefully before using PowerLens Business:
By accessing PowerLens Business or using any of the services provided through PowerLens Business 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 PowerLens Business. If you do not agree with these Terms, you may not read, link to, download or in any other way use information or services provided on PowerLens Business and should destroy all material obtained by you through your use of PowerLens Business.
The Terms may be unilaterally revised by Toronto Hydro Corporation 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 PowerLens Business. Your use of PowerLens Business after any revisions to these Terms are posted shall constitute your acceptance of such revisions. The effective date of these Terms is 1st August, 2017.
PowerLens Business currently offers the services described below (the "Services") based on hourly interval metering data contained in Toronto Hydro’s Data Centre:
(a) Energy Analysis - the ability to view energy loads over time, see energy usage changes, correlate demand or usage with external forces and rank performance.
(b) Load Analysis – the ability to determine how your facilities use energy, if the load patterns change over time, and when peaks occur.
(c) Trending – the ability to compare electricity usage or demand across multiple locations.
(d) Usage and Variance Analysis – the ability to view your minimum, maximum and average demand and compare your usage to previous time periods.
Registration is required in order to access PowerLens Business and use the Services. You must be an existing Toronto Hydro interval metering customer to register for a Primary User account. Third parties to whom Primary Users wish to grant account access must register for a Secondary User account. To register, individuals requesting either a Primary or Secondary account must enter the requested registration information online at powerlensbusiness.torontohydro.com, which includes your company name, job title, first name, last name, phone number, email address, a user ID and password that you create, a security question and security answer and the CAPTCHA check appearing on the screen. Individuals registering as Primary Users will also be requested to provide the account number(s) they are creating the account for. A confirmation email will be sent to you immediately advising of next steps.
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 PowerLens Business, 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.
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.
You will be solely responsible for maintaining the confidentiality of any personal username(s) or password(s) required by you to access PowerLens Business 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 PowerLens Business.
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 PowerLens Business 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. You will have the ability to unsubscribe to any or all marketing materials.
PowerLens Business, the Services and all contents thereof, including, but not limited to, all text, images, data, html code, graphics, icons, java code, account information and the section and arrangement of the contents of PowerLens Business or other materials on PowerLens Business (collectively the "Content"), are owned and protected intellectual property of Toronto Hydro Corporation, used under license by 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 PowerLens Business 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 PowerLens Business 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 PowerLens Business.
Certain words, phrases, names, designs or logos used on PowerLens Business (collectively, the Marks), and any links from the Site may constitute trademarks, service marks or trade names of Toronto Hydro Corporation, used under license by Toronto Hydro, or other entities. The display of any such Marks does not imply that a license has been granted to you by Toronto Hydro Corporation 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 Corporation. The Marks include, without limitation, the business name Toronto Hydro and the logo.
PowerLens Business and the Content are provided for information purposes only. The Content does not represent any advice, commitment, representation or warranty by Toronto Hydro. Without limiting the foregoing, access to PowerLens Business 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 PowerLens Business, Toronto Hydro makes no representations or warranties of any kind regarding PowerLens Business and/or the Content, including without limitation, any representations or warranties that: (i) PowerLens Business or the Content will be accurate, complete, current, timely, merchantable or suitable for any particular purpose, (ii) the operation of PowerLens Business 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 PowerLens Business or the Content will be corrected, (v) PowerLens Business 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 PowerLens Business will be secure and/or not intercepted or (vii) PowerLens Business 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 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 PowerLens Business and/ or the Services.
You acknowledge and agree that you are using PowerLens Business 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 PowerLens Business 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.
As a condition of your use of PowerLens Business, 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 PowerLens Business, the Services 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 PowerLens Business, you agree to assume the risks associated with the transmission or loss of any data or information to or from Toronto Hydro on PowerLens Business, 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.
PowerLens Business and the Services are provided for your informational, non-commercial, personal, lawful use only as authorized under these Terms or as otherwise provided on PowerLens Business or any Services. You are granted a limited revocable license to use, display, download and print 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, derivatize or modify the Content, remove any copyright or proprietary notices from the Content or distribute any Content of PowerLens Business or any Services, in whole or in part, without Toronto Hydro's 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 PowerLens Business 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.
You may not access PowerLens Business and/ or the Content for any purpose that is unlawful or that is prohibited by these Terms. You agree that in accessing or using PowerLens Business 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 PowerLens Business, any Service(s) or any Content;
(iii) not transmit 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, PowerLens Business or the Service(s). You must take reasonable and appropriate precautions to ensure that any computer system used to access PowerLens Business or any Service(s) is secure and free of viruses or other harmful or destructive properties;
(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 PowerLens Business 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 PowerLens Business 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, PowerLens Business or the Service(s);
(viii) not use or access PowerLens Business 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 PowerLens Business, that otherwise interferes with the normal functioning of PowerLens Business or otherwise abuses or overuses PowerLens Business;
(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 PowerLens Business, or any action, in violation of these Terms;
(x) not use PowerLens Business to gain unauthorized entry or access to other computer systems or networks;
(xi) not mirror PowerLens Business 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.
Links to PowerLens Business without the express written permission of Toronto Hydro are strictly prohibited. To request permission to link to PowerLens Business, please contact the Webmaster at email@example.com and write Request for Third Party Link in the subject line.
You are solely responsible for maintaining your own record of activity using the Service, and for retaining all copies of relevant data. Any record retention services performed by Toronto Hydro are solely at Toronto Hydro’s discretion and may be discontinued by Toronto Hydro at any time with or without notice to you.
Toronto Hydro reserves the right to suspend, discontinue, terminate or modify any aspect of PowerLens Business, Services or Content and/or your access to or use of PowerLens Business, Services or Content at any time for any reason whatsoever with or without notice to you. If you are dissatisfied with PowerLens Business, any of the Services, any of the Content, or any of the Terms, rules, policies, or practices of Toronto Hydro in operating PowerLens Business and the Services, you acknowledge that your sole and exclusive remedy is to discontinue using PowerLens Business and the Services.
(a) Subject to section 18(b), these Terms form the entire agreement between you and Toronto Hydro with respect to your use of PowerLens Business, 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 Hydro’s Conditions of Service with respect to any and all services provided to you by Toronto Hydro.
The laws of the Province of Ontario and laws of Canada applicable therein shall govern any dispute relating to the use of PowerLens Business, 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.
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.
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.