Terms and Conditions

These Terms and Condition affect your legal rights and responsibilities.

Please read the following Terms and Conditions carefully. These Terms and Conditions, as amended from time to time by us, govern your access to, and use of, the North Bay Hydro Distribution Limited’s (“NBHDL”) E-Billing Service (“Service”). If you access and use the Service you accept and agree to be bound by and comply with these terms and conditions. If you do not accept the Terms and Conditions, you are not entitled to use the Service.

By using the Service, you agree to these Terms and Conditions

Your access to and use of this web site constitutes acceptance of these Terms and Consitions of the web site. Your access to and use of the Service contained in this web site constitutes acceptance of the Terms and Conditions Applicable to Online Services set out in these Terms and Conditions.  NBHDL  reserves the right to revise and update the Terms and Conditions of this web site without notice.  Please review the Terms and Conditions posted on this web site periodically for any updates.  Your continued use of the web site consitutes acceptance of these revisions and updates.  

You agree not to use the Service for any illegal or improper activities. Without limiting the foregoing, you agree not to disturb the normal operation of the Service and to use the Service only in a responsible manner. You agree not to use the Service in a manner that harasses or may harass other parties or that disrupts, undermines, corrupts or in any way threatens the Service or infringes its integrity, or that is likely or has the potential to have any of those effects.

Your Responsibility for Accuracy, Confidentiality, Privacy, and Security

In order to use the Service you will establish your Username and Password. We are committed to maintaining the security of your information, and you play an important role in helping us meet this obligation. We recommend that you do not keep written records of this information, but if you decide to keep such records, you should keep them separate from each other. Upon learning that your Username or Password has been disclosed or obtained by anyone else, or may be known by anyone else, or that unauthorized use of your Username and Password may be occurring you must change your Username, Password, Authentication Question and Authentication Answer to re-establish your confidentiality and privacy.

Your Authorization to us 

The use of your Username, Password or Authentication Answer 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 us. You authorize us to accept, without any further verification, and you agree to be responsible for, all activities with respect to your NBHDL mailbox when conducted using your Username and Password. For a business NBHDL mailbox for a commercial or other organization, this authority is granted by the individual registering for NBHDL on behalf of the organization. By registering for NBHDL, that individual binds the organization to these Terms and Conditions and certifies that he or she has the authority to do so.

The content of this web site is provided for information purposes only. The material on this web site is not intended to provide legal advice to any individual and should not be relied upon in that regard. Reasonable efforts have been made to ensure the accuracy, veracity, timeliness and quality of the content provided on this web site. NBHDL makes no warranty or representation as to the accuracy or completeness of the information contained on this web site and accepts no responsibility arising from the reliance upon the information contained therein.

NBHDL will not be responsible for any damages arising from or connected with the use of this web site, including, without limiting the generality of the foregoing, any direct, indirect, special, incidental, consequential or punitive damages or economic loss.

NBHDL reserves the right to edit, delete, modify, vet or change any material posted on this Site at its sole discretion. In particular, NBHDL warns users that rate and cost information contained on this site is subject to change and may be subject to different application depending upon particular situations. 

You agree to indemnify and hold us and the NBHDL Parties harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, including without limitation your violation of any law or the rights of a third party.

Your use of the Service will be governed by the laws of the Province of Ontario and the federal laws of Dominion of Canada. 

Your Personal Information 

The personal information that we ask you to provide is collected and used by us in accordance with these Terms and Conditions, which includes our Privacy Policy, and by agreeing to these Terms and Conditions you hereby consent to that collection and use. You are responsible for keeping your information up-to-date. If you do not keep your information current your use of the Service may be affected and you may not be able to use the Service to full advantage. Please note that we may, but are not obligated to, destroy or delete any information that is no longer relevant, or that we are no longer required to retain for legal or audit purposes.

From time to time we will send to you certain Mailpieces pertaining to your use of the Service or your account and you hereby consent to receive such Mailpieces. 

Disclaimer and Limitation of Our Liability to You 

General 

Although considerable care has been taken in preparing and maintaining the information and materials contained in the Service, they are provided on an “as is” and “as available” basis. The use of the Service is at your sole risk. To the fullest extent permissible pursuant to applicable law, NBHDL disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of accuracy, merchantability and fitness for a particular purpose. Without limiting the generality of the foregoing, NBHDL shall have no responsibility or liability for any damages caused to computer systems, software or electronic files by computer viruses, “worms”, “trojan horses” or other items or forces of an intrusive, disruptive or destructive nature.

Unauthorized Access

NBHDL will not be responsible or liable for any delay, damage, loss or inconvenience you or any other person may incur in the event of unauthorized access to your mailbox or your personal information.

Inability to Access the Service

NBHDL 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 Mailpieces, or experience any delay in the processing of any transaction for any reason whatsoever (including without limitation due to any malfunction of the Service).  E-mail notifications will be sent to you when your electronic bill is ready for viewing. Any failure by you to receive e-mail notification that your bill is ready for viewing (including, but not limited to, providing NBHDL with an incorrect email address, not checking your email, exceeded mail quotas) will not limit your obligation to pay your bill prior to the deadline for payment. 

Governing law

Unless otherwise expressly agreed to in writing, the Service and all disputes or other matters arising out of it shall be governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles, and shall be dealt with solely by a court of competent jurisdiction in North Bay, Canada or such other location as the parties may agree.

Headings

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

Allocation of NBHDL Username

Allocation to you and continued use by you of a Username and/or NBHDL mailbox is entirely at our discretion. We may suspend or terminate your Username and/or NBHDL mailbox, and/or your use of the Service at any time upon notice to you, including, without limitation, if we determine, in our sole discretion, that you have breached these Terms and Conditions.

We May Change These Terms and Conditions

We may at any time modify or terminate the Service without notice. Without limiting the foregoing, we may change, terminate or assign these Terms and Conditions, or suspend or cease to offer the Service, immediately upon notice to you. Without limiting the foregoing, continued use by you of the Service will constitute acceptance of any change or assignment by us of these Terms and Conditions, or any modification or suspension of the Service, or any change to or implementation of fees. As part of its commitment to seek to improve the services made available to its customers, NBHDL will provide through this web site access to the Service. NBHDL may withdraw any web site Service at any time upon reasonable notice either through this Website or in another manner deemed by NBHDL to be appropriate in the circumstances. NBDHL may terminate your use of the service if you have used the service in any way that is contrary to law, contrary to these Terms and Conditions or that disrupts the use of the Service by others. 

V.1 2011-07-15