Terms and Conditions
Terms and Conditions
Effective as of February 1, 2019 the Terms and Conditions are amended to update the program’s eligible smart thermostat devices.
The following amended terms and conditions (“Terms and Conditions”) are effective as of and from February 1, 2019 and apply to the Smart Thermostats Incentive Program (the “Program”) offered by Enbridge Gas Inc. (“Enbridge Gas”), Nest Labs, Inc. (“Nest”), ecobee Inc. (“ecobee”), National Energy Equipment Inc. (“NEE”) and Emerson Electric Canada Limited (“Emerson”), 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 heat their home with natural gas, reside within the EGDI Franchise Service Area (see https://enbridgesmartsavings.com/smart-thermostats for details) and who purchase, install and activate a Smart Thermostat (as defined below) after January 31, 2019 and before December 31, 2019 are eligible to receive a $75 Incentive (the “Incentive”). As set out in further detail below, the Incentive will be paid by way of a credit on your Enbridge Gas natural gas account. The “EGDI Franchise Service Area” comprises the geographic areas served by Enbridge Gas Distribution Inc. prior to its amalgamation with Union Gas Limited on January 1, 2019. For certainty: (i) only Participant homes that are located within the EGDI Franchise Service Area are eligible for the Incentive; and (ii) homes located within the geographic areas served by Union Gas Limited prior to January 1, 2019 are not eligible for the Incentive. “Smart Thermostat” means the:
- Nest Learning Thermostat (Model#: T3007EF and T3007ES)
- Nest Learning Thermostat E (Model#: T3017CA or T3016CA)
- Nest Thermostat E (Model #T4000EF)
- the ecobee3 Wi-Fi Smart Thermostat (Model #: EB-STATe3c-02)
- the ecobee3 lite Wi-Fi Smart Thermostat (Model #: EB-STATe3LTC-02)
- the ecobee4 Wi-Fi Smart Thermostat (Model#: EB-STATE4-01 and EB-STATE4C-01)
- Trane Comfortlink II – XL1050 Communicating Connected Control (Model #: TZON1050)
- Trane Comfortlink II – XL850 Communicating Connected Control (Model#: TCONT850)
- Trane XL824 Smart Connected Control (Model #: TCONT824)
- Sensi Retail (Model #: ST55C)
- Sensi Wholesale (Model #: 1F87U-42WFC)
- Sensi Retail (Model #: ST75C)
- Sensi Wholesale (Model #: 1F95U-42WFC)
- Sensi Retail (Model #: UP500WC)
- Sensi Wholesale (Model #: 1F86U- 42WFC)
- Sensi Retail (Model#: ST75WC)
- Sensi Wholesale (Model#: 1F95U-42WFBC)
When you purchase, install and activate a Smart Thermostat after January 31, 2019 and before December 31, 2019, if you have a central air conditioner and meet the eligibility requirements set out below, your LDC or the IESO may contribute fifty percent (50%) of the $75 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 $75.
Nest, ecobee, NEE and Emerson 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, NEE’s Redemption Tool may be found at http://www.traneon.ca/enbridge-rebate/ and Emerson’s Redemption Tool may be found at https://www.emersoncanada.ca/validationportal/index.php.
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, NEE, Emerson, 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.
Each of Nest, ecobee, NEE and Emerson 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, NEE, or Emerson 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, NEE and Emerson, as applicable), the installation date of your central air conditioning, other information submitted by you in the applicable Redemption Tool, and related details] with 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 IESO or any LDCs, evaluate the comprehensive energy impact of the Smart Thermostat, to develop new programs and services, and to evaluate the Program.
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 of natural gas (2) the residence that is linked to your Smart Thermostat must be located within the EGDI Franchise Service Area; (3) your residence must be a single family home (detached, semi-detached, and row townhouse homes only); (4) you must have an active Nest, ecobee, NEE (Nexia) or Emerson (Sensi) 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, NEE or Emerson’s services; and (6) you must activate your Smart Thermostat and submit an online application form for the Incentive using a Redemption Tool no later than 30 days following activation of the eligible Smart Thermostat. Participants who reside in multi-unit residential buildings, condominiums and/or stacked townhomes are not eligible for the Incentive. Only one device per residence with a one-time serial number registration permitted.
Participation in the Program is limited to one offer per household. The offer ends on December 31, 2019. Program is subject to change without notice at any time.
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 with a standard thermostat, and your thermostat must control your central air conditioning.
Email Consent - CASL
Pursuant to Canada’s anti-spam legislation (“CASL”), Enbridge, on behalf of the IESO and your LDC, is hereby requesting your Express Consent (as that term is defined in CASL and its associated regulations) for Enbridge, the IESO and your LDC to contact you at the electronic address provided by you as part of the information collected on the Redemption Tool. By participating in the Program, you consent to the IESO and your LDC communicating with you by email in connection with future conservation programs, customer satisfaction surveys and other related purposes.
This Program has been amended effective February 1, 2019 and these amended Terms and Conditions take effect as of February 1, 2019. The Incentive has no cash value. Offer available to residential Enbridge Gas customers who reside within the EGDI Franchise Service Area.
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.
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 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 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 participating 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. Contact your LDC for further details.
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 here.
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 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 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 participating LDCs and the IESO.
Questions about the LDC and IESO portion of this program should be directed to:
Toronto Hydro-Electric System Limited
Chief Privacy Officer
14 Carlton Street
Toronto, ON, M5B 1K5