Terms and conditions

TERMS AND CONDITIONS OF USE FOR THE NATIONALCAPITALDISTRICTENERGY.CA / RESEAUENERGETIQUECAPITALENATIONALE.CA WEB SITE

Welcome to the NationalCapitalDistrictEnergy.ca / ReseauEnergetiqueCapitaleNationale.ca web site (the “Web Site”). The Web Site is owned and operated by ESAP Projet Co. Limited Partnership conducting business under the Innovate Energy name (“Innovate Energy”).

The terms “you” and “yours” refer to the person using, viewing, consulting or visiting the Web Site. The terms “we” and “ours” refer to Innovate Energy.

These terms and conditions of use (the “Terms”) are intended to govern the use of the Web Site. It is important for you to read and understand the Terms since it establishes a contract between you and us.

Innovate Energy may offer you the opportunity of connecting to its Web Site or of using our services and tools via a mobile device. The provisions in the Terms apply to all types of mobile access and to the use of mobile devices. The Terms apply to all Web Sites adapted for mobile use.

1.Use of the Web Site

This Web Site is the property of Innovate Energy and was created to provide you with information and is for your personal, non-commercial use.

Your use of the Web Site is subject to the Terms and all applicable laws. By accessing and browsing this Web Site, you accept these Terms. Access to and use of the Web Site is subject to full and unconditional compliance with the Terms.

If you do not agree with any of the Terms, please do not use this Web Site. It is your responsibility to ensure that by accessing the Web Site and the material provided on the Web Site or through it, you act in full compliance with the laws of each territory where you access it or through which you access the Web Site or the material.

2.Limitation of Liability

To the full extent allowed by applicable law, Innovate Energy and its third-party partners (collectively, the "Partners") acting as subcontractors for the management of communications, including but not limited to Web Site management and development, alert management and online request processing, and their respective directors, administrators, employees, representatives and their respective successors and assigns shall in no event be held liable for damages of any nature whatsoever stemming from the use of the Web Site and its content or for an invasion of your privacy, loss of revenue or profits no matter the cause, whether or not based on a contract (including failure to meet an essential obligation), these Terms, civil responsibility or tort (including negligence) or otherwise, even if Innovate Energy or one of its Partners knew or should have known the possibility of such damages.

3.Disclaimer of Warranties

THIS WEB SITE, ITS CONTENTS AND ANY FUNCTIONALITIES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS.

INNOVATE ENERGY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS WEB SITE, ITS CONTENTS, OR SUCH LINKS OR FUNCTIONALITIES OFFERED OR CONTAINED HEREIN. INNOVATE ENERGY PROVIDES NO GUARANTEE WHATSOEVER INCLUDING AS IT PERTAINS TO THE ABSENCE OF ERRORS, INTERRUPTIONS TO SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEB SITE, ITS CONTENT OR ANY LINKS OR FUNCTIONALITIES PROVIDED THROUGH THIS WEB SITE, INCLUDING IMPLIED WARRANTIES OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

4.Copyrights and Trade-Marks

All the content of the Web Site, including the text, images, logos, soundtracks, videos, and photographs, is protected pursuant to the Canadian Copyright Act. Any unauthorized use of the content of this Web Site, including all reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, performance, translation, distribution to the public or downloading is prohibited without the written authorization of Innovate Energy. Innovate Energy does not represent or warrant that such content does not infringe the rights of any other person or entity.

5.Personal Information

Our privacy practices are explained in our Policy Regarding Protection of Personal Information (the “Policy”), which also governs your visit to this Web Site. Your continued use of this Web Site implies that you acknowledge that you have read this Policy and agree to be bound by and accept its terms and conditions.

Even though personal information provided to Innovate Energy is subject to the Policy, we consider that any other information or material that you send to Innovate Energy over the Internet (including without limitation any comments, suggestions, ideas, images, photographs, etc.) may be used by Innovate Energy without restriction, limitation or remuneration of any sort.

For more information on our Policy, please review it here.

6.Electronic Communications

By providing us with your personal information, sending us an email or visiting the Web Site, you are communicating with us electronically. You then consent to receive electronic communications from us, either by Internet, e-mail or by notice posted on the Web Site in accordance with the Terms and the Policy. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

For clarity, we will not send you commercial electronic messages without your express consent.

7.Your User Profile

To use certain features of the Web Site, you may need, or will be given the opportunity, to create a user profile (a “User Profile”). To create a user profile, you must provide us with certain information, for example, your first and last names, your email address, and a cellphone number.

You are responsible for maintaining the confidentiality of your user profile. If you learn that the confidentiality of your user profile is compromised, you shall immediately advise Innovate Energy so it can avoid accepting any potential fraudulent or unauthorized use of your user profile.

Innovate Energy is not responsible for any unauthorized use of your user profile, and you agree to bear all responsibility for any acts committed through your user profile, unless you close it or report abuse or fraudulent use thereof.

The Web Site is meant for adults. People under 13 years old should not use it. Besides, if you are 13 years old or more, but you are not of legal age in your territory of residence, your parent or legal guardian should use this Web Site in your name, since you should not use this Web Site by yourself or provide personal information to Innovate Energy. Innovate Energy does not voluntarily collect information from children under 13 years old. Innovate Energy, the Partners, and their respective affiliates retain the right to close user profiles in their sole discretion.

8.Your Obligations

Your use of this Web Site must be in compliance with all applicable laws and regulations. You cannot: (i) use the Web Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any natural or legal person, use, without authorization, the user profile of such person, misquote such person or falsely state that you are affiliated with such person; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or other disabling mechanisms; (vii) use this Web Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Web Site; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Web Site or the Internet with useless traffic.

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Web Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libellous, or invasive of another’s privacy; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you, including without limitation any personal information belonging to minors.

9.Indemnity

Innovate Energy and the Partners are not responsible for any actions you take or refrain from taking in connection with the Web Site (your “acts”).

You agree that your acts are your sole and exclusive responsibility and acknowledge that you have performed them with full knowledge of the facts. Innovate Energy and the Partners shall not be liable for any breach of the Terms that you have or may have committed. Accordingly, you agree to indemnify Innovate Energy, the Partners, and their respective subsidiaries, parent company, officers, agents, representatives, directors, employees and business partners in the event that legal action is brought against them for a breach of the Terms that you or any other person who has access to your user profile have committed.

In all cases, you agree to defend, indemnify, and hold harmless Innovate Energy, the Partners, and their respective affiliates and subsidiaries, and each of their respective directors, officers, employees and commercial partners, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected to your access to or use of the Web Site as well as any violation of these Terms, laws or rights of a third party.

10.Links

Innovate Energy reserves the right to insert messages on the Web Site, messages that may lead to links or references to third-party Web sites. These links are provided for convenience only and do not mean that Innovate Energy endorses, recommends or guarantees the accuracy of any information, ideas, opinions, products or services contained in these messages or on these third-party Web sites. Innovate Energy is not liable for the content and practices referred to in third-party Web sites.

You may not create a link to this Web Site without the express written consent of Innovate Energy.

11.Monitoring

Innovate Energy may monitor access to, discussions and materials posted on the Web Site, and other activities relating to the Web Site, and take appropriate action with respect thereto. However, Innovate Energy does not make any representation or warranty that it will do so. You consent to any such monitoring and any action Innovate Energy may deem appropriate to take.

12.Notice

Any notice or other communication under these Terms must be made in writing and will be considered to have been validly given if it was sent by email or by registered mail to the following addresses:

To Innovate Energy

Attention: Julie D’Amore
E-mail address: julie.damore@equans.com

To the User of this Web Site

The email or postal address provided to Innovate Energy as part of a user profile or otherwise.

13.Errors

Innovate Energy makes no representation and does not guarantee that the content of the Web Site and each of its components will be exempt from errors, defects, viruses or other damageable components, or that access to it will be uninterrupted, or that these types of problems, if discovered, will be corrected.

14.Termination

Innovate Energy reserves the right, at its sole discretion, to prevent access to this Web Site in whole or in part, or to suspend or close your user profile with or without notice.

15.Renunciation

Innovate Energy’s failure to insist upon the full performance of any obligation under the Terms or to exercise any right conferred upon him shall not be deemed a waiver of such obligation or right. Any waiver by Innovate Energy of any right granted to him under these Terms shall be valid only if in writing and signed and shall be valid only with respect to the right and circumstances expressly contemplated by such waiver.

16.Reservation of Rights

All rights not expressly granted in these Terms are reserved to Innovate Energy. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right under a copyright, patent, trademark or other intellectual property right of Innovate Energy or any other person or entity.

17.Amendments

Innovate Energy reserves the right to amend these Terms from time to time, without notice. Notwithstanding the foregoing, Innovate Energy will advise you of any amendment to these Terms at least 30 days before they go into effect.

Following the posting of such changes, your continued use of this Web Site will constitute your acceptance of the Terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

18.Severability

Each provision of these Terms is separate and distinct and, if a provision of these Terms is held invalid, illegal or unenforceable, all other provisions will remain in full force and effect.

19.Governing Law

The Terms, the Web Site and its use are governed by applicable laws of the province of Quebec and the laws of Canada, without reference to the principles of conflict of law. The judicial district courts of the province of Quebec shall have sole jurisdiction to hear any case relating to the interpretation or application of these Terms.

20.Territorial Scope

Innovate Energy makes no guarantee that use of the content of the Web Site is either possible or appropriate outside of Canada. Innovate Energy makes no representation that the content of the Web Site may be used outside of Canada.

^{Updated as of November 1^st, 2019}