The Independent Electricity System Operator (the “IESO”) provides access to certain online portals, platforms and applications that enable authorised users to submit information to, and interact with, IESO programs and services.
These Terms of Use apply only to your access to and use of this Cost-Effectiveness Calculator Portal (the “Portal”) and any content, outputs, features, functionality, and materials made available through the Portal (collectively, the “Portal Services”). These Terms of Use do not apply to the IESO’s public website, which is governed by separate website terms of use.
The Portal Services are made available to users authorized by the IESO on the following terms and conditions (these “Terms of Use”). Please carefully review these Terms of Use periodically as they are subject to change.
By accessing or using any part of the Portal Services (including by accessing the Portal, creating an account, or clicking “I agree” (or similar) where presented), you agree to follow and be bound by these Terms of Use. If you are accessing or using the Portal Services on behalf of a company or other organisation, you represent and warrant that you have authority to bind that company or organisation, and “you” includes that company or other organisation.
If you do not agree to these Terms of Use, do not access or use the Portal Services.
The IESO may change these Terms of Use at any time. Any changes will be effective immediately upon posting or as otherwise indicated. Your continued use of the Portal Services following any such change constitutes your agreement to follow and be bound by these Terms of Use, as changed. Where the IESO requires you to affirmatively accept updated Terms of Use to continue using the Portal Services, you must do so as a condition of continued access.
1. Definitions (Portal-specific)
In these Terms of Use:
“Account” means the user account and credentials issued or enabled for you to access the Portal.
“Authorised User” means an individual authorised by the IESO (or by an organisation authorised by the IESO) to access and use the Portal. Authorised Users may include individuals acting on behalf of a company or other organisation who have authority to bind that entity and require access to, and use of, the Portal on its behalf.
“Content” has the meaning set out below.
“User Inputs” means any data, information, files, numbers, text or other materials you submit, upload, transmit or otherwise make available through the Portal.
“Output” means any results, reports, calculations, comparisons or other information generated by the Portal based on User Inputs.
“Portal” means the IESO online portal, platform or application through which you access the Portal Services.
“Portal Services” has the meaning set out above.
2. Intellectual Property Rights
The IESO’s logos and certification marks and any other product or service name or slogan contained in the Portal Services are trade-marks of the IESO or its licensors and they may not be copied, imitated or used, in whole or in part, without the prior written permission of the IESO or the applicable trade-mark holder.
The Portal Services are protected by Canadian copyright law. Except as otherwise provided for under Canadian copyright law or as expressly stated in respect of specific information in the Portal Services, all information in the Portal Services is Copyright © 2004–present Independent Electricity System Operator, all rights reserved.
As between you and the IESO, the IESO owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Portal Services, including all written, audio visual or other materials and graphical elements (the “Content”). Subject to these Terms of Use and provided that the following is included on all reproductions, “Copyright © 2004–present Independent Electricity System Operator, all rights reserved.”, you are granted a limited, non-exclusive, non-sublicensable, non-transferrable licence to access and use the Portal Services and to use and reproduce the Content solely for your internal business purposes in connection with your authorised participation in IESO programs and services.
The IESO’s express, prior, written permission is required for the use or reproduction of any Content that is not included in the licence above, such as trade-mark rights, Portal code and/or the use of Content for any purpose not expressly permitted above.
Notwithstanding the foregoing, the Content and/or your use of the Portal Services may be subject to a separate agreement you may have with the IESO or to supplemental terms or conditions that are included in or accompany the Content or Portal Services (including program-specific terms, participation agreements, or other terms presented within the Portal), in which case you agree that to the extent the separate agreement or supplemental terms are inconsistent with these Terms of Use, the separate agreement or supplemental terms will prevail to the extent of the inconsistency. Any use of the Content or Portal Services other than as specifically authorised herein (or in such separate agreement or supplemental terms and conditions) is strictly prohibited and will terminate the foregoing licence.
3. Accounts; Access Credentials; Security
If you are provided an Account, you must:
The IESO may suspend, disable or terminate any Account (including for security reasons or suspected misuse) in accordance with these Terms of Use and any applicable program requirements.
4. User Inputs; Outputs; Responsibility for Use
You are solely responsible for:
Outputs are generated based on User Inputs and assumptions and may not be complete, accurate or suitable for your purposes. The Portal Services are not a substitute for professional, technical, financial, engineering or legal advice.
You represent and warrant that you have all rights, permissions and authority necessary to submit User Inputs through the Portal and to permit the IESO and its service providers to process User Inputs as contemplated by these Terms of Use and the Privacy Policy.
5. Acceptable Use (Portal)
As a condition of accessing the Portal Services and the Content, you agree not to:
6. Suspension; Termination; Investigation
The IESO may, at any time and without liability, suspend or restrict your access to the Portal Services (in whole or in part) where the IESO reasonably determines that:
The IESO or its service providers may investigate known or suspected breaches and may co-operate with law enforcement or regulators where required or permitted by law.
7. Disclaimer and Limitation of IESO’s Liability
Your use of the Portal Services and Content is exclusively at your own risk. The IESO and its directors, officers, employees, agents and representatives (collectively, the “IESO Group”) assume no responsibility whatsoever for the availability, accuracy, completeness or currency of any part of, or information in, the Portal Services or any Content, Output or other materials made available through the Portal Services. The IESO and each member of the IESO Group have no obligation, and disclaim any duty, to update or correct any part of, or information in, the Portal Services, Content or Output.
The IESO provides the Portal Services, including all the information in the Portal Services and Content, solely on an “as is” and “as available” basis. Neither the IESO nor any member of the IESO Group provides any representation, warranty, condition or guarantee whatsoever respecting the Portal Services, including: (a) any representation, warranty, condition or guarantee that any part of, or information in, the Portal Services is available, accurate, complete, current or free from viruses or other destructive features; or (b) any implied representation, warranty, condition or guarantee of merchantability, fitness for a particular purpose or use or non-infringement of any right of any third party.
In no event whatsoever will the IESO or any member of the IESO Group be liable, in respect of the Portal Services (including all Content and Output), for any matter whatsoever, to any individual, partnership corporation or company, with or without share capital, trust, foundation, joint venture, governmental authority or any other incorporated or unincorporated entity or association of any nature for: (a) direct damages; (b) indirect, special, incidental, contingent or consequential damages (including for loss of actual or anticipated revenue or profits, loss of goodwill, loss or damage to data or any other information, failure to realise expected savings or loss of use arising in respect of the use of, or reliance on, any part of, or information in, the Portal Services or for any other economic loss whatsoever), even if the IESO or a member of the IESO Group has been advised of the potential for such damages; (c) punitive, exemplary or aggravated damages; or (d) contribution or indemnity.
8. Indemnity (User to IESO)
You will indemnify and hold harmless the IESO and each member of the IESO Group from and against all fines, penalties, claims, demands, liabilities, damages, costs and expenses on a dollar for dollar full indemnification basis (including lawyer’s fees and expenses) arising in respect of:
(a) your use of the Portal Services (including the Portal and any User Inputs you submit);
(b) any breach by you of any of these Terms of Use;
(c) your failure to comply with any applicable laws, statutes, regulations, by-laws, rules, codes or treaties; or
(d) any of your intentional wrongdoings.
9. Hyperlinks
The Portal Services may contain hyperlinks or pointers to other websites located on servers maintained by third parties over which the IESO has no control. Accordingly, your use of any such other websites is entirely at your own risk and the IESO assumes no responsibility whatsoever for any use of any such website. None of the hyperlinks or pointers to such other websites implies that the IESO authorises, endorses or sponsors any such other website or any information in any such other website.
If you create a link to the Portal Services (where linking is technically possible), you may not: (a) state or imply that the IESO authorises, endorses or sponsors any of the goods, services or other information in the other website; (b) misrepresent the relationship, if any, between the other website and the IESO; or (c) use any IESO trade-marks, service marks, trade names, copyright or other proprietary or intellectual property rights of the IESO (including for metalinking purposes) without the IESO’s prior written consent.
10. Internet Software or Computer Viruses
Internet software or transmission problems or technical difficulties could produce inaccurate or incomplete copies of information contained in the Portal Services. Computer viruses or other destructive programs may also be inadvertently downloaded from the Portal Services. The IESO will not be liable for Internet software, computer viruses or destructive programs and recommends that you install appropriate anti-virus or other protective software.
11. Privacy
The IESO is committed to the accuracy, confidentiality, security and privacy of your information as outlined in the IESO’s Privacy Policy. Where you access or use the Portal Services, you acknowledge that the IESO and its service providers may collect, use, disclose, store and process information (including User Inputs and technical/log information) in accordance with the Privacy Policy and applicable law.
12. FIPPA and Freedom of Information
As the IESO is subject to the Ontario Freedom of Information and Protection of Privacy Act (FIPPA), information submitted through the Portal may be subject to access to information requests and may be disclosed to third parties as required by law. The IESO may also be required to disclose such information to governmental authorities, regulators, or pursuant to court order, regardless of any other provision in these Terms of Use.
13. Cross-Border Storage and Access
User Inputs and other Portal data may be stored and processed in Canada, the United States, or in certain limited cases, India. By using the Portal Services, you consent to this cross-border data storage and access.
14. Governing Law and Forum
The laws of Ontario and the laws of Canada applicable in Ontario will govern your use of the Portal Services and Content and any suit, action or other proceeding, or dispute or other controversy respecting the Portal Services. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario in respect of any suit, action or other proceeding made or brought by you in respect of the Portal Services for any matter whatsoever. You may not commence any suit, action or other proceeding in respect of the Portal Services for any matter whatsoever, except in Toronto, Canada.
15. Severability
If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
16. Inquiries
Inquiries or requests for support related to the Portal should be addressed by e-mail to LDC Support at LDC.Support@ieso.ca. To report security breaches or unauthorised use of the Portal Services, e-mail infosec@ieso.ca. For questions concerning these Terms of Use or privacy matters, please contact IESO Communications or e-mail Privacy@ieso.ca.
17. Subcontractors
The Portal and Portal Services may be supported by the IESO’s service provider’s and their permitted subcontractors. The IESO may delegate certain Portal Services operations or support to third party providers.
