Legal Items

Enbridge

REBATE REDEMPTION TOOL AGREEMENT FOR ENBRIDGE GAS CUSTOMERS

This Rebate Redemption Tool is provided by Nest Labs, Inc. (“Nest”) and allows you to participate in a rebate program for residential customers offered by Enbridge Gas Distribution Inc. (“Enbridge Gas”) called the Enbridge Smart Thermostats Bill Credit Program (the “Program”). The Program gives eligible Enbridge Gas residential customers a $100 credit on their Enbridge Gas account for their Nest Thermostat (the “Rebate”).

Your agreement to these terms (“Agreement”) gives Nest permission to access, use and share certain information with Enbridge Gas, including information you submit to the Rebate Redemption Tool, to enable Enbridge Gas to verify your eligibility for the Rebate under the Program, pursuant to the terms and conditions below. This Agreement also gives Enbridge Gas permission to share certain information, including information you submit to the Rebate Redemption Tool, with the Province of Ontario (the “Province”), the Independent Electricity System Operator or any successor thereto (“IESO”) and the following participating local distribution companies (each, an “LDC”), pursuant to the terms and conditions below: Toronto Hydro-Electric System Limited.

By submitting this Agreement, you agree to accept and be legally bound to the terms and conditions of the Program. You agree that your failure to comply with the terms and conditions of the Program will make you ineligible for the Rebate. Full terms and conditions of the Program can be found at https://enbridgesmartsavings.com/terms-and-conditions.

Nest will provide the Rebate Redemption Tool in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/ca/legal) and applicable laws and regulations.

“Nest Thermostat” means each of (i) the Nest Learning Thermostat, 3rd Generation (Model #: T3007EF); or (ii) the Nest Thermostat E (Mode #: T4000EF).

Eligibility Requirements

The Rebate is available to Enbridge Gas residential customers who meet certain eligibility requirements. In order to participate, you must meet the following eligibility requirements: (1) you must be an Enbridge Gas residential customer with an active Enbridge Gas account number at the residence associated with your Nest Thermostat, you must use natural gas, propane or oil for home heating, and your Nest Thermostat must operate your heat source; (2) the residence that is linked to your Nest Thermostat must be located within Enbridge Gas Program Delivery Area; (3) your residence must be a single family home (detached, semi-detached, and townhouse homes only); (4) you must have an active Nest account linked to your Nest Thermostat; (5) you must have a Wi-Fi connection at your residence sufficient to communicate that your Nest Thermostat has been successfully installed, activated and paired to Nest’s services; (6) you must activate your Nest Thermostat and submit an online Rebate application after (i) January 1, 2017 if you are redeeming the Rebate for a Nest Learning Thermostat; or (ii) September 1, 2017 if you are redeeming the Rebate for a Nest Thermostat E, and in each case before December 31, 2017; and (7) agree to the terms and conditions set forth in this Agreement and set out in the Program terms and conditions. Enbridge Gas customers who reside in multi-unit residential buildings and condominiums are not eligible for the Rebate. Customers who fuel their home with propane or oil will receive the credit by way of cheque.

Participation in the Program is limited to one Rebate per household. The Program ends on December 31, 2017.

Rebates(s)

Rebates will be provided pursuant to the Program. The Rebates are provided solely by Enbridge Gas and, as applicable, the IESO and your LDC. Nest bears no responsibility for the Rebates. You acknowledge that Nest is facilitating your ability to claim Rebates, but Nest is not providing you any compensation or other financial benefit, and your permissions to Nest are not contingent on receipt or amount of the Rebates. Nest makes no promise of any specific Rebate amount. Enbridge Gas, the Province, the IESO, and the applicable LDC(s) reserve the right to seek further information to verify your eligibility for the Rebates.

Agreement

By submitting this Agreement, you agree that:

Nest may share certain information (including, but not limited to, your name, email address, service address, phone number, Enbridge Gas account number, Nest Thermostat serial number, activation date, Nest account status, the wiring of your Nest Thermostat, whether or not you have central air conditioning, whether or not you have central air conditioning with a standard thermostat (as identified by Nest), the installation date of your Nest Thermostat, other information submitted by you in the Rebate Redemption Tool, and related details) with Enbridge Gas to verify that you are eligible for the Rebate under the Program.

Enbridge Gas may share certain information (including, but not limited to, your name, email address, service address, phone number, Enbridge Gas account number, Nest Thermostat serial number, activation date, Nest account status, the wiring of your Nest Thermostat, whether or not you have central air conditioning, whether or not you have central air conditioning with a standard thermostat (as identified by Nest), the installation date of your Nest Thermostat, other information submitted by you in the Rebate Redemption Tool, and related details) with the Province and 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 among Enbridge Gas, the Province, the LDCs, and/or the IESO for the following purposes: to determine if the Rebate you receive is eligible for contribution from the Province, the IESO or any LDCs, evaluate the comprehensive energy impact of the Nest Thermostat, develop new programs and services, and to evaluate each of (i) the Program, and (ii) the Province’s investment in the Program through the Province’s Green Investment Fund.

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).

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or Enbridge Gas may terminate this Agreement and not approve your application for a Rebate if you are not truthful in the information you submit as part of this Agreement, if you do not satisfy eligibility requirements, or for any other reason. You are using Nest’s Rebate Redemption Tool and applying for a Rebate on a voluntary basis.

You agree to participate in any follow up surveys, studies, audits, evaluations or verifications conducted by Nest, Enbridge Gas, the Province, the IESO, or your LDC in connection with the Program. You agree that Enbridge Gas, the Province, your LDC, and the IESO may contact you for marketing purposes in connection with energy-efficiency programs. You agree that Enbridge Gas, your LDC, and the IESO may contact you for marketing purposes in connection with energy-efficiency programs.

You agree to use the Rebate Redemption Tool in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/ca/legal) and applicable laws and regulations.

You release and hold harmless Nest, Enbridge Gas, the IESO and the LDCs from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Program or your use of the Rebate Redemption Tool.

You acknowledge and agree that the limitation of liability and indemnity set out in the full terms and conditions of the Program at https://enbridgesmartsavings.com/terms-and-conditions shall also apply.

This Agreement is effective upon your submitting this Agreement.