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Terms of Service
The ESA ON Mobile Application (“App”) is a third party software licensed to the Electrical Safety Authority (“ESA”). The Licensed Electrical Contractor Online Portal (“Website”) is secured, owned and operated by the Electrical Safety Authority. For the purposes of these Terms of Service the App and the Website are collectively referred to herein as the “Platform”.
Use of the Platform is subject to the following Terms of Use, Disclaimers, and Legal Notices as stated below. By using the Platform in any manner whatsoever, you represent and warrant that you possess the legal right and ability to enter into the below Terms of Service and to use the Platform in accordance with these Terms of Service and any applicable rules applied by Apple Inc. and Google Inc. with respect to their App Store and Play Store (“App Stores”). ESA disclaims any liability arising from or in relation to use of an App Store.
In order to access the Platform, you must have a device that is compatible with the requirements of the App Stores and an ESA Customer Account (“Account”).
ACKNOWLEDGEMENTS
These Terms of Service apply to the use of the Platform, including any updates. ESA may change or revise these terms of service from time to time, in its sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit the Terms of Service page in the Platform to review the current Terms. Your access and use will be subject to the most current version of the Terms. Your use of the Platform after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
From time to time, updates to the Platform may be made available through the App Stores and you may not be able to use the Platform until you have installed the latest version.
You agree to comply with all the provisions of the Ontario Electrical Safety Code (“OESC”). You acknowledge that use of the Platform does not alleviate you from any legal obligations nor does it allow for deviations from any legal requirements under the OESC or the Electricity Act, 1998.
LIMITATION OF WARRANTIES AND DISCLAIMER
By using the Platform you expressly agree that all access and use of the Platform and any information, including photographs and/or videos uploaded into the Platform, is at your sole risk. You assume all risks associated with the use of the Platform. The Platform and any information provided on it is on an “as is” and “as available” basis without any representations, warranties or conditions of any kind including without limitation, implied warranties or conditions of fitness for a particular purpose or use, or non-infringement. ESA makes no warranty that the Platform and any materials or information provided will meet your requirements or that the service will be uninterrupted, timely, secure, or error-free. ESA makes no warranty regarding the Platform, the materials or information obtained from use of the Platform, or any transaction entered into through the Platform, or to the accuracy or reliability of any information obtained through the Platform or that defects in the software used in the provision of the Platform will be corrected. Although reasonable efforts are made to ensure that the Platform will be current and will contain no errors or inaccuracies, ESA does not warrant or represent its accuracy and completeness. ESA disclaims any warranty, express or implied, that the Platform (or any information contained therein) is free of viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. ESA assumes no responsibility for the deletion or failure to store any data or other information provided by you on the Platform, including loss of photographs and/or videos stored on the Platform.
ESA reserves the right, in its sole discretion, to make the final determination on whether an electrical installation qualifies for a remote inspection and the outcome. ESA does not warrant or guarantee through its inspection process the indemnification of all defects or non-compliance with the OESC.
LIMITATION OF LIABILITY
By using the Platform, you acknowledge that ESA specifically disclaims any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any loss of profits or revenues, business interruptions, loss of contract, cost of capital loss, loss of business opportunity, delay, loss of goodwill, loss of data, or for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, exemplary or special damages, personal injury or death, arising out of or in any way connected with your access or use of the Platform including, but not limited to, any liability associated with any viruses which may infect your computer equipment or mobile device. The limitations and exclusions on liability will apply even in the case of fault or negligence on the part of ESA, and will extend to the benefit of ESA’s officers, directors, employees, agents, assigns, representatives, sub-consultants and affiliates.
ESA shall not be subject to liability or penalty arising from or in connection with the failure to deliver, delay or interruption of service due to force majeure, including, without limitation, weather conditions, fire, accident, work stoppage or slowdown or other reasons beyond the reasonable control of ESA.
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. ESA will not be responsible for any damages you or any third-party may suffer as a result of the transmission of confidential information that you make to any party through the Platform or through any links provided therein. ESA is not responsible for any errors or any changes made to transmitted information.
USE OF THE PLATFORM
You shall not share the content of the Platform with any other person who is not in your employ or who is part of any other corporate entity. This Platform is intended to be used by licensed electrical contractors and customers for the purpose of accessing ESA’s online service offerings. The services available through the Platform are provided at the discretion of ESA and ESA reserves the right, in its sole discretion, to make the final determination on which services will be available.
REMOTE INSPECTIONS
This Platform is intended to be used to allow contractors and customers to collect and submit information, including photographs and/or videos, to assist in demonstrating that electrical installations are in compliance with the OESC. Use of the Platform to submit photographs and/or videos does not ensure that a physical on-site inspection will not be required. Once photographs and/or videos are submitted they are subject to ESA’s inspection process and ESA reserves the right, in its sole discretion, to make the final determination on whether an installation qualifies for a remote inspection and the outcome.
MANAGEMENT OF USERS
An Account Administrator for the authorized Account holder will be granted access to the Platform and will be responsible for maintaining the strict confidentiality of your log-in name and password and for any and all Account activities. You agree to immediately notify ESA of any unauthorized use of your Account or any other breach of security known to you. ESA is not responsible for the conduct, usage, actions and/or any costs incurred by any individual who is given access to use your Account. Account Administrators are responsible for any and all changes made to information accessible under their Account, including but not limited to granting and removing Account access to any individuals authorized to use the account holder’s account (e.g. employees) (“Users”). ESA can only grant or remove access to the Account Administrator, it is the sole responsibility of the Account Administrator to grant or remove User access to the Account and to update their records when Users are hired or terminated. ESA will not be responsible for any breach of Account security by a User or individual no longer employed by the authorized account holder.
ESA can block an Account at any time should any concern arise regarding inappropriate activity/use of the Account or non-compliance of any required activity governed under ESA’s authority.
ACCOUNT ACCESS AND PASSWORDS
Your password is the key to your Account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password and notify ESA.
OFF-LINE FUNCTIONALITY OF THE PLATFORM
If you elect to use the Platform while not connected to the internet, any photographs and/or videos uploaded will be temporarily stored within the Platform on your device until connectivity is restored. Once re-connected to the internet the photographs and/or videos will be available for upload to the Platform’s database. ESA assumes no responsibility for the photographs and/or videos while they are stored in the App on the device or in the Platform’s database, including loss of the photographs and/or videos or accuracy of the geo-tagging information.
USE OF LOCATION SERVICES
Use of the Platform requires sharing precise device location to provide geo-tagging information for photographs and/or videos. By using the Platform you agree to enable Location Sharing on your device and to ESA’s right to use that information for its regulatory purposes.
LICENSE
Subject to these Terms, the App Store Rules and Play Store Rules (as applicable), ESA grants to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the Platform for the purposes of accessing ESA’s Remote Inspection tool and Licensed Electrical Contractor Portal. Any other use of the Platform is strictly prohibited. ESA reserves all rights in and to the Platform. ESA reserves the right, in its sole discretion, to revoke this license at any time.
RESTRICTIONS OF USE
You agree:
a) not to use the Platform in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform;
b) not to use the Platform to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
c) not to use the Platform in a way that could damage, disable, overburden, impair or compromise ESA systems or security or interfere with other users, or restrict or inhibit any other users from using the Platform (including by hacking or defacing the Platform); and
d) not to collect or harvest any information or data from the Platform or ESA systems or attempt to decipher any transmissions to or from the servers running the Platform, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Platform content or reproduce or circumvent the navigational structure or presentation of the Platform without ESA’s prior written consent.
COPYRIGHT/PROPRIETARY RIGHTS
The contents of the Platform, including but not limited to text, publications, graphics, images, HTML code, multimedia clips, Java code, audio, software, the selection and arrangement of information and other words (the “Materials”) are protected by copyright and other intellectual property laws under both Canadian and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, patent and other laws. You must retain all copyright and proprietary notices contained in the original Materials on any copy you make of the Materials. Using the Platform does not give you ownership of any intellectual property rights in the services or the content you access. You may not use content from ESA services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in ESA services. Do not remove, obscure, or alter any legal notices displayed in or along with ESA services. The content may not be otherwise used, reproduced, broadcast, published or transmitted without the prior written permission of ESA.
By using the Platform to submit photographs or videos and any associated geo-tagging information, you expressly agree to allow ESA to use the submitted information for its regulatory purposes. Once uploaded to the ESA database all information will become part of the inspection report for the associated property and will be subject to ESA’s policies, procedures, applicable laws or pursuant to ESA’s administrative agreement with the Province of Ontario.
INDEMNITY
You expressly agree to indemnify, defend and hold harmless ESA, its volunteers, affiliates, officers, directors, employees, consultants, agents, subsidiaries and affiliated companies, and their employees, officers and directors from and against any and all claims, losses, damages, liabilities, judgements, settlements, or costs, including lawyer’s fees, arising or resulting from or in any way connected with your use of any aspect of the Platform, your violation of these Terms of Service, or your infringement of any intellectual property or other right of any person or entity. This indemnity shall survive the termination of this agreement.
PRIVACY
You must have an Account to use the Platform. By using the Platform and its related sites, application, services and tools, and/or registering for an ESA Account, you expressly consent to our collection, use, disclosure, and retention of your Account information.
ESA is committed to maintaining the privacy and security of personal information in accordance with applicable legislation and best practice principles of privacy. ESA will only disclose personal information in accordance with our Access and Privacy Code and Customer Privacy Policy, which can be found on ESA’s website www.esasafe.com .
SECURITY
ESA protects your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.
We take steps to ensure that the Account information we collect is accurate and up to date. We retain information as long as it is necessary and relevant for our operations. In addition, we may retain Account information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, and assist with any investigation.
EVENTS OUTSIDE ESA’S CONTROL
ESA will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications or wifi networks.
LAW AND JURISDICTION
To the extent permitted by applicable law, these Terms are governed and construed by the laws of the province of Ontario and you consent to the non-exclusive jurisdiction of the courts of Ontario. We retain the right to bring proceedings against you for breach of these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these obligations.
SEVERABILITY
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
SURVIVAL
The provisions of these Terms of Service that should by their nature survive termination of this agreement shall survive such termination.
CONTACT US
If your questions are not answered online, you may write to us at:
Electrical Safety Authority
Attn: Legal Department
155A Matheson Boulevard West, Suite 200
Mississauga, ON L5R 3L5
You may also send an email message to our general mailbox at esa.onlinesupport@electricalsafety.on.ca .
PRIVACY POLICY
1. User Privacy
By using ESA’s Online System and its related sites, application, services and tools, and/or registering for an ESA account, you expressly consent to our collection, use, disclosure, and retention of your account information.
Throughout this Privacy Policy, we use the term "personal information" to describe information that can be associated with a specific person or corporate entity and could be used to identify that person or entity.
When you visit our website we will not collect your personal information unless you choose to use services that require it. This includes requests for service that require credit card transactions. Personal information provided under these circumstances is not released outside our organization, subject to section 5 below.
2. Collection of Personal Information
Personal information is associated to your account only when you sign in as a registered user. If you register for an account with us, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers.
3. Use of Personal Information
Our primary purpose in collecting personal information is to provide you with access to our sites and/or use of our services, applications and tools, provide you with requested customer service and relevant information about your account and our services, and to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
4. Marketing
We do not sell or rent your personal information to third parties. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
5. Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with this Privacy Policy and applicable laws and regulations.
6. Our Use of Cookies
This website uses “cookie” technology for the sole purpose of maintaining login sessions for signed in users. Cookies cannot reach beyond your computer hard disk, and do not damage your system. You can choose whether to accept cookies by changing the settings of your internet browser.
7. Accessing, Reviewing, and Changing Your Personal Information
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify ESA or change your password online.
You can see most of your account information by signing on to your ESA account. We do retain information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, and take other actions otherwise permitted by law.
8. How We Protect and Store Your Personal Information
We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.
We take steps to ensure that the account information we collect is accurate and up to date. We retain information as long as it is necessary and relevant for our operations. In addition, we may retain account information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, and assist with any investigation.
Contact Us
If your questions are not answered online, you may write to us at:
Electrical Safety Authority
Attn: Legal Department
155A Matheson Boulevard West, Suite 200
Mississauga, ON L5R 3L5
You may also send an email message to our general mailbox at esa.onlinesupport@electricalsafety.on.ca .