Manitoba Race To Reduce Logo

Terms and Conditions

Part A - Terms and Conditions

     
  1. The Owner shall agree to and comply with all terms and conditions for the Manitoba Race to Reduce Program (“Program”) and any other requirements(s) of the Program.
  2.  
  3. The term “Owner” where used is deemed to refer to all Owners of the Building, which shall include any Representative (such as building manager, occupant of a portion of the Building with individualized energy account, etc.) expressly designated and authorized by the Owner to act on the Owner’s behalf in the “Authorized Person Information” section of the Program application form (“Application”).  If the Owner is applying for more than one building under this Application, the term “Building” where used is deemed to refer to each and every such buildings.
  4.  
  5. To be eligible for participation in this Program, the Owner must meet the below Program Eligibility Criteria (“Program Eligibility Criteria”): 
    1.  
    2. The Owner must be the owner of the Building or authorized by the Owner as described in Section (2);
    3.  
    4. The Building(s) must be registered and actively maintained under ENERGY STAR® Portfolio Manager (http://www.nrcan.gc.ca/energy/efficiency/buildings/energy-benchmarking/3693 and https://portfoliomanager.energystar.gov/pm/login.html?lang=en), and the energy supply for the Building must be provided by Manitoba Hydro under one or more active energy account(s) under the name(s) of the Owner and/or occupant(s);
    5.  
    6. The Owner must submit to and timely update the Portfolio Manager account for the Building with all energy consumption data and, account and Building information, and the Owner must authorize and hereby authorizes and its program participants, including but not limited to, Manitoba Hydro, Summerhill Inc. and the Province of Manitoba, free and perpetual right to access, use, reproduce, and disseminate, all information and data relating to the Building in the ENERGY STAR Portfolio Manager account(s) for their respective purposes;
    7.  
    8. New participants are eligible to sign-up for Manitoba Race to Reduce from December 2016 to December 2020.
    9.  
    10. The Owner must have full authority (including, without limitation, all necessary consents) to participate in the Program, including, without limitation, the sharing of all required information such as their energy consumption data.
    11.  
    12. Any Application that is late, incomplete, illegible, or contains erroneous or misleading information or material, as determined by Manitoba Race to Reduce in it sole discretion, will not be processed and the Owner and Building will not be entered into the Program.
    13.  
  6. If the Owner wishes <Manitoba Race to Reduce> to apply and register any Building on ENERGY STAR Portfolio Manager, the Owner must complete the authorization section on the Application to empower <Manitoba Race to Reduce> to so act on behalf of the Owner.
  7. The Owner understands and acknowledges that <Manitoba Race to Reduce> and its program sponsors are not affiliated with or part of Natural Resources Canada, the U.S. Environmental Protection Agency, or the U.S. Department of Energy.  ENERGY STAR Portfolio Manager website service and database are not owned, operated, hosted, controlled, or endorsed, by <Manitoba Race to Reduce> or any of its program sponsors, and that <Manitoba Race to Reduce> and its program sponsors have no control whatsoever over the operation of ENERGY STAR Portfolio Manager including, without limitation, how any information or material relating to the Owner or Building will be handled, stored, used, or further distributed.  The Owner shall solely be responsible for first assessing and determining the suitability, effectiveness, and safety, of ENERGY STAR Portfolio Manager with respecting to the Owner, the Building, any other persons, and respective use(s) and purpose(s), and the Owner, and any questions or concerns must be addressed and resolved directly between the Owner and the owner(s)/operator(s) of ENERGY STAR Portfolio Manager.
  8. The Owner shall populate and timely update energy complete and accurate account information relating to the Building to corresponding ENERGY STAR Portfolio Manager account(s).  When and where available, the Owner may wish to request and authorize the Owner’s energy supplier to perform such information transfer onto Portfolio Manager, and in any such event, the Owner may do so within ENERGY STAR Portfolio Manager and the Owner must carefully read and comply with all requirements, terms, and conditions, of its energy supplier including without limitation to PART B Authorization to Release Data.
  9. The Owner warrants and represents that the Owner, the Building, and all other matters relating to this Application, qualify and comply with the Program Eligibility Criteria, the information contained in the Application is true and correct, and the Owner shall comply with all Program requirements unless specifically waived by <Manitoba Race to Reduce> in writing. The Owner warrants and represents that it has the full, unfettered, authority to provide and share any information and material(s) required under this Program and that all information and materials provided are complete and accurate.  <Manitoba Race to Reduce> reserves the right to, at any time, verify the accuracy and authenticity of same.
  10. Progress and results of the Program, such as race rankings and statistics on Building energy consumption, will be made available by <Manitoba Race to Reduce> on <URL etc.>.  All such information shall be provided “as is, where is” and “as available” without any warranty, and <Manitoba Race to Reduce> and its <program sponsors> make no representations or guarantees and disclaims all warranties, conditions, undertakings, or terms, express or implied, written or oral, including, without limitation, any express or implied warranties as to accuracy, completeness, reliability, timeliness, currentness, or fitness for any particular purpose or otherwise.
  11. The Owner agrees, and shall cause applicable person(s) to agree, that no compensation or remuneration (e.g. incentive, prize, rebate, etc.) shall be provided for participation in the Program or ENERGY STAR Portfolio Manager, or for supply of any information or material to or from the Program or ENERGY STAR Portfolio Manager.
  12. In no event shall <Manitoba Race to Reduce> or any of its <program sponsors>, or any of their respective directors, officers, employees, affiliates, agents, representatives, successors, or assigns, be liable for any direct, indirect, or incidental damages, injury, death, loss, costs or expenses howsoever caused, including but not limited to special, compensatory, punitive, or consequential damages, lost revenue, business interruption, lost or damaged data, equipment, or property, or any other commercial or economic loss, whether based in contract, tort, (including negligence), or any other theory of liability, arising out of or resulting from anything relating to participation in the Program (or any termination or cancellation thereof), registration with or use of ENERGY STAR Portfolio Manager, or any access to, use of, or reliance on, any information or material provided to or by <Manitoba Race to Reduce> or any of its <program sponsors>, or even if <Manitoba Race to Reduce> or any of its <program sponsors> has been advised of the possibility of any of same.
  13. <Manitoba Race to Reduce> and its <program sponsors> reserve the right to visit and evaluate the Building at any reasonable time under reasonable notice to the Owner.  Program participation may be cancelled if an evaluation is refused or upon discovery of any failure to comply with any requirement of the Program.
  14. The Owner may at any time terminate its participation in the Program by written notice to <Manitoba Race to Reduce>.  If at any time the Owner wishes to terminate its ENERGY STAR Portfolio Manager account(s) and/or terminate supply of energy account information relating to the Building to ENERGY STAR Portfolio Manager account(s), the Owner shall also inform <Manitoba Race to Reduce> and participation by the Owner/Building in the Program will also be terminated.  If, at any time, in <Manitoba Race to Reduce>’s sole discretion, any requirement of the Program is not met or performed to <Manitoba Race to Reduce>’s satisfaction, any term(s) or condition(s) is breached, or any information or material(s) submitted to <Manitoba Race to Reduce> is incomplete, inaccurate, or misleading, <Manitoba Race to Reduce> may in its sole discretion and without prejudice to any other rights or remedies available hereunder or at law or equity, immediately terminate participation by the Owner and/or Building in the Program.  Upon any such termination, <Manitoba Race to Reduce> may delete any and all progress and results on <URL etc.> respecting the Owner and/or the Building.
  15. The Owner is responsible for the Building and any and all energy efficiency measures that may be evaluated and/or undertaken, and for complying with all applicable laws, regulations, or by-laws regarding permits, codes, restrictions, or inspections.
  16. The Owner shall fully indemnify and hold harmless <Manitoba Race to Reduce> and its program sponsors, and their respective officers, employees, agents, contractors, successors and assigns from and against any and all claims, suits, actions, causes of action, loss, damage, costs and injury (including death), caused by or resulting in any way from application to or participation in the Program and/or ENERGY STAR Portfolio Manager, or this Agreement.
  17. Decisions of <Manitoba Race to Reduce> and its program sponsors relating to the Program, including without limitation eligibility for and termination of participation, shall be final and binding and not subject to appeal.  
  18. <Manitoba Race to Reduce> reserves the right to at any time revise or terminate the Program or revise any Program requirement(s) without prior notice. By applying for this Program, the Owner acknowledges that <Manitoba Race to Reduce> and its program sponsors, or their agents, may contact the Owner regarding this Program and in respect of their (other) program(s), product(s), and/or service(s).
  19. This Agreement is binding on the Owner, and its heirs, executors, administrators, successors, and permitted assigns. This Agreement shall be subject to, interpreted, performed and enforced in accordance with the laws of the Province of Manitoba and the parties shall attorn to the exclusive jurisdiction of the courts of the Province of Manitoba.

Part B - Authorization to Release Data

     
  1. By checking “I, the Customer, have read and understood the above Terms and Conditions”, you hereby request and authorize Manitoba Hydro to release all energy consumption data and, account and Building information from your energy account(s) with Manitoba Hydro (for electricity and/or natural gas, as registered with Manitoba Hydro) to Natural Resources Canada, and the U.S. Environmental Protection Agency and the U.S. Department of Energy (collectively “Recipients”).  The data to be released will include past energy consumption data and corresponding billing data dating back to the time of creation of your energy account(s), and future data until the time of termination of your account(s), or when you notify Manitoba Hydro in writing to cease further data release, or when Manitoba Hydro ceases further data release, whichever is earliest.  The current method of data release is by uploading such data via the Internet onto the ENERGY STAR® Portfolio Manager website and database: past data will be released via a one-time upload, and future data will be incrementally uploaded after billing periods. Method of data release may change from time-to-time as may be required by the Recipients or Manitoba Hydro. Manitoba Hydro will not be responsible for redacting or otherwise processing any of the data for or after release to the Recipients.  After release, Manitoba Hydro does not retract, erase, or modify, any data after release to the ENERGY STAR Portfolio Manager website, and will not re-release any data to the ENERGY STAR Portfolio Manager website or database.
  2.  
  3. To request this service by Manitoba Hydro, you must have active energy account(s) with Manitoba Hydro, and you must have the full power and authority to authorize the release of the data to the Recipients.  For example, in the case the account holder is a legal entity, you must be an authorized representative of the legal entity, and the term “you” herein shall mean you and the legal entity, jointly and severally; in the case of a landlord-tenant scenario, you must have obtained all necessary consent and authorization from your landlord(s) or tenant(s) as the case may be, and the term “you” herein shall mean all landlord(s) and tenant(s), jointly and severally.  You must also be an existing registered owner and user of ENERGY STAR Portfolio Manager website service account(s) (https://portfoliomanager.energystar.gov/pm/) and have agreed to all corresponding requirements.
  4.  
  5. By requesting this service, you hereby authorize Manitoba Race to Reduce, Manitoba Hydro, Summerhill Inc., the Province of Manitoba, and program partners and suppliers, free access to and perpetual free use of all information and data in your ENERGY STAR Portfolio Manager website service account(s) relating to your property(ies) for their business purposes, and you represent and warrant that all such information and data are complete, accurate, and current.
  6.  
  7. You have the right and option to at any time request Manitoba Hydro to stop releasing any further data to the ENERGY STAR Portfolio Manager website and database.  If you wish to request termination of further data release, please simply terminate your connection with Manitoba Hydro on the ENERGY STAR Portfolio Manager website, or contact Manitoba Hydro.
  8.  
  9. You understand and acknowledge that Manitoba Hydro is not affiliated with or part of Natural Resources Canada, the U.S. Environmental Protection Agency, or the U.S. Department of Energy.  The ENERGY STAR Portfolio Manager website service and database are not owned, operated, hosted, controlled, or endorsed, by Manitoba Hydro, and once released, Manitoba Hydro will have no control whatsoever over where the data will be stored or how the data will be handled, used, and/or further distributed to anyone else.  You are solely responsible for dealing with the Recipients on your subscription and use of the ENERGY STAR Portfolio Manager website, database, and service account(s), and any questions or concerns you may have respecting any data (at or in transit to the ENERGY STAR Portfolio Manager website/database) must be addressed and resolved directly between you and the Recipients.  Manitoba Hydro will not act as mediator in the event of any dispute, and will not be responsible in any way for your action or inaction relating to your ENERGY STAR Portfolio Manager website service account(s).
  10.  
  11. Energy consumption and corresponding billing data (which may include estimated and reconciled consumption data points) are generated and collected by at Manitoba Hydro for Manitoba Hydro’s business purposes.  Manitoba Hydro has no control over the Internet (through which data will be transferred) or over the ENERGY STAR Portfolio Manager website or database, including, without limitation, data availability, security, and integrity.  As such, Manitoba Hydro does not guarantee that released data would be free of viruses, malware, or other harmful or destructive properties or components that may adversely affect computers, and you are solely responsible for determining the suitability, utility, and safety, and for verifying the accuracy, currentness, and completeness, of any and all data at/in the ENERGY STAR Portfolio Manager website and database.  Any use and reliance on data at/in the ENERGY STAR Portfolio Manager website and database shall be at your own risk.  If there is any discrepancy in information between data on the ENERGY STAR Portfolio Manager website or database vs. records kept by Manitoba Hydro, the records kept by Manitoba Hydro shall take precedence and shall be conclusive evidence of the matters recorded.
  12.  
  13. All data released are provided “as is, where is” and “as available” without any warranty, and Manitoba Hydro makes no representations or guarantees and disclaims all warranties, conditions, undertakings, or terms, express or implied, written or oral, including, without limitation, any express or implied warranties as to accuracy, completeness, reliability, timeliness, currentness, or fitness for any particular purpose or otherwise.  In no event shall Manitoba Hydro, its directors, officers, employees, affiliates, agents, representatives, successors, or assigns, be liable for any direct, indirect, or incidental damages, injury, death, loss, costs or expenses howsoever caused, including but not limited to special, compensatory, punitive, or consequential damages, lost revenue, business interruption, lost or damaged data, equipment, or property, or any other commercial or economic loss, whether based in contract, tort, (including negligence), or any other theory of liability, arising out of or resulting from any access to, use of, or reliance on, any data, even if Manitoba Hydro has been advised of the possibility of any of same.
  14.  
  15. You shall hereby release, fully indemnify, and hold harmless, Manitoba Hydro, its affiliates, directors, officers, employees and agents, from and against any and all losses, costs, damages and expenses, including reasonable legal fees, suffered or incurred from or related to anything contemplated herein, including, without limitation, any release or non-release of data by Manitoba Hydro or any access or use of information or data by you, Manitoba Hydro, the Province of Manitoba, program partners and/or suppliers, or any breach of any Term of Use, or any negligence or misconduct on your part.
  16.  
  17. Manitoba Hydro may at its sole unfettered discretion, with or without notice to you or the Recipients, suspend or terminate release of any data to any of the Recipients at any time, including without limitation release of data to the ENERGY STAR Portfolio Manager website and/or database.
  18.  
  19. These terms of use form the entire agreement between you and Manitoba Hydro with respect to the Services.  Failure or delay by Manitoba Hydro to enforce the provisions of this agreement or Manitoba Hydro’s rights or remedies at any time will not be construed to be a waiver of Manitoba Hydro’s rights under this agreement and will not prejudice Manitoba Hydro’s right to take subsequent action. Manitoba Hydro may in its sole discretion waive any Term of Use, provided however that no waiver of any Term of Use or any breach thereof, whether express or implied, shall constitute a waiver of a subsequent breach thereof.
  20.  
  21. The laws of the Province of Manitoba and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these terms, notwithstanding any conflict of laws provisions or the domicile, residence or physical location of you or your institution. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding instituted in relation to these Terms of Use.