Contract without commitment

Participant’s Agreement No Commitment

1.      Hilo Smart Home Service

 

1.1       The participant interested in using the Hilo Smart Home Service (respectively, the “Participant” and the “Hilo Smart Home Service”) must meet the following conditions throughout the term of the Agreement:

  • Be a Hydro-Québec customer who is the holder, co-holder or mandatary of a Rate D contract for residential use, as a tenant or owner of the residence where the Hilo Smart Home Service is installed (the “Dwelling”);

  • Have “Connected Devices” acquired from Hilo (see Glossary); and

  • Have a smart mobile device on which they can download and use the Hilo mobile application. (See the hiloenergie.com website for details on compatible versions).

1.2       In addition, the Dwelling concerned must meet the following conditions:

  • Have a minimum of 50% of the heating load provided by electric heaters connected to Hilo thermostats following installation of the Hilo Smart Home Service;
  • Be equipped with a Hydro-Québec communicating meter;
  • Be equipped with electrical installations that comply at all times with the electrical standards and applicable laws in effect;
  • Have a high-speed Internet connection, a wireless network and a free, working Ethernet port on the modem or router; and
  • Be of the single family, semi-detached or row house type, or be located in a building with four units or less.

 

2.    Purchase of Connected Devices

 

2.1       Unless otherwise stated, the prices of Connected Devices displayed on the Hilo website do not include applicable sales taxes or shipping and handling charges, if any. The price, taxes and related charges, if any, will be clearly stated in the order form before the transaction is concluded. After the transaction, an order confirmation will be sent to the Participant. This order confirmation shall form an integral part of this Agreement.

If a Connected Device cannot be installed on the date scheduled for installation, except for a reason that is not the consequence of its own act or of its representative, that connected device will be removed from the order, and the price as well as the discounts related to the minimum quantity of Connected Devices purchased will be updated to reflect only the Connected Devices which are actually installed.

Payment Terms

2.2       Payment for Connected Devices shall be made by credit card (Visa or Mastercard). In some cases, subject to compliance with the applicable terms and conditions, payment may also be financed by a Hilo partner.

2.3       Credit card purchases shall be made through the Moneris secure online payment system in accordance with its terms of use. Payments made by credit card are subject to the approval of the financial institution that issued the credit card.

2.4       The financing option for the purchase of Connected Devices is fully administered by Hilo partner PayBright. Visit paybright.com/en for more information.

2.5       In all cases, the Participant shall be solely responsible for the actual payment of the Connected Devices purchased for his or her Dwelling.

Order Confirmation

2.6       Before accepting to process an order, Hilo may require the Participant to provide additional information.

2.7       The confirmation of receipt of the order by Hilo is not a confirmation of the sale of the Connected Devices covered by the order. Hilo cannot guarantee that the Connected Devices advertised on its website will be available at the time they are ordered or thereafter.

2.8       Hilo reserves the right to cancel an order and not to process it, even if it has already been accepted. In such a case, Hilo will notify the Participant of the cancellation and advise him or her that no amount will be charged or that a refund will be applied, as the case may be.

Installation of Connected Devices

2.9       Hilo will contact the Participant to determine the installation date of the Connected Devices after confirmation of the order.

Changes to an Order Before Connected Devices Are Installed

2.10   A Participant who wishes to make a change to his or her order prior to the scheduled installation date, including in connection with the time or date of installation, must contact Hilo’s customer service department. Hilo reserves the right not to accept the Participant’s change request, in which case the order will be cancelled.

Order Cancellation

2.11   The Participant may cancel his or her order at no charge up to 3 business days before the scheduled installation time.

2.12   If the Participant cancels his or her order less than 3 business days before the scheduled installation time or at the time of installation, an amount of fifty dollars ($50) will be billed to the Participant to cover the cancellation fee of the master electrician.

2.13   Hilo reserves the right to terminate this Agreement if, due to the cancellation of an order, any or all of the terms and conditions set out in this Agreement are no longer being met.

 

3.       Warranties and Liability

 

3.1       Connected Devices bearing the Hilo brand, namely the thermostats and the Smart Hub, are warranted from the date of installation as follows: i) three years against manufacturing defects and ii) one year against installation defects. Hilo makes no commitment to provide replacement parts or repair services after the warranty period. The term “Smart Hub” refers to the connected device that centralizes and manages all Connected Devices in the Dwelling.

3.2       Non-Hilo Connected Devices are covered by the manufacturer’s warranty. The Participant may consult the user manual or specifications for these Connected Devices on the hiloenergie.com website.

3.3       Hilo does not offer any best price guarantee for any of the Connected Devices.

3.4       The Participant shall be responsible for ensuring that the Connected Devices purchased (including the smoke detector) comply with all relevant operating requirements, including applicable standards, codes and laws (municipal and other). 

 

4.      Requirements for installing the Connected Devices

 

Downloading the Hilo Mobile Application

4.1       The Participant undertakes to download the Hilo mobile application on a smart mobile device, which will be used to control the Connected Devices connected to the Hilo Smart Home Service, before the master electrician arrives. The terms of use of the Hilo mobile application and the related privacy policy, in their up‑to‑date versions, must be accepted on the smart mobile device. These documents are available on the hiloenergie.com website.

Installation by Master Electrician

4.2       Some of the Connected Devices forming part of the Hilo Smart Home Service must be installed by a Hilo-designated master electrician. The installation fee for the Connected Devices and the cost of the Smart Hub are as stated in the order form.

4.3       If the master electrician finds that the Participant’s physical or electrical installations do not allow for the safe installation of the Connected Devices or that the Participant or the Dwelling do not comply with the conditions set out in this Agreement, Hilo may terminate the Agreement and bill the Participant an amount of fifty dollars ($50) to cover the master electrician’s travel expenses.

Presence of Participant at the Time of Installation

4.4       The presence of the Participant, or of the person authorized by the Participant to represent him or her (the “Designated Representative”), is required during the installation of the Connected Devices.

4.5       The Participant or his or her Designated Representative must be in possession of the smart mobile device that will be used to control the Connected Devices.

4.6       Hilo will not install any Connected Devices in any of the following situations:

  • The Participant is absent and has no Designated Representative;
  • The Participant does not have a smart mobile device, or the battery of the smart mobile device in his or her possession is discharged, or the smart mobile device is not functional; or
  • The Hilo mobile application has not been downloaded to the smart mobile device or, if downloaded, is not functional.

In any such situation, the purchase of the Connected Devices is maintained, but their installation will be postponed and an amount of fifty dollars ($50) may be billed to the Participant to cover the master electrician’s travel expenses.

4.7       The Participant authorizes Hilo or any person duly mandated by Hilo to enter his or her Dwelling on the days and at the times agreed upon for the purpose of testing or making improvements to the Connected Devices as well as for the purpose of installing, replacing, repairing, modifying or removing the Connected Devices. In cases where the master electrician cannot access the Dwelling or the Connected Devices, the Participant may be billed an amount of fifty dollars ($50) to cover the master electrician’s travel expenses.

4.8       The master electrician and the Participant undertake to comply with all applicable public health measures and directives during installation or any subsequent visit.

Minor Work, Liability and Warranties

4.9       The installation of the Connected Devices requires minor work such as drilling holes or installing screws. Hilo will not perform any restoration work as part of this work. However, Hilo will repair any damage that may be caused by the fault or negligence of the master electrician during the installation of the Connected Devices.

 

5.     Hilo Challenge

 

5.1       The term “Hilo Challenge” means a one-time event as defined at the end of this Agreement (see Glossary). The day before each Hilo Challenge, the Participant receives a notification of the Hilo Challenge via the Hilo mobile application. The Participant who receives a Hilo Challenge may:

  • Answer that he or she accepts it;
  • Refuse the Hilo Challenge. The Participant may refuse a Hilo Challenge at any time prior to or during the Hilo Challenge; or
  • Do nothing. If the Participant does not answer, the Hilo Challenge will be deemed to have been accepted.

5.2       The Participant may change the setpoint temperatures of the connected thermostats at any time. However, changing a temperature while a Hilo Challenge is in progress could affect the results of the Hilo Challenge and, consequently, the calculation of any potential reward.

Participation in Hilo Challenges

5.3       The Participant agrees to use the Hilo Smart Home Service and to participate in the greatest number of Hilo Challenges as possible.

5.4       The Participant agrees to participate in as many Hilo Challenges as possible during the term of the Agreement. In addition, the Participant agrees to make every effort necessary to reduce his or her electricity consumption, including by avoiding the use of household appliances and by reducing hot water consumption while the Hilo Challenges he or she has accepted are in progress.

Calculation of Savings and Rewards

5.5       Hilo provides rewards to eligible Participants (the “Reward” or “Rewards”). These Rewards are distributed once a year, following the period from December 1 to March 31 inclusive (the “Winter Period”) of the reference year.

5.6       A Participant will receive $0.50 per kilowatt-hour saved during the reduction phases of the Hilo Challenges that were accepted during that Winter Period. No rewards will be paid for Hilo Challenges that were declined.

Management of Outage Recovery

5.7       The Participant agrees to outage recovery management on the Connected Devices to help ensure the stability of the Hydro-Québec grid. This management ensures that the power of Connected Devices is gradually restored after a power outage. This is an automated system integrated into Hilo-Connected Devices.

Energy Savings Not Guaranteed

5.8       Hilo does not guarantee energy savings or any other benefits associated with the use of the Connected Devices. Hilo shall not be held responsible for an increase in an electricity bill, as the increase may be due to weather, the Participant’s consumption habits, improper use of the Hilo Smart Home Service or participation in Hilo Challenges, among other things.

 

6.     Participation Requirements

 

6.1       The Participant agrees to meet the following requirements:

  • Notify Hilo’s customer service department of any changes that could significantly affect energy consumption in the Dwelling during the term of the Agreement; for example, major renovations or the addition or removal of a high energy‑consuming appliance;
  • Maintain a high-speed Internet connection and have a working wireless network;
  • Not uninstall the Hilo mobile application;
  • Apply Hilo mobile application updates in a timely manner;
  • Pay the cost of electricity consumption related to the use of equipment connected to the Hydro-Québec grid;
  • Not interfere with the proper functioning of the Connected Devices;
  • Notify Hilo’s customer service department as soon as he or she becomes aware of any errors or malfunctions affecting the Connected Devices or the Hilo mobile application; and
  • If moving, notify Hilo’s customer service department at least four weeks prior to the move.

 

7.     Using the Hilo Smart Home Service

 

7.1       Direct or indirect use, by any means whatsoever, of the Hilo Smart Home Service under the following terms is strictly prohibited:

  • Any commercial use;
  • Any illegal use; and
  • Any use which involves computer interference and which inhibits the security of Connected Devices or their data or which involves decoding of data.

7.2       Hilo shall not be liable for any damage or inconvenience caused by a malfunction of the Hilo Smart Home Service which is not the result of its actions or the personal actions of its representative, including interruption of the Service; delays, failures, omissions or loss of information; a bad connection with voice assistants or between the Hilo mobile application and Connected Devices.

7.3       By agreeing to be bound by this Agreement, the Participant agrees that he or she is also bound by the following documents (see hiloenergie.com):

 

8.     Intellectual Property and Licence

 

8.1       All rights, title and interest in and to the Hilo Smart Home Service, the Hilo mobile application and the website (including their program code) as well as the Hilo trademarks and logo are the property of Hilo and are protected by intellectual property legislation. The Participant may not use, reproduce, translate, publish, transmit or disseminate any of these elements, in whole or in part, without the written authorization of Hilo. Neither this Agreement, nor the terms of use of the Hilo mobile application and website, nor the Participant’s use of the Hilo Smart Home Service, shall confer or grant to the Participant any rights whatsoever in any of Hilo’s intellectual property, other than as expressly provided herein.

8.2       Subject to the Participant’s compliance with this Agreement and the terms of use of the Hilo mobile application and website, the Participant is granted a non-transferable, non-assignable, non-exclusive, revocable and free licence to download and use the Hilo mobile application, and to access the Hilo mobile application and website, exclusively for personal (residential) use. No other use is authorized.

 

9.     Personal Information

 

9.1       Hilo implements physical, electronic and procedural safeguards to protect the personal information of its Participants. Hilo uses state-of-the-art encryption technologies to help protect Connected Devices at home and to minimize the possibility that these Connected Devices may be controlled by third parties.

9.2       Hilo takes all appropriate measures to ensure the security of data transmission between the Hilo Home Smart Hub and the Connected Devices of each Participant. Hilo shall inform the Participant of any important security breaches brought to its attention as soon as it becomes aware thereof and will inform the Participant of the applicable protective measures.

9.3       By using the Hilo Smart Home Service, or by providing personal information, the Participant agrees that Hilo may contact the Participant electronically about issues related to the Participant’s use of this website, whether related to security, administration or privacy.

9.4       Obligations pertaining to personal information shall remain in effect after the end of the Agreement.

9.5       The Participant agrees that Hilo may, during the term of the Agreement, use his or her first and last name and contact information (address, telephone number and e-mail address), including to obtain data from Hydro-Québec regarding both his or her actual electricity consumption during the twenty-four (24) months preceding the commencement of the Agreement and his or her consumption during the term of the Agreement; the Participant also agrees to Hilo validating with Hydro-Québec information such as the electricity rate associated with his or her account and the location, compatibility and number of his or her communicating meter. The Participant also consents to Hilo validating with Hydro-Québec the personal information it holds with respect to his or her account, including account number, status as person responsible for the account, address, telephone number, e-mail address and type of home heating. The Participant also agrees that Hydro-Québec  may inform Hilo of any changes to this information throughout the term of the Agreement.

9.6       The Participant consents to Hilo, its service providers or partners using for research and development purposes the personal information set out in the previous paragraph as well as data concerning the status, operation and controls of the installed Connected Devices, including data from these Connected Devices, data and statistics concerning the Participant’s use of the Hilo mobile application as well as answers, comments and other information provided by the Participant, including as part of any exchange with Hilo in the context of this Agreement.

9.7       The Participant consents to Hilo analyzing the information or data collected in order to provide personalized advice and help the Participant consume more efficiently.

9.8       The Participant agrees that the personal information covered by this Agreement may be hosted on servers or cloud spaces, which are located in Canada, the United States or a member country of the European Union.

9.9       The Participant understands that the personal information mentioned in this Agreement will be processed by Hilo and Hydro-Québec, as the case may be, in accordance with applicable privacy legislation.

 

10.      Termination of Agreement

 

10.1   The Participant may terminate the Hilo Smart Home Service Agreement at any time. However, the Participant may no longer be eligible for Rewards for the Winter Period in progress at the time of termination of the Agreement.

10.2   Hilo may unilaterally terminate this Agreement in any of the following cases:

  • The Participant does not sufficiently reduce his or her electricity consumption during an accepted Hilo Challenge, for example by using high energy‑consuming appliances such as household appliances, or consumes more than his or her reference consumption during Hilo Challenges, whether accepted or refused;
  • The Participant does not meet the requirements set out in this Agreement;
  • The Participant misuses the Hilo Smart Home Service, including any Connected Devices;
  • The Participant moves; or
  • The Participant withdraws his or her consent to the terms set out in clauses 9.3 to 9.8 with respect to his or her personal information.

10.3   In the event of termination, the features of the Hilo mobile application will be deactivated.

10.4   The consent provided by the Participant to the terms set out in clauses 9.3 to 9.8 shall remain effective until the end of the Winter Period in effect at the time of termination of the Agreement for the purpose of calculating the Rewards to which the Participant is entitled, if any.

 

11.      General

 

Amendment of Agreement

11.1   During the initial term of the Agreement, Hilo reserves the right to unilaterally amend the Agreement.

11.2   In the event of any amendment by Hilo, if the amendment increases the Participant’s obligations or reduces Hilo’s obligations, the Participant will receive written notice no later than 30 days before the amendment comes into force. The Participant will have the option of refusing the amendment and will have 30 days from the effective date of the amendment to terminate the Agreement. To do so, the Participant must provide written notice to Hilo. Failure to provide notice of refusal within the specified time period constitutes acceptance by the Participant of any amendment.

Effective Date

11.3   This Agreement shall be in force from the date of the order.

 

Contact Details

11.4   Hilo’s customer service department contact details are as follows:

E-mail:               customerservice@hiloenergie.com

Website:           www.hiloenergie.com

Telephone:      438-289-HILO (4456) or, toll‑free, 1-844-500-HILO (4456)

Address:          
Jean-Lesage Building, 20th Floor
75 René-Lévesque West Blvd.
Montreal, Québec pZ 1A4
Canada