My Account & Paperless Agreement

Last updated: December 1, 2024

1. Scope. This My Account & Paperless Agreement (this “Agreement”) is between you and 407 ETR Concession Company Limited (“407 ETR”) and governs your use of My Account, as well as Paperless Billing and Notification Services. Any references to “you” and “your” mean you, the customer, and “us” and “we” mean 407 ETR. This Agreement, together with 407 ETR’s Privacy Notice and any platform or channel-specific terms and conditions, form the entire agreement between you and 407 ETR and supersedes all prior agreements or understandings of any nature whatsoever with respect to the subject matter hereof.

Part A: My Account

2. My Account. By creating a 407 ETR digital account (“My Account”), you agree to receive related services offered by or on behalf of 407 ETR from time to time on relevant platforms or channels including, without limitation, to be automatically registered for 407 ETR’s Paperless Billing and Notification Services, as described in Section 7. Depending on what platform you are using (e.g., web, 407 ETR mobile app), My Account options include, for example, adding 407 ETR accounts for billing purposes; paying your 407 ETR bill; updating your contact information; managing email preferences; and sharing 407 ETR accounts to give another My Account holder read and pay-only access.

3. Payment Responsibilities & Methods. By entering into this Agreement, you acknowledge and agree that you are the person responsible for paying all tolls, fees or other charges associated with any and all 407 ETR accounts added to My Account. You agree to pay such amounts in full by the due date stated in your bill. You acknowledge that e-mail, SMS/text, and other electronic communications from us, like those letting you know your 407 ETR paperless bill has been electronically delivered, are for your convenience only and it is your responsibility to promptly log into My Account to access and review your bill and to pay any outstanding balance. You may pay your 407 ETR paperless bill using the methods described in the payments section of 407etr.com. 407 ETR may change, condition, limit, or restrict available methods of payment at any time without prior notice to you.

4. Keeping Your Contact Information Current. By setting up My Account and adding a 407 ETR account to it, you represent that: (a) you are the person stated as the 407 ETR account holder (or have proper legal authority to act on behalf of the 407 ETR account holder); (b) you own or are responsible for the vehicle(s) detailed within the account and such vehicle(s) is/are licensed through a valid licensing body; and (c) all information such as your e-mail address and phone number are accurate and up-to-date. You agree to immediately update the Ontario Ministry of Transportation (or other relevant governmental agency responsible for vehicle registration or licensing) of any change in your residential address. You acknowledge that failure to keep your information current may impact the delivery of Paperless Billing and Notification Services, which may result in you receiving interest charges and other penalties.

5. Sharing Your Information. 407 ETR prioritizes the privacy and confidentiality of your information. As the 407 ETR account holder (or the person with proper legal authority to act on behalf of the 407 ETR account holder), you are the only person who may disclose, share, or grant access to information detailed in My Account to any other person(s). For example, 407 ETR will restrict access to 407 ETR account information to any person seeking such access, unless you expressly authorize it, or you initiate sharing of a 407 ETR account within My Account via the web or the 407 ETR mobile app. 407 ETR may also disclose, share, or grant access to your information for legitimate business purposes. For more information, please see 407 ETR’s Privacy Notice.

6. My Account Deletion. You may choose to delete My Account at any time by logging into My Account via the web or the 407 ETR mobile app and going to your account settings. If you choose to delete My Account, this Agreement will terminate in its entirety, and you will lose access to both My Account, as well as Paperless Billing and Notification Services. This means that 407 ETR will deliver your bills and related notices, including any notices of failure to pay and second or subsequent notices of licence plate denial, by ordinary mail, pursuant to applicable law. Subject to the terms and conditions applicable at that time, you may recreate a My Account and add back your 407 ETR account at a later date, giving you access to the last 24 months of billing and trip information for those accounts. While you may contact us for billing and trip information older than 24 months, information from 407 ETR accounts that have been inactive for more than five years may not be retrievable due to our record retention policy.

Part B: Paperless Billing and Notification Services

7. Paperless Billing and Notification Services. Subject to Section 9, you agree that 407 ETR may deliver your 407 ETR bill and related notices, including any notices of failure to pay and second or subsequent notices of licence plate denial, by electronic transmission, pursuant to applicable law (collectively, “Paperless Billing and Notification Services”) for any and all 407 ETR accounts added to My Account. This means, for example, that 407 ETR may deliver such bills and notices to My Account, by e-mail, SMS/text and/or other electronic methods in lieu of ordinary mail or other paper-based delivery methods. Consequently, you acknowledge and agree that it is your responsibility to regularly log into My Account and to track, manage and follow-up with 407 ETR concerning any service issues, including contacting us upon becoming aware that you have not received your 407 ETR paperless bill or related notices. You also agree to contact us within thirty (30) days of receiving your bill if you believe it contains an error that should be corrected. If there is a discrepancy between your 407 ETR paperless bill or billing records and 407 ETR’s internal billing records, you agree that 407 ETR’s internal billing records will be deemed correct.

8. Standalone Services. Notwithstanding anything to the contrary in this Agreement, under limited circumstances and in 407 ETR’s sole discretion, 407 ETR may provide Paperless Billing and Notification Services to certain customers that have not created a My Account. In such cases, only the terms of Part B (except for references to “My Account”) and Part C of this Agreement will apply to you. 407 ETR reserves the right to change, temporarily suspend or permanently deactivate standalone Paperless Billing and Notification Services, in whole or in part, at any time and without prior notice to you.

9. Opting Out. You may choose to opt-out of Paperless Billing and Notification Services at any time by contacting us by live chat, e-mail or phone (407etr.com/contactus). If you choose to opt-out (and you retain My Account), only the terms of Part A and Part C of this Agreement will apply to you, and your 407 ETR bill and related notices, including any notices of failure to pay and second or subsequent notices of licence plate denial, will be sent to you by ordinary mail, pursuant to applicable law. Subject to the terms and conditions applicable at that time, you may opt-in to Paperless Billing and Notification Services at a later date by logging into My Account via the web or the 407 ETR mobile app and going to your account settings.

Part C: General Provisions

10. Changes to Services. 407 ETR reserves the right to change, temporarily or permanently suspend, or delete, in whole or in part, My Account and/or Paperless Billing and Notification Services at any time and for any reason without prior notice to you, such as for the purposes of system testing or maintenance; to address security concerns; to respond to a complaint, investigation or request from a lawful authority; if there is any misuse or abuse of My Account or Paperless Billing and Notification Services or a breach of this Agreement; in the case of a legal dispute or claim involving 407 ETR; or to carry out account management activities including, without limitation, deleting My Accounts that remain unused or inactive for a period of 12 months or more. If we permanently delete My Account, this Agreement will be deemed terminated in its entirety.Alternately, if we deactivate Paperless Billing and Notification Services (while My Account remains active), Part A and Part C will continue to apply. In any case (including where access to My Account and/or Paperless Billing and Notification Services may be impacted), your 407 ETR bill and related notices, including any notices of failure to pay and second or subsequent notices of licence plate denial, will be sent to you by ordinary mail, pursuant to applicable law.

11. Changes to Terms. 407 ETR may change any of the terms and conditions of this Agreement at any time and will notify you of such change at least thirty (30) days in advance of the effective date for such change. 407 ETR will provide notice to you by e-mail or other means as it deems appropriate. If you do not agree to the changed terms and conditions, you may: (a) subject to compliance with Section 6, terminate this Agreement by deleting My Account (which will automatically trigger cancellation of Paperless Billing and Notification Services in accordance with Section 6); and/or (b) in respect of amendments to Section 7 only, and subject to compliance with Section 9, opt-out of Paperless Billing and Notification Services (in which case Section 7 will no longer apply to you). However, if you keep using the applicable services hereunder after the effective date of the change it means you have accepted the change(s) you were notified of.

12. Hardware, Software & Security. You acknowledge that it is your responsibility to have the appropriate hardware, software (including anti-virus software), Internet and mobile data services to allow for reliable and secure access to and use of My Account and Paperless Billing and Notification Services. You also agree to promptly notify us if you experience any difficulty in accessing such services, including issues with viewing or paying your 407 ETR paperless bill. You agree to store My Account login credentials in a secure environment and to maintain strong passwords so that your account details remain private and confidential. Unauthorized or harmful activity from your failure to use up-to-date software (including anti-virus software) or to secure your network or login credentials will be your sole responsibility. If your computer, network, or login credentials become compromised, let us know immediately so we can take appropriate steps to prevent unauthorized use of or access to My Account.

13. Services Disclaimer. Your use of My Account and Paperless Billing and Notification Services is at your sole risk, and you acknowledge that such services are provided on an “as is” and “as available” basis and 407 ETR does not make or give any guarantee, representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including, without limitation, warranties as to: (a) uninterrupted or error-free transactions; (b) the timeliness, delivery in any form, sequence, accuracy, completeness or functionality of services or features; (c) the deletion or failure to store any user data, communications, or personalized settings; or (d) the privacy, security, non-infringement, or fitness for a particular purpose of data or content. 407 ETR also disclaims all liability and responsibility for any act, omission or occurrence directly or indirectly caused by a force majeure event including, without limitation, acts of God, extraordinary weather, epidemics or pandemics, fire, war, insurrection, acts of terrorism, cyber-attacks, labour disputes, acts of government, power failures and/or impacts to equipment, software, or network infrastructure.

14. Liability Disclaimer. If you breach any terms or conditions of this Agreement and/or your acts or omissions cause 407 ETR any harm (financial, reputational, or otherwise), you agree to indemnify and hold harmless 407 ETR and its affiliates for any related claims, damages, or losses. 407 ETR’s liability and responsibility hereunder is limited to correcting or updating any inaccurate information related to My Account and Paperless Billing and Notification Services and fixing any downtime or technical issues within 407 ETR’s reasonable control. 407 ETR and its affiliates will not be liable for any direct, indirect or consequential losses, damages, costs or expenses related to My Account or Paperless Billing and Notification Services, such as losses or damages arising from service downtime; errors or omissions in data, web or digital content; unauthorized access to or alteration of transaction data; use of any third-party links; technical issues that prevent or otherwise limit your access to services or features, including access to your 407 ETR paperless bill; or any Internet viruses or malware you may download.

15. Miscellaneous. The headings in this Agreement and its division into parts, sections and subsections are for convenience of reference only and do not affect the scope, intent, or interpretation of any provision hereof. If one or more of these terms are ruled to be invalid, illegal, or unenforceable, in whole or in part, this will not affect any other terms and the offending terms will be construed as if they had never been contained herein. Any waiver or consent by 407 ETR with respect to a term, condition or breach hereunder, whether expressed or implied, in one or more instances, does not constitute a waiver or consent with respect to a different term, condition or subsequent breach. This Agreement has been drafted in the English language at the express request of the parties. Les parties ont exigé que le present contract soit rédigé en anglais. This Agreement and any additional terms and conditions referenced herein will be governed by and interpreted under the laws of Ontario and the federal laws of Canada, and any dispute, proceeding or claim arising out of or in connection with My Account and/or Paperless Billing and Notification Services is subject to the exclusive jurisdiction of Ontario courts.

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