Energy Toolkit Supplementary Terms and Conditions

Read the supplementary terms and conditions before using the Energy Toolkit

 

Energy Toolkit Terms of Use

1. General

1.1 The Energy Toolkit is provided by E.ON Energy Solutions Limited, a company registered in England and Wales under company number 03407430. Our registered office is at Westwood Way, Westwood Business Park, Coventry, CV4 8LG.

1.2 These terms and conditions relate to the use of the Energy Toolkit service (the ‘Services’). Where you have a contract with us for another service, these terms shall be supplemental to the terms specific to that particular service.

1.3 We intend to rely on these terms and conditions and it is our intention that you will be legally bound by them when using the Services. You should read these terms and conditions carefully.

 1.4 You acknowledge that to access the Energy Toolkit Website and the relevant content, you will need to have the most recent supported version of one of the following internet browsers:
a. Windows Microsoft IE; or
b. Mozilla Firefox; or
c. Google Chrome; or
d. Safari.

You accept that we shall have no liability to you whatsoever where you are unable to access the Services as a result of not having the correct internet browser capability.

2. Terms of Use

2.1 Energy Toolkit

2.1.1 In consideration of use of the Services you agree to these terms and conditions.

2.1.2 You are permitted to access and make use of the Services provided that such use is for your own internal business purposes only and you warrant that you will not use any such information for any other purpose.

2.1.3 We accept no responsibility for any actions taken in consequence of the interpretation or use of data or information provided by us, any affiliated companies and/or third parties as part of the Services.

2.1.4 You must register a valid electronic communication mail address (“E-mail Address”) with us which for the purposes of the Energy Toolkit shall also be your unique username. We shall send an email to the registered E-mail Address that will allow you to set up your own unique password. You will always be required to enter your unique username and password in order to access your Energy Toolkit Website account. 

2.1.5 You are responsible for maintaining the confidentiality of your password and username, and shall be liable for all activities that occur under your Energy Toolkit Website account.

2.1.6 You agree to immediately notify us in Writing of any unauthorised use of your password, the Services or Energy Toolkit Website, or any other breach of security. 

2.1.7 Pursuant to this Clause 2.1, you accept that we shall not be liable for any loss or damage arising from failure to provide us with accurate information or to keep your password secure or your use of the Services other than in accordance with these terms and conditions or for any unauthorised access to the Services caused (in whole or in part) by you.

2.1.8 You warrant that you are authorised to access the Services relating to all meter points associated with your Energy Toolkit Website account. 

2.2 Acceptable use of the Energy Toolkit 

2.2.1 You acknowledge that your username and password are for access to, and use of, data and information in respect of your meter points or meter points for which you have obtained the owner’s consent to access only.    

2.2.2 You agree not to do anything to the Energy Toolkit Website and/or the Services, which in any way causes harm to or may harm the Energy Toolkit Website, or the computer systems which host the Website, or cause damage to, or impair, the availability or accessibility of the Energy Toolkit Website and/or the Services, or use the Energy Toolkit Website and/or the Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.2.3 You agree not to use the Energy Toolkit Website and/or the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

2.2.4 You agree not to upload, post, otherwise transmit or provide access to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Energy Toolkit Website and the Services, or the computer software or hardware or telecommunications equipment of any other person.

2.2.5 You acknowledge that information supplied by the Services is provided for analysis and information purposes only and under no circumstances should it be used for invoice validation purposes or relied on in any way to inform your transactions. 

2.2.6 If we reasonably believe that information provided by the Energy Toolkit has been used illegally, unlawfully, fraudulently, and/or for purposes other than those for which it is intended, or if we reasonably believe you do not have the requisite authority to access the Energy Toolkit, we shall revoke your access and you shall indemnify us against all costs incurred by us. 

2.2.7 You acknowledge that we may, from time to time, temporarily withdraw access to the Energy Toolkit Website for maintenance, management or revision and we shall endeavour to give as much notice as possible of such withdrawal except in the case of emergency (including but not limited to maintenance) in which case we may withdraw access to the Energy Toolkit Website immediately giving no notice. The Energy Toolkit Website, the Energy Toolkit and / or the Services may also be unavailable in the case of system failure or for any other reason beyond our control and we accept no liability whatsoever for the unavailability of the Energy Toolkit Website, the Energy Toolkit and / or the Services for any reason.

2.2.8 We may by providing you notice immediately terminate the Services or Energy Toolkit Website.

2.2.9 You are free to stop using the Services and Energy Toolkit Website at any time; however where these Services are provided to you in connection with a supplemental service offered by us or one of our Affiliates you will continue to be charged for the Services until your supplemental service ends.



3. Proprietary Rights

3.1 The Energy Toolkit Website contains content made available by us and by third parties. All information delivered to you in the course of the Services and all intellectual property rights that exists in the Energy Toolkit and the information and materials contained on the Energy Toolkit Website is exclusively owned by or licensed to us or belongs to the relevant third party or their licensors. Downloading or printing of content from the Energy Toolkit Website is restricted to your own internal business purposes. The material and content of the Energy Toolkit and/or Energy Toolkit Website may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any other way unless expressly authorised by us in Writing. 

3.2 Except as expressly authorised by us in Writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content of the Energy Toolkit Website and the Services contained therein in whole or part except as specifically authorised in a separate written agreement with us.


4. Services

4.1 Unless we have otherwise agreed in Writing the Services shall be limited to Meter Level Consumption Data, Prescriptive Reporting, Conversion Facility, Consumption Data Aggregation and Consumption Data Comparison. Where additional features or services become available we shall endeavour to notify you in Writing of the availability of those features.

4.2 You acknowledge that the provision of the Services shall be subject to the conditions of Clause 5.1 below. 

4.3 We may remove your access to the Energy Toolkit Website or withdraw the Services at any time.


5. Warranties

5.1 You accept that the Energy Toolkit Website and the Services are provided “as is” without any representations or warranties, express or implied and we make no representations or warranties for the:

a. availability of the Energy Toolkit Website and the Services; and/or
b. the accuracy and/or completeness of the information provided by the Energy Toolkit Website and the Services.

5.2 You acknowledge and accept that nothing on, contained within, or produced from the Energy Toolkit Website and the Services constitutes, or is meant to constitute, advice of any kind.


6. Liability

6.1 You acknowledge that we shall not accept, or be responsible for, any losses, costs, expenses, or additional charges caused as result of the Energy Toolkit’s unavailability. 

6.2 Nothing in these terms and conditions shall exclude liability for death, personal injury, or fraud resulting from the negligence of a party. Apart from this our total liability shall not exceed five thousand pounds (£5,000.00).

6.3 Neither party shall be liable to the other, under contract or otherwise, for loss of use, revenue, profit, contract or goodwill or for any special, consequential or indirect loss or damage of any nature, or for any liability of the other to any other person.

6.4 Unless we have been negligent then we are not responsible to you for any damage caused to any hardware or software used to access, use or download the Services or Energy Toolkit Website.

6.5 The indemnities granted by the parties under these terms and conditions are excluded from this Clause 6.




7. Miscellaneous

7.1       Subject to other specific service terms and conditions supplementing these terms and conditions, these terms and conditions form the entire agreement between the parties and contain all agreed representations, warranties and undertakings.

7.2       These terms and conditions shall be governed in accordance with English law. No legal proceedings in respect of these terms and conditions shall be brought or conducted outside of England or Wales and any disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

 

7.3       You acknowledge that you have had the opportunity to obtain independent legal advice regarding these terms and conditions before accepting them.

7.4       These terms and conditions also apply where we act as agent of any of our group of companies and references to ‘we’, ‘us’ or ‘our’ shall include those other companies where appropriate.

7.5       Neither Party shall disclose information relating to these terms and conditions, the Energy Toolkit Website or the Services without prior Written consent from the other party, except to comply with any relevant law or regulation.  We may:

a.   disclose any information relating to you including but not limited to your Consumption Data to third parties to allow us to perform our obligations under these terms and conditions; and

c.    share information relating to you with third parties or any of our group of companies, who we have identified as being able to provide energy related services to you; and

d.   disclose information to third parties contracted by us to recover sums due to us and/or perform services on our behalf under these terms and conditions; and

e.   share your data with other organisations for the detection and prevention of crime; and

f.    share your data with the organisation which communicates securely with smart meters and shares information from smart meters with customers’ energy suppliers and other authorised organisations.

7.6       We may use the contact details you provide to us including your Email Address to contact you about the Services, the Energy Toolkit or the Energy Toolkit Website.

7.7       If you provide any Personal Data to us under these terms and conditions or whilst using the Energy Toolkit Website we shall be the Data Controller under the provisions of the DPA. We shall ensure that we comply with the Principles set out in the DPA when Processing Personal Data.

7.8       You shall not transfer, novate or assign any rights or obligations under this agreement without our prior Written consent; we may withhold such consent at our sole discretion. We may transfer or assign any or all of our rights or obligations under this agreement without your consent.

7.9       We reserve the right to change these terms and conditions at any time. Updated versions of the terms and conditions will appear on the Energy Toolkit Website and are effective immediately. We will not notify you individually of the changes to the terms and conditions; it is therefore important that you are regularly reviewing the Terms, in particular on each occasion you use the Services. Continued use of the Energy Toolkit Website after any such changes constitutes your consent to such changes.

7.10     Any waiver shall be agreed by each party in Writing.  A waiver of a specific breach shall not entitle any further breach.

7.11      If any provision is declared invalid, unenforceable or illegal by the courts, the remaining provisions of this agreement shall continue in full force and effect.

7.12     Any notice to be given under this agreement shall be in Writing and delivered by hand or sent by recorded delivery or registered letter to the party’s registered address.

7.13     Each party shall use reasonable endeavours to resolve a dispute. If the parties are not able to agree a resolution or there is a failure to implement the resolution correctly, either party may pursue any remedies that it may have under these terms and conditions or at law.  The terms and conditions shall apply during any dispute resolution process.

7.14     Any person who is not a party to these terms and conditions shall not acquire or have any rights under these terms by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

7.15     Any data or information collected in connection with these terms and conditions, the Energy Toolkit Website or the Services shall be retained by both Parties for at least six (6) years for audit purposes.


8. Definitions

8.1 The following terms have these meanings:  

"Affiliate"

 

the holding company of or subsidiary company of a Party or any company which is a subsidiary company of any subsidiary of such holding company.  For the purpose of this definition the expressions “holding company" and "subsidiary" shall have the meaning given to them in Section 1159 of the Companies Act 2006; 

"Consumption Data"

 

means the energy consumption data for any and all of the meter points associated with your Energy Toolkit Website account;

 

"Consumption Data Aggregration"

 

ability to aggregate Interval Data by meter, site, and business unit; 

"Consumption Data Comparsion"

 

ability to compare Interval Data by meter, site, and business unit;

"Conversion Facility"

 

ability to convert Consumption Data from kWh to £p, kg C02;

"Data Controller"

 

as defined in the DPA;

"DPA"

 

the Data Protection Act 1998, as amended;

"Energy Toolkit"

an online product which allows access to Consumption Data through the Energy Toolkit Website;

 

"Email Address"

as defined in Clause 2.1.4;

 

"Energy Toolkit Website"

 

the online web portal and hosting service that allows you access to the Services;

 

"Intellectual Property"

 

means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

 

"Interval Data"

 

means data where values are measured and presented in intervals;

 

"Meter Level Consumption Data"

 

availability of Consumption Data at meter level;

"Personal Data"

 

as defined in the DPA

 

"Prescriptive Reporting"

 

availability of pre-designed energy reports for analysis and interrogation of Interval Data;

"Principles"

 

the principles outlined in Part 1, Schedule 1 of the DPA;

"Process""Processed"

 

as defined in the DPA;

"us";"we";"our"

 

E.ON Energy Solutions Limited;

"Writing"

 

includes communications sent or received by electronic communication;

"you"; "your"

the party accessing the Services.