myenergi App Terms and Conditions of Use

Introduction

 

These are the terms and conditions of use for the application (and any update/upgrade to it) available from any third party application store (App). The App is operated by or on behalf of Myenergi Ltd (we, us and our). We are a limited company, registered in England. Our registered company number is 10261262, and our registered office is at Pioneer Business Park, Faraday Way, Stallingborough, Grimsby DN41 8FF.

 

Your use of the App will be subject to these terms and conditions and by using the App you agree to be bound by them. You should print a copy of these terms for future reference. Use of your personal information submitted to or via the App is governed by our Privacy Policy.

 

We reserve the right to change these terms and conditions from time to time by changing them on the App.  These terms and conditions were last updated on [date] 2020.

 

BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT [CLICK TO ACCEPT THESE TERMS] AND YOU SHOULD NOT PROCEED FURTHER.

 

Access to the App

 

The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the downloaded App.

 

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with these terms, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

 

You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device

 

We may, from time to time, restrict download of the App or access to certain features, parts or content of the App, or the entire App, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

 

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).

 

Charges for using the App

 

We do not charge a fee for using the App. However, we reserve the right to charge a fee for all or some of the features in the App. We will always notify you in advance of any changes in such fees and will give you the opportunity to decide whether you want to continue using the App.

 

What you are allowed to do

 

You may only use the App for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the App on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

 

What you are not allowed to do

 

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

 

  • republish, redistribute or re-transmit the App;

 

  • copy or store the App other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device;

 

  • store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the App;

 

  • remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or any server on which it is hosted;

 

  • create links to the Site from any other website, without our prior written consent;

 

  • use the App in a way that might damage our name or reputation or that of any of our affiliates; or

 

  • otherwise do anything that it is not expressly permitted by these terms.

 

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

 

Third party platform providers and application stores

 

Certain third party platform providers with whose devices and/or operating systems the App has/have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under [Additional third party terms]. These provisions come from the relevant third party platform providers, not us.

 

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.

 

Intellectual property rights

 

We license, but do not sell, to you the App you download. We remain the owner of the App at all times.

 

All intellectual property rights in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App. In the event you print off, copy or store pages from the App (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

 

Content

 

You agree that downloading, accessing and use of the App, since it is made available for download free of charge, are on an ‘as is’ and ‘as available’ basis and at your sole risk.

 

We reserve the right to change the format and features of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

 

Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or any other reasons.

 

Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

 

Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

 

[User content

 

The App may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages, forums, and/or message boards, (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

 

If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic.

 

User Submissions must not:

 

  • contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable (“Prohibited Content“);

 

  • impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;

 

  • contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or

 

  • transmit or distribute any virus and/or other code that has contaminating or destructive elements.

 

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

 

Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

 

Complaints about the content of any User Submission must be sent to [email address] and must contain details of the specific User Submission giving rise to the complaint.]

 

External links

 

The App may, from time to time, include links to external websites, which may include links to third party sales, offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these websites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external websites does not imply any endorsement of, or association with, their operators or promoters.

 

Our liability

 

Nothing in these terms shall limit or exclude our liability to you:

 

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
  • under Part I of the Consumer Protection Act 1987; or
  • for any other liability that, by law, may not be limited or excluded.

 

Subject to this, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any Contract shall not exceed the sum of £100, or if we choose to charge for any part of the App the amount you have paid for the App, and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

 

General

 

You may not transfer or assign any or all of your rights or obligations under any Contract.

 

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

 

If we fail to enforce any of our rights, that does not result in a waiver of that right.

 

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

 

These terms may not be varied except with our express written consent.

 

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

 

These terms and conditions shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

 

You agree that any dispute between you and us regarding these terms and conditions or the App will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

 

Contacting us

 

Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Product ordered by email to [email address] or write to us at:  Myenergi Ltd, Pioneer Business Park, Faraday Way, Stallingborough, Grimsby DN41 8FF.

Additional terms from third party platform providers

 

Apple

 

If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. (“Apple“):

 

  • your licence to use the App is limited to a non-transferable licence to use the App on an Apple-branded device owned or controlled by you and as permitted by Apple’s usage rules published in its App Store terms of service, except that the App may be accessed, acquired and used by other accounts associated with you via Family Sharing or volume purchasing;

 

  • you acknowledge and agree that:

 

  • Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;

 

  • we, not Apple, are responsible for responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation;

 

  • in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you;

 

  • to the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be our sole responsibility and we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed;

 

  • in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and

 

  • although these terms are entered into between you and us (and not Apple), Apple and its subsidiaries are third party beneficiaries of these terms and, upon your acceptance of these terms, Apple Inc. (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof;

 

  • you represent and warrant that:

 

  • you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and

 

  • you are not listed on any United States Government list of prohibited or restricted parties; and

 

  • you must comply with any applicable third party terms of agreement when using the App, such as your mobile phone provider’s data usage agreement.

 

Google

 

If the App that you download, access and/or use is downloaded from Google Play:

 

You are allowed unlimited reinstalls of the App without any additional fee, provided that if the App is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law (collectively “Legal Takedowns“) then the App will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the App.

 

You may also be able to claim a refund from Google for purchases made in the App if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.

 

We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the App. The “User” means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.