Gridpay Services Terms & Conditions

1. Introduction

Last updated:  April 2024

We are myenergi Ltd and we will refer to ourselves in these Terms and Conditions as “myenergi”, “us”, “we”, or “our”. We will refer to you, the recipient of services from us, as “you” or “your” in these Terms and Conditions.

These Terms and Conditions relate solely to us providing Gridpay Services to you. Other services we may provide to you will be subject to different terms and conditions which are provided to you when you sign up to those other services.

Please read these Terms and Conditions carefully before using any of the Gridpay Services and functionalities provided through us. We particularly bring your attention to clause 7 (Matters outside our control which affect the Gridpay Services), clause 10 (Data Protection) clause 12 (Limitation of liability), clause 14 (Termination), clause 15 (Right to change your mind) and clause 16 (Consumer Rights).

We will have provided a description of the Gridpay Services to you before you sign up for the provision of the Gridpay Services and these will be provided through our website.

These Terms and Conditions and documents or information referred to in them govern the use of Gridpay Services. Please read them carefully and retain a copy for future reference. By signing up to use and using our Gridpay Services, you agree to accept these Terms and Conditions. If you do not wish to accept these Terms and Conditions, you should not use the Gridpay Services.

Access to and participation in the Gridpay Services is conditional on your agreement to and acceptance of these Terms and Conditions. These Terms and Conditions are strictly between you and us, and do not in any way constitute or imply any relationship with any other parties.

However, we do use Partners (e) with which we have established a business relationship with to provide the Gridpay Services to you on our behalf. For information about how we process personal data, including the sharing with energy aggregators, please see our privacy notice at .

Once you have signed up to Gridpay Services and agreed to these Terms and Conditions, we will inform you of when we will begin providing Gridpay Services to you.

Use of your personal information submitted to or via the mobile application is governed by our Privacy Policy, more details of which are set out in 10 (Data Protection) below.

We reserve the right to change, modify or replace these Terms and Conditions from time to time and you will be notified of any material revisions 30 days prior to changes or additional terms taking effect. Changes to Terms and Conditions will be determined at the sole discretion of us.  These Terms and Conditions were last updated in April 2024.

2. About us

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, United Kingdom, DN41 8FF. To contact us (including about any issues or complaints), please email us at gridpay@myenergi.com.

3. Our Gridpay Services

Our ultimate focus for providing and delivering the Gridpay Services is to assess the potential for reducing domestic electricity demand on the distribution network during periods of constraint on the national grid.

As we transition to a low carbon economy, the stress on the electricity distribution network from loads (including electric vehicle charging) will increase.

The Gridpay Services are intended to assist the distribution network by regulating electricity flow across the grid to ease periods of stress.  At times of stress, the network operator may request assistance from us or our Partners to the network.  Where necessary we or our Partners may vary the at times of peak demand helping the grid to balance supply and demand without the need for additional generation (e.g., power stations) to be used.

Services to you, we will endeavour to minimise the disruption to you when we or our Partners instruct variations to the rate of charge of your myenergi devices in response to relevant network requirements.  Actions we or our Partners may take when providing Gridpay Services include reading your myenergi supplied device information on electric vehicle charging, charging schedules and to regulate by amending, stopping, starting or adjusting the flow of electricity through your myenergi devices.

You will have the ability to override all instructed responses we or our Partners put in place on your myenergi device in response to network requirements, but any actions you take may detrimentally affect the rewards you receive.

Whilst we will use reasonable endeavours to ensure that when we or our Partners amend, stop, start or adjust the flow of electricity through your myenergi devices this does not result in any additional energy charges, we cannot guarantee this will not occur at times and we will not be liable to you for any such additional costs you incur.

4. Access to your myenergi devices

By agreeing to these Terms and Conditions, you understand and agree that myenergi share information about you and your myenergi devices with any of our that are providing the Gridpay Services on our behalf and allow our Partners to interact with your devices to modify charging schedules and settings, regulate the flow of energy, and monitor the device status, performance, and energy consumption.

Your information will be processed in accordance to these terms and conditions and our .

5. Gridpay Services Account

When you create a Gridpay Services account with us, you confirm that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. If the information you have provided us changes, you must inform us within fourteen days of the change. Furthermore, you confirm that the device connected is in your own and full possession and/or you have the full and explicit approval by the legal owner to use the Gridpay Services on their devices on their behalf. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of your access to the Gridpay Services and your Gridpay Services account and delay us or our Partners providing the Gridpay Services (including the ability of us or our Partners to provide you with ).

We may immediately terminate or suspend your access to and use of the Gridpay Services if you are in breach of these Terms and Conditions or due to a technical, operational or security risk associated with your access, provided that the suspension will continue only for as long as reasonably necessary for you to remedy the breach if this is possible.

You are responsible for maintaining the security and confidentiality of your Gridpay Services account, access codes and password, including but not limited to the restriction of access to your computer and/or Gridpay Services account to ensure that no third party is granted access to your Gridpay Services account. You agree to accept responsibility for any and all activities or actions that occur under your Gridpay Services account and/or password.

You must ensure that the Gridpay Services is only used in a proper manner and for lawful purposes in accordance with these Terms and Conditions. You may not sub-licence, transfer or loan the Gridpay Services or any related documentation to any third party.

You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Gridpay Services account.

You may not use as a username that is the name of another person or entity, that is not lawfully available for use or that is a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

6. Use Restrictions

You may not rent, lease, distribute, or resell the myenergi product or product of myenergi’s Partners which is being used for the delivery of Gridpay Services as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the myenergi product.

7. Matters outside our control which affect the Gridpay Services

If our or our Partners’ supply of Gridpay Services is delayed by an event outside our or their control, we or our Partners will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we or our Partners does this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us to cancel your Gridpay Services account and the receipt of Gridpay Services, in which event clause 14 (Termination) below will apply in respect of the consequences of your cancellation.

You also acknowledges that the Gridpay Services may be subject to limitations, delays and other problems inherent to the use of such communications facilities and we shall have no liability to you in respect of any such limitations, delays and other problems.

8. Incentives and Rewards

We will provide you with details of the rewards you may gain as part of the Gridpay Services during the sign-up process for those services. We agree to provide you with those rewards in accordance with the details you have been provided with during the sign-up process for those services which included how and when you can withdraw your rewards. We reserve the right to update the rewards available to you in line with market conditions and we will notify you of any changes to the rewards giving you an opportunity to terminate your Gridpay Services account and your receipt of Gridpay Services if you do not agree with the revised rewards which are available.

Unless we have expressly informed you otherwise in writing, rewards or incentives are not guaranteed.

Periodically myenergi offers customers additional and separate rewards or incentives through our Gridpay Services. These offers may be subject to their own terms and conditions. However, it is important to note that generally, such rewards and incentives are not guaranteed and myenergi reserves the right to change the terms, or remove the offer without any prior notice.

9. Intellectual Property Rights

We or our Partners retain all rights, title and interest in and to all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”) in the Gridpay Services.

The limited rights granted to you to access and use the Gridpay Services do not convey any additional rights in the Gridpay Services, or in or to any Intellectual Property Rights associated with them. All hardware, software and other components of or used to provide the Gridpay Services, including all related Intellectual Property Rights, will remain with and belong exclusively to us and our Partners.

10. Data Protection

We take privacy and personal information seriously. We process your personal data in accordance with our Privacy and Cookie Policy (together, ‘Policies’).

To make a data protection request, contact our Data Protection Officer by email at DPO@myenergi.com.

11. Variation

These Terms and Conditions and any of our Policies may be varied by us from time to time. Any revisions to our Terms and Conditions or Policies will be made available on our website and will apply to the Gridpay Services from the date of publication. Any use by you of our Gridpay Services following the publication of revised Terms and Conditions or Policies will constitute acceptance of such changes.

12. Limitation of liability

We have taken every care in the preparation of our Gridpay Services. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with;

• anything unforeseeable caused by our Gridpay Services or a failure to provide Gridpay Services (for whatever reason), for example, losses you suffer due failure to deliver the required level of charge to your electric vehicle by the specified charge time;
• as long as we have taken the steps set in clause 7 (Matters outside our control which affect the Gridpay Services) of these Terms and Conditions, anything beyond our reasonable control;
• something you could have avoided by taking reasonable action, for example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us;
• any additional energy charges you incur as a result of us or our Partners amending, stopping, starting or adjusting the flow of electricity through your myenergi devices; or
• business losses in connection with your trade, business, craft or profession and where you are a business, any loss of profit, indirect or consequential loss arising under or in connection with the Gridpay Services.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Given the nature of the Gridpay Services, we cannot guarantee that the software supporting the Gridpay Services will be free from faults, interruptions, viruses, Vulnerabilities or errors or that it will be available 100% of the time and whilst we will use our reasonable endeavours to ensure as much availability as possible, we will not be liable for unavailability which is beyond our reasonable control.

 

13. Use of Gridpay Services

By agreeing to use the Gridpay Services, you agree that you will not attempt to obtain unauthorised access, violate any applicable laws in use of Gridpay Services/information contained therein, and not to collect or store any personal information derived from the Gridpay Services, whether for legitimate or illegitimate purposes.

The Gridpay Services may include participation in a programme run by the ESO (Electricity System Operator), TSO (Transmission System Operator), DNO (Distribution Network Operator), and/or other parties responsible for electricity system operations. By agreeing to use the Gridpay Services, you agree to any programme-specific requirements outlined in any programme-specific signup process, and you agree to not participate in the same programme (e.g., the ESO’s Demand Flexibility Service) with an equivalent provider. If you sign up with us and are already registered with another provider, you may no longer be eligible to participate with that provider.

By agreeing to these Terms and Conditions, you agree to us contacting you to learn more about your experiences and collect your feedback including any suggestions, enhancement requests and recommendations regarding the Gridpay Services.

14. Termination

If you wish to terminate your Gridpay Services account and receipt of the Gridpay Services, you may simply discontinue using the Gridpay Services. If you wish to terminate your account, please contact us by email at gridpay@myenergi.com. We will action the termination of your Gridpay Services account and receipt of the Gridpay Services as soon as reasonably possible after we receive your email.

We reserve the right to terminate, deactivate and/or suspend any Gridpay Services account  you may have with us or use of the Gridpay Services if you do not meet the relevant requirements to use the Gridpay Services in place from time to time which we or our Partners will communicate to you or for any other reason without notice before we do so, but we will inform you after this has occurred and we may also remove and discard all or part of your Gridpay Services account and/or discontinue, modify or alter any aspect, feature or policy of the Gridpay Services, at our sole discretion and at any time without notice.

In the event of termination of your Gridpay Services account and receipt of the Gridpay Services, you will be entitled to withdraw any amount credited to your Gridpay Services account, but you will not be credited any further sums after termination takes effect.

All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination.

15. Right to change your mind

Given you will sign up to receive Gridpay Services, you have a legal right to change your mind about creating your Gridpay Services account and agreeing to receive Gridpay Services.

If you change your mind, you must let us know no later than 14 days after the day we confirm we have accepted you in respect of the provision of Gridpay Services which will be when we have set up and given you access to your Gridpay Services account.

 

To let us know you want to change your mind, please contact us by email to confirm this on our dedicated Gridpay Services email address which is gridpay@myenergi.com.

16. Consumer Rights

We honour our legal duty to provide you with services that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

 

A summary of your key legal rights are below as you are engaging with us to provide a service, the Consumer Rights Act 2015 says:

 

• You can ask us to repeat or fix a service it it is not carried out with reasonable care and skill;
• If a price has not been agreed upfront, what you are asked to pay must be reasonable; and
• If a time has not been agreed upfront, the service must be carried out within a reasonable timescales.

 

 

If either we or you have any right to enforce these Terms and Conditions against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.

You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions where we reasonably believe your rights will not be affected.

These Terms and Conditions, together with any information referenced in these Terms and Conditions relating to rewards, incentives and the nature of the Gridpay Services and the Policies contain the whole agreement between us and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Gridpay Services. No course of conduct, failure or delay shall affect the validity, binding effect or enforceability of these Terms and Conditions or be considered an implied waiver.

These Terms and Conditions are between you and us. No other person has any rights to enforce any of its terms.

Each clause of these Terms and Conditions operates separately. Each clause of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.

We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

These Terms and Conditions are governed by the English law and you can bring legal proceedings in relation to our Gridpay Services in the English courts or the court where you live.