myenergi App Terms and Conditions of Use

Introduction

These are the terms and conditions of use for the application (and any updates or upgrades to it) available from any third-party app store (the “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 located at Pioneer Business Park, Faraday Way, Stallingborough, Grimsby DN41 8FF.

Your use of the App is 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. The 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 updating 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 operating system for which the App was designed; therefore, you must ensure that you have a compatible device that 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.

It will be assumed that you 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 the App, 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 the 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 are provided with, a login 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 disclose it to anyone else. You are responsible for all activities that occur under your log-in ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-in 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 purpose of registering as a user prove to be false.

We cannot and do not guarantee that the App will operate continuously, without interruption, or without errors, or that the App will respond at a certain speed (since this depends on a number of factors beyond our control).

Fees 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 to 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 use the App only for non-commercial purposes 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 as expressly provided in these terms and conditions, you may not:

republish, redistribute, or retransmit the App;

copy or store the App other than for your own use as permitted by these terms and as may occur incidentally in the normal course of using 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 modify any content of the App, or attempt to circumvent security measures or interfere with the proper functioning 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 could harm our name or reputation, or that of any of our affiliates; or

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

All rights granted to you under these terms and conditions will terminate immediately if you breach any of them.

Third-party platform providers and app stores

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

Third-party app 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 governing any third-party app 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 we do not guarantee that they will be continuously available.

Intellectual Property Rights

We license, but do not sell, the App you download to you. 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, trademarks, and logos) are owned by us or our licensors. Except as expressly set forth herein, nothing in these terms and conditions grants you any rights with respect to 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. If you print, copy, or store pages from the App (only as permitted by these terms and conditions), you must ensure that any copyright, trademark, or other intellectual property notices contained in the original content are reproduced.

Content

You agree that the 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, if your device settings allow it, by automatically delivering updates. You are not required to download the updated App, but we may stop providing and/or updating content for earlier versions of the App, and, depending on the nature of the update, in some cases 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 stop providing and/or updating content on the App, with or without notice to you, if we need to do so for security, legal, or any other reasons.

While we strive to ensure that the content made available by the App—consisting of information that we have provided—is accurate, you acknowledge that the App may make content available that is derived from a variety of sources, for which we are not responsible. In all cases, the information made available by the App is not intended to constitute an authoritative statement or advice on which you should rely. You should check with us or the relevant source of information before acting on any such information.

Except as set forth in these terms, we make no representations or warranties regarding the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for a particular purpose, or originality of any content on 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 share that content, either with 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 ensure that all User Submissions are 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 confidentiality; is obscene, sexually explicit, threatening, abusive, harassing, incites violence or hatred, is blasphemous, discriminatory (on any ground), is likely to cause anxiety, alarm, or embarrassment, is 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 unauthorized advertising, marketing, or promotional material, or any other form of solicitation (spam); or

transmit or distribute any virus and/or other code that contains harmful 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 sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Submission (in whole or in part) and/or to incorporate it into other works in any form, medium, or technology, and you waive any moral rights you may have in, or to be identified as the author of, such User Submission.

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

Complaints regarding the content of any User Submission must be sent to [email address] and must include details of the specific User Submission that is the subject of 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 we 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 a 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 of 1987; or
for any other liability that, by law, may not be limited or excluded.

Subject to this, under no circumstances 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 if they could have been anticipated by both you and us at the time we accepted your order.

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

General

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

All notices you send to us must be in writing and sent to the address listed at the end of these terms. We may send notices to you at either the email address or mailing address you provide to us when placing an order.

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

If any provision of these terms is found to be unenforceable, all other provisions shall remain in full force and effect.

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

These terms and any document expressly referred to in them constitute the entire agreement between you and us regarding the subject matter of any Contract. We are required by law to inform you that Contracts may be entered into in English 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 laws of your country that apply for your benefit and protection in addition to or in lieu of certain provisions of English law.

You agree that any dispute between you and us regarding these terms and conditions or the App will be resolved exclusively 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) within the European Union other than England, you may choose to file a lawsuit either in your country or in England; however, if we file a lawsuit, we may only do so in your country.

Contacting Us

Please submit any questions you have about these terms, an order you have placed, or the ordering process in general, or any complaint or concern regarding any Product ordered, by email to 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 license to use the App is limited to a non-transferable license 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 absolutely no obligation to provide any support or maintenance services in connection with the App. If you have any maintenance or support questions regarding the App, please contact us—not Apple—using the “Contact Us” information provided in these terms;

We, not Apple, are responsible for addressing any claims made by 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 comply with any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation;

In the event that the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of 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 they have not been 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 connection with 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 subject to a U.S. government embargo or that has been designated by the U.S. government as a “state sponsor of terrorism”; and

you are not listed on any U.S. government list of prohibited or restricted parties; and

You must comply with any applicable third-party terms of service 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 permitted to reinstall the App an unlimited number of times at no additional charge, 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 parts of Google Play, and you will no longer have the right or ability to reinstall the App.

You may also be able to request a refund from Google for purchases made in the app if you meet the criteria outlined in the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.

We grant the User a nonexclusive, worldwide, and perpetual license to run, display, and use the App. Theterm “User”refers to you and may also include, but is not limited to, a family group and family members whose accounts are linked 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.