Terms & Conditions
Last updated on July 1st 2012
2 Information about engage
engage is a service designed to help people reduce their home electricity consumption. Engage is a trading name of Efergy Technologies Limited and our address is 320 Main Road, Darnall, Sheffield S94QL (United Kingdom), with VAT number GB116247237. You can contact us by phone (+44 (0)114 3272 529) or email (email@example.com).
3 Registering with engage
There are two levels of registration with engage:
3.1 Registered user
Registration involves providing us with a username, your email address and setting a password. When registering you will be subscribed to an email newsletter through which you will receive occasional emails about the engage platform, engage hub and engage apps informing about promotions, new features or new products associated with the service. You will be able to unsubscribe from the list anytime.
3.2 engage member
Full membership of engage requires a registered user to connect their electricity monitor to our system. Once the equipment is correctly set-up in your home and the instructions for connecting to our servers have been followed you can activate your membership. To view your own data on the web site you will need to login with your username name and password.
4 Your registration
You are responsible for maintaining the confidentiality of your username and password and must take all reasonable steps to keep it confidential. If your security is breached and someone uses your details, advise us immediately and we will cancel the registration. You can change your details at any time by logging in to the website and editing your profile as required.
5 Service Description
6 Service Availability
Our goal is to have the service available for 99.99% of the time but engage cannot be held liable for any service outages. Planned outages will be notified to members via email and the web site.
7 Changes to the engage Service
The engage service is constantly evolving; we reserve the right to implement further practices and limits pertaining to the use of the service over time. This includes modifying or discontinuing, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that engage shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
9 International Legal Compliance
As the internet transcends national boundaries, you agree to comply with your local laws and polices in force regarding online conduct and acceptable content.
10 Acceptable Use
The core tenant of the engage service is that you must not interfere with the legitimate use by others of the Internet.
10.1 User conduct
Any content you post to the engage site must comply with commonly acceptable standards of behaviour. You must not be libellous, defamatory or otherwise illegal in what you post. Posted content which is unacceptable includes comment which is offensive, aggravates and/or objectionable to others; racist and/or ethnically objectionable; obscene; libellous; harmful; hateful; harasses; threatens; defames; abusive; vulgar; incites violence. You must respect third party rights and not violate privacy, trademark or copyright. We reserve the right to remove such content and terminate the account of members who violate these standards.
10.2 User disputes
In the unlikely event of members getting into disputes between themselves we expect them to resolve them. If we find that such dispute is being conducted in a manner which is detrimental to the best interests of the community, we reserve the right to intervene and act appropriately.
10.3 Use of engage Service
engage may only be used by you for lawful purposes. You are responsible for your engage account, the data within it and keeping your password confidential. If you realise that someone else has been using your account (without your permission) please email us immediately at firstname.lastname@example.org. You are allowed to use the engage service for personal use only. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at email@example.com If you wish to cancel your access your engage account at any time, please contact us at firstname.lastname@example.org
11 New forms of Internet Abuse
12 Content Ownership
Members own their own electricity data. engage will not use personal electricity consumption data for any purpose although we will collate members data to support comparison, measurement across groups, on-going analysis, etc. You represent and warrant that with regard to any posts you make to the Forums that you own or otherwise control all of the rights to the content you post and that it is accurate and not in breach of engage policies or guidelines. You agree to indemnify engage for any claims brought by a third party against engage in connection with any breach of these warranties.
13 Investigation & Complaint Process
16.1 engage Termination
16.2 Termination due to Non-Compliant Activity
Where serious transgressions or illegal activities are found occurring within the engage service, engage is within its rights to inform any relevant authority, including the police. Engage are within its rights to make any public announcement to say action has been taken, including identification details. Where you are found at fault, you will be liable for all costs and damages incurred by engage in the provision of this service and you will have no compensation in respect of withdrawing your service and/or closing your account.
17 Proprietary Rights
You acknowledge and agree that the engage service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. No content from the site (other than your own electricity consumption data or posts to discussion groups) can be copied, captured or quoted in any manner without the express written permission of engage. Please contact us at email@example.com if you wish to make such a request. Decompilation, reverse engineering or re-engineering of any nature, or attempting to do so is strictly forbidden.
18 Resale of the Service
You expressly agree not to sell, resell, copy, duplicate, reproduce or exploit any part of the engage service, application or documentation. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at firstname.lastname@example.org
We reserve the right to assign this contract at any time whether in whole or in part. You do not have this right but can cancel your contract at any time by contacting us at email@example.com
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ENGAGE SERVICE, SOFTWARE, DOCUMENTATION AND ANY ASSOCIATED MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS WITH NO WARRANTIES WHATSOEVER. ENGAGE AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF (A) MERCHANTABILITY, (B) FIT FOR A PARTICULAR PURPOSE, (C) NON-INFRINGEMENT, (D) RELIABILITY, (E) INTERUPTION OF SERVICE, (F) TIMELINESS, (G) PERFORMANCE OR (H) ERROR FREE. ENGAGE DISCLAIM ANY WARRANTIES REGARDING (A) THE SERVICE MEETING YOUR REQUIREMENTS, (B) ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE, (C) QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS RECEIVED OR PURCHASED THROUGH THE SERVICE, (D) ANY ERRORS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE ENGAGE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENGAGE WILL IN NO WAY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, LOSS OF USE, GOODWILL OR ANY OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR ARISING OUT OF (A) PROCUREMENT COST OF SUBSTITUTE GOODS AND/OR SERVICES, (B) INABILITY OR USE OF THE SERVICE, (C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) UNAUTHORISED USE, (E) ANY PERFORMANCE OR NON-PERFORMANCE ISSUE RELATING TO THE SERVICE AND (F) ANY OTHER MATTER RELATING TO THE SERVICE.
July 1st 2012