Terms and Conditions of the Trial
These Terms are important so please read them carefully. They apply to your activities on the website at www.thefredtrial.co.uk (“Website”) and your participation in the Flexibly Responsive Energy Delivery Trial (“Trial”). Part 1 will always apply when you use the Website and other Parts of these Terms only apply in relation to the Trial.
You should only use the Website if you agree with these Terms. When you click to “accept”, you will be legally bound by these Terms. We recommend that you print a copy for your records.
We may change these Terms from time to time so you should check back regularly to see if anything has changed but we will also notify you of any significant changes either on the Website or by email. In relation to your use of the Website, changes will become effective from the next time that you access the Website.
Part 1 General
1 Who we are, what we do and contacting us
1.1 We are a consortium of two separate companies called Energy Systems Catapult Limited (company number 08705784 and with registered address at Cannon House 7th Floor, 18 Priory Queensway, Birmingham, West Midlands, England, B4 6BS) (“ESC”) and myenergi Ltd (company number 10261262 and with registered address at Church View Business Park, Binbrook, Market Rasen, LN8 6BY) (“MyEnergi”) (collectively “we” or “us”).
1.2 Please find below the relevant contact details if you have any questions or complaints in relation to the Website and the Trial:
Matter Entity Email Telephone
Website/ FRED Recruitment ESC firstname.lastname@example.org NA
Trial MyEnergi email@example.com 0333 300 1303
2 Your rights and restrictions
2.1 The Website is for your own personal and non-commercial use only.
2.2 When using the Website and your Account, you agree not to:
(a) attempt to undermine the security or integrity of the Website, our computing systems or networks (or its suppliers’). We will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them;
(b) use, or misuse, the Website in any way which may impair the functionality of the Website, or other systems used to deliver the Website or impair the ability of any other user to use the Website;
(c) create links to the Website unless Company gives you prior written consent;
(d) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
(e) impersonate any other person while using the Website; or
(f) use the Website for any unlawful purpose.
2.3 You may have other rights granted by law, and these Terms do not affect these except if the two are inconsistent. If this is the case then these Terms will override any other rights which you may have, unless this is not permitted by law.
3 Your data
4.1 Other than as set out in these Terms the Website is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or any information, content, materials or products included or referenced on the Website.
4.2 We do our best to ensure that the information accessed through the Website is accurate and up to date but cannot guarantee that this will always be the case.
4.3 We aim to make the Website available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside of our control, such as the internet.
4.4 We follow industry standards and processes to prevent against the introduction of viruses, malware and malicious attacks that may harm the Website or the device that you use to access the Website, but we cannot guarantee that the application will be totally free from viruses and malware.
5 Our rights and obligations
5.1 We may change, modify, amend or remove some or all of the functionality or content on the Website at any time.
5.2 We and/or our licensors are the owners of the Website, which includes (but without limitation) any software, applications and domains made available through it.
5.3 All intellectual property rights in the Website, and the content (except the personal information of you and other users contained your and their accounts), video, audio, graphics, logos, icons and service names which appear on the Website belong, or are licensed, to us. You do not have any rights to such intellectual property except as expressly set out in these Terms.
5.4 These Terms do not exclude or limit our liability (if any) for:
(a) death or personal injury caused by our negligence;
(c) fraudulent misrepresentation; or
(d) any matter which it would be illegal for us to exclude or attempt to exclude our liability.
5.5 We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and which are reasonably foreseeable. We are not liable for any other losses or for business losses (including but not limited to loss of profits, contracts, goodwill or opportunity).
6 Suspension and termination
6.1 You can terminate these Terms at any time by contacting us. If you do so, you will no longer be able to access your Account or the information held in your Account.
6.2 We may suspend access to your Account or terminate your Account at any time and for any reason. We will tell you as soon as possible if we suspend or terminate your Account.
7.1 These Terms and all communications between us will be in English. No other languages will apply to these Terms.
7.2 You may not transfer any of your rights under these Terms to any other person.
7.3 We may transfer any of its rights under these Terms to any person or ask any person to fulfil any aspect of it so long as the performance of these Terms is not affected.
7.4 Only you and us have any rights under these Terms. No other person shall have any rights under these Terms.
7.5 These Terms will be governed by English law and any court proceedings related to these Terms must be taken at a court within England and Wales.
7.6 If you already have a myenergi hub you may be eligible for a maximum reimbursement of up to (£85 + postage up to £4.00) – contact myenergi on firstname.lastname@example.org for more information. You will need proof of purchase and myenergi will only refund what you have paid for the hub up to the maximum amount stated above.
Part 2 Trial
This Part applies to your participation in the Trial.
8.1 We are under a legal duty to provide the Trial that conforms with its description on the Website and these Terms.
8.2 When you click “accept” to these Terms after completing the FRED Recruitment Survey you will have entered into a contract incorporating these Terms (“Contract”) with us.
8.3 You must keep your contact details in your Account up-to-date so that we can contact you about the Trial.
8.4 If you realise there is an error in your details, please contact us using the details in paragraph 1(b).
9 Trial - (1) Tech Trial; and (2) Tech Trial with Consumer Insight
9.1 Upon successful completion of the FRED Recruitment Survey, you have the option of choosing one of the two following types of the Trial: (1) Tech Trial; and (2) Tech Trial with Consumer Insight.
9.2 The Trial will commence on the day you receive the myenergi Hub device and terminate on November 2020 (“Trial Period”).
9.3 For the Tech Trial:
(a) myenergi will send a myenergi Hub device to your address;
(b) You must install the myenergi Hub in accordance with the instructions provided; and
(c) myenergi has outsourced to a separate entity called Evergreen Smart Power Ltd to be responsible for remotely controlling the usage of the zappi and eddi devices.
9.4 For the Tech Trial with Consumer Insight:
(a) The obligations under paragraph 10.3 apply;
(b) You must install the Indeemo app and provide a video recording and photos of your installation of the MyEnergi Hub in accordance with the instructions provided;
(c) You must respond to periodic telephone interviews (up to 3 interviews during the Trial Period) (“Telephone Interview”) and online questionnaires (up to 5 questionnaires during the Trial Period) (“Online Questionnaire”) from ESC; and
(d) Each time you successfully respond to a Telephone Interview or an Online Questionnaire we will send you an Amazon voucher worth a maximum of £50 (this amount will vary depending on the task and will be made clear to you before undertaking the task). There will be the opportunity to earn up to a maximum of £150 of Amazon vouchers throughout the Trial.
10 Terminating the trial
10.1 To terminate the Trial before the end of the Trial Period, you must send an email to us the details in paragraph 1(b).
10.2 Upon such termination of the Trial, you must return the myenergi Hub device or pay for its cost of £85 upon request from us.