TERMS & CONDITIONS
This page (together with the documents referred to on it (including those set out in the Important Information area of our website, www.owlintuition.com (our site)) tells you information about us and the legal terms and conditions (Terms) on which we provide the OWL® Intuition internet enabled, wireless energy monitoring and control services (Services).
These Terms will apply to the Services to be used in conjunction with the OWL® product (Product) you have purchased. It does not matter if you purchased your Product from us or from someone else. Please read these Terms carefully and make sure that you understand them, before you start using the Services. Please note that before completing your registration for the Services you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time and the current Terms are always published on our site. Please check our site from time to time as your continued use of the Services will be governed by them.
1.1 We operate the website www.owlintuition.com. We are 2 Save Energy Limited, a company registered in England and Wales under company number 05626628 and have our registered office at Unit 9, Grafton Way, Basingstoke, Hampshire RG22 6HY.
1.2 To contact us, please see our support help desk.
2.1 The Service you receive will depend on whether you have purchased an energy monitoring Product or an energy controlling Product. You will be asked which Product you have purchased as part of the activation procedure. Our site will then take you through the steps to set up the Service appropriate to your Product.
2.2 Our energy controlling Products and Services aim to provide enhanced capabilities whilst saving energy (and hence, costs). However, there are many external and individual lifestyle factors that can significantly affect any savings made. No particular level of performance can therefore be guaranteed. It is also possible that your use of our Products and Services may increase overall energy consumption from your usual levels. Potential savings stated on our site, in our promotional materials and advertising are based on typical usage and are not guaranteed.
2.3 Regardless of the Product you have purchased, we provide the Services free of charge for two years from the time you first activate your account. We hope to continue offering the Services free of charge in the long term, but commercially we have to reserve the right to start charging an annual fee if we deem it necessary. We will give you at least three months' notice if we decide to do so, and you will have the right to cancel the Services should you not want to pay a fee.
2.4 OWL® Intuition: We will contact you from time to time with details of third party products and services that, based upon the knowledge we have collected, are likely to save you energy and/or money. Additionally, we may contact you to offer Service upgrades, new services or to request your participation in market research. There is no obligation on you to purchase or participate in any of these. However, if you do then we may receive a commission or similar payment from a third party provider.
OWL® Intuition Premium: We think that receiving details of third party products and services that are relevant to you and that can save you money is great, but not everyone will want this. So, if you prefer not to be contacted, then you can transfer at any time to OWL® Intuition Premium. The premium Service excludes all advertising and other promotional contact as described above. There is an annual subscription of £28.80 (including VAT) payable in advance for OWL® Intuition Premium. Please contact firstname.lastname@example.org if you would like to transfer. We will call you back to process your request and you will need to have your bank details to hand so that we can set up a direct debit instruction. We will automatically renew your annual subscription (and process your payment) unless you notify us otherwise at least one month before your annual renewal date. If you wish to transfer back to OWL® Intuition, you can do so at any time but you will not be entitled to a refund for any unexpired period of your subscription.
3.1 To use the OWL® Intuition service you will need to maintain the connection of the Network OWL® to the internet via your existing "always-on" broadband internet services. If the internet connection fails then you will not be able to view "live" data or use any remote control functionality, however the Network OWL® does have limited data logging capability to store data whilst offline, which will automatically upload when the internet connection is restored. Additionally, the Network OWL® needs to be continuously powered using the mains power adapter supplied - obviously without power, "live" data and data logging is not possible. Finally, certain elements of the OWL® Intuition system are battery powered. You will need to ensure that the batteries are changed when required for the service to continue.
3.2 Once you have unpacked and correctly installed your Product, please activate the appropriate Service by visiting our site and following the online instructions. You will need to create a username and password. You may use any combination of letters and numbers (with a minimum of six and a maximum of 16 characters), but please ensure that these are both memorable and that your password is strong and safe (please see further below).
3.3 You may need to download software required to enable communication between your Product, us and you (Software). Please follow the online instructions, if prompted to do so. Your use of the Software is subject to the terms of the licence below.
4.1 We grant you a non-exclusive, non-transferable licence to use the Software for the sole purpose of enabling the Services for so long as the Services are available to you (Licence). We may issue Software updates incorporating code "patches" and error corrections from time to time and the Licence governs these as well.
4.2 The Licence is granted to you on the basis that you undertake not to:
- copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up;
- rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
- make alterations or modifications to the Software or combine or incorporate it (or any part of it) in any other programs;
- disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software; or
- provide or make available the Software to any person without our prior written consent.
4.3 You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use it in accordance with the terms of the Licence.
4.4 You acknowledge that the Software has not been developed to meet your individual requirements and that it may not be free from bugs or errors.
4.5 The Licence will terminate automatically, without liability to us, if the Services are cancelled or terminated under clause 8.
5.1 We have worked very hard to ensure that our Services are available to you all of the time. However, this is not always going to be possible given the complexity of the systems our Services rely on. Our servers will be in constant contact with your Product via third party communication links and your ISP, your router and your computer all have a part to play. You may also access the Services through your mobile communications device which relies on a connection from your mobile communications provider.
5.2 We operate a policy of continuous improvement. This means that we will regularly update our systems and software that make up the Services. Some software updates will be done by us remotely and normally without any involvement on your part. We will not normally contact you before making these changes, but will ensure that wherever possible it is done without affecting the Services. Other updates will require manual installation. These will be less frequent, but you must install all updates when they become available. If you do not install our updates, performance of the Services may become limited or unreliable. We will always try and improve the Services with the minimum of disruption to you, but there may be occasions where the Services are temporarily suspended for maintenance or repair. We may not always be able to notify you in advance of a suspension of Services. Please bear with us if there is some downtime in availability; you can be sure that we will be trying to fix it as quickly as possible.
5.3 There is a lot of work we do behind the scenes and a lot of third party equipment involved. As a result, we cannot guarantee that the Services will be always live, uninterrupted or error-free and we will not be liable to you if the Services are temporarily unavailable, or if there are variances in performance from time to time, for whatever reason.
6.1 OWL® Intuition is provided using a secure (SSL/TLS) connection (like internet banking). SSL is also used between our servers and your Network OWL® internet gateway. Whilst this provides good protection for your data you acknowledge that data transmitted between you and us may be intercepted and we can accept no liability for this. In particular you should be aware that the security afforded by email, text messages and push notification messages, during transmission, is often limited.
6.2 You are responsible for keeping the username and password that you use to access the Services confidential, safe and secure. We recommend that you chose a password that uses lowercase, uppercase and a combination of alpha-numeric characters. But do please make sure that whatever combination you use, it is memorable! You must not allow others to access your account.
6.3 You should always log out from our site when you are not using it, whether or not you use a shared computer to access our site. You must notify us immediately if you have any reason to believe that your account security has been compromised.
6.4 We have worked hard to ensure that the Services are safe and secure, but you acknowledge that you alone are responsible for protecting your computer hardware, software and data from unauthorised access and free and clear of viruses and malware. We will have no liability to you if you fail to keep your account secure.
7.1 We aim to provide the highest standards of customer service and support.
You will find comprehensive online help and support on the help desk found at theowl.zendesk.com - and can get in touch with our support team via the help desk for free.
8.1 We don't want to lose your custom but if you decide that the Services are no longer for you, you can cancel them at any time. Just contact us via the helpdesk and we will take care of everything for you.
If your Network OWL® has not communicated with our servers at least once during a continuous period of six months, we will assume that you no longer wish to use the Services and we may delete your account and all associated data.
If in our opinion you abuse the Services or use them for any illegal or immoral purpose, we may cancel the Services immediately, without notice. You agree to indemnify us against any loss, cost, expense, damage, fine or claim we suffer as a result of your use of the Services.
If you are an OWL® Intuition Premium subscriber, you will not be entitled to a refund for any unexpired period of your subscription if you or we cancel.
8.2 We reserve the right to suspend or withdraw the Services at any time without notice (although we will always try and give you as much notice as possible) and we will not be liable to you if the Services are suspended or withdrawn. If the Services are suspended or withdrawn, you may experience reduced functionality of your Product and may no longer be able to access your data. You should maintain records and back-up your data regularly.
8.3 If you or we cancel, suspend or withdraw the Services, the ownership of your Product is not affected. It will remain your product and we will not accept returns or offer a refund for it.
9.1 You acknowledge that our Products and Services are designed for use as a tool to monitor and manage energy use, with the aim of securing efficiency savings.
Some of our Products and Services are capable of monitoring and controlling any device connected to a power source in your home or premises and it is incumbent on you to use our Products and Services responsibly. We do not recommend that you use our Products and Services for the remote management of critical equipment, such as medical equipment or equipment used to maintain steady state pet environments, for example. We do not recommend that you use our Products and Services for the remote management of equipment that may cause loss or damage if it is switched on or off suddenly or unexpectedly, such as a fridge or freezer, for example.
9.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you first activated your account. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
10 .1 These Terms are between you and us. No other person has any rights to enforce any of the Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
10.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
Version: 003 - 26th March 2014