PLATFORM TERMS AND CONDITIONS

About our terms

  1. These terms and conditions of use (Terms) explain how you may use our energy platform (Platform). These Terms apply between Heat Geek Ltd (we, us or our) and you, the person accessing or using the Platform, or, if you are accessing the Platform on behalf of a corporate entity, that corporate entity (you or your).
  2. You should read these Terms carefully before using the Platform. By using the Platform or otherwise indicating your consent, you agree to be legally bound by these Terms. If you do not agree with any of these Terms, you should stop using the Platform immediately.
  3. You must be over the age of 18 to use the Platform and to register for an account.
  4. If you are using the Platform or are registering for an account on behalf of a corporate entity, you represent and warrant to us that you have the requisite authority such that these Terms shall be legally binding on the corporate entity.
  1. About us
  1. We are Heat Geek Ltd , a company registered in England and Wales under company registration number 11887015. Our registered office is at Sustainable Workspaces, County Hall, Belvedere Road, London, SE1 7PB.
  2. If you have any questions about the Platform, please contact us at upgrades@heatgeek.com
  1. Using the Platform: General
  1. If you are a subcontractor, the Platform is for your personal use only.
  2. If you are a customer, the Platform is for your personal and non-commercial use only.
  3. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.
  4. We make no promise that the Platform is appropriate or available for use in locations outside of the UK. If you choose to access the Platform from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
  5. As a condition of your use of the Platform, you agree not to:
  1. misuse or attack the Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);
  2. attempt to gain unauthorised access to the Platform (including any attempt to open a new account if a previous account has been terminated or suspended), the server on which the Platform is stored or hosted or any server, computer or database connected to the Platform;

or use the Platform:

  1. for any purpose that is unlawful under any applicable law including any data protection legislation;
  2. to commit any act of fraud;
  3. to distribute viruses or malware or other similar harmful software code;
  4. for purposes of promoting unsolicited advertising or sending spam;
  5. to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
  6. in any manner that disrupts the operation of the Platform or business or the website or business of any other entity;
  7. in any manner that harms minors;
  8. to promote any unlawful activity;
  9. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
  10. to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
  11. to attempt to circumvent password or user authentication methods.
  1. We may prevent or suspend your access to the Platform and/or your account if you do not comply with these Terms or any applicable law.
  2. You may create a link to our Platform from another website without our prior written consent provided no such link:
  1. creates a frame or any other browser or border environment around the content of the Platform ;
  2. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Platform;
  3. displays any of the trade marks or logos used on the Platform without our permission or that of the owner of such trade marks or logos; or
  4. is placed on a website that itself breaches these Terms.
  1. We reserve the right to require you to immediately remove any link to the Platform at any time, and you shall immediately comply with any request by us to remove any such link.
  1. Registration and password security
  1. Use of the Platform requires you to register for an account.
  2. We are not obliged to permit anyone to register with the Platform.
  3. You may not share your account or account details with any other person.
  4. You are responsible for all acts or omissions carried out through your account and are responsible for making sure that your password and any other account details are kept secure and confidential.
  5. If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
  6. Any personal information you provide to us as part of the registration process will be processed, retained and used in accordance with our Privacy Notice available at https://www.heatgeek.com/privacy-policy/.
  7. You represent and warrant that all information provided to us in the process of registration is accurate and not misleading.
  1. Using the Platform: Bulletin boards, chat rooms and other interactive services
  1. We may make bulletin boards, chat rooms or other communication services (Interactive Services) available on the Platform.
  2. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
  3. We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.
  4. Any Submission you make must comply with our Submission standards set out in clause 7 below.
  5. Subject to clause 6.6, by making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Platform, and on any other websites operated by us, indefinitely.
  6. Where you are a subcontractor and are using the Platform in connection with work which has been subcontracted to you, where any Submissions or part of them contain intellectual property rights generated by you, as a subcontractor for the purpose of carrying out subcontract work, these shall be owned by us.
  7. Any Submission made to public areas of our Platform may be viewed and used by any member of the public. We strongly recommend that you do not post any information that allows strangers to identify or locate you.
  1. Submission standards
  1. Any Submission you make to our Interactive Services and any other communication to users of our Platform by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.
  2. In particular, any Submission or communication by you must be:
  1. your own original work and lawfully submitted;
  2. factually accurate or your own genuinely held belief;
  3. provided with the necessary consent of any third party;
  4. not defamatory or likely to give rise to an allegation of defamation;
  5. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
  6. unlikely to cause offence, embarrassment or annoyance to others.
  1. We shall apply these Terms in our absolute discretion. In the event of your breach of these Terms we may terminate or suspend your use of the Platform, remove or edit Submissions, disclose Submissions or any other communication to users of our Platform by you to law enforcement authorities or take any action we consider necessary to remedy the breach.
  1. Infringing content
  1. We will use reasonable efforts to:

7.1.1         delete accounts which are being used in an inappropriate manner or in breach of these Terms; and

7.1.2  identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of these Terms

when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

  1. If you believe that any content which is distributed or published by or on the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
  1. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice available at https://www.heatgeek.com/privacy-policy/,which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

  1. Ownership, use and intellectual property rights
  1. The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, underlying software, processes or other information or material submitted to or accessible from the Platform together with any and all associated updates, enhancements, variations and derivative works (Content) are owned by us and our licensors.
  2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
  3. Nothing in these Terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content.
  4. Use by you of any trade marks, logos or business names on the Platform or in the Content is strictly prohibited unless you have our prior written permission.
  1. Submitting information to the Platform
  1. While we try to make sure that the Platform are secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable.
  2. Other than any personal information which will be dealt with in accordance with our Privacy Notice, we do not guarantee that information supplied to us through the Platform will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
  1. Accuracy of information and availability of the Platform
  1. We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose.
  2. We may suspend or terminate your access to the Platform without notice where:
  1. you have breached these Terms;
  2. you have breached the terms of any other agreement you have with any member of our corporate group;
  3. (if you are a subcontractor), your agreement for any subcontract work has ended; and
  4. it is required by law or any other regulatory authority.
  1. We may suspend or terminate the operation of the Platform without notice where required by law or any other regulatory authority. In all other cases we shall give you 14 business days’ notice by email or via the Platform before suspending or terminating operations.
  2. Where your access is terminated or suspended, or the Platform’s operation is suspended or terminated you shall not be liable for the portion of the platform fee which relates pro rata to the time in which you are unable to access the Platform.
  3. Please note that unless otherwise stated on the website, any estimates are just that. They are not guaranteed and should not be relied upon as such.
  4. While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.
  1. Payments made on or through the Platform
  1. We use third party providers to process payments made on or through the Platform and shall not be liable to you for any malfunction, delay, error or similar in respect of the payment service.
  1. Hyperlinks and third party sites

The Platform may contain hyperlinks, interactive features or references to third party advertising and websites including various social media platforms. Any such hyperlink, interactive features or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink, interactive feature and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

  1. Our responsibility to you
  1. If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
  2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
  3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
  4. You will indemnify and hold us harmless from and against all liabilities, claims, costs, damages, settlements, expenses, interest, penalties and legal fees suffered or incurred by us arising out of or in connection with any Submissions or other information which you have placed on the Platform and any breach by you of these Terms.
  1. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

  1. No third party rights

No one other than us or you has any right to enforce any of these Terms.

  1. Variation
  1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 17.
  2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on this page and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
  1. Complaints
  1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
  2. If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
  3. If you do not wish to use ADR, you can still bring court proceedings.
  1. General
  1. The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
  2. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
  3. These Terms shall survive termination or suspension of your access to the Platform and/or your account.