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Terms of Use

  • This website is operated by MyUtilityGenius Commercial Ltd ("MUGC") (Company No 08506172) of 5th Floor 60 Buckingham Palace Road, London SW1W 0AH, UK (the "Company", "We"). By using our Portal, you agree to comply with and be bound by the following terms and conditions (the "Terms of Use") together with our privacy policy. If you do not agree to these Terms of Use, you must not use this site. The School is granted the use the Portal following a signed agreement with the Company for the provision of Energy in School Service.
  • Article 1 (Purpose)
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    The Portal is a system operated by the Company and has the following purposes:
    1. To provide the School a service which allows the School to monitor it’s energy usage for the purpose of pupil’s learning;
    2. To provide the School with a service which allows the School to monitor it’s energy usage with a view to assist the School with managing it’s energy usage
    3. For the School to develop lesson plans using the material provided in the Platform to help pupils learn about the link between climate change and energy use and how to reduce energy use;
    4. To provide required information to energy supplier to enable them to provide the School with energy quotes and subsequently to contract with one of the energy suppliers
    5. To provide relevant information to other service providers who we deem to be able to offer the School other services that the School may wish to optionally evaluate;
  • Article 2 (Definitions)
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    "EiSS" or "Energy in School Service"is a service provided by the Company and its affiliates that a School may procure.
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    "Portal" or "site" or "Website" is reference to this website that is the property of the Company and only the Company has the right to grant its use under this Terms of Use.
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    "Equipment" or "Devices" is all equipment that may be provided by the Company or its partners as part of the EiSS agreement such as, but not limited, to display device, SmartThings devices, microbits.
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    Definitions of other terms used in this Terms of Use shall follow the relevant laws and regulations and commercial practices.
  • Article 3 (Application and Revision of School Agreement)
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    We reserve the right to amend these Terms of Use from time to time. Any changes will be posted on this Website. Your continued use of this Website after posting will constitute your acceptance of, and agreement to, any changes. This Terms of Use shall be applied to existing Schools who participated in the energy in school trial system ("ETS") , unless such revised Terms of Use violates the relevant laws and regulations and there is a separate transitional provision. In the event that the School does not consent to the revised Terms of Use, the school is entitled to withdraw its membership in accordance with Article 6.. Any matters not specified in this Terms of Use, and the interpretation of the contents of this Terms of Use, shall follow the relevant laws, regulations and commercial practices.
  • Article 4 (School’s use of the Portal)
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    This Terms of Use shall become effective when a potential school applies for registration and the Company accepts such application for registration. The School, at any time, may withdraw from the use of the Portal by giving notice of withdrawal to the Company by sending an e-mail to support@myutilitygenius.co.uk
  • Article 5 (Responsibility to manage personal information and the Company’s authority to amend and delete information)
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    The School shall provide information about the school in good faith based on the facts, and shall be liable for any damage due to the provision of incorrect or inaccurate content. In principle, all information about the school provided shall be done so by the School itself, and the School may access or change the information at any time. In the event that any content of the information about the school registered by the School violates social norms, the Company may change or delete such content at any time.
  • Article 6 (Viruses)
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    While we will monitor the Website on a regular basis we do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programme and platform, as appropriate, in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your or any person using the Website on your behalf downloading of any content on it, or on any website linked to it.
  • Article 7 (Responsibility for management of School ID and Password)
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    The School may use the Portal by accessing the Portal with his or her School IDs and Passwords for different user roles. The School shall be responsible for managing his or her School ID and Password, and shall not assign or share his or her School ID or Password for others to use them.
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    The Company shall not be liable for any disclosure of the School ID and Password not caused by the Company’s intentional act or negligence, and thus shall not be liable for any damage resulting from such disclosure.
  • Article 8 (Protection of Information)
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    The Company shall collect data on:
    1. School building level total power (electric) consumption every 6 seconds or any other frequency as is unilaterally determined by the Company and its affiliates.
    2. School building gas consumption every 30 seconds or any other frequency as is unilaterally determined by the Company and its affiliates.
    3. School floor plans uploaded by the user
    4. School address, energy usage history, metering details, current supplier details; school bank details (if the school switches energy supplier via the portal), energy manager phone number or email (if they choose to set-up energy or temperature alerts via the platform)
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    The Company shall use the services of an external service provider to collect building level total power (electric) and gas consumption data from the school’s Smart Energy meters. The Company shall provide information about the external service provider upon written request from the School.
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    Any personal data that you provide via the Website will be governed by our privacy policy.
  • Article 9 (Obligations of School)
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    The School shall comply with notifications given by the Company from time to time with respect to this Terms of Use and the relevant laws and regulations. The School shall not copy, reproduce or change information obtained using the Portal, nor provide others with such information without the prior consent of the Company.
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    The School shall not commit any of the following acts with respect to the use of Portal.
    1. Illegal use of another’s School ID or Password
    2. Defamation or slander of others, including the Company, its employees and its officers
    3. Posting advertising materials without the prior approval of the Company, or continuous transmission of advertising mail or spam against the will of others
    4. Any act violating the relevant laws and regulations
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    The School shall have all rights and responsibilities for any and all contents posted by him or her through the Portal. In the event that the content of any posting falls under the categories defined in Paragraph 3 of this Article, the Company may delete it without giving prior notice to or obtaining the consent of the School.
  • Article 10 (Roles and Responsibilities of the Company)
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    The Company will strive to provide continuous, stable and reliable Portal to the School.
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    The Company shall indemnify the ETS School against any damages arising from a fraudulent act by the Company. Notwithstanding the foregoing, the Company shall not be liable for any interruption or breakdown of the system specified in Article 11.
  • Article 11 (Interruption of operation of Portal and System breakdown)
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    The Company may temporarily interrupt the provision of the service for various reasons, such as repair and inspection or exchange of computation device, including computers or hacking, etc.
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    In the event that the Company deems that it is impossible to conduct a test due to a system breakdown that is beyond the control of the Company, the Company may take any measures necessary, such as cancellation of testing contents already entered or input. A system breakdown means that it is impossible to access the ETS due to a system failure or a malfunction of the network connected to the system, or that it is impossible to receive or transmit a problem registration.
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    If a failed entry of problem registration in the ETS is due to a malfunction of the School’s network or a breakdown by the network service provider, failure of the School’s system, etc., rather than due to a system breakdown specified in Paragraph 2 of this Article, such a failed entry is considered a non-transmission by the School.
  • Article 13 (Ownership of Copyrights and Limitation of Use)
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    Copyright and all other intellectual property rights to the works made by the Company and it’s affiliates shall be owned by the Company and it’s affiliates. The School shall not use information obtained during the use of the Portal nor cause any third party to use such information for any purpose by means of reproduction, transmission, publication, distribution, broadcasting, or other methods without the prior approval of the Company.
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    The School shall not use information obtained during the use of the service, nor cause any third party to use such information for purposes other than sales of products or services, by means of reproduction, transmission, publication, distribution, broadcasting, or other methods without the prior approval of the Company.
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    The Portal and any necessary software used in connection with the system ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. No content from the Portal other than your own electricity consumption data can be copied, captured or quoted in any manner without the express written permission of the Company. Please contact us at support@myutilitygenius.co.uk if you wish to make such a request.
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    Decompilation, reverse engineering or re-engineering of any nature, or attempting to do so is strictly forbidden.
  • Article 14 (Investigation & Complaint Process)
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    For any complaint about material posted about the Portal, please send an email to support@myutilitygenius.co.uk. The Company cannot guarantee your issue will be dealt with promptly if any other mechanism is used.
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    The Company reserves the right to investigate suspected violations of these Terms of Use. This could involve gathering data from trial participants, the Company facilities, other service providers and the complainant. If such an investigation is required and while it is under investigation, the Company is within its rights to suspend the suspect account and either temporarily or permanently remove the material involved from the ETS.
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    The Company may be bound by current or future legal statutes, such as the Regulation of Investigatory Powers Act 2000 to access, monitor, store, take copies of, or otherwise deal with the members’ data stored the service. Without limitation, you expressly authorise the Company to use personal data and other account information in connection with any such investigation, including disclosure to any third party authority that is considered to possess a legitimate interest in any such investigation or its outcome.
  • Article 15 (Assignment)
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    The Company reserves the right to assign this contract at any time whether in whole or in part. You do not have the right to assign but can withdraw as per Article 4 after 1 year from the effective date of commencing the use of the Portal by contacting us at support@myutilitygenius.co.uk.
  • Article 15 (Jurisdiction)
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    These Terms of Use are governed by English law and under the jurisdiction of English courts.
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    If any of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the Limitation of Liability and the Disclaimer of Warranties clauses at the end of this document, then the invalid or unenforceable provision will be deemed as having been superseded by a valid, enforceable provision which most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
  • Article 16 (Liability and Indemnity)
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    You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your content, your use of the Company ETS and the Test Equipment, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another.
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    Our Terms and Conditions do not affect your statutory rights.
  • Article 17 (DISCLAIMER OF WARRANTIES)
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    You expressly understand and agree that the energy trial service, software, documentation and any associated materials are provided on an ‘as is’ basis with no warranties whatsoever. The company 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. Samsung disclaim any warranties regarding (a) the service meeting your requirements, (b) any information or advice obtained through the ets, (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 energy trial 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.
  • Article 18 (LIMITATION OF LIABILITY)
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    You expressly understand and agree that the company 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.
  • Supplementary Provision
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    This School Agreement shall be effective from 09 May, 2022.