Terms of use

PHSH App

This page sets out the terms and conditions (“Terms”) on which Mixergy Limited (“we”) provide our users with access to the PHSH app (the “App”).

How the Terms Work

By using our App you are agreeing to these Terms. If you do not agree to these Terms, then you may not use our App.

Who We Are

In all of our Terms, we and us means Mixergy Limited, a company registered in the United Kingdom with registration number 09137387, whose registered offices are at 30 Upper High Street, Thame, Oxfordshire OX9 3EZ and whose principal place of business is at 2 Canal View, Wharf Farm, Eynsham Road, Cassington OX29 4DB. Our VAT registration number is 211672830.

If you wish to contact us, you can email us at enquiries@mixergy.co.uk or contact us using the Contact page on our website.

Our Services

Our obligations. We will provide the functions and services of our App to you in material accordance with the relevant Terms.

Your obligations. There are a few general obligations and provisions that will apply to all users of our App, as follows:

• you confirm that you are authorised to enter into a contract with us on the relevant Terms, and to conduct any activities which you may conduct through your account. This means in particular that if you are an individual, you are over eighteen years old and that if you are opening an account on behalf of a company or other business, you are authorised by that business to act on its behalf;
• you may only use our App for lawful purposes. You may not use it in any way that breaches any local or international law, for the purposes of fraud, or to transmit unsolicited advertising or spam;
  any information you submit at any time (whether registering for an account with us or posting or commenting on any content) must be true and not misleading;
• you must not misuse our App by introducing viruses or other malicious code to it or to our systems, nor try to gain unauthorised access to it or them, to any related systems or servers or to any related source code. You must not attack our App through DDOS or otherwise. As you probably know, breaching this provision would be a criminal act, which may oblige us to report you to law enforcement and provide them with such information as we may have about you; and
  you must use our App honestly. For example, you should not impersonate another, misrepresent your affiliation with any entity, or attempt to access anyone else’s account.

Use of personal data

We treat personal data with the utmost sensitivity and take all reasonable endeavours to ensure that it is pseudo-anonymised where appropriate and held in a secure fashion.

We will use any personal data you provide to us in connection with your use of our App or services in accordance with our Privacy Notice. If you are part of a household or home with multiple occupants, you should ensure that you have the consent of all other occupants prior to providing their personal data to us and that you have drawn our Privacy Notice to their attention.

Opening Your Account

Registration. You can register an account using our App, to allow you to control and receive readings from your home management products remotely. In order to register, you will be asked to provide a username, email, home address, telephone number and password, and other optional information relating to parameters such as your current tariff, utility provider, and water consumption.

Security. You must keep your account and password login details secure, and not allow anyone else to use your account. If any activity takes place on your account, then you are responsible for it. You must let us know immediately if you discover or suspect that someone else has accessed your account.

Access. We may disable or suspend access to your account at any time if you have failed to comply with the Terms or if we deem it necessary for security purposes.

Moving House, Moving the Tank, and Account Closure. You must let us know immediately if you move house. This is to ensure that we do not collect any data from the Home Energy Management System based on its use by subsequent residents or users without their first registering an account with us.

Using Our Services

Our Services. Certain functions of the Home Energy Management System can be controlled by you using your account within the App. For example, you can schedule or boost your hot water from your smartphone to fit in with your daily life, and monitor your energy consumption and spending in real time. All functions and services we offer through the App are subject to change from time to time and are offered free and on an “as is” basis.

Whilst we endeavour to provide the most reliable service at all times, we cannot guarantee the accuracy of consumption and spending readings, or that any functions or services will be uninterrupted or available from time to time.

We are not responsible for your Internet connection or for the provision of energy to you.

Fault reporting. Please contact us immediately if you suspect there is any fault or defect in your Home Energy Management System, we can be contacted via the following link: Contact us. They may then refer you to us to work with them towards resolution. We do not guarantee any fault resolution, particularly if there is no contract of sale between you and us.

Intellectual Property Rights

Rights in our content. The intellectual property rights in all of the content on and in our App belong to us. You may not copy or make any use of that content without having first obtained our permission or permission from whomever owns the relevant intellectual property rights. Uses that are expressly permitted by law (for instance, if you print off a copy of some of our user guides for your personal reference) are, however, allowed. If you would like to make any use of any of our content then please contact us and we can discuss this with you.

Termination

Termination by you. You may terminate any contract between you and us on the Terms and close your account by written notice to us at any time.

Termination by us. If you are in breach of the Terms, we may take any of the following actions:

• issuing you with a written warning specifying the breach and requiring its remedy;
• suspension or permanent withdrawal of your account and your use of our App, and/or termination of any contract between you and us on the Terms;
• taking legal action against you; or
• disclosing your personal information to law enforcement authorities.

Effect of Termination. Termination of the contract between you and us will not affect any rights or remedies of the parties in existence at the time of termination. For instance, if at the time of termination, one of us owes the other any sums, then they will still be owed. Any of the Terms which expressly or impliedly survive termination will continue in force.  Any termination of your account may result in the deletion of Your Content. We do not guarantee that Your Content will be recoverable after termination or account closure.

Our Liability to You

Our role in making the App available is to provide the means to control your Home Energy Management System. We limit and exclude our liability to an appropriate degree. This Section explains the ways in which our liability to you is limited and excluded.

Where we don’t limit or exclude our liability

We do not limit or exclude our liability for anything for which we cannot lawfully limit or exclude our liability. For example, we do not limit our liability for death or personal injury caused by our negligence, or for fraud. This statement takes priority over the rest of this Section and the rest of the Terms.

No implied terms

We provide access to our App on these Terms alone. To the fullest extent permitted by law, we expressly exclude any and all conditions, warranties, and other terms which might otherwise be implied by statute, under common law, or otherwise.

We’re at the mercy of the Internet. You understand that there is some inherent instability in communications networks and that we may need to take down or maintain our App from time to time. You accept that access to our App is permitted on a temporary basis and we will not be liable if it is unavailable for any reason. At the same time, our App is provided “as is” and without any warranty. For example, while we do our very best to correct defects and while we use commercially-available virus-checking software, we do not warrant that our App will be uninterrupted, free from errors, or free from viruses or malicious code.

Third parties. We are not responsible or liable for the actions of third parties or your interactions with them. Third parties may include, for example, other users of our App, third party service providers who are linked from our App, social media service providers, utility providers, other residents of any premises at which a Home Energy Management System is installed, or the providers of any device or software which you use to access our App.

No indirect or consequential loss. We expressly exclude any liability for any indirect or consequential loss, damage, costs, or expenses incurred or suffered by you in connection with your use of our App. We are not liable for losses, damages, costs, and expenses that are not foreseeable to both you and us at the time you open your account with us or which are not caused by our breach.

No liability for certain kinds of loss. We expressly exclude any liability for any loss, damage, costs or expenses incurred or suffered by you (in each case whether direct or indirect) if that liability comes within one of the following categories: loss of business, loss of revenue, loss of contract, loss of data, loss of reputation, or loss of profit. In short, we are not liable for business losses.

Cap on liability. Our total aggregate liability to you in connection with your use of our App will be limited in all circumstances (whether arising in negligence, including tort, breach of contract or otherwise) to a maximum sum equal to the fees derived by us from your use of our App during the twelve (12) months prior to the event giving rise to our liability.

Indemnity

If we are subject to any third-party claim as a result of your breach of any of your obligations under the Terms, or as a result of your negligence, misrepresentation, or other wrongful act, then you will indemnify us against that claim. Indemnifying us means you will indemnify us and hold us harmless against all costs, expenses, losses, damages, or liabilities suffered or incurred by us as a result of or in connection with that third-party claim, including (without limitation) any legal and professional fees. You also agree to provide us with all reasonable assistance and information we may request from you in order to enable us to defend and settle the claim and mitigate our (and your) liability.

Disputes and Governing Law

Governing law. The Terms and any contract between you and us on the Terms are governed by the laws of England and Wales.

Disputes with us. If any dispute arises between you and us in connection with your use of our App, then you and we will attempt to resolve that dispute through discussion. If we are unable to resolve the dispute by discussion, then the courts of England and Wales will have exclusive jurisdiction over any claim relating to your use of our App or any connected contract. However, if you are not resident in England or Wales then we reserve the right to bring proceedings against you in any court in your country of residence.

Links

Linking to our App. You can link to our App provided that you do so in a way that is fair and legal. You may not link to our App in order to damage or take advantage of our reputation or to suggest any false form of association, endorsement or relationship between you and us. If we ask you to stop linking to our App then you must do so immediately.

Third party links. Our App may contain links to third party sites and resources. We have no control over these or over any service provided by those third parties.  You use them at your own risk. In particular, if our App integrates any third-party social media functions, then your use of those functions is governed by the applicable terms of the relevant social media providers.

Revisions

We may revise these Terms of Use at any time. You should check our Terms for changes from time to time, but if the revisions are material then we will notify you of them using the contact details you have provided to us or by messaging your account. By continuing to use our App you will be accepting our revised terms.

General Legal Provisions

Severance. If any court or competent authority determines that any provision or part-provision of the Terms is invalid, unlawful, or unenforceable then that provision or part-provision will be severed from the rest of the Terms, which will continue in full force.

Entire agreement. The Terms constitute the entire agreement between you and us relating to your use of our App. You acknowledge that you have not entered into any contract with us on the basis of any representation or warranty that is not set out expressly in the Terms.

Waivers. Our failure to enforce any provision of the Terms will not constitute a waiver of your breach of that provision. No waiver shall be effective unless in writing and is be effective in relation to the specific breach to which it is addressed.

Assignment. Any contract between you and us made on the Terms is personal to you, and you may not assign, transfer, sub-contract, or otherwise deal in any of your rights and responsibilities under the Terms.

No agency. Nothing in the Terms creates any relationship of agency, partnership, or employment between you and us. Neither you nor we are authorised to enter into any commitment on behalf of the other, except as expressly set out in the Terms.

Third Party Rights. Except as expressly provided, a person who is not a party to any contract under these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

Contact Us

If you have any questions, comments, or requests regarding the Terms or any concerns about any material featured on our App, please contact us at enquiries@mixergy.co.uk or use the Contact us form on our website.