Terms of Use: Passiv Platforms

  1. Introduction
    1. These Terms of Use govern your access to:
      1. our portals, including the PassivPro portal and all the functionality, dashboards and reports accessible within them (“Portals”);
      2. our website at www.passivuk.com (“Website”); and
      3. any applications that we make available for you to download from time to time including PassivLiving (“Applications”),

      we call all of these together “Platforms” (and “Platform” shall mean any one of them) in these Terms of Use.

      These Terms of Use do not apply to the Passiv app for the Passiv Smart Thermostat. Your access to the Passiv app for the Passiv Smart Thermostat is subject to you agreeing to separate terms of use.

    2. Please read these Terms of Use carefully. If you are browsing our Website, by using our Website you confirm that you accept these Terms of Use and you will comply with them in respect of your use of the Website.
    3. If you are using our Portals or Applications, you must click to accept these Terms of Use. If you do not accept these Terms of Use, you shall not be permitted to use the Platforms. By clicking accept, you agree to comply with these Terms of Use. If you have any questions, please contact us, using the details set out at the bottom of these Terms of Use.
    4. Please note that these Terms of Use do not cover when you actually use the functionality in the Portal and Applications which provide services relating to equipment in your home. Those services are supplied to you either under your agreements with the installer of the equipment or direct with us under a separate agreement.
    5. If you have any questions about anything in these Terms of Use, have any issues with using the Platforms or if you wish to make a complaint, then just contact us here.
  2. Your use of the Platforms
    1. Unless otherwise stated, we or our licensors own the intellectual property rights in the Platforms and the material which you can access and see within the Platforms.
    2. Except where as otherwise agreed by us in writing, you may view, download for (caching purposes only), and print pages from the Portal/Website or download the Applications for your own personal use only and subject to the restrictions set out below and elsewhere in these Terms of Use.
    3. You are responsible for procuring, maintaining and securing your network communications links and telecommunications links when using the Platforms.
    4. You must not:
      1. republish any or all material or data from the Platforms (including re-publication on another website);
      2. sell, rent or sub-license material or data from the Platforms;
      3. reproduce, duplicate, copy or otherwise exploit material or data on the Platforms for a commercial purpose; and/or
      4. redistribute material or data from the Platforms (except for content specifically and expressly made available for redistribution such as our product sheet, media pack and image gallery).
    5. Nothing in these Terms of Use prevents you from sharing your energy usage data as presented in the Portal and Application with your energy supplier, any energy regulator or organisation engaged by the government to operate energy schemes or for non-commercial purposes.
  3. Acceptable use
    1. When using the Platforms, you must not:
      1. use the Platforms in any way that causes, or may cause, damage to the Platforms or impairment of the availability or accessibility of the Platforms, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      2. attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Platforms are hosted;
      3. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Platforms except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
      4. use the Platforms to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      5. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platforms without our express written consent; or
      6. create links to the Platforms unless you have our express written consent.
    2. You may have other rights granted by law, and these Terms of Use do not affect these except if the two are inconsistent. If this is the case then these Terms of Use will override any other rights which you may have, unless this is not permitted by law.
    3. You agree that you will comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platforms.
  4. PassivLiving
    1. Subject to you clicking “accept” in respect of these Terms of Use, we licence you to use the PassivLiving mobile application software (including any updates or supplements to it and any related electronic documentation (Documentation)).
    2. By clicking “accept” on installation of PassivLiving, you confirm that:
      1. as at the point of installation, you are the home occupier in respect of the home you have linked PassivLiving to; and
      2. if you cease to be the home occupier in respect of the home you have linked PassivLiving to, you will notify us of this as soon as possible and you will cease to use PassivLiving in respect of that home.
    3. The ways in which you can use PassivLiving and the Documentation may also be controlled by the App Store’s and/or Google Play’s rules and policies available at https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html (in respect of the App Store) and https://play.google.com/about/play-terms/index.html (in respect of the Google Play store) (the App Store Terms of Use) and the App Store Terms of Use will apply instead of these Terms of Use where there are inconsistencies between the two.
    4. In order to use PassivLiving, your device must comply with the minimum device compatibility requirements on the App Store or Google Play Store (as the context requires) as updated from time to time.
    5. It is acknowledged and agreed that termination or expiry of any contract between us and any third party who owns the home that you occupy and have linked PassivLiving to will not automatically terminate your licence to use PassivLiving in accordance with these Terms of Use.
    6. In return for you agreeing to comply with these Terms of Use you may:
      1. download or stream a copy of PassivLiving onto your mobile device and view, use and display PassivLiving on such device for your personal purposes only;
      2. use any Documentation to support your permitted use of PassivLiving; and
      3. receive and use any free supplementary software code or update of PassivLiving incorporating “patches” and corrections of errors as we may provide to you.
  5. Operation of the Platforms
    1. We are always developing the Platforms, so we may make changes to the Platforms at any time, but, except in accordance with these Terms of Use, we will not stop or reduce a service for which you have paid fees (including to third parties such as installers).
    2. We aim to make the Platforms available to you all the time but sometimes they may be unavailable due to maintenance or to factors outside our control, such as internet unavailability.
    3. We follow good industry practice to keep the Platforms secure and regularly test the Platforms. However, we cannot guarantee that the Platforms will always be totally secure.
    4. If you think the Platforms are faulty or misdescribed or wish to contact us for any other reason please email our customer service team on the contact details set out at the bottom of these Terms of Use.
  6. Restricted access
    1. Access to certain areas of the Portals and Applications are restricted. We reserve the right to restrict access to other areas of the Portals.
    2. Where you have a user ID and password to enable you to access restricted areas of the Portals, Applications or other content or services, you must keep your user ID and password confidential.
    3. You are responsible for any activity on your account. It is your sole responsibility to monitor and control access to and use your account. You agree to keep your information accurate, complete and current.
    4. We may disable your user ID and password in our sole discretion if you are in breach of these Terms of Use.
    5. If you download or stream the Platforms onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms of Use whether or not you own the device.
  7. Disclaimers
    1. Whilst we endeavour to ensure that the information on the Platforms is correct, we do not warrant or guarantee that it is complete or accurate. We are reliant on communications networks to input data into the Platforms so data may not always be up to date.
    2. We do not guarantee that the Platforms will be compatible with all hardware and software that you may use.
    3. We do not guarantee that the Platforms will be secure or free from bugs or viruses.
    4. You are responsible for configuring your information technology and computer programmes to access the Platforms. You should use your own virus protection software.
    5. You must not misuse the Platforms by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platforms, the server on which the Platforms are stored or any server, computer or database connected to the Platforms. You must not attack the Platforms via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platforms will cease immediately.
    6. Where Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
  8. Limitation of liability
    Whether you are a consumer or a business user

    1. The extent to which we will be liable to you for damage, loss or costs you suffer or incur when using PassivLiving and/or the Website is different according to whether you are a consumer or business user.
    2. You are a business user if you are using the Platforms either wholly or mainly in connection with your trade, craft business or profession. If you are not using PassivLiving and/or the Website wholly or mainly in connection with your trade, craft business or profession then you are a consumer.
    3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    4. Different limitations and exclusions of liability will apply to liability arising as a result of us supplying you with any products and/or services. The terms and conditions that apply to the supply of any products and/or services will be as provided to you by us from time to time.
      If you are a business user
    5. We exclude all implied conditions, warranties, representations or other terms that may apply to the Platforms or any content on them, to the fullest extent permitted by applicable law.
    6. The Platforms are provided to you on an “as is” basis. 
    7. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, the Platforms; or
      2. use of or reliance on any content displayed on the Platforms and for conclusions drawn from such use.
    8. In particular, we will not be liable for:
      1. loss of profits;
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. business interruption;
      5. loss of use or corruption to software, data or information; 
      6. loss of anticipated savings;
      7. loss of or damage to goodwill; or
      8. any indirect or consequential loss.
    9. Where you have entered into a framework agreement with us, our total liability to you whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use shall be limited in respect of all claims (connected or unconnected) in accordance with that framework agreement.
    10. Where you have not entered into a framework agreement with us, it is acknowledged and agreed that our liability to you whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use shall be limited in respect of all claims (connected or unconnected) to £5,000.00.
      If you are a consumer user
    11. Please note that we only provide PassivLiving and the Website for domestic and private use. You agree not to use PassivLiving and/or the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    12. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  9. Your Data
    1. We take our responsibility for care of your data very seriously. Where we process your personal data on the Platforms, we will do so in accordance with our Privacy Policy (as updated and amended from time to time).
  10. Variations/Updates
    1. We may revise these Terms of Use from time to time. Please check this page regularly to ensure you are familiar with the current version. Significant changes to your rights or obligations will be brought to your attention.
    2. From time to time, we may automatically update the Platforms to improve performance, enhance functionality, reflect changes to the operating system or address security or ask you to update the Platforms for these reasons. 
    3. If you choose not to install such updates or, in the case of Applications, opt out of automatic updates, you may not be able to continue using the Platforms.
  11. Our right to withdraw the Platforms
    1. We may withdraw a Platform at any time for any reason. If we do so, we will give you as much notice as we reasonably can, and in any event at least four weeks’ notice. We will provide this notice through the relevant Platform and if we have your email address, by email. 
    2. Once we withdraw a Platform, you will no longer be able to use that Platform. Provided we give you notice of our withdrawal of a Platform in accordance with this clause 11, we will not have any liability to you arising from the withdrawal.
  12. Entire agreement
    1. Except where specifically agreed with you, these Terms of Use constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to your use of the Platforms.
    2. You acknowledge that in respect of your use of the Platforms, it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use.
    3. You acknowledge that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Use.
  13. Suspension and Termination
    1. You can stop using any of the Platforms at any time. If you want us to disable your account, you can contact us at [email protected]. If you do so, you will no longer be able to access your account or the information held in your account on the Portals or Applications.
    2. We may suspend access to your account or terminate your account on the Portal or Applications at any time if we believe you are in breach of these Terms of Use. We will tell you as soon as possible if we suspend or terminate your account.
    3. If we end your rights to use the Portals and/or Applications:
      1. you must stop all activities authorised by these terms, including your use of the Portals and/or Applications;
      2. you must delete or remove the Portals and/or Applications from all devices in your possession and immediately destroy all copies of the Portals and/or Applications which you have and confirm to us that you have done this; and
      3. we may remotely access your devices and remove the Portals and/or Applications from them and cease providing you with access to the Portals and/or Applications.
  14. General
    1. These Terms of Use and all communications between us will be in English. No other languages will apply to these Terms of Use.
    2. You may not transfer any of your rights under these Terms of Use to any other person. In respect of PassivLiving, if you sell the device which PassivLiving is installed, you must remove PassivLiving from that device before you sell it. 
    3. We may transfer any of our rights under these Terms of Use to any person or ask any person to fulfil any aspect of it so long as the performance of these Terms of Use is not affected.
    4. Each of the clauses of these Terms of Use operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
    5. Only you and us have any rights under these Terms of Use. No other person shall have any rights under these Terms of Use.
    6. These Terms of Use will be governed by English law, and any disputes relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England.
  15. Our contact details
    1. The full name of our company is Passiv UK Limited and our registered address is Synergy House, Woolpit Business Park, Bury St. Edmunds, Suffolk IP30 9UP. Our trading address is Benyon House, Newbury Business Park, Newbury, Berkshire RG14 2PZ
    2. Our VAT number is: GB 688 8971 40.
    3. You can contact us by using the details available here.