True's Terms & Conditions: Empowering Your Energy Journey
Terms and Conditions: Understanding Your Agreement with True
True is the platform made available by Open Energy Market Limited (“we” “us” and “our”) that will help you to combine your actual energy procurement costs with your sustainability projects to aid your decision making around your sustainability projects. It is for use by energy buying businesses. The True platform is not for use by energy brokers or consultants on behalf of their clients or to gather data not relevant to their own energy consumption.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Open Energy Market Limited of Hays House, Guildford GU2 4HJ, license you to use the True platform, the data supplied with the platform, (together “the Platform”) and any updates or supplements to it that we release.
The following documents and policies also apply to your use of the Platform:
Our Acceptable Use Policy: this policy is to ensure that you use the Platform correctly and don't misuse any of the features of the platform.
The True Platform Description: this describes the features of the Platform and what you can expect.
2. GETTING STARTED
How to sign up. To use the Platform, you must first register in order to get access to the Platform. To do this, you must complete the details in the Sign Up Page. You commit that the information provided in the Sign Up Page is accurate. We may contact you to verify those details.
True Tiers. The Platform is available in different tiers. They are:
When you complete the Sign Up Page, you will select which of these tiers you wish to subscribe for. The different tiers give you different access to the features of the Platform and there are different fees that apply to each tier. You will be directed to contact us directly if you wish to subscribe to the Enterprise tier.
Duration of your access to the Platform. Your access to the Platform, or subscription, begins once you have completed the Sign Up Page, you have successfully submitted payment (if applicable) for the first subscription period, we have verified the details you submitted in the Sign Up Page and sent you necessary authentication or access details.
Fees. Unless you are using the Zero tier of the Platform or are making use of a trial use period, you must pay for your use of the Platform on a monthly or annual basis. Details of the monthly or annual fees are set out in the Sign Up Form. We can terminate your subscription if you do not pay the fees and reserve our rights to collect any unpaid fees together with interest on the fees at the applicable statutory rate.
Trial Use. In some cases, you may be able to use the Platform on a trial basis. The trial is to enable you to evaluate the Platform for a limited period. You or we may end the trial at any time.
3. THE TRUE PLATFORM
We commit that the Platform and your use of the Platform will be substantially as described in the “True Platform Description” that can be found [here] [or that is provided to you by an Open Energy Market representative]. We make no guarantees that the Platform will be fit for your particular purpose or be free from minor defects. Further, we cannot guarantee energy cost savings or that your sustainability goals will be delivered through use of the Platform.
We will make the Platform available for your use 99.95% of the time except when we need to take the Platform offline for scheduled or unscheduled maintenance. We will use reasonable efforts to provide you with advance notice if we need to perform maintenance operations.
You are responsible for your own internet connection to enable access to the Platform.
The Platform provides you with data which we source from third parties. While we are diligent in ensuring our data sources are reputable and reliable, we do not guarantee the accuracy of any data provided by a third party. The data is provided ‘as is’ as are the results from use of the data.
The Platform includes links to third party websites and third party information sources. We are not responsible for the content on those websites or for the information provided by third parties.
The Platform enables you to source meter data related to your business. You will be required to confirm, when you call for this data, that the meter for which you are seeking the data is correctly registered to your business. Your energy use analysis and options created via the Platform will not be accurate if you do not seek the correct meter data. In addition, we will terminate your use of the Platform if you abuse this feature.
If you have any issues using the Platform or if the Platform is not performing as expected, we will provide support during normal working hours in the UK. The support will be provided primarily by email and you can contact us through the email address: firstname.lastname@example.org or as otherwise advised. We will use reasonable efforts to fix any issue with the Platform and to answer questions you have about correct use of the Platform.
If there are issues with the Platform that we are not able to solve to a reasonable outcome within a reasonable time, you may terminate your subscription and we will refund the fees paid in advance for use of the Platform that you have not had.
5. YOUR OBLIGATIONS
The Platform requires you to input your own data. The accuracy of any results or recommendations from the Platform is dependent on the accuracy of the data you input. You take responsibility for inputting accurate data.
You agree to follow, and ensure that your staff who have access to the Platform, follow our Acceptable Use Policy.
You must not upload, input, access, store, distribute or transmit any Viruses (any thing or device which may prevent, impair or otherwise adversely affect the access to or operation, reliability or user experience of the Platform) to the Platform.
You are expressly prohibited from reselling access to the Platform or results from use of the Platform to a third party.
You are expressly prohibited from attempting to access meter data that does not relate to your business.
We reserve the right, without any liability to you, to disable your access to the Platform if it appears to us that you are not complying with these obligations.
6. PERMISSION TO USE YOUR INFORMATION
So that we can provide you with our services through the Platform, you allow us to use the information and data that you upload to the Platform. We will only use this information and data to provide the Platform services.
When paying for use of the Platform, you will provide your billing data to a third party for collection of the payment. Use of that data is subject to the policies of the third party.
7. CHANGES TO THESE TERMS AND TO THE PLATFORM
If you do not accept the notified changes, you will not be permitted to continue to use the Platform.
From time to time, we may update the Platform to improve performance, enhance functionality or address security issues.
8. LICENSE RESTRICTIONS
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform in any form, in whole or in part to any person without prior written consent from us;
not copy the Platform;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform.
Each of us may be given access to Confidential Information from the other in order to use and deliver the Platform services. A party's Confidential Information does not include information that:
is or becomes publicly known other than through any act or omission of the receiving party;
was in the other party's lawful possession before the disclosure;
is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
is independently developed by the receiving party, which independent development can be shown by written evidence.
10. OUR RESPONSIBILITY TO YOU
we cause death, harm or injury to a person through our negligence,
we commit fraud or are fraudulent in our representations; or
where the law otherwise says we can’t limit our liability.
Care and skill. We will exercise reasonable care and skill in providing the Platform and delivering the Platform services.
Check that the Platform is suitable for you. The Platform has not been developed to meet your individual requirements. Please check that the functions of the Platform (as described in the True Platform Description) meet your requirements.
We are not responsible for events outside our control. If our provision of the Platform is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your subscription with us.
You may end your subscription at the end of the billing month or year by not renewing the subscription for the following month or year.
12. GENERAL PROVISIONS
Delay in enforcement. Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your non observance of these terms, we can still take steps against you at a later date.
Applicable law. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.