Last updated: 1 August 2012
The energyhive service is provided for your personal use subject to the following Terms of Use. By registering with the service, you agree that you have read and accepted these terms.
These Terms of Use reflect widely used common sense practices in using similar internet services; our members must observe these rules governing their use of the energyhive service.
energyhive members should be aware that their service could be restricted or withdrawn if these Terms of Use are violated.
energyhive is a service designed to help people reduce their home electricity consumption. energyhive is a trading name of Hildebrand Technology Ltd. Hildebrand Technology is registered in England with a registered and trading address of 16 Mortimer Street, London W1T 3JL. Hildebrand Technology’s Company Number is 05577050 and the VAT number is 872 434 711.
There are two levels of registration with energyhive:
As a registered user, you can post comments to the Forums. Registration involves providing us with a username, your email address and setting a password. To post comments you will need to login to the web site with your username and password.
Full membership of energyhive requires a registered user to connect their electricity monitor to our system. Once the equipment is correctly set-up in your home and the instructions for connecting to our servers have been followed you can activate your membership. The first time you connect to our site after setting up the equipment you will be prompted for data about the type of home you live in, your sources of energy, etc. We ask that you provide this data accurately as it will be used to ensure you can compare yourself to people with similar energy profiles.
To view your own data on the web site you will need to login with your username name and password.
You are responsible for maintaining the confidentiality of your username and password and must take all reasonable steps to keep it confidential. If your security is breached and someone uses your details to post comments to the Forums, advise us immediately and we will cancel the registration.
You can change your details at any time by logging in to the website and editing your profile as required.
To use the energyhive service you need a user account, a web browser and a broadband connection to the internet.
Unless we state otherwise, any new services added to energyhive will be subject to these Terms of Use.
There are two elements to the energyhive service.
Registered users (described in 3.1) and members (described in 3.2) can participate in the Forums. We encourage energyhive registered users and members to participate in the Forums to help build our knowledge base of energy saving tips and resources. Forum posts are published to all visitors to the energyhive site.
Membership of energyhive requires you to have an electricity monitor that can deliver data to our server via a data collector box. energyhive provides a virtually real-time (data is collected and transmitted every six seconds) picture of your home electricity consumption and allows you to analyse your usage.
In future, members will be able to compare their consumption levels to groups of other members. Groups will be defined by members profiles, for example all members who live in two bedroom flats.
Monitoring your electricity consumption can be done from any web browser on any computer; your home computer does not need to be turned on but the electricity monitor and data collector must be on at all times.
Our goal is to have the service available for 99.99% of the time but energyhive cannot be held liable for any service outages. Planned outages will be notified to members via email and the web site.
The energyhive service is constantly evolving; we reserve the right to implement further practices and limits pertaining to the use of the service over time. This includes modifying or discontinuing, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that energyhive shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
energyhive offers the CurrentCost electricity monitor, the efergy electricity monitor and the energyhive Data Collector box for sale from our site; they can be purchased together or individually. If you wish to purchase a significant volume of units, please contact us.
We do not guarantee the quality of the monitor or the data collector box but will arrange replacement if proven to be faulty.
By placing an order with energyhive you warrant that you are legally able to do so and that you are at least 18 years old.
After you place an order through our site you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
You are protected by the UK consumer protection legislation.
If an item is listed on the web site it should be available for delivery. From time to time, due to excessive demand or supply problems, there may be a delay in shipping your order. If this is the case, we will inform you via email of the expected delay.
Delivery terms are described here.
European Union customers are entitled to a seven business day cooling-off period and have the right to withdraw from the contract within seven business days of receipt of the delivery. The items must be returned in accordance with our Returns policy (see 8.7). Before you return the item you must notify us of your cancellation via email.
Prices quoted on the site are what you will be charged. We separately list the costs or delivery which vary dependent on what is purchased.
You can pay for your order by VISA, Mastercard, Delta/Connect or Switch. Currently these are the only payment options available.
If you are unhappy with your purchase, you can return the product(s) to us within 30 days of purchase for a full refund less postage and packaging costs. All items must be returned as sent, in the original packaging, and in an unused condition and the packaging must not be damaged to qualify for the refund. The refund will be issued to the credit card you used to pay for the item once we have received the item and it, and the packaging, are in as new condition.
If an item is defective we will replace it and refund to you the cost of your postage for returning the item.
The items must be returned to 16 Mortimer Street, London W1T 3JL.
Our Terms and Conditions do not affect your statutory rights.
The products sold on this website have been designed to comply with all relevant EU legislation. The CurrentCost and efergy monitors carries their own liability policy. We cannot accept liability for any consequential loss of profit or indirect losses but do accept liability where we have failed to deliver what was promised in the contract.
If you order from our site but the item is being delivered outside the UK you may be subject to import duties and taxes on receipt. Any additional charges incurred must be borne by you and are not the responsibility of energyhive.
Important: the CurrentCost and efergy monitors and data collector box are designed to work within the UK. Using the system in other countries may require additional electricity monitoring clamps and power converters, as well as plug adapters. If you are interested in using the service outside the UK, please contact us.
energyhive is committed to protecting your privacy within the constraints of the law in force at the time of usage. Please see the separate Privacy Policy statement. Note: All company communications from us will be sent to you from the address admin@energyhive.co.uk. Support communications from us will come from the address support@energyhive.co.uk. We will never ask for your password via email or telephone.
As the internet transcends national boundaries, you agree to comply with your local laws and polices in force regarding online conduct and acceptable content.
The core tenant of the energyhive service is that you must not interfere with the legitimate use by others of the Internet.
Any content you post to the energyhive site must comply with commonly acceptable standards of behaviour. You must not be libellous, defamatory or otherwise illegal in what you post. Posted content which is unacceptable includes comment which is offensive, aggravates and/or objectionable to others; racist and/or ethnically objectionable; obscene; libellous; harmful; hateful; harasses; threatens; defames; abusive; vulgar; incites violence. You must respect third party rights and not violate privacy, trademark or copyright. We reserve the right to remove such content and terminate the account of members who violate these standards.
In the unlikely event of members getting into disputes between themselves we expect them to resolve them. If we find that such dispute is being conducted in a manner which is detrimental to the best interests of the community, we reserve the right to intervene and act appropriately.
energyhive may only be used by you for lawful purposes. You are responsible for your energyhive account, the data within it and keeping your password confidential. If you realise that someone else has been using your account (without your permission) please email us immediately at support@energyhive.co.uk.
You are allowed to use the energyhive service for personal use only. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at admin@energyhive.co.uk.
If you wish to cancel your access your energyhive account at any time, please contact us at support@energyhive.co.uk.
New forms of internet abuse are likely to be found that are not covered by the categories defined in this Terms of Use. When detected in an energyhive account, we will ask you to stop, and normally provide you with 14 days to comply.
Members own their own electricity data. energyhive will not use personal electricity consumption data for any purpose although we will collate members data to support comparison, measurement across groups, on-going analysis, etc.
You represent and warrant that with regard to any posts you make to the Forums that you own or otherwise control all of the rights to the content you post and that it is accurate and not in breach of energyhive policies or guidelines. You agree to indemnify energyhive for any claims brought by a third party against energyhive in connection with any breach of these warranties.
If you subscribe to any element of our services which entails a fee, you agree that you will pay this fee promptly on receipt of the charge, with any relevant local taxes which are required.
If you have a complaint about material posted within energyhive, please send an email to abuse@energyhive.co.uk. If you have a complaint about any aspect of the energyhive service, please send an email to complaints@energyhive.co.uk. energyhive cannot guarantee your issue will be dealt with promptly if any other mechanism is used.
energyhive reserve the right to investigate suspected violations of these Terms of Use which may result in an investigation by any external bodies such as the Police. This could involve gathering data from members, the energyhive facilities, other service providers and the complainant. If such an investigation is required and while it is under investigation, energyhive is within its rights to suspend the suspect account and either temporarily or permanently remove the material involved from the energyhive environment.
energyhive may be bound by current or future legal statutes, such as the Regulatory 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 energyhive 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.
energyhive reserve the right to terminate or restrict your account for any reason, including but not restricted to violation of any of the Terms of Use stated in this document. By accepting these Terms of Use, you agree that termination may occur without prior notice.
Where serious transgressions or illegal activities are found occurring within the energyhive service, energyhive is within its rights to inform any relevant authority, including the police. energyhive are within its rights to make any public announcement to say action has been taken, including identification details.
Where you are found at fault, you will be liable for all costs and damages incurred by energyhive in the provision of this service and you will have no compensation in respect of withdrawing your service and/or closing your account.
You acknowledge and agree that the energyhive service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. No content from the site (other than your own electricity consumption data or posts to discussion groups) can be copied, captured or quoted in any manner without the express written permission of energyhive. Please contact us at admin@energyhive.co.uk if you wish to make such a request.
Decompilation, reverse engineering or re-engineering of any nature, or attempting to do so is strictly forbidden.
You expressly agree not to sell, resell, copy, duplicate, reproduce or exploit any part of the energyhive service, application or documentation. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at admin@energyhive.co.uk.
We reserve the right to modify these Terms of Use from time to time without notice as the service continues to evolve; we ask you to review them when new changes are issued. Significant changes will be alerted to you via the web site. The date of the latest revision will be published at the top of this page.
We reserve the right to assign this contract at any time whether in whole or in part. You do not have this right but can cancel your contract at any time by contacting us at admin@energyhive.co.uk.
These Terms of Use are governed by English law and under the jurisdiction of English courts.
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.
You agree to indemnify and hold energyhive, 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 energyhive service, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ENERGYHIVE SERVICE, SOFTWARE, DOCUMENTATION AND ANY ASSOCIATED MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS WITH NO WARRANTIES WHATSOEVER. ENERGYHIVE 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. ENERGYHIVE DISCLAIM ANY WARRANTIES REGARDING (A) THE SERVICE MEETING YOUR REQUIREMENTS, (B) ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE, (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 ENERGYHIVE 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.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENERGYHIVE 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.