Terms and Conditions
PLEASE READ CAREFULLY BEFORE USING ANY GEO SERVICES
Green Energy Options Limited (‘geo’, ‘we’, ‘us’ or ‘our’) is registered in England & Wales under registration number 5783558. Our registered address is 3 St Mary’s Court, Main Street, Hardwick, Cambridge, CB23 7QS.
We allow you to use the geo Services on the basis of this Licence and subject to any rules or policies applied by any appstore provider (‘Appstore‘) or operator from whose site or platform you download, install or use geo Services. We remain the owners of the geo Services at all times.
By downloading and installing the geo App or commencing the use of any geo App, website or any other geo Services, you accept the terms of this Licence in full. If you disagree with Licence terms or any part of them, you will not be able to use the geo App or other geo Services.
(2) Access requirements
2.1 The geo Services may require a recent mobile or handheld device, internet access and compatible operating system (‘Device’) and we will let you know if your Device may need updating if we supply upgrades to our software. If your Device does not support an upgrade, this could affect or disable functionality.
2.2 We do not guarantee that the geo Services, or any content on it, will always be available or operate without interruption. Access to the geo Services is permitted on a licensed basis and we may suspend, withdraw, discontinue or change any part of the geo Services without notice.
2.3 We assume you own or have permission from the owner of the Device. You must not use any other person’s user ID or password to access their account for geo Services provided to them. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email at email@example.com.
2.4 You are responsible for making all arrangements (including, but not limited to Internet connectivity) necessary for you to have access to the geo Services you wish to use.
2.5 We reserve the right to restrict access to areas of the geo Services. If we provide you with a user ID and password to enable you to access restricted areas of the geo Services, you must ensure that your user ID and password is kept confidential. You are responsible for any geo Services activity arising out of any failure to keep your password confidential.
(3) Licence to use
3.2 Except as expressly set out in this Licence or with our explicit written consent, you must:
a) not copy the geo App or any other property of geo except where such copying is incidental to normal use of the geo Services, or where it is necessary for the purpose of back-up or operational security;
b) not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the geo Services;
c) not make alterations to, or modifications of, the whole or any part of the geo Services, or permit any part of it to be combined with, or become incorporated in, any other programs;
d) not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the geo Services or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the geo Services with another software program, and provided that the information obtained by you during such activities:
a. is used only for the purpose of achieving inter-operability of the geo Services with another software program;
b. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c. is not used to create any software that is substantially similar to the geo Services;
e) not provide or otherwise make available the geo Services in whole or in part (including object and source code), in any form to any person without prior written consent from us;
f) include our copyright notice on all entire and partial copies you make of the geo Services on any medium; and
g) comply with all technology control or export laws and regulations that apply to the technology used or supported by the geo Services, together Licence Restrictions.
(4) Intellectual property
4.1 You acknowledge that all intellectual property rights in the geo Services belong to us or our licensors; that rights in the geo Services are licensed (not sold) to you; and that you have no rights in, or to, the geo Services, other than the right to use each of them in accordance with the terms of this Licence.
4.2 You acknowledge that you have no right to have access to the geo Services in source-code form.
‘Green Energy Options’, ‘geo’, ‘energynote’, ‘Cosy’, ‘Waterlock’,‘Tempo’, ‘Trio’,‘Solo’, ‘Chorus’, ‘Ensemble’, ‘Hybrid Home’ and the associated logos are registered and/or unregistered trade-marks belonging to us. We give no permission for the use of these names, and such use may constitute a breach of our rights.
4.3 Any other registered and unregistered trade-marks or service marks displayed within the geo Services are the property of their respective owners. Unless stated otherwise, we do not endorse and are not associated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
(5) Acceptable use
5.1 You must not use the geo Services in any way which:
a) involves use of the geo Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence;
b) is fraudulent or malicious, for example, hacking into or inserting malicious code, including viruses, Trojan horse, spyware, worm, keystroke logger, rootkit or harmful data, into the geo Services or any operating system;
c) infringes our intellectual property rights or those of any third party in relation to your use of the geo Services, including the submission of any material (to the extent that such use is not licensed by this Licence);
d) involves transmission of any material that is defamatory, offensive, obscene, indecent or otherwise objectionable in relation to your use of the geo Services;
e) involves transmission of unsolicited commercial communications or other marketing without our express written consent;
f) infringes any right of confidence, right of privacy, or right under data protection legislation;
g) could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
h) involves data collection (including without limitation scraping, data mining, data extraction and data harvesting) of any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
(6) Limited warranties
Whilst we endeavour to deliver a service that meets or exceeds your expectations, we do not warrant the completeness or accuracy of the information published within the geo App or any other geo Services; nor do we commit to ensuring that the geo App or any other geo Services remains available; that the geo App or other geo Services will be free from viruses or other harmful code (for which you are responsible for using your own virus protection); or that the material in the geo App or other geo Services is kept up-to-date. Your statutory rights under the the Consumer Rights Act 2015 are not affected.
(7) Limitations and exclusions of liability
7.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the geo Services.
7.3 We only supply the geo Services for domestic and private use. You agree not to use the geo Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or other indirect or consequential losses including where we modify, suspend or discontinue the geo Services pursuant to clause 9.3.
7.4 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence or our negligence up to the limit of the sum you paid for the geo product or paid for geo Services (for the duration of default only) to which the geo Services are intended to relate, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Licence.
7.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.6 The geo Services may be temporarily unavailable if we have to carry out routine or emergency maintenance. We will try to inform you in advance but it may not always be possible to do so.
7.7 We will not be responsible and no refund for paid services will be given if:-
(a) your broadband Internet connection to your home or Device is not sufficient to support the geo Services;
(b) you experience problems with your Device or Internet connection;
(c) you incur any costs as a result of exceeding the permitted data limit of your broadband or Device;
(d) you suffer any loss or damage caused as a result of anyone else having unauthorised use of your Device;
(e) you suffer any loss or damage caused by downloading any updated geo App or other geo software.
(8) Breaches of this Licence
8.1 Without affecting our other rights under this Licence or law, if you breach this Licence, or if we reasonably suspect that you have breached this Licence in any way, we may (at our sole discretion):
(a) send you one or more formal warnings;
(b) temporarily or permanently suspend or terminate your access (or access of any Device using your IP address) to the geo Services;
(c) bring court proceedings against you for breach of contract or otherwise; or
(d) suspend and/or delete your account.
8.2 On termination for any reason; all rights granted to you under this Licence shall end; you must immediately stop all activities authorised by this Licence, including your use of any Services; and you must immediately delete or remove the geo software from all Devices, and immediately destroy all copies of the geo software then in your possession, custody or control and certify to us that you have done so.
8.3 Where we suspend, prevent or block your access to the geo Services (or any part of them), you must not take any action to circumvent such suspension or blocking (including, but not only, by creating and/or using a different account).
8.4 We will be entitled to hold you responsible to reimburse us for the consequences we suffer or incur including losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) arising out of any material breach by you of any provision of this Licence, or arising out of any claim that you have materially breached any provision of this Licence.
(9) Changes, updates and discontinuance
9.1 We may change the terms of this Licence on notice at any time by sending you an email or SMS with details of the change or notifying you of a change when you next use the geo Services or log onto one of our websites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the geo Services.
9.2 From time to time updates to the geo App may be issued through the Appstore. Depending on the update, you may not be able to use the geo Services until you have upgraded your Device and downloaded the latest version of the geo App and accepted any new terms.
9.3 We may at any time without any liability to you modify, suspend or discontinue the supply of the geo Services or any part thereof to you without notice, however notice may be given by email or posted on the website at our discretion.
(10) Third party web links
Some geo Services may contain links to other independent third-party websites. Third-party sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any third-party sites, including the purchase and use of any products or services accessible through them.
(11) Other important terms
11.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Licence without notifying you or obtaining your consent.
11.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Licence.
11.3 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4 If a provision of this Licence is found by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in force. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in force.
11.5 This Licence is for the benefit of you and us, and is not intended to benefit any third party or be enforceable by any third party.
(12) Law and jurisdiction
13.1 This Licence will be governed by and construed in accordance with English law.
13.2 If you are a consumer, any disputes relating to this Licence will be subject to the non-exclusive jurisdiction of the courts of England and Wales (though residents of Northern Ireland or Scotland may bring proceedings in that jurisdiction). If you are a business, you may not use the geo Services and this Licence may not be enforced by you against geo.
13.1 In this Licence the words shall have the meanings set out below:-
“geo Services” means all services licensed to you from time to time by geo including but not limited to downloadable and non-downloadable Apps, access to geo’s APIs and messaging and notification services including email and SMS.
“geo App” means the software program designed by geo which can run on the Internet, on your computer or other electronic device.