Terms of use
LUMO ENERGY LIMITED
CUSTOMER TERMS AND CONDITIONS
These Terms and Conditions (the “Terms”) are the standard terms for the provision of services by Lumo Energy Limited, a private limited company registered in England under number 14958748, with registered address at 39 Aberdeen Avenue, Cambridge, England, CB2 8DL (“we” or “us”).
By downloading the Lumo Energy App you agree to these Terms. If you do not agree to these Terms, do not download the App.
INTRODUCTION
We provide energy optimisation services which are accessed through the App.
You would like to subscribe to access Our Services through the App under a non-exclusive licence, in return for the payment of a monthly or annual or multi-year fee, and subject to these Terms.
INTERPRETATION AND DEFINITIONS
The following definitions shall apply in these Terms:
“App”the Lumo Energy app hosted and provided by us for the delivery of the Services;“App Infrastructure”Our computer hardware, firmware, software and communications infrastructure which is used to facilitate access to the App by Our customers;“Business Day”any day other than a Saturday, Sunday or bank holiday;“Intellectual Property Rights”all vested contingent and future intellectual property rights including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up and database rights;“Price”the price payable for the Services;“Services”the energy optimisation services which are to be provided by Us to you through the App and using the App Infrastructure and related support services;“Subscription”a subscription to the Services provided through the App, which constitutes a contract between Us and you for the provision of the Services;“Subscription Confirmation”Our acceptance and confirmation of your purchase of a Subscription;“Subscription ID”the reference number for your Subscription; and“We/us/our”Lumo Energy Limited, a private limited company registered in England under number 14958748, with registered address at 39 Aberdeen Avenue, Cambridge, England, CB2 8DL.
Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications.
SUBSCRIPTIONS
You must be 18 or over to accept these Terms and to purchase a Subscription.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
Our Website or App will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
No part of the App constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat your Subscription as being at an end. We will not be responsible for any delay in the availability of the Services that results from you providing incorrect or incomplete information.
Subscription Confirmations shall contain the following information:
Your Subscription ID;
Confirmation of the Subscription ordered, including full details of the Services available as part of it;
Information provided by you to Us, including details of your energy system(s);
Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
The duration of your Subscription (including the start date, and the expiry and renewal date);
In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. If We have taken payment any such sums will be refunded to you as soon as possible.
ENERGY DATA TO BE PROVIDED BY YOU
By using the Services, you consent for Us to connect to your Solar System and use the data from your Solar System to provide the Service.
If you agree, the following information will be requested from your Solar System on a daily or more frequent basis.
Electricity consumption data
Solar generation data
Battery charging data
We rely on information and data which is provided by third parties to understand your energy usage and expenditure. We are not liable for any inaccuracies in such energy usage or expenditure data.
We may use https://enode.com/ to interface with for requests to access to the following information on a daily or more frequent basis.
electric vehicle data;
solar inverter data;
HVAC and Smart thermostats; and
battery data.
USE OF THE APP
You may:
download or stream a copy of the App onto any desktop, tablet, mobile telephone or handheld device onto which applications may be downloaded and view, use and display the App and the Services on such devices for your personal purposes only; and
use any documentation created by us and made available via the App to support your permitted use of the App and the Service.
If you are provided with a username, password or other login details or credentials, you agree that you will keep them safe and confidential at all times and will immediately notify us if you become aware of any unauthorised disclosure, use or loss of the same.
You may not:
use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
infringe our Intellectual Property Rights or those of any third party in relation to your use of the App or any Service;
transmit any material that is defamatory, offensive, sexually explicit or otherwise objectionable in relation to your use of the App or any Service;
upload any comments or data to the App or Service (including contributions to the top tips tiles section) which are inaccurate or misleading in any respect; and
use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
PROVISION OF THE SERVICES
We will provide the Services to you on a non-exclusive basis in accordance with these Terms.
We will provide access to the App through the App Infrastructure and will use Our reasonable endeavours to ensure that such access is available, without interruption, 24 hours a day, 7 days a week, 365 days a year. This undertaking shall be subject to the exceptions contained in these Terms.
The Services will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you cancel the Subscription.
In some limited circumstances, We may need to suspend the provision of the Services (in full or in part) for one or more of the following reasons:
To fix technical problems or to make necessary minor technical changes;
To update the Services to comply with relevant changes in the law or other regulatory requirements;
To make more significant changes to the Services.
If We need to suspend availability of the Services for any of the reasons set out in clause 7.4, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons, in which case We will inform you as soon as reasonably possible after suspension). If the suspension lasts (or We tell you that it is going to last) for more than [14 days], you may cancel your Subscription as described below in clause 13.5.
We may make minor changes to certain Services from time to time, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Services and should not normally affect your use of the Services. However, if any change is made that would affect your use of the Services, suitable information will be provided to you.
Where any updates are made to the Services, the Services will continue to match Our description of it as provided to you before you purchased your Subscription to access the Services. Please note that this does not prevent Us from enhancing the Services, thereby going beyond the original description.
PRICE, PAYMENT AND REFUNDS
Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation [(this usually occurs immediately and you will be shown a message confirming your payment)].
We accept the following methods of payment for the Service:
Website payment;
App payment;
We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 30 days before the change is due to take effect. If you do not agree to such a change, you may cancel your Subscription.
All prices for the Service include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
If you do not make any payment due to Us on time, We will suspend your access to the Services. If you do not make payment within 10 Business Days of Our reminder, We may cancel your Subscription. Any outstanding sums due to Us will remain due and payable.
If you believe that We have charged you an incorrect amount, please contact Us at hello@lumoenergy.co.uk as soon as reasonably possible to let us know. You will not be charged for Services while availability is suspended.
Any refunds to be issued under these Terms (whether full or partial, including reductions in price) will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
Refunds will be made using the same payment method that you used when purchasing your Subscription.
App Store’s Terms
The ways in which you can use the App and access the Services may also be controlled by the terms, rules and/or policies of the store from which you download the App (e.g. the Apple AppStore or the Google Play Store).
SOFTWARE LICENCE
When you purchase a Subscription to access the Services, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the App for the purpose of accessing the Services.
The App is the property of the Service Provider
The licence granted to you does not give you any rights in Our Intellectual Property Rights (including any material that We may license from third parties).
INTELLECTUAL PROPERTY
All Intellectual Property Rights subsisting in the App and the App Infrastructure, including any supporting software and documentation are the property of the Service Provider, or licensed to the Service Provider by third parties. For the purposes of this clause 11, the “App” and “App Infrastructure”, along with supporting software and documentation, are taken to include the manner in which all such material is compiled and presented.
You will not, either during the term or after the expiry of the Subscription, permit or cause to occur any infringement of any Intellectual Property Rights covered by this clause 11.
You shall not reproduce, adapt, translate, reverse-engineer, or make available to any third party any element of the App, any part of the App Infrastructure, or any other material associated with the Services where such activity goes beyond the scope of actions permitted by the terms and conditions of these Terms.
Where you either suspect or are aware of any breach of Intellectual Property Rights covered by this clause 11, you shall be under a duty to inform Us of such breach immediately.
PROBLEMS WITH THE APP OR SERVICES
By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described.
If the Services available through your Subscription:
do not meet the standard of quality that a reasonable person would expect;
are not fit for their intended purpose; or
are not as described by Us,
then please contact Us as soon as reasonably possible to inform Us of the problem.
In the case of a breach under clause 12.2 above, your available remedies will be as follows:
if the App or Service has faults, you will be entitled to a repair;
if We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund; or
if you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation.
If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to the Services) from the App damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:
we have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
the damage has been caused by your own failure to follow Our instructions; or
your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Subscription.
Please note that We will not be liable under this clause 12:
If you have purchased the Services for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the App or Services for that purpose; or
if the problem is the result of misuse or intentional or careless damage.
CANCELLING YOUR SUBSCRIPTION
If you are a consumer, by default you have a legal right to a “cooling-off” period within which you can cancel your Subscription for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Subscription Confirmation (i.e. when the contract between you and Us is formed) and ends when you access (e.g. download or stream) the Services, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
After the cooling-off period, you may cancel your Subscription at any time, however subject to clause 13.3 and clause 13.5, We cannot offer any refunds and you will continue to have access to the Services for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon your Subscription will end.
If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Services. Provided you have not accessed any Services since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed any Services once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Services for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
If you wish to exercise your right to cancel under this clause 13, you may inform Us of your cancellation in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please email Us hello@lumonergy.co.uk.
In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
You also have a legal right to end your Subscription at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation.
For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
If we end your rights to use the App and the Services:
you must stop all activities authorised by these Terms, including your use of the App and any Services;
you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and/or
we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
OUR LIABILITY
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when your Subscription is created. We will not be responsible for any loss or damage that is not foreseeable.
Our Services are intended for non-commercial use only. We make no warranty or representation that the Services are fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
We shall not be liable to you for:
any indirect, consequential or special loss or damages suffered by you; or
any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether such loss is direct or indirect.
Subject to clause 14.3, Our total liability to you under these Terms shall be limited to the aggregate sum of fees paid by you to Us under these Terms.
The App and the Services are provided as an aid to assist you in managing your energy usage. We do not warrant, and we provide no guarantee, that your use of the App or the Services will result in a reduction to your energy or CO2 usage or energy costs or utility bills.
You are responsible for checking your Solar System.
We accept no liability for errors in energy or CO2 calculations or reports which feature on the App or Services, including errors in bill calculations or estimates.
We do not guarantee that any projections, reports, tariff data or other information provided by Us to you are accurate, and we are not responsible for any errors or inaccuracies in the same. You are responsible for managing your own energy usage and expenditure.
Occasionally, when preparing reports to you, we may not have access to up-to-date tariff data. Where this is the case, we base our figures on estimates based on our experience and understanding, but we cannot guarantee that the figures provided are accurate.
Energy prices fluctuate constantly, and We therefore accept no liability for any differences in prices shown on the App and the ultimate quote provided by the energy provider.
Although We make reasonable efforts to update the information provided by the App and the Service, We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date.
Any liability of either party which is not expressly assumed in these Terms is excluded.
The parties agree that the exclusions and limitations of liability in these Terms are reasonable.
WARRANTIES
We warrant and represents that:
We are entitled to enter into these Terms; and
We are entitled to grant the software licence in accordance with these Terms.
You warrant and represent that:
you have the right to enter into these Terms;
all the information you have provided to Us is correct and complete;
your energy systems and equipment, including in particular any batteries and inverters, were installed by reputable installers and are in a good state of repair and you have not done anything to void any warranties on such equipment;
you will ensure that your electrical systems and equipment are connected to wifi so that the App is able to make contact with them; and
you will comply with these Terms.
To the extent permitted by applicable law, We make no warranty that either the App or the App Infrastructure are error free, or that their use by you will be uninterrupted, and you acknowledge and agree that the existence of such errors shall not constitute a breach of these Terms.
EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this clause 14.5 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
We will inform you as soon as is reasonably possible;
Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
If an event outside of Our control occurs which results in our being unable to provide the Services and you wish to cancel your Subscription, you may do so in accordance with your right to cancel under clause 13.5.
If the event outside of Our control continues for more than <<insert period>> weeks, We will cancel your Subscription and inform you of the cancellation.
CONTACTING US
If you wish to contact Us, you may do so at hello@lumoenergy.co.uk.
COMPLAINTS AND FEEDBACK
All complaints are handled in accordance with Our complaints handling policy and procedure, available from our Website.
If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways by any of the ways set out in clause above.
HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
We will only use your personal information as set out in Our Privacy Policy, available from our Website.
OTHER IMPORTANT TERMS
We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.
Your Subscription is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
LAW AND JURISDICTION
These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.