SMEASURE.COM – TERMS OF SUPPLY

DEFINITIONS

Contract: our agreement with you to provide the Service which incorporates these Terms and Conditions, the booking form and/or any separate contract we have agreed.
Terms and Conditions: these terms and conditions as amended from time to time.
Service: the service supplied by smeasure.com as set out in the applicable booking form(s) and as may be more particularly described in these Terms and Conditions.

CONTRACT

These are our terms and conditions for use of the smeasure.com website and related services and these terms and conditions apply whenever and however you access the website or any part of it. For the purposes of these terms and conditions references to ‘smeasure.com', ‘we' and ‘our' refer to Pilio Limited trading as smeasure.com. Terms of website use and the website privacy policy also apply.

In the event of any conflict or inconsistency between any provision of these Terms and Conditions and the website terms of use/website privacy policy, these Terms and Conditions will prevail.

You are agreeing to purchase the energy monitoring and analysis service provided through the smeasure.com website as described on the appropriate booking form. By signing or completing the booking form online you agree to these Terms and Conditions and any other applicable terms set out in the booking form. The Service is provided on a reasonable endeavours basis in accordance with the Pilio Ltd specification for the Service from time to time.

‘We’, as smeasure.com agree to provide ‘you’ as the client with access to your own account, or where applicable multiple accounts, to administer for the period stated and for the agreed price, in the booking form or contract we have agreed.

Payment is required within 30 days of agreeing to a 1-year subscription. On occasion this 30-day period this may be extended at our discretion, however late payments received after the agreed payment period may be charged interest at 4% above the Bank of England base rate.

Once paid for you may terminate your agreement with us at any time during the subscription period by giving us 30 days written notice but please note that no refund will be given for any reason.

USE OF CONTENT ON SMEASURE.COM

You may download and print the material or any part of it on smeasure.com to the extent necessary for your own personal and non-commercial use only. You may disclose the results of the Service to others for your own publicity or marketing but not for resale purposes.

You may not otherwise download, print or use in any other way the material or any part of it on smeasure.com without obtaining the prior written consent of smeasure.com.

You may not download or print the material or any part of it in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material on smeasure.com

LIMITATION OF OUR LIABILITY.

We will endeavour to offer you a service which will allow you to access and administrator your account on a daily basis. Should the website fail for any technical reason, we will reasonably endeavour to correct the service within 24 hours. This should not affect your ability to retrospectively administer your account. In the unlikely event of complete failure for whatever reason, we will not be liable in aggregate in respect of the Service for any financial loss or any other liability (including negligence or breach of statutory duty) which we can lawfully exclude or limit over and above the price you paid for your subscription. We recommend you back up any data you submit and we are not liable for loss of data.

We will endeavour to offer you a service which will allow you to access and administrator your account on a daily basis. Should the website fail for any technical reason, we will reasonably endeavour to correct the service within 24 hours. This should not affect your ability to retrospectively administer your account. In the unlikely event of complete failure for whatever reason, we will not be liable in aggregate in respect of the Service for any financial loss or any other liability (including negligence or breach of statutory duty) which we can lawfully exclude or limit over and above the price you paid for your subscription. We recommend you back up any data you submit and we are not liable for loss of data.

We give no warranties of any kind concerning the Service or its contents. In particular, we do not warrant that the Service or any of its contents is virus free. You must take your own precautions in respect of any infection by virus or other contamination or by anything, which has destructive properties.

DATA PROTECTION AND PRIVACY

Pilio Limited will use any personal data you provide in accordance with our website privacy policy and we reserve the right to disclose information relating to individuals in order to comply with applicable law, legitimate government or other regulatory requests.

All personal data is stored securely and security measures and procedures are in place relating to the storage and disclosure of personal data to prevent unauthorised access. We will not sell, rent, trade or otherwise disclose your personal data for any other purpose unless this was the express purpose for which the information was submitted.

In the event our business relating to smeasure.com enters into a joint venture with or is sold to or merged with another person, company or other legal entity your information may be disclosed to that person, company or other legal entity.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all intellectual property rights in our databases (including those relating to data submitted by you) and any outputs belong to us and may be used by us to provide the Service and website as we may decide from time to time.

SECURITY

You will ensure any log in details are kept secure and are not misused.

VAT

As of 1 October 2011 Pilio Limited is not VAT registered and no VAT is currently charged. As and when Pilio Limited is required to charge VAT we will inform you and sums payable will then be exclusive of VAT and Pilio Limited will be entitled to recover the VAT due from time to time in accordance with law.

TERMINATION

We may terminate your subscription and access to and use of the Service immediately at any time without any refund where you are in breach of any of these terms. We may for any reason terminate your use of the Service at any time for any reason with 30 days' prior written notice. In such circumstances our only liability to you will be to refund any sums you have paid on a pro rata basis to reflect the unused period of your subscription.

CHANGES TO THESE TERMS

We may change these terms on 30 days' written notice. If you do not wish to accept the changes you have 30 days to inform. Should you so notify us this agreement will terminate and we will refund you a pro rata payment to refund any unused period of your subscription.

FORCE MAJEURE

We are not responsible for any failure to provide the Service due to events or circumstances outside our reasonable control. These include, but are not limited to, weather or other data ceasing to being available, failure of the internet, breakdown of hardware or software failures.

JURISDICTION AND APPLICABLE LAW

This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.