Terms of Use

These terms of use govern your access to and use of the entire contents of the https://saveonpower.co.uk website (“Website”) owned and operated by MyWave Group Limited (“MyWave”). They do not govern the use of services incorporating the MyWave intelligent agent, ‘Myia’ (“MyWave Service”). You must register for the MyWave Service which is governed by separate terms and conditions which can be found here.

Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website. MyWave may revise these terms of use at any time by updating this posting. You should check the Website from time to time to review the then current terms of use because they are binding on you.

1. YOUR USE OF SITE CONTENT

1.1 All images, icons, text and other content on the site (“Content”), as well as the arrangement of the Content on the Website, is protected by copyright and other intellectual property rights. You are not granted any licence to use the Content other than to view it. Nothing in these terms of use grants you a licence to use any MyWave trade marks.

1.2 Unless allowed by law, you shall not copy, republish, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any of the Content.

1.3 If you breach any of the terms in these terms of use, your permission to use the Website automatically terminates. In addition, MyWave shall have the right to block, restrict, disable, suspend or terminate your access to all or any part of the Website or its Content at any time in its discretion without liability to you.

1.4 You shall not:

(a) misuse the Website (including, without limitation, by hacking);

(b) resell or make commercial use of the Website or its Content;

(c) frame or use any framing techniques to enclose the Website or any part of it;

(d) take any action that in our sole discretion places an unreasonable or disproportionately large load on servers or other infrastructure we use; or

(e) use the Website in any way which may cause, or be likely to cause, access to or use of the Website to be interrupted, damaged or impaired in any way.

1.5 Any rights not expressly granted in these terms of use are reserved.

2. YOUR ACCESS TO OUR SERVICES

2.1 While MyWave tries to ensure that the Website is normally available 24 hours a day, MyWave shall not be liable if for any reason the Website is unavailable at any time or for any period.

2.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond MyWave's control.

3. YOUR PRIVACY AND OUR USE OF COOKIES

3.1 MyWave is committed to respecting your privacy and the privacy of all individuals using the Website. More information regarding how MyWave may use your personal data, including its use of cookies, can be found in the MyWave Website Privacy Policy. If you are interested in how MyWave uses personal data in providing the MyWave Service, you can find our Myia Privacy & Cookie Policy here.

4. LINKS TO AND FROM OTHER WEBSITES

4.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. MyWave has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. MyWave therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

4.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the MyWave logo;

(b) you do not create a frame or any other browser or border environment around the Website;

(c) you do not in any way imply that MyWave is endorsing any products or services other than its own;

(d) you do not misrepresent your relationship with MyWave nor present any other false information about MyWave;

(e) you do not link from a website that is not owned by you (without the prior consent of the website owner); and

(f) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

4.3 MyWave expressly reserves the right to revoke the right granted in clause 4.2 for breach of these terms and to take any action it deems appropriate.

5. DISCLAIMER

5.1 While MyWave tries to ensure that the information on the Website is correct, MyWave does not warrant the accuracy and completeness of the material on the Website. MyWave may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and MyWave makes no commitment to update such material.

The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, MyWave provides you with the Website on the basis that MyWave excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms of use, might have effect in relation to the Website.

6. INDEMNITY

6.1 You shall indemnify MyWave against any loss, damages, costs or expenses which are awarded against or incurred by MyWave as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to any breach by you of any of these terms of use or your infringement of intellectual property rights.

7. LIABILITY

7.1 Nothing in these terms of use shall exclude or limit either your or MyWave’s liability for:

(a) death or personal injury resulting from the negligence of the other or their servants, agents or employees;

(b) fraud or fraudulent misrepresentation; or

(c) breach of any implied condition as to title or quiet enjoyment.

7.2 Save to the extent that these terms of use state otherwise, nothing in these terms of use shall exclude or limit either party’s liability for breach of clause 6 (Indemnity).

7.3 Subject to clauses 7.1 and 7.2, neither you nor MyWave shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these terms of use for:

(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);

(b) any loss of goodwill or reputation; or

(c) any special, indirect or consequential losses;

in any case, whether or not such losses were within the contemplation of you and MyWave at the date of these terms of use, suffered or incurred by you or MyWave arising out of or in connection with the provisions of, or any matter under, these terms of use.

7.4 Subject to clauses 7.1, 7.2 and 7.3, each party's total liability in relation to all events or series of connected events occurring under this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to £10,000.

8. GOVERNING LAW AND JURISDICTION

8.1 These terms of use shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts. In addition, you have the option to use the Online Dispute Resolution (ODR) platform which is accessible here - http://ec.europa.eu/consumers/odr/index_en.htm.

Issue Date: 29 September 2016

MyWave website terms of use