This site uses cookies. Read more.

accept

Discover our range of products

shop now

Terms of Use

We feel that it’s important that we tell you the terms and conditions we have in place and how they affect our business. We aim to be transparent with our decisions and open with our customers.

Dated: May 2016

 

END USER LICENCE AGREEMENT – GEO

PLEASE READ CAREFULLY BEFORE USING ANY geo SERVICES

 

Green Energy Options Limited (‘geo’, ‘we’, ‘us’ or ‘our’) are registered in England & Wales under registration number 5783558. Our registered address is 3 St Mary’s Court, Hardwick, Cambridge, CB23 7QS. You can contact us by email at dpo@geotogether.com.

This end user licence agreement (‘Licence’) deals with your use of geo Services.

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 or operator (‘Appstore‘) from whose site or platform you download or install geo’s App (‘Appstore Rules‘). We remain the owners of the geo App 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.

(1) Privacy

1.1 By using the geo App or any of the geo Services, you agree subject to our Privacy Policy to us collecting and using technical information about the Devices (as defined below) and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.2 The terms of our privacy, cookie and data management policy from time to time, available here are appended to this Licence and incorporated by reference.

(2) Access Requirements

2.1 The geo App and other software services geo supply 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 functionality.

2.2 We do not guarantee that the geo App and or other geo Services, or any content on it, will always be available or uninterrupted. Access to the geo App is permitted on a licensed basis and we may suspend, withdraw, discontinue or change any part of the geo App or 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, unless you have that person’s express permission to do so. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at dpo@geotogether.com.

2.4 You are responsible for making all arrangements (including but not only internet connectivity) necessary for you to have access to the geo App and geo Services you wish to use. You are also responsible for ensuring that all authorised persons who access the geo App or geo Services through your Device are aware of the terms of this Licence, and that they comply with them.

2.5 We reserve the right to restrict access to areas of the geo App and other geo Services. If we provide you with a user ID and password to enable you to access restricted areas of the geo App or geo Service, you must ensure that your user ID and password is kept confidential. You are responsible for any activity via the geo App arising out of any failure to keep your password confidential.

(3) Licence to use

3.1 In return for you agreeing to abide by the terms of this Licence, we grant you a non-transferable, non-exclusive licence to use the geo App and other geo Services on the Device, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this Licence by reference. We reserve all other rights.

3.2 You will need to notify us if ownership of the Device is transferred so that we can allow the new owner to register an account with us and the geo App and/or other geo Services. Please note that charges paid for geo App or other geo Services are not refundable. If you sell the Device to another party you do not transfer any remaining (inclusive or purchased) period of service.

3.3 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 App, 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 App or any other geo Services;
  • c) not make alterations to, or modifications of, the whole or any part of the geo App or other geo Services, or permit the geo App or 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 App or other 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 App 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 App or other 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 App or other geo Services;
  • e) not provide or otherwise make available the geo App or other 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 App or other 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 App or any other geo Service (Technology), together Licence Restrictions.

(4) Charges for geo Apps and other geo Services

4.1 The geo App and certain aspects of the other geo Services may be provided to you for a fee. geo reserves the right to change its price list and to institute new charges. We may notify you that charges will apply or increased charges will apply by notice to you at any time. This notice may be sent by email and the charges or increased charges posted on the website. You will need to pay all applicable charges in connection with geo Services which are selected by you which will apply for the specified period you have purchased. Your use of the geo App or any other geo Services following such notification constitutes your acceptance of any new or increased charges. Charges paid for the use of the geo App or any other geo Services may not be non-refundable.

(5) Intellectual Property

5.1 You acknowledge that all intellectual property rights in the geo App and other geo Services, and the Technology anywhere in the world belong to us or our licensors; that rights in the geo App are licensed (not sold) to you; and that you have no rights in, or to, the geo App, or the Technology other than the right to use each of them in accordance with the terms of this Licence.

5.2 You acknowledge that you have no right to have access to the geo App or other geo Services in source-code form.

‘Green Energy Options’, ‘geo’, ‘EnergyNote’, ‘Cosy’, ‘Solo’, ‘Chorus’, ‘Ensemble’ 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.

5.3 Any other registered and unregistered trade-marks or service marks displayed within the geo App or other 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.

(6) Acceptable use

6.1 You must not use the geo App or any other geo Service in any way which:

  • a) involves use of the geo App or any other geo Service 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 App, any other geo Service or any operating system;
  • c) infringes our intellectual property rights or those of any third party in relation to your use of the geo App or any other geo Service, 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 App or any other geo Service;
  • 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.

6.2 We reserve the right to disclose your identity to any third party who is claiming that any information you submit or uploaded to us through the geo App or other geo Service violates their intellectual property rights, or their right to privacy.

(7) 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.

(8) Limitations and exclusions of liability

8.1 Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

8.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the geo App and all other geo Services.

8.3 We only supply the geo App and other geo Services for domestic and private use. You agree not to use the geo App or other 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 App or any other geo Services pursuant to clause 10.3.

8.4 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 Service (for the duration of default only) to which the geo App is 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.

8.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

8.6 The geo App and other geo Services and the geo website 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.

8.7 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.

(9) Breaches of this Licence

9.1 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 App and all other geo Services;
  • (c) bring court proceedings against you for breach of contract or otherwise; or
  • (d) suspend and/or delete your account.

9.2 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 App and other geo Services from all Devices, and immediately destroy all copies of the geo App then in your possession, custody or control and certify to us that you have done so.

9.3 Where we suspend, prevent or block your access to the geo App or 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).

9.4 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.

(10) Changes Updates and Discontinuance

10.1 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 start the geo App or use any other 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 App or other geo Services.

10.2 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 or streamed the latest version of the geo App and accepted any new terms.

10.3 We may at any time without any liability to you and notwithstanding the payment of charges by you for the geo App or any other geo services modify, suspend or discontinue the supply of the geo App, any other geo Services or any part thereof to you. Notice may be sent on notice by email or posted on the website. Where a geo Service is provided without charge to you it can be discontinued by us without notice.

(11) Third party web links

The geo App or any other geo Service may contain links to other independent third-party websites (Third-party Sites). 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 judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

(12) Other Important Terms

12.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Licence without notifying you or obtaining your consent.

12.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Licence.

12.3 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.

12.4 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.

12.5 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.

12.6 This Licence, together with our Privacy Policy and any Appstore rules, constitutes the entire agreement between you and us in relation to your use of the geo App and other geo Services, and supersedes all previous agreements in respect of your use of this geo App and other geo Services.

(13) 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 App or any other geo Services and this Licence may not be enforced by you against geo.

(14) Definitions

14.1 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 SMS.

geo App” means the software program designed by geo which can run on the internet, on your computer or other electronic device.

Downloadable App” means an application downloadable via the Apple App Store, Google Play or other App stores for use on your mobile phone or other electronic device.