Terms of use

Who we are, how to contact us and what these terms cover

These terms tell you the rules for using the ista MinuteView Portal (the portal).

The portal is operated by ista Energy Solutions Limited (we, us or our). We are registered in England and Wales under company number 03752572 and have our registered office at The Officers' Mess Royston Road, Duxford, Cambridge, England, CB22 4QH.

To contact us, please email info@ista-uk.com or telephone +44(0)1223 874974.

By using the portal you accept these terms

By using the portal, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use the portal.

We recommend that you print a copy of these terms for future reference.

These terms of use refer to the following additional terms, which also apply to your use of the portal

• Our privacy policy
• Our cookie policy, which sets out information about the cookies on the portal

We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use the portal, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to the portal

We may update and change the portal from time to time to reflect changes to our users' needs and our business priorities.

Operating system requirements

You are responsible for making all arrangements necessary for you to have access to the portal. We cannot guarantee that the transmission of any information over your internet connection will be secure nor can we guarantee that the portal will be compatible with any or all hardware and software that you may use.

Account details and restrictions on use

The portal is only for use by property administrators of properties installed with our smart metering or otherwise using our services.

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to or transfer it to any third party whether for money, for anything else or for free.

You must not allow any third party to access the portal using your account details.

Subject to the Permitted Use below, you must not show the portal and/or its contents, whether in digital or paper form, to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify your account manager.

You agree that you will:

• not use the portal and/or its contents to develop any competing product or service;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the portal;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the portal nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the portal to obtain the information necessary to create an independent program that can be operated with the portal or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the portal;
  • is kept secure; and
  • is used only for the Permitted Objective;
• not use the portal in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms.

Permitted use

We are the owner or the licensee of all intellectual property rights in the portal, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may view, use and print or download limited copies of information contained on the portal solely for use in your capacity as property administrator. You may share such information with others within your organisation to the extent necessary for the administration of properties installed with our smart metering or using our services.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the portal must always be acknowledged.

If you print off, copy or download any part of the portal in breach of these terms of use, your right to use the portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We are not responsible for websites we link to

Where the portal contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Limitation of liability

This section sets out our entire financial liability to you.

1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
2. Except as expressly and specifically provided in these terms of use, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms.
3. Subject to (A) and (B) above:
   • we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, business interruption, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss or damage however arising under these terms of use; and
   • our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to £100.

We are not responsible for events outside our control. If our provision of the portal or support for the portal is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

How we may use your personal information

We will only use your personal information as set out in our privacy policy

We are not responsible for viruses and you must not introduce them

We do not guarantee that the portal will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the portal. You should use your own virus protection software.

You must not misuse the portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the portal, the server on which the portal is stored or any server, computer or database connected to the portal. You must not attack the portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the portal will cease immediately.

Assignment

We may transfer our rights and obligations under these terms of use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

Governing law and jurisdiction

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.