Terms of Use Hero

Terms of Use

(1) Introduction

These Terms of Use govern your access to:

  • our portals, including PassivLiving and PassivPro portal and all the functionality, dashboards and reports accessible within them (“Portals”);
  • Our website at www.passivsystems.com (“Website”); and
  • Any applications that we make available for you to download from time to time (“Applications”).

We call all of these together “Platforms” in these Terms of Use.

Please read these Terms of Use carefully. If you are browsing our Website, these Terms of Use will apply to your use of the Website. If you are using our Portals or Applications, you must click to accept them. If you have any questions, please contact us, using the details set out at the bottom of these Terms of Use.

Please note that these Terms of Use do not cover when you actually use the functionality in the Portal and Applications which provide services relating to equipment in your home. Those services are supplied to you either under your agreements with the installer of the equipment or direct with us under a separate agreement.

If you have any questions about anything in these Terms of Use, or if you wish to make a complaint, then just contact us at +44 (0)1635525050 or by email at support@passivsystems.com. If you have any technical issues with any Platform, please contact us by emailing support@passivsystems.com.

(2) Your use of the Platforms

Unless otherwise stated, we or our licensors own the intellectual property rights in the Platforms and the material which you can access and see within the Platforms.

You may view, download for caching purposes only, and print pages from the Portal/Website or down load the Applications for your own personal use only and subject to the restrictions set out below and elsewhere in these Terms of Use.

You must not:
(a) republish any or all material or data from the Platforms (including re-publication on another website);
(b) sell, rent or sub-license material or data from the Platforms;
(c) reproduce, duplicate, copy or otherwise exploit material or data on the Platforms for a commercial purpose;
(d) redistribute material or data from the Platforms (except for content specifically and expressly made available for redistribution such as our product sheet, media pack and image gallery).

Nothing in these Terms of Use prevents you from sharing your energy usage data as presented in the Portal and Application with your energy supplier, any energy regulator or organisation engaged by the government to operate energy schemes or for non-commercial purposes.

(3) Acceptable use

When using the Platforms, you must not:

  1. use the Platforms in any way that causes, or may cause, damage to the Platforms or impairment of the availability or accessibility of the Platforms, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  2. attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Platforms are hosted;
  3. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reserve engineer any computer programs used to operate the Platforms except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
  4. use the Platforms to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  5. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platforms without our express written consent; or
  6. create links to the Platforms unless you have our express written consent.

You may have other rights granted by law, and these Terms of Use do not affect these except if the two are inconsistent. If this is the case then these Terms of Use will override any other rights which you may have, unless this is not permitted by law.

(4) Operation of the Platforms

We are always developing the Platforms, so we may make changes to the Platforms at any time, but we will not stop or reduce a service for which you have paid fees (including to third parties such as installers).

We aim to make the Platforms and available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside our control, such as the internet.

We follow good industry practice to keep the Platforms secure and regularly test the Platforms. However, we cannot guarantee that the Platforms will always be totally secure.

(5) Restricted access

Access to certain areas of the Portal and Application is restricted. We reserve the right to restrict access to other areas of the Portal.

Where you have a user ID and password to enable you to access restricted areas of the Portal, Application or other content or services, you must keep your user ID and password confidential.

You are responsible for any activity on your account. It is your sole responsibility to monitor and control access to and use your account. You agree to keep your information accurate, complete and current.

We may disable your user ID and password in our sole discretion if you are in breach of these Terms of Use.

(6) Disclaimers

Whilst we endeavour to ensure that the information on the Platforms is correct, we do not warrant or guarantee that it is complete or accurate. We are reliant on communications networks to input data into the Platforms so data may not always be up to date.

We do not guarantee that the Platforms will be compatible with all hardware and software that you may use.

(7) Limitations of liability

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality and fitness for purpose).

We are only liable to you for losses which you suffer as a direct result of our breach of these Terms of Use and which are reasonably foreseeable. We are not liable for any other losses or for business losses (including but not limited to loss of profits, contracts, goodwill or opportunity).

However, nothing in these Terms of Use shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

(8) Your Data

We take our responsibility for care of your data very seriously. Where we process your data on our Portals and Applications we act as a processor for the controller who is the provider of the services you access through the Portal/Application (unless you have agreed to participate in a trial with us, where we are a controller). If any personal data is processed on our Website, we are a controller. Please see our Privacy Notice for more detail about all our processing activities.

(9) Variation

We may revise these Terms of Use from time to time. Please check this page regularly to ensure you are familiar with the current version. Significant changes to your rights or obligations will be brought to your attention.

(10) Entire agreement

Except where specifically agreed with you, these Terms of Use constitute the entire agreement between you and us in relation to your use of the Platforms.

(11) Suspension and Termination

You can stop using any of the Platforms at any time. If you want us to disable your account, you can contact us at support@passivsystems.com. If you do so, you will no longer be able to access your account or the information held in your account on the Portal or Application.

We may suspend access to your account or terminate your account on the Portal or Application at any time if we believe you are in breach of these Terms of Use. We will tell you as soon as possible if we suspend or terminate your account.

(12) General

These Terms of Use and all communications between us will be in English. No other languages will apply to these Terms of Use.

You may not transfer any of your rights under these Terms of Use to any other person.

We may transfer any of our rights under these Terms of Use to any person or ask any person to fulfil any aspect of it so long as the performance of these Terms of Use is not affected.

Only you and us have any rights under these Terms of Use. No other person shall have any rights under these Terms of Use.

These Terms of Use will be governed by English law, and any disputes relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England.

(13) Our contact details

The full name of our company is PassivSystems Ltd and our address is Benyon House, Newbury Business Park, Newbury, Berkshire RG14 2PZ

Our VAT number is: 242 2344 41

You can contact us by emailing us at info@passivsystems.com