1 – Who are we and what this agreement does
1.1 – We, Robin Hood Energy Limited (“we”, “us”) of Loxley House, Station Street, Nottingham, NG2 3NG licence you (“the End User”) to use:
- Robin Hood mobile application software (“app”) and any updates or supplements to it.
- The Service you connect via the app and the content we provide to you through it (“Service”)
as permitted in these terms.
2 – Privacy
2.2 – Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the app or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3 – Upgraded features and new versions
3.1 – Upgraded features and new versions of the Service will be implemented in the Service to the extent the Provider finds appropriate. The Provider reserves the right to, without prior notice and at any time, make changes to or modify the Service or the way in which the Service is provided.
3.2 – If you chose not to install updates or opt out of automatic updates you may not be able to continue using the app and the Service.
3.3 – The app will always match the description of it provided to you when you downloaded it.
4 – Use of the APP and Service
4.1 – In return for you agreeing to comply with this EULA, you as the End User may download or stream a copy of the app onto a mobile phone or hand held device and view, use and display the app and the Service on such devices for your personal purposes only.
4.2 – The End User shall act in conformity with any instructions given by the Provider regarding the use of the Service.
4.3 – The End User must be 18 or over to accept this EULA and use the app.
4.4 – If you download the app onto any mobile phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this EULA, whether or not you own the phone or device. You and they may be charged by your and their service providers for internet access on the devices.
4.5 – The End User ensures that it will not use the Services for any purpose that is not in compliance with applicable law or this EULA and is liable for all actions and activities conducted within the scope of its use of the Services. Neither the Provider nor its subcontractors are responsible for any unauthorised access to the Service as a result of the End User’s negligence.
4.6 – The End User shall not copy, reproduce, sell, sub-license, distribute, modify, decompile or in any other way make changes to the app or the Service or make the Service or parts of the Service available to others.
4.7 – By using the app or any of the Service, you consent to us collecting and using technical information about the devices and related software, hardware and peripherals for Service that are internet-based or wireless to improve our products and to provide our Service to you.
4.8 – We recommend that you back up any content and data used in connection with the App.
5 – Support for the app and how to tell us about problems
5.1 – If you want to learn more about the app or the Services or have any problems using them please take a look at our support resources at:
- Frequently Asked Questions within the ‘Account’ tab of this mobile application for app questions.
- Our website FAQ for general Robin Hood Energy service questions including emergencies;
5.2 – Contacting us
- If you think the app or the Service are faulty or mis-described or wish to contact us for any other reason please email our customer service team via Chat within this mobile app between 9am and 5pm Monday to Friday, emailing email@example.com or calling us on 0800 030 4567.
5.3 – How we will communicate with you
- If we have to contact you we will do so by email, in app chat, by SMS, or by post using the contact details you have provided to us
6 – Limited access to the Service
6.1 – The Service may be interrupted by circumstances outside of the Provider’s or its subcontractors’ control, which might affect the functionality and availability of the Service. Since neither the Provider nor its subcontractors are able to control such circumstances, the Provider cannot warrant a continuous or uninterrupted access to the Service. The Provider shall however, given the circumstances at hand, seek to remove such factors that interferes, or risk to interfere, with the functionality and accessibility of the Service.
6.2 – The Provider is, due to technical, maintenance or security reasons, entitled to take appropriate measures, which might affect the access to the Service. The End User shall without undue delay to the extent necessary be informed about any limitation or suspension of the access to the Service, for example by the Provider posting such information on its website or similar.
6.3 – The Provider reserves the right, at any time, to terminate the End User’s access to the Service if the Provider suspects that the End User is violating this EULA or is otherwise acting in a way that risks causing the Provider, its subcontractors, other users or persons any harm or other damage.
7 – Intellectual property rights
7.1 – The End User shall not obtain any intellectual property rights to the app or any Service or any rights to the material arising from the use of the app or Service All intellectual property rights in the app and Services belong to us.
8 – Third Party Applications
8.1 – To use parts of the Service, the End User may need access to certain third-party applications which are not provided by us. The End User is responsible for carrying out installations and updates of such third-party applications.
8.2 – The End User shall ensure that its use of a third-party application is in conformity with the terms and conditions governing the relation with the supplier of the third-party application.
8.3 – Neither the Provider nor its subcontractors are responsible for deficiencies in, and does not warrant the functionality of, any third-party application.
9 – Links to other websites
9.1 – Within the Service, the End User may find links to websites provided by third parties. Neither the Provider nor its subcontractors or suppliers has control of or responsibility for such linked websites or its content and shall not be held liable for any damages arising in connection with the use of services available on linked websites. The End User is recommended to read the respective terms of service and privacy policies of such third-party websites.
10 – Limitation of liability
10.1 – Neither the Provider nor its subcontractors shall be held liable for any loss of profits, reimbursement towards a third party or any other indirect or consequential damage or loss, unless otherwise provided hereunder. The limitation shall not apply to either party’s liability based on death or personal injury caused by negligence, gross negligence, wilful misconduct, fraud or fraudulent misrepresentation.
11 – Force majeure
11.1 – The Provider and its subcontractors shall be relieved from liability for failure to perform any obligation under this EULA during such period and to the extent that the due performance thereof by either the Provider or its subcontractors is prevented by reason of any circumstance beyond the reasonable control of such party, such as war, warlike hostilities, labour disturbances, new or amended legislation, governmental actions, interruption or failure of electricity or communications systems, fire, flood or other circumstances of similar importance.
12 – Amendments
12.1 – The Provider may at any time make amendments or additions to this EULA to reflect change in law or best practice or to deal with additional features we think are necessary. If we make amendments or additions we will ask you to review and accept the new terms when you next use the mobile application
12.2 – If you do not accept the notified changes you will not be permitted to continue to use the app and the Service.
13 – Communication
13.1 – The End User accepts that all communication from the Provider or its subcontractors to the End User may be made electronically. Notices shall be deemed to have been given on the day a message is sent.
14 – Duration
14.1 – This EULA applies from the End User’s registration of a user profile in connection with the use of the Service and until the End User has ceased to use the Service
15 – Governing law and dispute resolution
15.1 – This EULA shall be construed in accordance with and governed by the laws of the United Kingdom. Any dispute, controversy or claim arising out of or in connection with this EULA, or the breach, termination or invalidity thereof, shall be finally settled by the public courts of the United Kingdom.
16 – Acceptable use restrictions
a) Mot use the app or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the app, any Service or any operating system;
b) Not infringe our intellectual property rights or those of any third party in relation to your use of the app or any Service(to the extent that such use is not licensed by this EULA);
c) Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the app or any Service;
d) Not use the app or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
e) Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
17 – Termination
17.1 – We may terminate this EULA immediately by written notice to you:
a) If you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
b) If you breach any of the licence restrictions or the acceptable use restrictions; and
c) On thirty days’ notice.
17.2 – On termination for any reason:
a) All rights granted to you under this EULA shall cease;
b) You must immediately cease all activities authorised by this EULA;
c) You must immediately delete or remove the app from all devices, and immediately destroy all copies of the app then in your possession, custody or control and certify to us that you have done so.
18 – Governing law and jurisdiction
18.1 – This EULA shall be governed by the law of England and shall be subject to the exclusive jurisdiction of the English Courts.