Orange Power Ltd Term of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
BY CREATING AN ACCOUNT WITH US, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE WEBSITE, PRODUCTS OR SERVICES.
Orange Power Ltd reserves the right to make changes to the Orange Power Ltd website, Orange Power Ltd products and Orange Power Ltd services (collectively “The Service”) and to these terms and conditions at any time. Your continued use of this site, the products and services will constitute your acceptance of any new or amended terms and conditions.
1. RESTRICTIONS ON USE
The audio and visual information, documentation, data, software, products, services, material and related graphics available on the Orange Power Ltd site, products and services ("Materials") are provided by Orange Power Ltd. The Materials contained on the site, products and services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Orange Power Ltd alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Materials.
Orange Power Ltd grants you permission to display, download or print portions of the Materials appearing on The Products solely for informational and non-commercial use or to place an order with Orange Power Ltd, provided that you do not modify, reproduce, edit, distribute, display or make any other use of the Materials, in any form or by any means without Orange Power Ltd.’s prior written consent and provided further that you retain all copyright and proprietary notices as they appear in such Materials. The permission granted to you herein shall terminate if you breach any of these terms and conditions. Unauthorised use of any of these Materials is expressly prohibited by law, and may result in civil and criminal penalties.
You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Orange Power Ltd or any third party referenced in the Materials. You agree to use The Products and the Materials accessible via The Products only for lawful purposes. You may not use robots, crawlers or similar applications to collect and compile content from The Products, for the purposes of competing with any services or products provided by Orange Power Ltd, or in such ways that might impair or disrupt the site’s or The Products’ functionality.
2. YOUR PRIVACY
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. USER PROVIDED CONTENT
The Services may contain features that allow you and other users to make available certain content and materials, including, without limitation, text and images (“User Content”) through or in connection with the Services, including through any interactive features of the Services. Your User Content can be controlled via various privacy settings available to you on the “Settings” page. These settings will enable you to control the extent that you would like to share any of your User Content, if any. We may (but have no obligation to) monitor, evaluate, alter or remove User Content before or after it appears on the Services.
We may disclose any User Content and the circumstances surrounding its transmission to anyone for any reason or purpose. Orange Power Ltd has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of any User Content. For purposes of clarity, you retain ownership of your User Content. For all User Content provided by you, you hereby grant to us and our affiliates a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without additional consideration to you or any third party, to reproduce, distribute, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such User Content, in any format or media, and for any purpose related to our business or the business of our affiliates (including promotional purposes, such as testimonials, and publishing User Content as such User Content may be modified and compiled by or for us). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law under any legal theory.
By providing User Content via the Services, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorise Orange Power Ltd to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section; (b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Orange Power Ltd to violate any law or regulation; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. IF YOU CHOOSE TO MAKE ANY OF YOUR USER CONTENT (INCLUDING ANY PERSONAL INFORMATION) OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old (or such other age as may be required in your jurisdiction to validly form legal agreements, if older than 18); (b) you have not previously been suspended or removed from the Services; (c) you have not relied on any representation, whether oral or otherwise, of Orange Power Ltd or any employee, representative, or agent of Orange Power Ltd as an inducement to entering into these Terms; and (d) your registration and your use of the Services is in compliance with any and all applicable laws and regulations.
If you sign up directly with Orange Power Ltd and do not use a third-party service, your GridRewards TM password will be used. You may change the password for your account at any time. You must maintain the confidentiality of your password. Orange Power Ltd encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters and numbers with your account). You are solely responsible for the activity that occurs on your account. You, and not Orange Power Ltd, are responsible for any use or misuse of your account, username, or password, and you must promptly notify us of any unauthorised use of your account. Orange Power Ltd will not be liable for any losses caused by any unauthorised use of your account.
Unless otherwise noted, the Services are provided to users free of charge in consideration of the right to monitor the energy consumption of each user and to coordinate and sell or otherwise monetise demand response, energy reductions and load modifications by the user. You acknowledge that you are not entitled to share in any revenues or benefits from such activities or to receive any compensation other than receiving points in accordance with GridRewardsTM Program
Description of Services.
The Services are designed to coordinate energy reductions and load modifications at specific times and to sell those aggregate reductions on energy markets. For these purposes, the Services will monitor your energy consumption by, among other things, accessing and analysing your electricity records. Information concerning your energy reductions and load modifications is shared with energy market regulators, wholesalers, and retailers to measure the amount of energy saved through Orange Power Ltd’s coordination of energy reductions. As part of the Services, Orange Power Ltd will notify you of Grid events, in which you can earn Points that can be redeemed for rewards or cash in exchange for reducing your energy usage during the specified window (“Grid Events”). For more information on Grid Events, please see our guide here.
You may also authorise Orange Power Ltd to remotely manage your devices on your behalf (including, but not limited to home appliances and thermostats) that are otherwise connected to the Internet through various enabling services (“Connected Devices”). To facilitate timely energy reduction, the Service contains a feature to automate the control of Connected Devices for your account, including during brief events in which Orange Power Ltd will automatically power down your Connected Devices which occur in 30-minute increments and happen in response to real-time surges in the energy grid, so Orange Power Ltd may not provide advance notice of these events. You may at any time elect to manage your Connected Devices directly or to override any actions taken by the Services. These Connected Devices may be managed through services operated by third parties, such as the manufacturers of those devices and your use of such Connected Devices may be subject to the third party provider’s terms and conditions (“Third Party Terms”). To use the Services with your Connected Devices, you may need to provide certain log-in credentials or other authentications methods to the Connected Devices (the “Connected Device Credentials”). By providing the Connected Device Credentials for your device you agree and understand:
You have the authority and rights to provide your credentials or authenticate control of your devices to Orange Power Ltd;
Your use of Orange Power Ltd is in compliance with all applicable Third Party Terms;
You authorise Orange Power Ltd to control your device, based on your settings, during Grid Events, or as otherwise specified in your account settings.
You may override the automated control of your device for any Grid Events.
Orange Power Ltd may experience issues in device control during a Grid Event due to Internet, wireless connectivity or other Service issues and this may impact the ability to turn devices off and on.You may need to manually turn the device off or back on. You will receive notification to participate in Grid Event and you may opt out for those events, in part or in whole. We will attempt to turn all authorised connected devices off for the duration of a Grid Event. At the end of a Grid Event, we will attempt to turn your connected devices back on. We will monitor all connected devices to ensure they come back on and if they do not, we will continue to try and turn them on. In the event we cannot turn a device back on after multiple attempts we will contact you via email, text, app or browser alerts.
Deactivation of Your Account.
You may deactivate or delete your account at any time through the Services. However, certain data associated with your account, such as the Account Information or Metering Records, may not be deleted where such information is required by regulators for audit purposes or where information used in aggregate will enable Orange Power Ltd to optimise Services for the grid. To initiate your deactivation in the Orange Power program, you will need to contact customer service who will start the process, which can take up to thirty (30) days.
Disenroll from Orange Power Ltd Services.
You may disenroll at any time from the Orange Power Ltd services. In order to disenroll your Orange Power Ltd account, you will need to contact customer service to initiate the cancellation. This process may take up to thirty (30) days to complete. By disenrolling, users forfeit outstanding point values, status and referrals. Orange Power Ltd has the right to accept or reject all re-enrollments after an account has been deactivated.Updates to the Services. Over time, the features and functions that are enabled within the Services will change as our business evolves. New features and functions may be added, and others may be deleted or modified. You agree that Orange Power Ltd may update, modify, or discontinue the Services (in whole or in part) or any features or functions within the Services, at any time, in Orange Power Ltd ’s sole discretion. In order to provide you with a more seamless user experience, we may update or modify the Services remotely without notifying you in order to ensure the safe and proper operation of the Services (e.g., bug fixes), and you consent to such updates or changes by Orange Power Ltd.
5. GridRewardsTM Program
The GridRewardsTM Program allows a user to receive “Points” based on a user’s level of participation in the Services and conditions in the energy market prevailing during relevant use periods. “Points” can be redeemed for a variety of goods or services that Orange Power Ltd may make available from time to time, including gift cards, activities or Paypal/cash rewards (“Rewards”). Rewards are available based on a variety of factors including, but not limited to, location, time of day, grid conditions, total amount of energy saved by a user, or the availability of a particular Reward at the time a user redeems their Points. Rewards may be subject to additional terms and conditions. Any Reward that is obtained due to Orange Power Ltd.’s error or a user’s fraudulent, deceptive or illegal activity (including in violation of these Terms) is void. Orange Power Ltd may add, remove or change Rewards at any time without notice. Users are solely responsible for compliance with local tax and other laws, and any costs, associated with accepting and using a Reward.
Points are issued on a promotional basis only, and are not available for purchase. There is no fee associated with participating in the Points reward program. Points may only be used for personal use only; any commercial or business use is prohibited. Points are non-transferable and may not be sold, exchanged, shared or assigned to or with another user or Orange Power Ltd account. Points may not be combined with any other offers or discounts except as expressly permitted by Orange Power Ltd. Orange Power Ltd reserves the right to impose limits on the amount of Points that a user may receive or maintain in their Orange Power Ltd account at any time, or the amount, frequency or type of Rewards for which a user may redeem Points. Points have no cash value and cannot be redeemed for cash, merchandise or other benefits except as expressly specified by Orange Power Ltd.
Participation in the Points reward program requires an active membership in the Services. If a user fails to have any qualifying activity over three (3) consecutive months, the user’s Orange Power Ltd account will be deemed inactive and all accrued Points in the Orange Power Ltd account will be forfeited. A “qualifying activity” means: (a) engaging with the service such as logging in or opening an email, (b) posting Orange Power Ltd related activities to social media (e.g., Facebook), (c) purchasing an item from the Orange Power Ltd Store, (d) connecting a device to the Orange Power Ltd service, or (e) inviting new members to activate with the GridRewardsTM service. Orange Power Ltd reserves the right, in its sole discretion, to suspend or terminate a user’s ability to receive or redeem Points, or to void any accrued Points in a user’s Orange Power Ltd account, if Orange Power Ltd suspects that the user’s participation in the Points program violates these Terms or that the user is engaged in fraudulent, deceptive or unlawful activities. Orange Power Ltd may modify, suspend or terminate the Points reward program at any time. If Orange Power Ltd terminates a user’s participation in the Points reward program or terminates the Points reward program, or a user closes their Orange Power Ltd account, all accrued Points in the user’s Orange Power Ltd account will become void.
Orange Power Ltd, from time to time, may offer different promotions, such as a Referral Program allowing users to refer new members to join the Orange Power Ltd platform. At the discretion of Orange Power Ltd, referring a new member (“Referred User”) to the Orange Power Ltd platform may result in a reward of Points or cash (“Referral Award”) for the person making the referral (“Referrer”); it also may result in a reward of Points or cash to the Referred User.
You will be provided a unique code for referrals (“Referral Code”) to distribute to eligible friends, family, neighbours, small and medium business and community members. To redeem the Referral Code, the Referred User must use the Referral Code during account activation on the Orange Power Ltd platform for a new and unique household and eligible electricity account. If a Referred User receives multiple Referral Codes, only the last Referral Code used will be given the Referral Award for the Referred User.
If you, the user, use a method or methods to abuse the Referral Program, you will forfeit any Points or cash received as part of a Referral Award and you will not be allowed to participate on the Orange Power Ltd platform. Orange Power Ltd may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Referral Codes are for promotional purposes only and are eligible for Points or cash only. The amount, timing and conditions of receiving Points or cash as part of your Referral Award shall remain solely within the discretion of Orange Power Ltd. All rewards will be forfeited at account closure.
6. LIMITATION OF LIABILITY
Orange Power Ltd will use reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. There will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Orange Power Ltd will take reasonable steps to minimise such disruption where it is within Orange Power Ltd 's reasonable control. Because the Services are delivered over the Internet, the availability of the Services is subject to certain limitations. You agree that the Services are subject to limitations and restrictions outside Orange Power Ltd.’s control, which include such things as wireless network capabilities, and Internet availability. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose. You agree that Orange Power Ltd will not be liable in any event to you or any other Party for any suspension, modification, discontinuance or lack of availability of the Service. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access otherwise use the Service.
Orange Power Ltd does not guarantee or promise any specific level of energy savings or other benefit from the use of the Services. Actual energy savings and benefits vary depending on factors beyond Orange Power Ltd ’s control or knowledge.
Limitation of Liability
We do not exclude or limit in any way our liability to you where it would be unlawful todo so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We will not be liable for accidental damage or normal wear and tear.
We cannot guarantee or verify all information within the App. The App may provide information about third-party products in your home or information related to data manually input by you. Unless otherwise expressly stated by us, we cannot guarantee that such information is correct or up to date. All Product Information is provided “as is” and “as available”. In cases where it is critical, accessing such information through the App is not a substitute for direct access of the information in the home. Check that the App and the Services are suitable for you.The App and the Services have not been developed to meet your individual requirements.
Please check that the facilities and functions of the App and the Services (as described on the relevant app store site and in the Documentation) meet your requirements.We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services 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 but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We are not responsible for any increases in your electricity costs,. The App’s purpose is to assist and facilitate with the management of your home electricity. Although we have done extensive research which shows that when used according to our instructions and guidance the App may help reduce costs related to household electricity services, we have no responsibility whatsoever should this not be the case or should you experience any cost increase instead. If you have any questions about how to use the App or if you would like to optimise is use, contact our support team for assistance.
We are not responsible for your or your households’ negligent or malicious use. The App provides the user with the ability to manage your electricity system and, as such, we exclude liability for any loss or damage to your property or electricity system, in the event you or a member of your household with permitted access to the account ,uses the App maliciously, recklessly or negligently.
In no event shall Orange Power Ltd be liable for any damages whatsoever, including but not limited to, indirect, special, incidental or consequential damages, whether in an action of contract, negligence or other tortious action resulting from use of, or the inability to use, The Products or arising out of the use or performance of the Materials available on The Products, regardless of whether Orange Power Ltd or an authorised Orange Power Ltd representative has been advised of the possibility of such damages. In the event that, notwithstanding the foregoing, Orange Power Ltd is found liable to any user of The Products for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the maximum aggregate liability of Orange Power Ltd to you arising in connection with these terms and conditions shall be limited to the amount paid for The Products in the twelve (12) months prior to the accrual of the applicable claim.
No emergency notification system. You understand that the App or Service are not a third-party
monitored emergency notification system and that we do not monitor emergency notifications
and will not dispatch emergency authorities to your home in the event of an emergency. In
addition, our support contacts cannot be considered a lifesaving solution for people at risk in
the home, and they are no substitute for emergency services. All life threatening and
emergency events should be directed to the appropriate response services.
7. DISCLAIMER OF WARRANTIES
WE ARE NOT PROVIDING ANY WARRANTIES RELATING TO THE SERVICES. THE SERVICES AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. ORANGE POWER LTD DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, IS MADE REGARDING ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED IN THE SERVICES OR THE RESULTS THAT YOU MAY OBTAIN THROUGH THE SERVICES. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF ORANGE POWER LTD, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AS WELL AS EACH AFFILIATED ENTITY’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ORANGE POWER LTD IS NOT IN THE BUSINESS OF PROVIDING ELECTRICITY OR OTHER UTILITY SERVICES AND IS NOT RESPONSIBLE FOR YOUR ELECTRIC OR OTHER UTILITY SERVICES.
8. GridRewardsTM Store
DISCLAIMER OF WARRANTIES and RETURN POLICY.
Orange Power Ltd makes no warranties, express or implied, regarding any hardware device, and there will be no implied warranties of merchantability or of fitness for a particular purpose. Devices carry the warranties specified by the applicable third party manufacturers. We have a return policy, available here on the store home page.You are eligible only to receive one account authorisation promo, which is featured on the page on which you originally submit your email, post code, and set password.Unless otherwise specified, all promotions are limited to one (1) discount code per service account.
9. Complementary Devices
Only users with a valid claim code are eligible to claim complimentary devices.The complimentary devices must only be used to connect qualifying household appliances to GridRewardsTM in order to enable automated participation in Grid Events or other auto pilot program. The complimentary devices must be used regularly to take part in Grid Events and Orange Power Ltd reserves the right to request that device be returned to Orange Power Ltd if the frequency of use is low.We retain the right to reject claims if it is believed via validation checks that submission details include false or fraudulent information, invalid claim codes or invalid personal and address information. We retain the right to withdraw the giveaway without prior notice at any time. Decisions on the successful completion of the giveaway criteria are final and no correspondence will be entered into.Orange Power ltd is not responsible for damage or loss of the complimentary devices during delivery.The giveaway is only open to UK residents over the age of 18. Complimentary devices are non-transferable and no cash alternative is available. All valid device claims are subject to availability. Complimentary devices can only be delivered to a valid UK address.Acceptance of these terms and conditions is a condition of entry. We reserve the right to reject entries received from promotional sources that are unapproved by Orange Power Ltd. We are not responsible for the operation of the complimentary devices and only provide support for customers in relation to such devices being connected to GridRewardsTM and participating in Grid Events.
All trade names, trademarks, service marks and logos on the Services are the property of their respective owners. You are not granted any rights to use any trade names, trademarks, service marks or logos on or in the Services under these Terms.
11. Term and Termination
This Agreement is effective until terminated. Orange Power Ltd may terminate or suspend your use of the Services at any time and without prior notice, for any reason or no reason, including if Orange Power Ltd believes that you have breached any provision of these Terms. Upon any such termination or suspension, all rights and licenses granted under these Terms, including your right to use the Services will immediately cease, and Orange Power Ltd may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.
12. Acceptable use restrictions
You must:not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service; not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and 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.Intellectual property rightsAll intellectual property rights in the App and Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
13. No rights for third parties
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.If a court finds part of this contract illegal, the rest will continue in forceEach of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.Even if we delay in enforcing this contract, we can still enforce it laterEven if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
14. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Orange Power Ltd
27 Castle Street, Canterbury, England, CT1 2PX