Terms of Use - ‘Get Greener’ tool

Effective as of 29 October 2021


General

When using the ‘Get Greener’ tool (the “Tool”) as developed by the Behavioural Insights Team (BIT), you acknowledge and agree to comply with these terms of use. If you do not agree to these terms, please do not use the Tool.

What’s in these terms?

These terms tell you the rules for using the Tool. The Tool gives information on actions you can take to help achieve carbon Net Zero. The Tool allows you, as the user, to insert your postcode (home or work) which will then access the register to assist you in finding the nearest 10 EV charging points. It allows you to insert your postcode (home) in order to locate EPC certificate data on your home from openly available data. It allows you to email a summary of your results once you have used the Tool to yourself or others, and/or post them to your social media account.

Who we are and how to contact us

This Tool is operated by Behavioural Insights Ltd, a company incorporated in England with its registered office at 4 Matthew Parker Street, London, SW1H 9NP and registration number 08567792 (“We” or “Us”).

Please note that your main point of contact is Miranda Jackman [miranda.jackman@bi.team].

How we may use your personal information

The personal information you input into the Tool (address, postcode and email/social media data) is controlled by us. You should therefore refer to our privacy policy for further details on how we handle this information.

Acceptance of these terms

By using the Tool you confirm that you have read and understood these terms and agree to comply with them.

Changes to these terms

We may change these terms at any time but if we do we will publish any changes on the Tool website. Every time you wish to use the Tool, please read and check that you understand and are happy with any changes. If you continue to use the Tool, you have agreed to follow the new version of the terms of use. If you do not accept them, please stop using the Tool.

You agree we may transfer our rights and obligations under these terms to another person or entity without consent. You may not transfer or sublicence any of your rights or obligations under these terms.

Changes to the Tool

We can change the Tool at any time and for any reason such as:

● to improve the look and feel of the Tool

● to make it easier to use

● to add content

● to delete or change content

● for business and operational reasons, or otherwise

Although we will make reasonable efforts to update the information within the ‘Get Ready’ tool, we do not guarantee that the Tool, or any content within it, will be complete, up to date and free from all errors and we make no warranties or representations of any kind as to its accuracy.

We will make reasonable efforts to keep the Tool operational. However, certain technical difficulties, maintenance, testing or updates may result in temporary interruptions. We reserve the right to modify or discontinue, temporarily or permanently, functions and features of the Tool (with advance notice where possible), all without liability to you, except where prohibited by law.

Content and intellectual property

Our Tool contains material which may include but not be limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”). We are the owner or the licensee of all intellectual property rights relating to the Behaviour Insights Team within the Tool. All such rights are reserved. Data from the National Charge Point Registry is provided under Open Government Licence, and is subject to the terms of that licence, available here: https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

You will not be permitted to reproduce, modify, reverse engineer, distribute, exploit, commercialise, decompile, create derivative works of (or based on) the Materials, or do any other act unless we have provided our express prior written consent, or unless otherwise permitted under these terms.

You may print off one copy, and may download extracts, of any page(s) from the ‘Get Ready’ Tool for your personal use and you may draw the attention of others to content arising from the Tool.

You must not remove any copyright or trademark notices and must comply with any other applicable restrictions on particular content.

If you handle the Materials in breach of these terms of use, your right to use the Tool will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We will have the right to enforce our intellectual property rights to the fullest extent permitted at law. Any unauthorised use of these Materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and passing off.

Use of content is at your own risk. We make no representation or warranty about the content, including in relation to non-infringement of intellectual property rights.

Third Party Rights

The intended use of address and postcode data, in which all intellectual property rights are owned by Royal Mail Group Limited, is in line with the following:

Energy Performance Certificates - permitted exception as provided in the EPC Copyright Information Notice;

Other data contained in the EPC or EV modules of the Tool are licensed under the Open Government Licence v3.0 .

The EV module of the Tool accesses the National Chargepoint Registry , the database of public chargepoints in the UK . The chargepoint data in the NCR is provided directly by the chargepoint device owners and chargepoint operators.

Energy Systems Catapult Limited is the owner of all intellectual property rights in its name and trade mark.

No reliance on information

The content within the ‘Get Ready’ tool is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content within the tool.

Confidentiality

By using the Tool, you acknowledge and agree that any information, material or communication of any kind that you insert to the Tool, in any manner and for any reason, will not be treated as confidential. You acknowledge and agree that, as transmissions over the internet are never completely private or secure, any information you send to the Tool may be read or otherwise intercepted by a third party. We do not assume and will not have any special responsibility to you by virtue of your sending any information to us.

Lawful use of the tool

You may use the Tool only for lawful purposes. You must not use the ‘Get Ready’ tool:

  • to post, share or transmit material which is unlawful or infringes our or anyone else’s rights;

  • in any way that breaches any applicable laws or regulations or in any way that is fraudulent or has any fraudulent purpose or effect;

  • for any commercial purpose or in any way which is abusive, defamatory or obscene or which harasses or distresses anyone or restricts or inhibits their use and enjoyment of the tool or otherwise damages our reputation;

  • to transmit any data, software viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or code designed to interrupt, destroy or compromise the integrity of computer software, hardware or telecommunications equipment; and/or

  • to send, knowingly receive, download, use or re-use any material which does not comply with our standards as otherwise detailed in these terms.

You also agree:

  • not to access without authority, interfere with, damage or disrupt:
    • any part of the Tool.
    • any software used in the Tool; or
    • any network or software owned or used by any third party in relation to the Tool; and
  • not to interfere or attempt to interfere with the operation of the Tool or the use thereof by other users, in any way through any means or device, including, but not limited to uploading computer viruses, logic/time bombs, trojan horses, spamming, hacking, or any other means expressly prohibited by any provision of these terms.

Viruses

We don’t guarantee that the ‘Get Ready’ tool will always be available or free from errors, bugs, viruses, or other components that may infect, harm or cause damage to your computer equipment, network connections and/or any other property used when you access, browse, or otherwise use the Tool. You are responsible for installing virus-checking and similar software to protect your hardware. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the tool or to your downloading of any content within it, or on any website linked to it.

Disclaimers

Notwithstanding any other disclaimers expressly set out in these terms, the material within the Tool is provided "as is", without any conditions, warranties or other terms of any kind (other than those required by applicable law and which cannot be excluded by contract) and is used by you at your own risk. Accordingly, to the maximum extent permitted by law, the Tool is provided on the basis that we exclude all representations, warranties, conditions and other terms which, but for these terms, might have effect in relation to the Tool.

In addition to the above, we assume no responsibility for the content of any websites linked to the Tool nor any products or suppliers featured in the Tool. Such links should not be interpreted as an endorsement by us of those linked websites, products or suppliers. We will not be liable for any loss or damage that may arise from your use of them.

Liability

To the fullest extent permitted by law, we exclude all liability for any loss or damage suffered as a result of you using or accessing the ‘Get Ready’ tool, whether direct or indirect or consequential (even if foreseeable), and howsoever arising.

This includes but is not limited to liability for: loss of data or profits; any incidental, consequential, special, punitive or of any other kind of loss, whether arising out of or through your access to and/or use of the Tool or otherwise; damage caused by downloading content from the Tool including infringement of third party intellectual property; interruptions or delays to the functioning of the Tool; the provision of or failure to provide services; and/or any information, goods and services obtained through the Tool.

Please note that we only provide the Tool for domestic and private use. You agree not to use the Tool for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Nothing in these terms shall exclude or limit your liability or our liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; nor any other liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend and hold us and each of our agents, directors, employees, information providers, licensors and licensees, officers, parents, subsidiaries and affiliates (collectively “Indemnified Parties”) harmless from and against any and all losses, damages, costs, expenses (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any breach by you of any of these terms or applicable laws; your misuse of the Tool; your infringement of intellectual property rights or any other third party rights in relation to the Tool; and/or your failure to provide accurate, up to date information. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In no event shall you settle any such matter without our express prior written consent.

Other terms that may apply to you

Our accompanying Privacy Notice sets out the terms on which we process any personal data we collect from you, or that you provide to us.

Our Cookies Policy provides information about how cookies are used within the Tool.

Severability

If any provision of these terms will be deemed unlawful, void or unenforceable for any reason, then such provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions.

Jurisdiction

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation.