Terms and Conditions
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General
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These Terms and Conditions apply to any of our services which may help
homes and businesses save money and carbon in relation to their premises
in Britain (the “Service”), and/ or any asset connected to the grid,
such as renewable generation assets, batteries and/ or EV chargepoints.
By entering any Service(s), you agree to be bound by the following Terms
and Conditions.
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The Service is run by Perse Technology Ltd, a company registered in
England and Wales with registered number 12447140 and registered office
Spaces Oxford Street, Mappin House, 4 Winsley Street, W1W 8HF (“Perse”, “Labrador”, “We”, “Us”).
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The Service may be provided by us direct to you or in conjunction with
or otherwise via one of our partners or an Intermediary that you have
chosen to work with. An Intermediary is another entity that is providing
you with services related to your building and/ or assets connected to
the grid and is who you wish to share data with, obtained at your
request and on your behalf by Perse.
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The Service is offered via this (“website”) and/ or
other domains shared with you (“the Site”), which may be
third party domains of a partner or your chosen Intermediary.
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We reserve the right to cancel or amend the Service and/or these Terms
without prior notice. Any changes will be posted on our website.
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Using the Services
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In order to use any of the Services, you may need to register with Us
via the Site. Perse may, in our sole discretion, refuse to register
anyone as a Customer or provide the Service after registration.
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In order to be eligible to register to use the Services, you must:
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be a person or business that is resident in the UK;
- be aged eighteen years or over; and
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be able to provide Perse with all such relevant and accurate
information as we may require, which may include consent to process
your data, in order to provide the Services to you.
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Provision of Services
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Our Services intend to help you better understand the gas and electricity usage of your building(s) and/ or
assets connected to the gas and/ or electricity grids, such as solar PV and batteries, and steps you could
take to optimise them.
This includes:
- Comparison and switching of energy tariffs and energy contracts;
- Cost savings;
- Energy efficiency recommendations;
- Carbon reporting;
- Carbon savings;
- Energy flexibility;
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Assessing capacity for new grid installations (such as EV chargepoint and/ or solar PV);
- Bill validation; and
- Provision of data in relation to one or more of the above purposes.
- By using any of our Services, you are agreeing to the above purposes.
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The Services that we provide to help you with these purposes include:
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We may also provide Services, such as data services and/ or
whitelabel products, to third parties who may offer you similar services
to the above.
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The accuracy of our information and recommendations depends on you providing us with correct address
information and editing any information that is not correct. If you need to correct anything and are unable to
do so yourself, please contact us at contact@perse.energy or via a
partner or your Intermediary.
The information that we retrieve from industry sources, based on your address, is the same information that
your energy suppliers use to bill you on. This is not data that Perse has created nor estimated - we rely on
the industry data as being accurate. Our Service also assumes that your energy usage will continue to the same
levels as it has in the last 12 months. If you believe your usage will change, this will likely affect the
accuracy of our Services. If you are unable to edit your usage via the Site yourself, please contact us at
contact@perse.energy or via a partner if you think this applies to you.
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Whilst we strive our best to provide accurate and personalised information to help you make informed
decisions, we cannot guarantee outcomes. If you decide to act upon any of the information provided to you via
our Services, this is done at your sole risk and responsibility.
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Switching services
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For our domestic service, we partner with Free Price Compare.com
which is a trading name of RBH LONDON LTD (company number
08687442) whose registered office is at 113 Romford Road, London,
E15 4LY.
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For any domestic switch you submit via our service, you have 14 days
cooling off period. This is the case even if the switch has gone live with
your new Supplier. If you change your mind and wish to cancel the
switch, you need to contact your new supplier and cancel this direct
with them.
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Flexibility Service Schemes
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Flexibility Service Schemes (“Flex” or “Flexes”) are those which may pay
you money to turn up or down your energy consumption at certain times of
the day. These times are known as Flexibility Service Scheme Events
(“Events”).
To be eligible for this part of our Services, you need to:
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have a smart meter or if you’re a larger business, an advanced half
hourly meter, and give us consent to access your half hourly data;
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give us permission to share this data with the Flex Provider (this
may be the National Energy System Operator (NESO), a District
Network Operator (DNO) or any other entity that may be communicated
to you when inviting you to opt-in to participate in an Event), in
order that they can reconcile any flexibility provided and monies
due;
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agree for us to also share your data with any third parties who we
may require to deliver the Service, for the purposes of providing
the Service, which may include partners;
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not be registered with another Flex provider that you have signed up
to after joining our Service; and
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successfully change your energy consumption as required by the Flex
Provider in the Event, as we, or our partner, will communicate with
you.
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The date, timing and frequency of any Flex Event is in the sole
discretion of the Flex Provider. Eligibility for payment is also in the
sole discretion of the Flex Provider.
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We will endeavour to give you notice of any Flex Event and to register
you to participate but we do not guarantee the same. We also endeavour
to provide the Flex Provider with accurate forecasts to optimise the
chance of having bids accepted, but we cannot guarantee accuracy nor
what the Flex Provider will accept.
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We will communicate to you the amount of energy usage that we believe
you have saved or used, as applicable, during any Flex Event and the
monies that we believe you will be due. However, we rely on the accuracy
of industry data and the Flex Provider’s decision on amounts to be paid
and the timing of payments.
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The timing and method of any payments, once monies are received from the
Flex Provider, shall be at our discretion. However, we intend to provide
you with the option to choose to draw down funds once minimum levels are
reached, from your customer account.
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Our terms are also intended to incorporate the terms of the ENAs
Standard Agreement for Flexibility Services as if they were written
herein in full. Please ensure you are familiar with the same:
https://www.energynetworks.org/publications/standard-agreement-for-flexibility-services-ver-3.0
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Our terms are also intended to incorporate the NESO’s Demand Flexibility
Service Service Terms also as if they were written herein in full.
Please also ensure you are familiar with the same:
https://www.neso.energy/document/348106/download
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ConsentWallet
- This Service is provided via a contract between us and you, even if you heard about the Service from a third
party.
- By creating an Account, you are authorising us to retrieve your energy information including meter details,
supplier details and energy Consumption.
- By using the Service, you are agreeing to only add and/ or confirm addresses and/ or meters for which you
are the energy consumer or property owner (freeholder or leaseholder).
- Where you are the property owner, it is a mandatory condition of Service that you inform us if there is a
sole trader tenant or a tenant for which the energy consumption could reasonably be thought to be confidential
in nature.
- It is your choice and your choice alone as to who you share your energy data with. You are never obliged to
share it with anyone. Whilst we provide you with tools as to how to receive and share your energy data, the
use of these tools are your decision and for you to control and manage, as you wish.
- If you wish to change your data sharing permissions, please manage this in your ConsentWallet. We rely on
you to ensure that your permissions always reflect your intention and remainup to date.
- If you share your energy data, we are no longer responsible for what happens with and to your data. This is
your responsibility. If you share your data with a third party, it is your responsibility to check and agree
to any terms and conditions, as well as privacy policy that may apply. Even if our Service is compatible with
a third party platform, this does not mean that we endorse nor recommend using it.
- Where you provide us with a Letter of Authority, this is authorising us to retrieve energy data that
includes half hourly energy consumption.
- We may share details of your Permissions, including any Letters of Authority, with relevant third parties in
order to prove compliance with these Terms, our data privacy policy and any relevant terms that may apply in
our contracts with relevant industry data providers.
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Charges
- Many of our Services are provided free of charge. However, if there is a charge, this will be clearly
communicated to you. We reserve the right to charge for Services that are currently free, in the future.
However, again this will be communicated to you with the opportunity to discontinue with the Service, if you
decide to do so.
- When a Service is provided for free, we may receive payment from a third party. For example, with our
switching service, if you decide to switch to a new energy tariff via one of our Services, we will receive a
commission from the relevant energy supplier. If we recommend solar panels as being suitable for your property
and you accept that recommendation, we may receive a commission from the solar panel installer or financier.
In the event we receive a payment for the recommendation of a product or service, we will still ensure it is
genuinely appropriate to your needs.
We may also receive payments from other partners that we work with, such as if we are working with your energy
supplier or bank.
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With the our Flex Service, we will charge a transaction fee that will be
deducted from any payment to you. There is no charge unless you are
eligible for a payment. Our transaction fee will be communicated to you
by us or by our partner, who may be coordinating this service with you.
We may also share that transaction fee with a partner, if applicable.
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Intellectual property rights
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We are the owner or the licensee of all intellectual property rights in
our Websites and the Services. No right to use any of our intellectual
property is granted save as strictly necessary to use the Services.
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Data protection
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You acknowledge and agrees that your details may be shared with any
partner who has introduced you to our Service and/ or any Intermediary
or other individual or entity that you request we share your data with.
Personal data will be processed by and on your behalf in accordance with
our Privacy Policy: https://perse.io/privacy-policy You should also check the partner’s and/ or
Intermediary’s privacy policy as well.
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You grant us permission to investigate your energy supply details on the relevant industry databases (which
may include but not be limited to RECCo, Xoserve, ECOES, Electralink, the Data Communications Company, n3rgy,
Stark Software International (and other data collectors), Companies House and HMRC) in order to provide
any information. This includes, where available, your energy usage history for up to 3 years. It may also
include commercial half hourly energy consumption and half hourly energy generation.
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You will only request data for a property or asset that you are either the landowner, leaseholder, occupant,
and/ or bill payer; The data that Perse may obtain and provide may differ according to your connection to the
property and/ or asset.
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If you are not the occupant or energy bill payer, you must notify us if a commercial building is occupied by a
sole trader or if a generation or EV chargepoint asset is owned by a sole trader. You must also notify us if
there is a reasonable prospect that the energy consumption could be confidential to the tenant. We are
entitled to rely on you discharging your responsibilities under this clause 8.4 and hold you liable for any
risk of breach or potential breach of data protection or the law of confidentiality should you fail to do so.
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Termination
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Without prejudice to the foregoing and any other rights and remedies
that we may have, we shall be entitled to terminate or suspend the
Services.
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You hereby agrees to indemnify, keep indemnified, defend and hold us and
our parent companies, subsidiaries, affiliates and each of their
respective officers, directors, employees, owners, agents, suppliers,
contractors, partners, information providers, licensors and partners
harmless from and against any and all claims, damages, liability,
demands, losses, costs and expenses (including legal fees) (whether or
not foreseeable or avoidable) incurred or suffered by any of such
parties and any claims or legal proceedings which are brought or
threatened arising out of or in connection with any use by or conduct of
you in relation to any of the Services, any transactions, dealings or
arrangements made with any third party as a result of using the Services
or any breach of any of the provisions of these Terms or of any law or
the rights of any third party.
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Limitation on Liability
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We will exercise all reasonable skill and care in providing the
Services. However, the performance of the Services by us is dependent
upon third parties (including, without limitation, industry providers of
gas and electricity data) and we are not able to guarantee or accept any
responsibility for any failure or delay caused by such third parties or
for any inaccurate, incomplete or unreliable information provided to you
by such parties via our Service.
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We shall use our reasonable endeavours to ensure that all pricing
information provided by us to you as part of the Service is accurate,
current and reliable in all material respects. However, save in respect
of the foregoing, we do not warrant accuracy and we exclude all
liability in respect of the accuracy, completeness, fitness for purposes
or legality of any information accessed as a result of your use of the
Services or the Site or otherwise communicated by us to you.
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Except as expressly provided in these Terms, the Services and the Site
are provided on an “as is” basis without representation or warranty of
any kind and to the fullest extent permissible pursuant to applicable
law we disclaim all other conditions, representations, statements and
warranties, either express or implied (whether by common law, custom,
statute or otherwise).
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You acknowledge and agree that we shall not be liable for:
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any indirect loss, claim or damage, or any punitive, special,
incidental or consequential damages of any kind;
- any loss of profit or savings;
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loss or corruption of data or information;
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loss of contracts, business or opportunity;
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damage to goodwill or reputation(s); in each case whether direct or
indirect and in each case whether based in contract, tort (including
without limitation negligence), strict liability, or otherwise,
arising out of or in connection with these Terms, the Services, the
Site and/or any use thereof, in each case even if Perse has been
forewarned or is aware of the possibility of such loss or damage.
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We do not exclude or limit our liability (if any) in any way:
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for death or personal injury caused by our negligence;
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for fraud or fraudulent misrepresentation; or
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for any matter from which it is unlawful to exclude, or attempt to
exclude, our liability.
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Force majeure
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We shall have no liability to you if we are prevented from or delayed in
performing any of our obligations in relation to the provision of any of
the Services, or from carrying on our business, by acts, events,
omissions or accidents beyond our reasonable control, including (without
limitation) strikes, lock-outs or other industrial disputes (whether
involving the workforce of Perse or any other party), failure of a
utility service or transport network, act of God, war, riot, civil
commotion, malicious damage, compliance with any law or governmental
order, rule, regulation or direction, accident, breakdown of plant or
machinery, fire, flood, storm or default of suppliers or subcontractors,
and we shall be entitled to a reasonable extension of the time for
performing such obligations in the event of any such occurrence.
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No waiver
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Any failure or delay by us to enforce any of our rights under these
Terms is not to be taken as or deemed to be a waiver of that or any
other right unless we acknowledge and agree to such a waiver in writing.
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Severability
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If any clause or part of a clause of these Terms is, or becomes,
invalid, illegal or unenforceable, then that clause or part of a clause
shall be deemed to be deleted from these Terms. Any such deemed deletion
shall not affect the validity, legality or enforceability of the
remainder of these Terms.
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Third Party Rights
- The Retail Energy Code Company (RECCo) shall have the right to
audit data protection compliance, that data is being used in accordance
with the Permitted Purposes and that data it not being transferred
outside of the UK (unless in compliance with the Retail Energy Code),
with respect to any data that Perse obtains and provides to a
Customer, (in accordance with the Contract (Rights of Third Parties)
Act 1999).
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Except as expressly provided, the provisions of these Terms are personal
to you and are not intended to confer any rights of enforcement on any
other third party. The Contracts (Rights of Third Parties) Act 1999
shall not apply to this Contract or to any of its provisions, other than
clause 15.1.
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Transfer of rights and obligations
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These Terms are binding on you and us and on each parties’ respective
successors and assigns.
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You may not transfer, assign, charge or otherwise dispose of these
Terms, or any of your rights or obligations arising under them, without
our prior written consent.
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We may at any time transfer, assign, charge, sub-contract or otherwise
dispose of these Terms, or any of its rights or obligations arising under
Them. Should we make any changes, your continued usage of the
Service(s) will be deemed acceptance to those changes.
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Complaints
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We aim to provide you with excellent service at all times and we are
committed to continuous improvement. Please contact us at
contact@perse.energy
if you need help or have recommendations.
- In relation to our business comparison and switching service, we are
also registered with the Energy Ombudsman. You can also raise a
complaint here: https://www.energyombudsman.org/raise-dispute/perse
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Entire Agreement
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The warranties, exclusions and other express provisions of these Terms
and our Privacy Policy set out the full extent of our obligations and
liabilities concerning the subject matter and supersede any previous
agreements between the parties relating thereto.
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Governing Law and Jurisdiction
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These Terms are governed by the laws of England and Wales and the
parties agree to submit to the non-exclusive jurisdiction of the English
Courts.