Terms and Conditions

General
1. 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.
2. The Service is run by Perse Technology Ltd, a company registered in England and Wales with registered number 12447140 and registered office 318 Soho Square, London W1D 3QL (“Perse”, “Labrador”, “We”, “Us”).
3. 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.
4. 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.
5. 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.
Using the Services
1. 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.
2. In order to be eligible to register to use the Services, you must:
  1. be a person or business that is resident in the UK;
  2. be aged eighteen years or over; and
  3. 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.
Provision of Services
1. This Service intends 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 reduce cost and carbon. Steps also you could take to unlock potential revenue streams. 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 insights and recommendations. 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.
2. 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 Service, this is done at your sole risk and responsibility.
Flexibility Service Schemes
1. 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:
  1. 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;
  2. 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;
  3. 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;
  4. not be registered with another Flex provider that you have signed up to after joining our Service; and
  5. successfully change your energy consumption as required by the Flex Provider in the Event, as we, or our partner, will communicate with you.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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
7. 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
Charges
1. Save and except our Flex Service, this Service may be provided free of charge to you. We may receive payment from another service provider that we are working with, such as your bank. We may also receive payment from provider(s) if you choose to take up a recommendation that involves one of their goods and/ or services. We may charge you a cost to obtain data at your request and on your behalf, that is charged by your chosen Intermediary on our behalf. In the event we receive a payment for the recommendation of a product or service, we will never recommend the provider over another unless it is genuinely appropriate to your needs.
2. 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
Intellectual property rights
1. 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.
Data protection
1. 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.
2. 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, 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.
3. You will only request data for a property or asset that you are either the landowner, leaseholder, occupant, and/ or bill payer; else the prospective purchaser or renter of the property with a genuine intent to buy or rent. The data that Perse may obtain and provide may differ according to your connection to the property and/ or asset.
4. The purpose of use of the data will always be aligned to one of the following:
  1. Comparison and switching of energy tariffs and energy Contracts;
  2. Cost savings;
  3. Energy efficiency;
  4. Carbon reporting and net zero planning;
  5. Carbon savings;
  6. The provision of metering and energy analysis/ advice
  7. Energy flexibility;
  8. Assessing capacity for new grid installations (such as EV charge point or solar panels); and
  9. Bill validation.
Termination
1. 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.
2. 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.
Limitation on Liability
1. 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.
2. 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.
3. 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).
4. You acknowledge and agree that we shall not be liable for:
  - any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind;
  - any loss of profit or savings;
  - loss or corruption of data or information;
  - loss of contracts, business or opportunity;
  - 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.
5. We do not exclude or limit our liability (if any) in any way:
  - for death or personal injury caused by our negligence;
  - for fraud or fraudulent misrepresentation; or
  - for any matter from which it is unlawful to exclude, or attempt to exclude, our liability.
Force majeure
1. 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.
No waiver
1. 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.
Severability
1. 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.
Third Party Rights
1. 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 7.2.
Transfer of rights and obligations
1. These Terms are binding on you and us and on each parties’ respective successors and assigns.
2. 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.
3. 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.
Complaints
1. 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.
Entire Agreement
1. 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.
Governing Law and Jurisdiction
1. 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.