Terms and Conditions

1. About us and how to contact us

1.1 We are Postcode Energy Limited, a company registered in England and Wales with company number 16883347 and registered office at 4-4a, Blackburn Road, Accrington, BB5 1HD, United Kingdom ("Postcode Energy", "we" and "us"). We operate the website https://postcode.energy (the "Website").

1.2 Contacting us. To contact us, email us at hello@postcode.energy. The process for giving us formal notice of any matter under these Terms is set out in clause 15.6 below.

2. About these Terms

2.1 These terms and conditions (Terms) govern your access to and use of our digital services, which include the Website and our subscription offering ("Subscription Services") (together, the "Services"). By accessing or using any of our Services you agree to be bound by these Terms. If you do not agree, you must not use the Services. If you pay to access the Subscription Services, the additional terms in clause 7 below will apply.

2.2 These Terms apply to the Services to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3. Eligibility and account registration

3.1 You must be at least eighteen (18) years old and have the legal capacity to enter into a binding contract in order to use the Services and, where applicable, create an account and/or purchase the Subscription Services. If you create an account on our Website or pay for access to the Subscription Services ("Account"), you must provide information that is accurate, current and complete and keep such information up to date.

3.2 You are responsible for maintaining the confidentiality and security of your Account login details and for all activities carried out through your Account. You must notify us promptly at support@postcode.energy if you become aware of, or reasonably suspect, any unauthorised access to or use of your Account.

3.3 We reserve the right to refuse registration, suspend or terminate your Account at our discretion where we reasonably believe that you have breached these Terms, provided false or misleading information, or where such action is required for security, legal or regulatory reasons.

4. Your obligations

4.1 You agree to use the Services only for lawful purposes and in accordance with these Terms. In particular, you must not:

4.1.1. breach any applicable law or regulation, or infringe the rights of any person, including, without limitation, intellectual property, data protection, privacy or confidentiality rights;

4.1.2. upload, post, transmit or otherwise make available any content that is unlawful, defamatory, obscene, offensive, misleading or harmful;

4.1.3. access, use or attempt to access or use another user's account without authorisation;

4.1.4. you must not allow any third party to copy, scrape, crawl, mine, harvest, index, cache, reproduce, extract, aggregate, download, export or otherwise use any data, content, information, analytics, outputs or materials made available through the Services, whether by automated means or otherwise, except to the extent expressly permitted under these Terms or by applicable law;

4.1.5. interfere with, disrupt or attempt to compromise the integrity, performance or security of the Services or any related networks or systems, including by introducing viruses, malware or other harmful code;

4.1.6. circumvent, disable or interfere with any access controls, usage limits, subscription restrictions or security-related features of the Services;

4.1.7. reverse engineer, decompile or disassemble any part of the Services, except to the extent such restriction is prohibited by applicable law;

4.1.8. use the Services for any commercial purpose not expressly permitted by us, including republishing, reselling, sublicensing, white-labelling or making the Services or any outputs available to third parties; or

4.1.9. provide false, inaccurate or misleading information when creating an account, using the Services or otherwise interacting with us or the Services.

4.2 We reserve the right to monitor use of the Services and to suspend, restrict or terminate access, or remove or disable content, where we reasonably consider there has been a breach of these Terms or where required for security, legal or regulatory reasons. We may report unlawful activity to relevant authorities where we consider it appropriate to do so. We will not be liable for any costs incurred or losses suffered as a result of our exercise of our rights under this clause 4.2.

5. Consumer protections and your legal rights

5.1 Where you act as a consumer, you have rights under the Consumer Rights Act 2015 and other applicable consumer protection laws. These Terms do not limit or alter those rights. Under the Consumer Rights Act, services must be provided with reasonable care and skill, and digital content must be of satisfactory quality, fit for purpose, and as described. If we fail to meet these standards, we are responsible for any foreseeable loss or damage resulting from our breach or failure to exercise reasonable care and skill, subject to the limitations outlined below. You are a consumer if you are an individual acting for purposes wholly or mainly outside of your trade, business, craft or profession.

5.2 If you pay for access to the Subscription Services, you may have a legal right to cancel within fourteen (14) days of purchase without giving any reason, subject to the cooling-off provisions in clause 7.1.6 below.

6. Our Services

6.1 The Services include the provision of online content, tools and functionality (including data visualisations, ratings and reports) that enable users to access, review and analyse information relating to energy consumption, energy efficiency and the potential suitability of properties for renewable or alternative energy solutions. We may update, modify or remove any features or functionality of the Services from time to time.

6.2 All content, tools, insights and outputs made available through the Services are provided for general information purposes only and are not intended to constitute advice, recommendations or assurances of performance, savings or suitability on which you should rely. You should obtain appropriate independent, professional or specialist advice before taking, or refraining from taking, any action based on information available through the Services.

6.3 Where the Services include links to, referrals to, or integrations with third-party providers (including energy suppliers, installers or comparison services), we act solely as a platform provider. Any interaction, transaction or agreement with a third party is solely between you and the relevant third party. We make no representations and accept no responsibility in relation to any third party (including, without limitation, in respect of their conduct, information, services, availability or responses). Your dealings with third parties are governed by the applicable third party terms and/or other agreed terms between you and that third party.

6.4 Any ratings, assessments or indicative conclusions generated through the Services are based on underlying data and assumptions and may not reflect the actual energy performance, costs or suitability of a particular property or installation. Actual outcomes may vary due to factors outside our control, including property condition, usage patterns, regulatory changes and supplier terms.

6.5 We do not guarantee that the Services will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Services for business, operational, security or legal reasons. Where reasonably practicable, we will try to give reasonable notice of any planned maintenance or material changes.

7. Subscription Services

7.1 The following terms apply to subscriptions:

7.1.1. Subscription tiers and access. The Subscription tiers available, the features included with each tier, and your access rights are as described on our Website at the time you Subscribe. These may change from time to time.

7.1.2. Subscription term and renewal. Subscriptions are offered on a monthly or annual basis. Your subscription starts on the date of purchase and continues for the applicable subscription period. Subscriptions renew automatically at the end of each subscription period for the same duration, unless you cancel before the renewal date in accordance with these Terms. Where required by law, we will notify you in advance of any changes to pricing or key subscription terms before renewal. You can manage or cancel your subscription through your account settings.

7.1.3. Pricing. The price for each subscription tier is as stated on our Website at the time of purchase, plus VAT where applicable. Monthly subscriptions are charged on a recurring monthly basis, and annual subscriptions are charged in full at the start of each annual subscription period. We may change subscription prices for new subscriptions or on renewal from time to time. Where required by law, we will notify you in advance of any price changes affecting your subscription and give you the option to cancel before the revised price is charged.

7.1.4. Payment. Subscription fees are payable in advance through Stripe. Payments made through Stripe are subject to Stripe's terms and conditions and other policies available at stripe.com/legal and stripe.com/privacy. We assume no liability or responsibility for any payments made via Stripe. By providing your payment details, you authorise us and our payment processors to charge the applicable subscription fees and any relevant taxes in accordance with your chosen subscription term (monthly or annual).

7.1.5. Late payments. If a payment is unsuccessful or delayed by over fifteen (15) days past its due date for payment, we may, without limiting our rights and remedies, suspend access to the Subscription Service until payment is received. The Subscription Service will resume on receipt of overdue payment.

7.1.6. Cooling-off rights. If you are a consumer in the UK or EEA and purchase a subscription online, you have the right to cancel within fourteen (14) days from the date of purchase and receive a refund. To exercise your right to cancel during the cooling-off period, please click the "Cancel Subscription" button in your profile page. If you fail to cancel during the cooling-off period, the termination provision in these Terms will apply.

7.1.7. Cancellation. You may cancel your subscription at any time via the profile page by pressing the button "Cancel Subscription". Cancellation will take effect at the end of your current billing period. Unless you have a statutory right to a refund or we expressly state otherwise in these Terms, subscription fees already paid are non-refundable, and, subject to clause 4.2, you will continue to have access to the Services until the end of the paid period.

7.1.8. Refunds. We will provide refunds where required by law, including where you cancel within the applicable cooling-off period or as otherwise expressly set out in these Terms.

7.1.9. Deletion. To delete your account, you must first cancel any active subscriptions. Once cancelled, you may request account deletion using the self-service option in account settings. You must ensure that you have extracted all of the data that you wish to retain prior to deleting your account. Following your deletion request, we will send a confirmation email explaining that your account will be permanently deleted after 30 days. If you log back into your account within this 30-day period, the deletion request will be cancelled, and you will have to repeat the process in order to delete your account. If you do not log back in within 30 days, your account and data will be permanently deleted. We, and our sub-processor, will only retain personal data if we have a legal need to retain it. Please visit our Privacy Policy for more information.

8. Data protection

8.1 When you make an enquiry, create an account, subscribe to receive marketing from us or otherwise use the Services, we will process your personal data as necessary to provide and operate the Services, manage your account, process payments, communicate with you, prevent fraud and comply with our legal and regulatory obligations.

8.2 Further information about how we collect, use and share personal data including our use of cookies or similar technology and analytics, marketing preferences, international data transfers, and your data protection rights, is set out in our Privacy Policy and Cookies Policy, which are incorporated into these terms by reference.

9. Intellectual Property

9.1 All copyright and other intellectual property rights in and to the Website and Subscription Services (including, without limitation, database rights, trademarks, service marks, trading names, text, graphics, code, software, files, links and other content) are owned by us or our licensors. Our logos, trademarks and service marks may not be copied, reproduced or used without our prior written consent. All rights are reserved.

9.2 Third Party Content. Some of the content provided with the Services are licensed by third parties. Further details regarding the third party content and the licences applicable to them are available on our Third Party Licences page.

9.3 Feedback. You may from time to time provide us with suggestions or comments for enhancements or improvements, new features or functionality or other feedback ("Feedback") with respect to the Services. We will have full discretion to determine whether to proceed with the development of any requested enhancements, new features or functionality. We will have the full, unencumbered right, without any obligation to compensate or reimburse Customer, to use, incorporate and otherwise fully exploit any such Feedback in connection with its products and services.

9.4 Consumers. If you are a consumer, subject to clause 5, you may download or access content (including reports) made available through the Website or Subscription Services, solely for your personal use of the Services, where we provide the functionality allowing you to do so. You must not otherwise copy, reproduce, distribute, transmit, modify, adapt, republish, store (in whole or in part), frame, pass off, commercially exploit, resell or link to any content or reports from the Website or Subscription Services, without our prior written consent.

9.5 Business users. If you are using the Services in the course of business, and subject to clause 6, you may use reports generated through the Services for your internal business purposes only. You must not copy, reproduce, distribute, transmit, modify, adapt, republish, store (in whole or in part), frame, pass off, commercially exploit, resell or link to any content from the Website or Subscription Services, without our prior written consent.

10. Suspension and termination

10.1 We may suspend or terminate your Account, Subscription Services or access to the Services with immediate effect if you breach these Terms, if we reasonably suspect fraudulent or unlawful activity, if payment of any fees is overdue by over fifteen (15) days from the due date of payment, or where required to do so by law or regulation. We may also suspend or terminate all or part of the Services including premium services for business or operational reasons, giving reasonable notice where practicable.

10.2 You may close your Account or terminate the Subscription Services at any time through your account settings before the start of your next billing period, in accordance with these Terms. Termination for convenience will not entitle you to a refund of fees already paid. If you terminate the Subscription Services and/or close your Account following the start of the next billing period, you will be charged accordingly. If you terminate for convenience, it is your responsibility to ensure that you have extracted all the data that you require from the Services.

10.3 You may close your Account and terminate the Services upon written notice to us in the event we commit a material breach of these Terms and fail to remedy such breach within thirty (30) days after receipt of notice of such breach. In such event, you will be entitled to a pro-rated refund of the fees.

10.4 Upon termination, your right to use the Services will end, and we may delete or disable access to your content, subject to any legal obligations to retain personal data. If your access to the Services is terminated pursuant to either clause 10.1 or clause 10.3, we shall retain your data for a maximum of thirty (30) days, and upon your written request, we shall provide you with a copy of such data in a CSV or other standard format.

10.5 Upon termination of the Services, all rights and obligations will immediately terminate except that any terms or conditions that by their nature should survive such termination will survive, including without limitation terms and conditions relating to confidential information and proprietary rights, disclaimers, indemnification, limitations of liability, termination and the general provisions below.

11. Confidentiality

11.1 Each party must keep confidential any non-public information disclosed by the other party that is marked as confidential or that a reasonable person would understand to be confidential, including, without limitation, business, technical and financial information. The receiving party may use such information only to perform its obligations or exercise its rights under these Terms and must protect it using reasonable care.

11.2 This obligation does not apply to information that: (a) is or becomes public through no fault of the receiving party; (b) is independently developed by the receiving party; or (c) must be disclosed by law or a competent authority, provided that the receiving party gives prompt notice to the other party where lawful to do so.

12. Limitation of liability

12.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.

12.2 To the extent permitted by law, the Services (including any scores, reports, insights or recommendations generated through them) and all information provided in them are provided "as is" and "as available", without any warranties, representations or guarantees of any kind, whether express or implied.

12.3 Subject to clause 12.1, we will not be responsible for losses arising from your use of any third-party products or services, or from any links to third-party websites, applications or platforms made available through the Services. Any such use is subject to the relevant third party's terms and conditions.

12.4 Subject to clause 12.1, if you are a consumer, we supply the Services for domestic and private use only. We do not exclude or limit our liability to you for losses that are reasonably foreseeable and arise as a result of our breach of these Terms or our failure to use reasonable care and skill. However, we will not be liable for any loss arising from your use of the Services for commercial, business or professional purposes.

12.5 Subject to clause 12.1, and to the extent permitted by law, if you are a business, we will not be liable for any:

a) loss of profits, sales, business or revenue;

b) loss of business opportunity, goodwill or reputation;

c) business interruption;

d) loss of anticipated savings;

e) loss or corruption of data; and/or

f) indirect or consequential loss.

12.6 Subject to clause 12.1, our total aggregate liability to you arising out of or in connection with the Services and these Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

13. Indemnity

13.1 If you use the Services in the course of business, you agree to indemnify us against any losses, liabilities, damages and reasonable costs (including reasonable legal fees) arising out of or in connection with:

a) your breach of these Terms;

b) your misuse of the Services; and/or

c) any content or information you submit or otherwise provide through or in connection with the Services that infringes the rights of a third party or breaches applicable law.

14. Complaints and dispute resolution

14.1 If you have a complaint, please contact us at hello@postcode.energy with details of your concern. We will acknowledge receipt of your complaint and aim to resolve it promptly and fairly.

14.2 Nothing in this clause affects your statutory rights or your right to bring proceedings before the courts of England and Wales.

15. General

15.1 Governing law and jurisdiction. These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except that if you are a consumer resident in Scotland or Northern Ireland, you may bring proceedings in the courts of your place of residence.

15.2 Severance. If any provision is held to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and if not possible, it shall be deemed deleted without affecting the validity of the remaining provisions.

15.3 Assignment. You may not assign, transfer or otherwise deal with any of your rights or obligations under these Terms without our prior written consent.

15.4 Waiver. A failure or delay by either party to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or provision, nor prevent its future exercise or enforcement.

15.5 Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy and any subscription-specific terms referenced at the time of purchase, constitute the entire agreement between you and us in relation to the Services and supersede all prior or contemporaneous agreements, representations or understandings.

15.6 Notices. Any formal notice to us must be sent to our address in clause 1 above or by email to hello@postcode.energy.

15.7 Third-party rights. No person other than you and us shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

15.8 No partnership or agency. Nothing in these Terms creates a partnership, joint venture or agency relationship between you and us, and you do not have authority to bind us in any way.

15.9 Survival. Any provision of these Terms which by its nature is intended to survive termination shall continue in effect.