Terms and Conditions relating to the Smartflex Platform

1. In these terms and conditions relating to the Smartflex Platform (these “Smartflex Terms”), unless the context requires otherwise terms shall have the meanings assigned to them in the SmartestEnergy Limited Website and Portal terms [https://smartestenergy.com/terms], in addition the following terms shall have the meanings assigned to them:

“Data” means all data entered and processed by you within the Smartflex Platform;

“Jules” means Jules Energy Limited, a company incorporated in England and Wales with registered number 07484077;

“Smartflex Platform” means the portal of such name provided by us to you via the site;

“User” means individuals permitted by you to use the Smartest Platform on your behalf.

2. We may amend these Smartflex Terms at any time by amending this page.

3. You shall ensure that each User has relevant permissions/authorisation to access and use the Smartflex Platform.

4. You shall, and shall ensure that each User uses the Smartflex Platform only for intended purpose in accordance with the terms and conditions of any agreement(s) entered into between us.

5. You will not provide access to the Smartflex Platform to any third parties or unauthorised users within your organisation without our prior written consent.

6. You will notify us should any User permissions need amending or revoking.

7. We shall have the right to at any time disable access, discontinue the use of or replace/change the Smartflex Platform.

8. We shall have the right at any time to change the functionality and/or layout of the Smartflex Platform in any way.

9. All (industrial and intellectual) property rights to the Smartflex Platform are vested in Jules and/or its third party licensors. These Smartflex Terms are not intended for the transfer of (industrial and intellectual) property rights to you.

10. Neither you nor any Users are permitted to change the Smartflex Platform.

11. Upon our reasonable request you will provide feedback on your experiences with, and requirements regarding the Smartflex Platform.

12. You must report to us any and all errors, defects or issues regarding the Smartflex Platform that you are aware of.

13. You shall not and shall ensure that none of the Users give Smartflex Platform log-in information (including accounts and passwords) required to obtain access to the Smartflex Platform to any third party.

14. If you find or suspect unauthorised access to the Smartflex Platform, you will inform us immediately.

15. You shall be liable for any unlawful acts committed by you within the Smartflex Platform.

16. If you enter and process your own personal details or those of your employees or third parties using the Smartflex Platform, then you shall do so in conformance with applicable privacy regulations, including the Data Protection Act 2018 and relevant EU directives.

17. You are responsible for your Data entered onto the Smartflex Platform and consequently may be liable for third-party claims arising directly from the entry of the Data, including claims based on privacy legislation.

18. We may i) deny you or any User access to the Smartflex Platform ii) remove Data; or iii) pass Data on to a third party, including personal details if we are required to do so by virtue of a court decision or legislation, but we shall endeavour to reinstate sufficient access or data as soon as possible.

19. Jules may use all Data for analysis to improve the Smartflex Platform.