Terms and Conditions

1. Introduction

1.1 Labrador Ltd is a company registered in England and Wales (company number 08489878) and all legal terms are subject to English law.

1.2 Labrador Ltd = we, us, our, Labrador, The Labrador, The Lab, Lab, thelabradorcouk, labradorcouk.

1.3 Retriever = Consumer Access Device, CAD, “Type 2 device, gateway, hub.

1.4 Smart Meter = a meter which meets the government’s Smart Metering Technical Specifications (SMETS).

1.5 Site = www.thelabrador.co.uk

1.6 These are our terms and conditions of our product and service. Please read them carefully before using our site, service(s) or product(s), even if using them initially as a trial. This is a contract between you and Labrador. You should print or save a copy of these terms and conditions for future reference. If you do not agree to these Terms and Conditions, you must stop using the Labrador Service immediately and return our hardware device, the Labrador Retriever, to us at 8 Greencoat Place London SW1P 1PL.

2. Summary

2.1 There are a number of requirements to enjoy our product and service, some of which are detailed below, but the key terms include:

2.1.1 you are resident in Great Britain (we will update these terms once we are able to support customers in other territories);

2.1.2 you are over 18 years of age and are the person responsible for your home gas and electricity bills;

2.1.3 you have gained the consent from all other residents in your household to connect our product and use our service (this is because we access ehergy usage data and this relates to them as well as you);

2.1.4 you have home broadband and are willing to permit our product to be connected to it in order to share your energy usage data with us (just to let you know, it will use the equivalent of about 1 hour of web browsing a month, being 20MB and costs around £2.50 in electricity per year);

2.1.5 you either have an electricity smart meter, both electricity and gas smart meters or are agreeing to switch to an energy tariff that we or one of our partners promoted, which can give you a fast-tracked smart meter installation (together with installation of the Labrador Retriever);

2.1.6 you agree to appoint us as your agent to carry out the necessary tasks we may need to do on your behalf, in order to facilitate our service. This may include speaking with your energy supplier and accessing industry data flows. Examples of what we may do is to check your MPAN (meter serial number), check that your smart meter meets the government technical specifications, to connect the Labrador Retriever to your smart meters, and to check on progress of a switch/ Change of Supply);

2.1.7 you are opting in to share your energy usage information with us, being data collected more frequently than half hour intervals (this enables us to show your usage in pounds and pence, as you use it, in your Labrador account. We will not share any personally identifiable data to a third party without your consent. Our privacy policy does include your permission for us to share a monthly aggregate of your usage with our price comparison partner for the purposes of regularly checking that you remain on the cheapest energy tariff[s] available to you – available to you means tariffs that our price comparison partner is able to switch you to and may not include whole of market, plus takes into account any exit fees that may exist on your current tariffs);

2.1.8 you agree to be contacted by Labrador and our price comparison partner both in relation to this service but also in relation to other products we think may interest you, including us alerting you when we think there is another energy tariff or tariffs that may suit you better; and

2.1.9 if you do sign up to a third party product or service, you must note their terms and conditions and be satisfied that it is a product or service you want, even if we recommend it. We will do our best to make sure our recommendations are appropriate and bespoke to you. But ultimately, the choice is always yours.

3. The Product

3.1 Our service relies on you having a Labrador Retriever connected. This is a piece of hardware that can securely access data from your smart meter(s) and send it to our database. Our Retriever uses your home broadband in order to send data to our database. We are responsible for the Retriever but not your broadband service, nor your meter(s). If you have any queries or issues in relation to those, you’re best to contact your broadband provider and/ or energy supplier, as appropriate. You remain entirely responsible for the cost of your broadband, gas and electricity.

3.2 Unless you have purchased your Retriever, it will remain the property of Labrador and/ or the relevant Meter Asset Provider, where applicable.

4. The Service

4.1 Our service includes a number of items, which may be used separately or as a combination, and may include the following:

4.1.1 Smart energy data access;

4.1.2 Smart energy data storage;

4.1.3 Information about your energy usage;

4.1.4 Information about relevant products and/ or services relating to your home and your energy usage;

4.1.5 Information about the UK energy market; and

4.1.6 An energy tariff comparison and switching service.

4.2 We intend to introduce additional items to our service in the near future, which will be updated in these terms.

4.3 Access to our service is permitted on a registered user basis, and we reserve the right to withdraw or suspend access to the Labrador Service.

4.4 Although we aim to offer you the best service possible, we make no promise that our online services will meet your requirements and we cannot guarantee that the service will be fault free.

4.4.1 Accuracy: it’s your sole responsibility to ensure that the information you provide when using our service is accurate and complete. If it isn’t, a product that you obtain via our service may not be valid and you may be subject to additional premiums and charges. We will always explain any assumptions that we make in order that you can check those assumptions are correct. If they’re not, then you must contact us to enable us to correct them;

4.4.2 Choice: even though we’re working hard to ensure we only recommend products and/ or services that we think are suited to your requirements, ultimately it is your sole responsibility to ensure they match your requirements. The choice is always yours. If you are in any doubt as to the suitability of any product or service, we suggest that you seek independent professional advice before you obtain it. There may also be other products and services available on the market which are not shown on our site or communicated to you by us or our partners – we do not undertake to check and consider every product and service that exist, which means there could be others which may be more appropriate or suitable for you;

4.4.3 Information: the information and descriptions of products and services that we provide may not represent the complete descriptions of all the features and terms and conditions. You must ensure that you carefully read all the features and terms and conditions (including those contained on the provider’s Site) of any product or service before applying for it;

4.4.4 Third parties: if you do go ahead with a third party product or service, you will also be subject to their terms and conditions and privacy policy (which will be different from ours) and you should read those carefully. Any links to third party sites on our site or in our emails are provided for your interest and convenience only. These websites are owned and operated by third parties over whom we do not have control. We do not endorse, recommend or accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise);

4.4.5 Faults: if a fault occurs in our service, please report it to us and we will endeavour to correct the fault as soon as we reasonably can. We reserve the right to withdraw, suspend or interrupt the online element of the service for repairs, maintenance or the introduction of new facilities or services (or any part thereof). If we do so, we will restore it as quickly as we can;

4.4.6 Unforseen events: sometimes we may not be able to provide you with the service agreed because of incidents beyond our reasonable control, which may include without limit: lightning, flood, severe weather, fire, explosion, terrorist activities, or failure of public or private telecommunications networks and anything by Government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we do not accept responsibility for not providing you with the Labrador service.

4.5 If you move home within the UK, you must let us know and we can help you take the Retriever with you. Please do not leave it connected in your old property given it has the capability to access personal data for which we need permission from the active residents. We rely on you to inform us of a change in address and to disconnect the device in order for us to maintain our compliance with data privacy. We will not be liable in the event you do not follow these instructions and we have no knowledge of any change.

4.6 If you wish to connect multiple properties, please contact us.

4.7 You may cancel your agreement for the services anytime. However, any refund will be subject to your terms of purchase, if applicable. If you have been provided the Retriever free of charge, you must return it to us so we can offer it to someone else. If we have provided it to you for free and you fail to return it, you may be subject to a penalty (to cover the cost).

5. Conditions of Service

5.1 As a condition of our service, other than registering interest, we will require you to install the Retriever to your home broadband and which will also be paired with your smart energy meter(s). You will follow all reasonable instructions.

5.2 You agree to always use the Retriever for the purpose intended.

5.3 You will keep your Retriever connected at all times. If we become aware that it has been disconnected, we will prompt and require you to reconnect it. If you do not do so, we will not be able to provide you with the service and this may prompt the introduction of a subscription fee. It may also effect your eligibility to remain on your energy tariff(s).

5.4 If we ask you to return the Retriever to us, you will do so. Failure to do so will result in a penalty fee (to cover the cost of the Retriever and our administrative processes, in the region of £50).

5.5 You agree that we are appointed to act as your agent to make relevant enquiries on your behalf. They may include, but not be restricted to, ascertaining what technical specification your energy meters are, to determine what your MPAN (meter point administration number) and MPRN (meter point reference number) are, to determine who your current energy supplier is and what tariff you’re on (including payment method), to determine what the status of any energy switch/ change of supply may be, to determine the status of any meter installation, to understand which firmware versions your smart meter(s), communications hub, In Home Display (IHD) and Consumer Access Device (CAD) may have, to understand who is the appointed MOP(s) (meter operators) at your meter points and to understand who may be the relevant MAP(s) (meter asset providers) for your meter(s). We may make these enquiries with relevant industry parties, which may include accessing industry data flows on your behalf.

5.6 If you are needing a smart meter installation, you agree to make appropriate arrangements with the meter installer to be home or have an adult home to enable the installation to take place within a reasonable timeframe. If you are in rental accommodation, you will obtain permission from the landlord, if relevant. Smart meter installations are free of charge although charges may be incurred if you’re not at home when you said you would be, or if works need to be carried out to enable the installation to take place. Those charges will be communicated to you by the meter installer and you or your landlord will be responsible for them. Labrador may facilitate smart meter installations but is ultimately not responsible nor a direct party to those arrangements. Those arrangements are ultimately between you and your energy supplier.

5.7 Our ability to offer you our service may be compromised if you switch energy tariffs outside of our service, given we rely on knowing which tariff you’re on in order to provide you with the information about your usage and cost, plus our tariff comparison and switching service. In this event, we reserve the right to cancel your service and ask you to return the Retriever to us. We may alternatively introduce a subscription service given the cost of maintaining our service will likely increase.

5.8 You will keep your Retriever codes, Labrador password and any other piece of information as part of our security procedures as confidential.

5.9 You may only use our site and Retriever only for lawful purposes.  You may not use either or both or them:

5.9.1 In any way that breaches any applicable local, national or international law or regulation;

5.9.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

5.9.3 To send, knowingly receive, upload, download, copy, use or re-use any material which may be viewed as not being in the spirit of this service and our values;

5.9.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

5.9.5 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

5.9.6 For commercial purposes; and/ or

5.9.7 For anything other than private use, so that you may not copy, change or publish the material or supply it to any other person or use it for any business purpose.

5.10 You must additionally not:

5.10.1 Attempt to gain unauthorised access to our Retriever, our site, the server on which our site is stored or any server, computer or database connected to our site;

5.10.2 Attack our site and/ or Retriever via a denial-of-service attack or a distributed denial-of service attack; and/ or

5.10.3 Otherwise knowingly damage, interfere or disrupt our service and/ or any part of it be it owned by us or a third party.

5.11 If you breach these terms and that breach may give rise to a criminal or civil offence, we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

5.12 You are responsible for ensuring that all persons who access the site through your internet connection and/ or who are residents in your household are aware of these Terms and Conditions, and that they comply with them.

6. Changes

6.1 We aim to update our site regularly, and may change the content and any time.  If the need arises, we may suspend access to our site, or close it indefinitely.  Any of the materials on our site may be out of date at any given time, and we are under no obligation to update such material.

6.2 We reserve the right, from time to time, to change these Terms and Conditions at our sole discretion. The Terms and Conditions that are applicable to your use of the Labrador Service will be the version that is displayed on our website www.thelabrador.co.uk at each date you access the website. Your use of the Labrador Service after changes to the Terms and Conditions have been made means that you agree to be bound by such changes.

7. Our liability

7.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy though we will use reasonable endeavours to make it as accurate as possible. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

7.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

7.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and

7.1.3 For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7.2 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7.3 No content from us constitutes financial, investment or other advice.

7.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer product, computer programs, data or other proprietary material due to your use of our Retriever and/ or site or to your downloading of any material posted on it, or on any website linked to it.

7.5 If your Labrador Retriever stops working, we may replace it free of charge. However, we are under no obligation to do so. If we send you a new Labrador device, you are obliged to plug it in, in accordance with paragraph 5.

8. Intellectual property

8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

8.2 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

8.3 You may link to any page on our website www.thelabrador.co.uk, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

8.4 You must not establish a link from any website that is not owned by you, save and except if you are republishing permitted content to a social network site;

8.5 Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

8.6 If you wish to make any use of material on our site other than that set out above, please address your request to contact@thelabrador.co.uk.

9. Privacy Policy

9.1 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

10. Complaints

10.1 We aim to provide you with an excellent service at all times. If you are unhappy with our service for any reason, please contact us.

10.2 We will aim to send you a formal acknowledgement of your complaint within 48 hours and to resolve it as soon as possible. After we have had an opportunity to investigate your concerns, we will issue you with a final response. If you aren’t satisfied with our response, we have voluntarily signed up to the Ombudsman Services’ Consumer Ombudsman scheme and depending on the nature of your complaint, you may have the right to refer your case to them at:

10.2.1 the Ombudsman Service at Consumer Ombudsman, PO Box 1263, Warrington, WA4 9DF; Telephone 0333 300 1620; email: complaints@consumer-ombudsman.org; website: http://www.consumer-ombudsman.org/ (if your complaint relates to our energy services). We will advise you if such a right of referral applies to you. If you want to raise a formal dispute about any of our online services, you can also use the European Commission’s Online Dispute Resolution Portal at: https://webgate.ec.europa.eu/odr.

10.3 If you are unhappy with any product or service you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party. If you require their contact details, please contact us and we will be happy to assist.

11. Legal

11.1 If any provision of these terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these terms and the validity and enforceability of the remaining provisions of these terms shall not be affected.

11.2 These terms, together with our Privacy Policy, constitute the entire agreement between you and us relating to your access to and use of our Retriever and Site and supersede any prior agreements (including any previous terms of use).

11.3 No failure or delay by us in exercising any right under these terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.

11.4 These terms and your access to and use of the Retriever and site shall be governed by and interpreted in accordance with English law.

11.5 Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these terms and your access to and use of the Retriever and site (including any claims or disputes).

12. Contact

12.1 Please contact us at Labrador Ltd 8 Greencoat Place London SW1P 1PL or contact@thelabrador.co.uk if you have any queries.

 

Last updated 18.04.17