Conditions
ESI Controls Ltd, Mobile App and Firmware Terms and Conditions
- Introduction
1.1. By downloading or using the ESi Controls Ltd (ESi Controls) CENTRO App, these terms will automatically apply to you including the acceptance of any firmware updates – you should make sure therefore that you read them carefully before using the App. We are offering you this App to use for your own personal use without cost, but you should be aware that you cannot send it onto anyone else, and you are not allowed to copy, or modify the App, any part of the App, or our trademarks in any way.
1.2. These terms and conditions, together with the documents referred to in it, (‘Terms of Use’) set out the terms on which you may make use of the App (as defined below), your rights and obligations, and those of Esi Controls in relation to the App and its Content (as defined below). Use of the App includes use as a guest or as a registered user and includes downloading, streaming, accessing, browsing, or registering to use the App.
- Other Applicable Terms
These Terms of Use refer to the following additional terms, which also apply to your use of our site:
2.1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to Us. By using our App, you consent to such processing, and you warrant that all data provided by you is accurate. At the bottom of these terms and conditions you will be able to find links to our website where we set out our Privacy Policy, Acceptable Use of the app, and the general Terms and Conditions for customers, which will be relevant if you use the app to control your heating via the ESi thermostats in the future.
- Interpretation
The following definitions and rules of interpretation apply in these Terms of Use:
3.1. Content includes, but is not limited to, all text, graphics and images that appear on the App, the design, look and feel of the app itself and any other material published on the App.
3.2. Intellectual Property Rights means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Changes to these Terms of Use
4.1. We may change these Terms of Use at any time.
4.2. It is your responsibility to check these Terms of Use in case there are any changes. If you access and use the App after we have made a change to these Terms you shall be treated as having accepted the change.
- Contact Between Us
5.1. You are responsible for ensuring that your instructions (including all the details we may require to carry out your instructions) and any information you give to Us are accurate and complete. We shall not be liable for any loss or damage you suffer if they are in any way inaccurate or incomplete and Our records will be conclusive evidence of the instructions and information you have given to Us.
- Intellectual Property
6.1. Our App and the Intellectual Property Rights in the Content on the App are owned by or licensed to Us.
6.2. You may view, print, download, or temporarily store extracts from the App for your own personal reference or for the purpose of contacting Us to access or use the products and services featured on the App. No other use of the Content and materials featured on the App is permitted without Our written permission.
6.3. You are not allowed to attempt to extract the source code of the app, translate the app into other languages, or make derivative versions. The App itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to ESi Controls.
- Access to the App and ESi Controls Internet based Services and Products
7.1. ESi Controls is committed to ensuring that the App and Thermostat firmware are as useful and efficient as possible. For that reason, we reserve the right to make changes to the App, Firmware, or to charge for its services at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you are paying for.
7.2. From time to time, ESi reserves the right to distribute and update firmware to ensure the safe, secure, and continuous operation of the ESi Thermostats.
7.3. Furthermore, at some point, we may wish to update the App. The App is currently available on Android and iOS. The requirements for both systems (and for any additional systems we decide to extend the availability of the App to) may change, and you will need to download the updates if you want to keep using the App. ESi Controls does not promise that it will always update the App so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the App and may terminate its use at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination:
(a) the rights and licenses granted to you in these terms will end;
(b) you must stop using the App and, if needed, delete it from your device.
7.4. We may also change the minimum specification required to access the App at any time. We give no guarantee that you will have access to the App on your mobile device or continue to have access to the App. We shall not be liable to you if any such change in specification results in your Equipment becoming incompatible with the App or becoming unable to perform within the App all of the functions previously performed.
7.5. You should be aware that there are certain things that ESi Controls will not take responsibility for. Certain functions of the App, such as the control of the thermostat, require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but ESi Controls cannot take responsibility for the App not working at full functionality if you do not have access to Wi-Fi and you do not have any of your data allowance left.
7.6. If you are using the App outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App or other third-party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the App, please be aware that we assume that you have received permission from the bill payer for using the App. You will be responsible for the cost of all charges you incur in accessing and using the App. We shall have no liability to you in respect of any such charges, costs, or expenses that you may incur.
- Liability
8.1. Nothing in these Terms of Use excludes or limits either party’s liability for death or personal injury arising from that party’s negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law.
8.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our App or any Content on it, whether express or implied.
8.3. Subject to clause 8.1
8.3.1. Use or inability to use the App; or
8.3.2. Use of, or reliance on any Content displayed on the App.
8.4. If you are a business user
8.4.1. Loss of profits, sales, business or revenue;
8.4.2. Business interruption;
8.4.3. Loss of anticipated savings;
8.4.4. Loss of business opportunity, goodwill, or reputation; or
8.4.5. Any indirect or consequential loss or damage.
8.5. If you are a consumer user
8.5.1. We only provide our App for domestic and private use. You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.6. We will not be liable for any loss or damage.
8.6.1. Caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any content on it, or on any website linked to it.
8.7. We assume no responsibility for the content of websites linked on our site.
8.7.1. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- Generally
9.1. Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
9.2. If we do not enforce any of the rights we have under this Agreement, or if we delay in enforcing them, that does not prevent us from taking any action to enforce our rights in the future.
- Applicable Law
10.1. If you are a consumer, please note that these Terms of Use, its subject matter, and its formation are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
10.2. If you are a business, these Terms of Use, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
- Acceptable Use and Content Standards
11.1. You may use the App only for lawful purposes. You may not use the App:
11.1.1. In any way that breaches any applicable local, national, or international law or regulation.
11.1.2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
11.1.3. For the purpose of harming or attempting to harm minors in any way.
11.1.4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 11.3 and 11.4 below.
11.1.5. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
11.1.6. 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.
- Queries or Complaints
If you have any queries or complaints about the App or these Terms of Use, please contact us via the feedback button in the App, by email at sales@esicontrols.co.uk, by phone on 01280816868, or by writing to us at:
ESi Controls Ltd, Unit 21
Top Angel, Angelvale
Buckingham Industrial Park
Buckingham MK18 1TH
If you contact us, we will make every effort to respond to you directly. However, due to email volumes, we may not always be able to respond directly to every user. We will take onboard email feedback and ensure it feeds into future developments of the App.
