1. Background
1.1 These are the terms and conditions which govern the use of the Power NI Keypad+ mobile application (the “Keypad+ App").
1.2 Using the Keypad+ App with a NIE Networks Bluetooth Freedom Unit(Unit), which must be installed first, will allow you to view your meter balance; your usage information (both real time and historical); top up your keypad meter; and set balance thresholds to alert you if your meter balance is low.
1.3 These terms and conditions are in addition to Power NI's standard terms and conditions which govern your existing agreement with us. If there is any conflict between these terms and conditions and Power NI's standard terms and conditions, then Power NI's standard terms and conditions shall prevail except in relation to limitation of liability which is set out in detail below.
2. Information about us and contact details
The following definitions apply to this Agreement
2.1.1. “Agreement” means the terms and conditions set out in this document.
2.1.2. “We”, “us”or “our”means PowerNI Energy Limited t/a Power NI.
2.1.3. “You” or “Your” means the Power NI account holder.
2.2. You can contact us by telephoning our customer service team on 03457 455 455 Monday to Friday between the hours of 9am to 5pm.
3. Eligibility
3.1. In order to use the Keypad+ App, you must:
3.1.1. have a NIE Networks Bluetooth Freedom Unit installed;
3.1.2. be a customer of Power NI;
3.1.3. adhere to this Agreement;
3.1.4. download the App; and
3.1.5. have an Android or iOS smartphone with an up to date operating system. One will not be provided for you.
3.2. You can only use the Keypad+ App to connect to a keypad meter at a premise for which you are the registered account holder OR have the registered account holder’s permission. If you move premises, you must remove the access to your keypad meter at your previous address from your Keypad+ App.
3.3. The Keypad+ App is only for use by Power NI customers, if you leave Power NI or no longer require the functionality provided by the Keypad+ App you must delete the Keypad+ App.
4. Equipment
4.1. Upon acceptance of this Agreement you will need to:-.
4.1.1. Agree to an appointment with NIE Networks Limited to replace your existing Freedom unit with the new Unit which will require NIE Networks Limited having access to your property;
4.1.2. download the Keypad+ App from either the App or Play Store via the link provided by Power NI; and
4.1.3. pair your smart device with the Unit by entering in a 6 digit code provided via the Keypad+ App on your device.
4.2. Upon installation of the Unit you will assume and bear the risk of all damage to the Unit.
4.3. You shall provide NIE Networks Limited all access required in connection with the installation, reinstallation and removal of either the Unit or the existing Freedom Unit as required from time to time.
5. The App
5.1. You agree that we may update the Keypad+ App without notice and this may require you to install an updated version of the Keypad+ App from time to time. Any updates will be aimed at improving the performance and design but will not be responsible if an update affect show the Keypad+ App works caused by your own equipment not supporting the update.
5.2. Using the Keypad+ App and the Unit should enable you to
5.2.1. view your meter balance
5.2.2. view your usage information (both real time and historical);
5.2.3. top up your keypad meter; and
5.2.4. set balance thresholds to alert you if your meter balance is low.
5.3. Power NI will provide online help information on correct usage of the Keypad+ App.
5.4. If the meter read information is inaccurate or incorrect (for any reason), the standard Power NI terms and conditions in relation to supply will apply.
6. Data Protection
6.1. Protecting our customer’s personal data is important to us. Please see our Privacy Statement set out in the Appendix to this Agreement for details of how we collect, use, store, share and protect your personal data in compliance with Data Protection legislation.
6.2. You also acknowledge and agree that the Keypad+ App will automatically download and forward to Power NI your meter readings, balance, usage information (both real time and historical), Keypad+ App and meter events that support the pairing and connection to the Unit, low credit alerts, the download of meter readings and vending information. Power NI reserves the right to analyse this information and forward your meter readings onto the Network Operator.
7. Disclaimers
7.1. Warranty Disclaimer
7.1.1. You acknowledge that the Keypad+ App is being provided “as is” and Power NI expressly disclaims all warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement relating to the Keypad+ App to the extent legally permitted.
7.1.2. Power NI has the right to unilaterally restrict access to, suspend or abandon the Keypad+ App at any time, on notice, without any obligation or liability to you.
7.2. No Warranty
7.2.1. Power NI gives no warranty that the Keypad+ App’s operation will be uninterrupted, reliable, accurate, available, error-free or free from unauthorised access.
7.3. Acknowledgement
7.3.1. You acknowledge and agree that:-
7.3.1.1. the provision of the Keypad+ App and its operation are dependent upon third party providers. Power NI is not responsible for any act or omission or the availability or quality of any products or service provided by such third parties to the extent legally permitted; and
7.3.1.2. in no event will Power NI be liable to you or any third party for damages of any kind arising out of the installation or use of or inability to use the Keypad+ App.
8. General terms
8.1. Restrictions on Use
8.1.1. The Keypad+ App is to be used solely for personal and domestic use in accordance with this Agreement and must not be resold.
8.1.2. You must not:-
8.1.2.1. repair, modify, alter or improve the Keypad+ App;
8.1.2.2. reverse engineer, decompile, adapt or alter the object code used to provide the Keypad+ App.
8.2. Assignment
8.2.1. You shall not assign any of your rights or obligations under this Agreement without the prior consent of Power NI.
8.2.2. Power NI may at any time assign any of its rights and obligations relating to the Keypad+ App, the Unit or this Agreement to a third party.
8.3. Severability
8.3.1. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be removed and the remainder of this Agreement shall continue to apply as if that provision were not included.
8.4. Governing Law
8.4.1. This Agreement will be governed by and construed in accordance with the laws of Northern Ireland whose courts shall have exclusive jurisdiction.
8.5. Liability for Loss or Damage
8.5.1. We only supply the Keypad+ App for domestic and private use. We will only be liable to you for direct losses resulting from us breaking the terms of this Agreement.
8.5.2. We will not be responsible for:-
8.5.2.1.use of the Keypad+ App not in accordance with instructions;
8.5.2.2. any costs, loss or damage that you suffer as a result of not using the Keypad+ App in accordance with instructions or by problems caused by your smartphone, device or connectivity (Bluetooth, mobile or wi-fi);
8.5.2.3. any costs, loss or damage that you experience by unauthorised use of your Unit or your account, for example if your smartphone or login details are lost or stolen. We advise you to keep your login details secret and to use PIN protection on your smartphone to prevent unauthorised use of your Keypad+ App;
8.5.2.4. any costs, loss or damage you experience as a result of you, or anyone else, tampering with, decompiling or reverse-engineering the Keypad+ App; or
8.5.2.5. any indirect, consequential or unforeseeable loss nor for any loss of profit, loss of goodwill, loss of business, business interruption, or loss of business opportunity.
8.5.3. We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for:
8.5.3.1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; and
8.5.3.2. fraud or fraudulent misrepresentation;
8.5.4. Our liability to you shall be limited to £1,000 for any incident or series of related incidents.
8.5.5. If defective digital content which we have supplied, via the Keypad+ App, damages any of your devices or digital content, we will not be liable for damage which you could have avoided by following our advice to apply an App update offered to you or for damage which was caused by you failing to correctly follow installation instructions or to have in place any advised minimum system requirements. Any damage that is caused to your device or digital content and which is directly attributable to a breach of our obligations under these terms and conditions, shall be subject to our liability cap as set at clause 8.5.4.
8.6. Delay
8.6.1. If we delay in taking any steps against you in respect of any breach of these terms and conditions, that will not prevent us from taking steps against you at a later date.
8.7. Third Parties
8.7.1. Nobody other than you can benefit from these terms and condition.
9. Entire agreement
9.1. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, communications and understandings (both oral and written).
9.2. This Agreement may be modified by us providing not less than 7 days written notice of any amendment to you (such notice may be by way of email or an appropriate alert in the Keypad+ App),otherwise this Agreement may only be modified or any rights under it waived, in writing and signed by the parties.
