Terms of Sale and Use

Your statutory rights as a consumer
For UK based customers, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on the Services. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you’re entitled to a repair or a replacement. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation. Refunds will be made using the same method as the original payment. You may email us on [email protected]. Alternatively, you may use this form if you wish, but you do not have to.

This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary at the top of this page highlights some of your key rights. It is not intended to replace the contract below which you should read carefully.


 

About Us and these Terms

In these Terms of Sale and Use:

  • “We”, “us” or “our” means Trust Power Limited, trading as ‘Loop’.
  • “You” or “your” means the person who has subscribed to the Services or purchased the Product.
  • “Our Site” means our website at www.loop.homes (including any subpages) and any mobile app owned and operated by us.
  • “Products” means the Loop products purchased through Our Site, a third party site such as Amazon or any other sales channel.
  • “Services” means the access to and use of Our Site and any digital content you view on Our Site.
  • “Terms” means these Terms of Sale and Use, our Website Terms of Use Policy and our Privacy Policy, all of which you agree to be legally bound by if you buy our Products or Services.  You can find copies of each policy at www.loop.homes/policies

Please read these Terms carefully and make sure that you understand them before placing your order for Products or using our Services. Please note that by placing your order for our Products or Services you agree to be bound by these Terms. If you do not agree to these Terms, you must stop using the Service immediately and not place an order for any Products.

Any Products placed through www.amazon.co.uk or any other third party that are sold by and dispatched by us will also be subject to additional terms and conditions of Amazon or a third party. If any of the Terms in this document conflict with the terms of Amazon or the applicable third party then Amazon or the applicable third party terms will prevail.

We are a limited company registered in England and Wales (company number 10144503), and our address for correspondence is: Albion House, Littlegate Street, Oxford, OX1 1QT. Our VAT number is GB 228 0333 34.

These Terms apply to any version of the Services that you download from the Apple App Store, Google, or any other appstore provider from whose site you download the Services (“Appstore Provider”), including any updates or supplements to the Services unless they come with separate terms, in which case those terms apply. These Terms are entered into between you and us. No other third party, including any Appstore Provider shall have any obligations with respect of the Services or Products. However, any such Appstore Providers are third party beneficiaries of these Terms. Upon your acceptance of these Terms, the Appstore Provider, as the case may be, shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

From time to time updates to Our Site may be issued through the Appstore Provider. Depending on the update, you may not be able to use our app until you have downloaded or streamed the latest version of the app and accepted any new terms.

 

Changes to these Terms 

We reserve the right, from time to time, to change these Terms at our sole discretion. The Terms that are applicable to your use of the Service will be the version that is displayed on our website at each date you access Our Site.

We may amend these Terms at any time by: (i) posting the amended terms on Our Site, which you can access by either logging into your account once you have registered to use the Services, or (ii) emailing or sending you a push notification to notify you of the change. Your use of the Services after changes to the Terms have been made means that you agree to be bound by such changes. Note that some customers may only be able to access the Services by downloading our app and may not have a registered account accessible via our website.

Every time you order Products from us, the Terms in force at that time will apply to the purchase of those Products.

In the event that you reasonably believe that any change to the Terms materially impacts you negatively in any manner, you may give us written notice by email to [email protected] within 14 days of the change to the Terms. We will either, at our sole discretion:

  • terminate these Terms if we are unable to continue to provide the Services without amending the Terms, and give you a pro-rated refund for a pre-paid fees relating to the period after termination; or
  • confirm that we will continue to provide the Services until the end of your pre-paid subscription period without amending the Terms unless otherwise agreed.

If we introduce new functionality, new Services or Products, then use of such additional features may be subject to you accepting additional terms and conditions or changes to these Terms.

 

Our Services

To receive our Services you will need to purchase the Product and you will need to set up a Loop account.

You have a personal right to use the Services for the duration of this agreement, unless we otherwise suspend your access to the Services in accordance with the Terms, provided that:

  • you adhere to the Terms, in particular our Acceptable Use Policy;
  • all payments are paid on or before the due date;
  • you only use the Service for your own personal use; and
  • you are at least 18 years old.

You acknowledge that the Services do not include any services, systems or equipment required to access the internet (and that you are solely responsible for procuring access to the internet and for all costs and expenses in connection with internet access, communications, data transmission and wireless or mobile charges incurred by it in connection with use of the Services).

Commencement of the Services
The Services are purchased as an annual subscription, unless otherwise agreed in writing prior to purchase. The first years’ Service is usually provided when you purchase the applicable Products required to access and enable the Services. The first annual subscription of the Services will commence upon the earlier of:

  • when you register an account on Our Site to enable you to access the Services or download our mobile app to enable you to access the Services; or
  • 60 days from the date you purchase the Products that accompany the applicable Services.

Availability of the Services
We cannot guarantee that the Services or Our Site will always be available. Sometimes there are errors which affect the availability of the Services or Our Site or which require us to undertake some maintenance work. If a fault occurs in the Service or Our Site, please report it to us and we will try and correct the fault as soon as we reasonably can.

We will use reasonable endeavours to notify you in advance of scheduled maintenance but you acknowledge that you may receive no advance notification for downtime of Our Site or unavailability of the Services caused by emergency maintenance or events outside of our reasonable control.

Our Site and material on Our Site contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.

Changes to the Services
Provided that such changes do not adversely affect the functionality of the Services, we may make changes to the Services from time to time and shall be entitled to modify the features and functionality of the Services.
In addition to our rights above we shall be entitled to make changes to the Services from time to time for the purpose of:

  • maintaining the security and/or performance and/or availability of the website and/or Services; or
  • complying with all applicable laws, statute, regulation, order, regulatory policy, guidance or industry code in any jurisdiction.

Any material changes to the Services shall be notified to you as soon as reasonably practicable.

Information provided by us as part of the Services
All commentary and other materials posted by us on Our Site are intended as guidance only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to Our Site or any other third party.

You do not have a right to download or copy any material or content posted on Our Site.

Information provided by you or uploaded to Our Site
Any material you upload to Our Site will be considered non-confidential and non-proprietary unless otherwise stated in our Privacy Policy.
We will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.

We have the right to remove any material or posting you make on Our Site at any time.

You must make sure that your contact details and information about you on your account is kept up to date and accurate at all times. If you move home, you must let us know immediately and we will use reasonable endeavours to agree with you a way forward that is acceptable to both you and us. If we cannot agree a way forward or cannot continue to provide the Services to you due to your move then we shall terminate these Terms and the provision of Services and you will not be entitled to a refund of any pre-paid fees.

Registering to use the Services
You will need to set up an account to use the Services. You can see your current subscription status under the Account Tab in the Settings section of the App. Access to our service is permitted on a registered and subscribed user basis, and we reserve the right to withdraw or suspend access to the Services should your registration or subscription expire or if your details provided as part of the account are not kept up to date and accurate.

Our Products

The images of the Products, and any packaging of the Products, on Our Site or on any other promotional materials are for illustrative purposes only. Although we have made every effort to display the Products and any packaging accurately, we cannot guarantee that Products and their packaging will not vary slightly from those images.

All Products shown on Our site are subject to availability.

Our Products are designed for use in the United Kingdom only and are only certified to UK standards. If you use any Product outside of the UK then you do so at your own risk.

If any order for Products cannot be fulfilled for any reason then we will give you a full refund.

Delivery of Products
We will use reasonable endeavours to deliver your order by the estimated delivery date set out in the order confirmation. If we are unable to meet the estimated delivery date for any reason, we will contact you via email with a revised estimated delivery date. If the estimated delivery date is not acceptable then you may cancel your order in accordance with the clause below.

Products purchased from www.loop.homes or www.amazon.co.uk are sent using different courier services depending on the size/value of the parcel and/or delivery service chosen. Small parcels are normally sent via ‘Royal Mail 2nd Class’ and will normally be delivered within 2-3 working days of dispatch.

Unfortunately, we do not deliver to addresses outside of mainland United Kingdom unless we specifically agree otherwise with you in writing. This does not prevent you from placing an order outside of the United Kingdom provided the delivery location is within the United Kingdom.

Ownership and risk in the Products
You will own the Products once they have been delivered to you and you will be responsible for ensuring the Products are not damaged from the date of delivery.

Product Warranty
The Products shall be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and fit for purpose as described on Our Site.

The Products shall be free from material defects in design, material and workmanship and remain so for at least 12 months from the date of delivery.

Repair and replacement of the Products
Subject to the Refund Clause immediately following this one and subject to you returning the faulty Product in accordance with your Rights of Cancellation and Refunds below, in the event that the Product is broken, does not meet the Product warranties above or otherwise fails to operate, we will repair or replace the Product provided you are in receipt of, and have paid for, Services at the point the Product breaks and is returned to us.

Refund Clause

If the Product breaks or fails within the first 12 months and the Product cannot be repaired or replaced then, a full refund will be offered.

The Product warranties in this clause do not apply to any defect in the Products arising from:

  • wilful damage, abnormal storage or working conditions, accident or negligence by you or by any third party after the Products have been delivered to you;
  • you failing to operate, use or store the Products in accordance with our instructions; or
  • any alteration or repair by you or by a third party who is not one of our authorised repairers.

This warranty is in addition to your consumer legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or on the Citizens Advice Bureau website.

Consumer Rights
Your legal rights under the Consumer Rights Act 2015, are set out at the top of these Terms of Sale and Use. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 040506.

Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.

Please contact us, if the Services are faulty and you want:

  • us to fix any problems with Our Site;
  • a price reduction; or
  • to reject the Services and get a refund.

To avoid faults in the Services, you must install any fixes, updates, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded.

Switching energy provider
You will have a direct contractual relationship with the applicable energy provider that you select.

However, as part of the Services we can assist you in switching to a new energy provider.

We use a third party sub-contractor to assist you with switching to a new energy provider. Currently we use Energy Helpline. Their terms and conditions are incorporated into these Terms solely in respect of using our switching services. A copy of their terms can be found here: https://www.energyhelpline.com/fri/content/terms-conditions/. We reserve the right to use any new third party sub contractor to perform this part of the Services.

To be able to assist you in successfully switching to a new energy provider we require you to give us complete and accurate information. If you fail to do so then we may be delayed or unsuccessful in assisting you to switch providers.

Rights of cancellation and refunds
You have a statutory right to cancel your order for the Products and the first years’ worth of Service without giving any reason within 14 days from the day on which you receive the Product purchased providing the Product is unused (i.e. installation process not started) and the retail packaging is undamaged (i.e. can be resold to another customer upon its return).

In addition to your statutory rights above, we provide you with the following voluntary money back guarantee.

You may additionally return any Products to us that are faulty, in accordance with these Terms.

If you return a Product:

  • within the 14 day cancellation period or any longer period under the voluntary money back guarantee, then we will give you a full refund, including a refund of any original delivery charges paid, but you are responsible for the cost of returning the Product to us. We will issue your refund once we have received the Product from you in its original undamaged packaging. You remain responsible for the Product during its return delivery to us. If we do not receive the Product within the 14 day cancellation period or such longer period as part of the money back guarantee then you will not be entitled to a refund even, even if the Product is lost in delivery, unless you can provide evidence of delivery;
  • because it is faulty then you must as soon as reasonably practicable and within 21 days of receiving a replacement Product (if applicable), return any faulty Product to us using the returns label that we send you. The Product must be returned in its original packaging, with a copy of your original order confirmation and a note of the returns number inside the parcel so we know who has sent it.

If a Product is damaged as a result of one of the events listed in the clause above then we reserve the right to:

  • charge you for any repair or replacement Product subject to agreeing such additional charges with you in advance; and
  • recover from you the actual cost of any return delivery of the damaged hardware.

After the 14 day cancellation period, or such longer period offered under our money back guarantee, you may cancel the Services at any time but no refund of any pre-paid fees or delivery charges will be given. In this circumstance you will be liable to pay the cost of returning the Product to us.

To cancel an order for the Products or Services please contact us on [email protected]. Alternatively, you may use this form  if you wish, but you do not have to.

 

Matters beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms including the provision of any Products or Services that is caused by an Event Outside Our Control, as defined below.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
we will notify you as soon as reasonably possible; and
our obligations under the Terms will be suspended. Where the event outside Our control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control has ceased.

 

Your obligations

You shall:

  • keep your password for your account safe and not share your login details with any other person or allow your login to be disclosed to any other person;
  • notify us promptly if you become aware of any unauthorised access to your account;
  • not remove or circumvent the technical measures in place to protect the Services and Our Site from unauthorised use; and
  • not maliciously transmit or upload any material containing viruses, trojan horses, worms, spyware, adware or any other harmful computer code or program.

 

Price and Payment
The prices of the Products and Services will be as quoted on Our Site from time to time.

Prices for our Products and Services may change from time to time, but changes will not affect any order which we have confirmed with you in a written confirmation email.

The price of a Product or Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

However, if the rate of VAT changes between the date of your order and the date of delivery, We will adjust the VAT you pay, unless you have already paid for the Products and Services in full before the change in VAT takes effect.

The price of a Product does not include delivery charges (unless stated differently at the time you place your order) which will be added at our sole discretion to the total amount due.

From time to time promotional discount codes are used in conjunction with third parties. We reserve the right to decline an order, where in our opinion a promotion code is invalid for the order being placed.

Any refunds given for orders placed using a promotional code will take the discount into account.

Payment for all Products and Services will be due in accordance with any payment terms displayed on Our Site.

We are entitled to increase the price of the Services at the end of each subscription period, which is usually annual unless otherwise agreed.

 

Intellectual property rights

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.

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

You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of Our Site you will be in breach of these Terms, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Trade marks
The following are registered trademarks of Trust Power Limited:
www.loop.homes
The name ‘Trust Power’
The Trust Power logo:

tp-logo-shadow@2x copy

The loop logo, both the mark and the text:

loop_logo_newsletter

 

Our liability
The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

We assume no responsibility and have no liability for the provision of your energy supply or the action of your energy provider. We merely provide a facility enabling you to switch your supplier online and providing you with guidance as to your energy usage.

We do not in any way exclude our liability for:

  • death or personal injury caused by our negligence; or
  • fraud or fraudulent misrepresentation.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.

We only supply the Products and Services for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

How we use your personal information
We only use your personal information in accordance with our Privacy Policy. By using Our Site and purchasing our Products and Services, you consent to such processing and you warrant that all data provided by you is accurate.

 

Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

If you break the agreement
We reserve the right to suspend or end the provision of Services and terminate these Terms immediately if you breach any provision of these Terms or mis-use Our Site or the Services in any way. We will normally give you an opportunity to put matters right within a reasonable time but we are not obliged to do so.

We reserve the right to terminate the Services being provided to you at any time with reasonable notice. Should this be part way through a subscription period for which you have already paid then we will provide you with a refund for the period of time after termination, provided that the Services are not terminated as a result of a breach of any of these Terms by you.

 

Your concerns or complaints
If you have any concerns or complaints about material which appears on Our Site or about or Services or Products, please contact us by email at [email protected] or use this form.

 

Other important terms
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree this with you in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Business Users
If you are a business user and wish to use our Services and Product for business purposes then please contact us on [email protected] so we can discuss how you may be able to make the most out of our Services.