The GenGame Mobile App - Terms and Conditions

Background

GenGame Ltd are working with Northern Powergrid and Newcastle University on a research project to establish whether TheGenGame app can be used to reducing electricity use at peak time. Users have the opportunity to win prizes in return for reducing their electricity use for short periods of time when notified via the app. As part of this project we are providing up to 2000 eligible users who live in North East of England, Yorkshire and North Lincolnshire with a free energy sensor, which monitors home electricity use.

These Terms and Conditions apply between you, and GenGame Ltd and its affiliates (hereinafter “GenGame”, “Us” or “We” regarding the use of the GenGame app (the “Service”).

Use of GenGame’s games, apps, websites, email systems and related services are also governed by our Privacy Policy and our GenGame Terms and Conditions, which are incorporated herein by reference.

Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon you ticking the associated checkbox and registering for an account. If you do not agree to these Terms you should not create an account with us.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD STOP USING THE SERVICE IMMEDIATELY.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account"

means collectively the personal information and credentials used by Users to access Content or the Service;

"We/Us/Our"

means GenGame Ltd, a company registered in England under number 08680450

"User"/"Users"

means any third party that accesses the Service and is not employed by GenGame Ltd;

"The GenGame"

means the environmentally friendly online game called The GenGame, being used to reduce energy use at peak times;

"The GenGame Website"

means a website created by GenGame Ltd which is at: www.thegengame.com

"GenGame Raffles"

means a number of free prize competitions where Participants signed up to The GenGame can win prizes by reducing their electricity use and engaging with the app.

"Participant"

means a registered GenGame user that has accepted these terms and conditions and has chosen to play this game

"Prize"

means a sum of money or other form of prize awarded to individual Participants by GenGame Ltd

"GenGame Points / Points"

means points awarded to Participants as part of The GenGame

"GenGameTime"

Is a time when We prompt users via ‘push notification’ to reduce their electricity usage to earn GenGame Points.

"Energy Sensor"

means a device that monitors electricity consumption of a whole house consumption

"Trial Area"

means Northern Powergrid’s operating region across the North East, Yorkshire and northern Lincolnshire.

"writing / written"

includes emails. "Writing" or "written" shall be construed accordingly

  1. Accounts

    1. In order to use the Service, you are required to create an Account which will contain certain personal details which may vary based upon your use. By creating an account, you represent and warrant that:
      1. all information you submit is accurate and truthful;
      2. you are age 18 or older
      3. you will keep this information accurate and up-to-date.
    2. It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
    3. If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.
    4. If you wish to make a change to any information submitted when you sign up in your Account, please contact us. We will let you know if the change is possible.
  2. Use of Service

    1. Any use of the Service in violation of the following rules is strictly prohibited, and may result in suspension or termination of your Account, and may subject you to liability for violations of law. You agree that you will not, under any circumstances:
      1. Engage in any act that GenGame deems to be in conflict with the spirit or intent of the Service or make improper use of GenGame’s support services.
      2. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any GenGame game or app experience or without GenGame’s express written consent, modify or cause to be modified any files that are a part of the Service or any GenGame game or app.
      3. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any GenGame game or app environment.
      4. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
      5. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by GenGame, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
      6. Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive.
      7. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
      8. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including GenGame employees, including GenGame’s customer service representatives.
      9. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a GenGame employee.
      10. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any GenGame game or app, or to obtain any information from the Service or any GenGame game or app using any method not expressly permitted by GenGame.
      11. Solicit or attempt to solicit personal information from other users of the Service or any GenGame game or app or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
      12. GenGame reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. GenGame reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
    2. You acknowledge that GenGame Ltd reserves the right to monitor any and all communications made to Us or using the Service.
    3. You acknowledge that GenGame Ltd may retain copies of any and all communications made to Us or using the Service.
    4. You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
  3. Termination and Cancellation of Accounts

    1. Either GenGame Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
    2. If We terminate your Account, any current or pending orders on your Account will be cancelled, participation in the Game will not commence and the Electricity Monitoring Equipment (if any) will not be dispatched.
    3. You may terminate your Account by emailing us at admin@thegengame.com , providing your Account name and email address, and we will terminate your account within 10 working days.
  4. GenGame Raffles

    1. Overiew
      1. We run several free prize competitions at the same time, the title of each of these competitions is the name of the raffle, such as ‘weekly raffle’, ‘fortnightly raffle’, ‘monthly raffle’ indicated within the app.
      2. These competitions are in no way sponsored or endorsed by Apple.
      3. What is your role within these Competitions? You are the Participant. By agreeing to these terms you agree to participate in the Competitions and you have the chance to win prizes.
      4. When do they start: Each raffle has its own start date indicated within the app. You join all the raffles once you sign up to TheGenGame, and are automatically entered into subsequent ones up until the Closing date.
      5. When do they end: Each raffle has its own end date indicated within the app.
      6. Participant Prizes: Participant Prizes will be awarded to Participants in accordance with the mechanisms as set out in each Rules within the app.
      7. How to Enter: Entry into the raffles is confirmed by accepting these terms.
    2. Eligibility
      1. Participation in the raffles is only open to customers aged 18 years or over who reside in the trial area
      2. We will not accept entries that are:

        Automatically generated by computer; or
        Completed by third parties or in bulk.
      3. We reserve all rights to disqualify you if your conduct is contrary to the spirit or intention of The GenGame.
    3. How to Play
      1. To have a chance to win prizes you will need use an Energy Sensor received from us. You will be able to request an energy from us, if eligible, once you have signed up to The GenGame.
      2. You are awarded Points for keeping your home electricity use low during GenGame Times, then collecting these points within the app.
      3. These points earn you raffle tickets in whichever raffle you have selected as ACTIVE. You can only select one raffle to be active at a time.
    4. Prize Draw
      1. Prize draws for each raffle are held after the particular end date of that raffle
      2. Each participant will have the number of tickets they have earned in that raffle assigned to them to them and entered to the draw.
      3. The draw will be performed electronically, with each ticket have the same probability of being selected
    5. The Prizes
      1. You will have the chance to win a Participant Prize. The details of the prize, and how to win are set out in the rules of a particular raffle.
      2. Participant Prizes are not negotiable or transferable.
      3. Prize allocation is at the sole discretion of GenGame Ltd.
      4. Cash Prizes are paid via Paypal. Therefore you will need a UK Paypal account to be eligible to receive Cash Prizes.
      5. Winners will be contacted by Us by email within 5 (five) working days of the Prize being awarded, to confirm the postal address or Paypal account to which the Prize should be sent. In the case of online vouchers, to confirm that the email we have for them is still valid. In case of cash prize, to confirm their PayPal email address so the prize can be transferred to them. If we receive no response to our request within 30 (thirty) days of emailing, we reserve the right to declare the Prize unclaimed.
    6. Winner announcement
      1. Prize winners will be notified by email
      2. Details of prize winners will be shown on the GenGame App
  5. Our Rights To Make Changes

    1. We may make the changes to these terms from time to time, but if we do so we will notify you in writing and you may then contact us to end the contract before the changes take effect. If you do not contact us to end the contract within a reasonable time following your receipt of a notification to change these terms and conditions, you agree to be bound by such changes as notified to you in accordance with this condition 10.1.
    2. We may update, or require you to update, digital content.
  6. Privacy

    Use of the Service is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

  7. How We Use Your Personal Information (Data Protection)

    1. All personal information that We may collect (including, but not limited to, your name, address, email and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your Personal Data (which includes your contact details, Electricity Usage Data when linked with you and other information about you) as follows:
      1. to process your application to, and participation in, the Game;
      2. to send you Electricity Monitoring Equipment;
      3. to administer the Service;
      4. to seek periodic feedback in order to improve the gaming experience; and
      5. to support research into how The Service helps to control electricity consumption
    3. Your Personal Data may be transferred to and processed by our project partners (namely Oswald Consultancy Ltd, Jarmacoe Solutions Ltd, Newcastle University, Northern Powergrid) for research purposes
    4. We will not pass on your personal information to any other third parties without first obtaining your express permission.
  8. Disclaimers

    1. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from participation in the Game or the use of Electricity Monitoring Equipment.
    2. No part of the Service is intended to constitute advice and the Content should not be relied upon when making any decisions or taking any action of any kind.
    3. Whilst We use reasonable endeavours to ensure that the Service is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and hardware used to access the Service.
    4. Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to your non-excludable rights as a consumer.
  9. Changes to the Service and these Terms and Conditions

    We reserve the right to change the Service or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Service following the changes.

  10. Availability of Service

    1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    2. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  11. Limitation of Liability

    1. To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
    2. Nothing in these Terms and Conditions excludes or restricts GenGame Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of GenGame Ltd.
    3. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  12. No Waiver

    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  13. Previous Terms and Conditions

    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  14. Other Terms and Conditions

    If you have requested, or received a free Energy Sensor from us, you agree to the “Energy Sensor Terms and Conditions” that can be found here.

  15. Third Party Rights

    Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and GenGame Ltd.

  16. Communications

    1. All notices/communications shall be given to Us by email to admin@thegengame.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    2. If we need to contact you we will do so by writing to you at the email address you provided to us.
  17. Law and Jurisdiction

    These Terms and Conditions and the relationship between you and GenGame Ltd shall be governed by and construed in accordance with the Law of England and Wales and GenGame Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

  18. Complaints and Feedback

    1. We welcome feedback from you and We want to hear from you if you have any cause for complaint.
    2. If you wish to complain about any aspect of your dealings with Us, please contact Us by email, addressed to "Complaints" at admin@thegengame.com
  19. General

    1. Entire agreement. The contract created by these terms and conditions (as amended from time to time) constitutes the entire agreement between the Parties in respect of the matters dealt with herein. The contract made by these terms and conditions between the Parties supersedes all prior negotiations between the Parties and all representations and undertakings made by one Party to the other, whether written or oral, except that this clause does not exclude liability in respect of any misrepresentation.
    2. Relationship of the Parties. Nothing in these terms and conditions is intended to create a contract of employment, partnership, or legal relationship of any kind that would impose liability upon one Party for the act or failure to act of the other Party, or to authorise either Party to act as agent for the other Party. Neither Party shall have authority to make representations, act in the name of, or on behalf of, or to otherwise bind the other Party except as expressly provided in these terms and conditions.
    3. Suspension, cancellation or amendment of the Game and Prizes. We reserve the right to hold void, suspend, cancel, or amend the Prizes or the Game where it becomes necessary to do so.