BACKGROUND:

This agreement applies as between you, the User of this Website and Heat Genius Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

Definitions and Interpretation

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

• “Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website;
• “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
• “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
• “Goods” means any products that Heat Genius Ltd advertises and / or makes available for sale through this Website;
• “Heat Genius Ltd” means Heat Genius Ltd of 41 Hylton Street, Birmingham, B18 6HJ;
• “Service” means collectively any online facilities, tools, services or information that Heat Genius Ltd makes available through the Website either now or in the future;
• “Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
• “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
• “Premises” means our place(s) of business located at 41 Hylton Street, Birmingham, B18 6HJ;
• “System” means any online communications infrastructure that Heat Genius Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
• “User/Users” means any third party that accesses the Website and is not employed by Heat Genius Ltd and acting in the course of their employment; and
• “Website” means the website that you are currently using (www.geniushub.co.uk) and any sub-domains of this site (e.g. subdomain: www.geniushub.net) unless expressly excluded by their own terms and conditions.

Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

International Customers

If Goods are being ordered from outside Heat Genius Ltd’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Heat Genius Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Heat Genius Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.

Intellectual Property

Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Heat Genius Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Heat Genius Ltd.

Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Heat Genius Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.geniushub.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Heat Genius Ltd. To find out more please contact us by email at admin@heatgenius.co.uk.

Use of Communications Facilities

When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

• You must not use obscene or vulgar language;
• You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• You must not submit Content that is intended to promote or incite violence;
• It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
• The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
• You must not impersonate other people, particularly employees and representatives of Heat Genius Ltd or our affiliates; and
• You must not use our System for unauthorised mass-communication such as ‘spam’ or ‘junk mail’.
• You acknowledge that Heat Genius Ltd reserves the right to monitor any and all communications made to us or using our System.
• You acknowledge that Heat Genius Ltd may retain copies of any and all communications made to us or using our System.
• You acknowledge that any information you send to us through our System or post on the enquiry form 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.

Accounts

In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

• all information you submit is accurate and truthful;
• you have permission to submit Payment Information where permission may be required; and
• you will keep this information accurate and up-to-date.
• Your creation of an Account is further affirmation of your representation and warranty.
• It is recommended that you do not share your Account details, particularly your username and password. Heat Genius Ltd accepts 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.
• If you have reason to believe that your Account details have been obtained by another without consent, you should contact Heat Genius Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Heat Genius Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
• When choosing your username you are required to adhere to the terms set out above. Any failure to do so could result in the suspension and/or deletion of your Account.

Termination and Cancellation

Either Heat Genius Ltd or you may terminate your Account. If Heat Genius Ltd terminates 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.

• If Heat Genius Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
• Heat Genius Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
• If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
• If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
• If any purchases are not paid within 30 days, Heat Genius Ltd reserves the right to cancel the purchase.
• If you do not pay within the period set out above, we will suspend all services provided by the Genius Hub (rendering your heating as not working) and suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England on the amount outstanding until you pay in full.

Goods, Pricing and Availability

Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Heat Genius Ltd correspond to the actual Goods, Heat Genius Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer below for incorrect Goods.

Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

Heat Genius Ltd does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.

All pricing information on the Website is correct at the time of going online. Heat Genius Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed regularly.

In the event that prices are changed during the period between an order being placed for Goods and Heat Genius Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

Heat Genius Ltd offers digital/subscription products which grant access to features or services not otherwise accessible. Due to the nature of these products, they are not subject to refunds as described in the returns policy below. If you no longer wish to make use of the subscription product, you may cancel it through the Website. Unless you cancel a subscription it will automatically continue and the next due payment will be taken, using the payment method you signed up with. If you cancel your subscription, you will not receive a refund of any fees already paid, and the service will expire at the end of the applicable period. Once a subscription has been applied/assigned, it cannot be transferred. Should you decide you want the service for another system, you will need to cancel the existing subscription and purchase a new one for the newly chosen system.

All prices on the Website do include VAT. Heat Genius Ltd’s VAT number is GB163 3442 24.

Delivery

Items will not be shipped by Heat Genius Ltd until full payment has been received and confirmation of payment provided, if requested.

Heat Genius Ltd will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

If Heat Genius Ltd receives no communication from you, within 10 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

Warranty and Installation

To carry out your installation of the Heat Genius system as quickly as possible, we may need to use sub-contractors. There will be an extra charge for any changes or additional work which you ask for or if we find we have to carry out any additional work in order to install your Heat Genius system. If this happens, we will explain to you the reasons for the extra work and let you know what the extra cost will be (see full details in these Terms of additional work which is not included).

If the installer is late and cannot attend your property at the agreed time for any reason, then Heat Genius will arrange a new time for your installation for you. No compensation can we awarded to the customer for the lost time from the installer not showing up. Our installers will always try and inform you if for any reason they cannot be at your property at the allotted time.

If you are a tenant, you may need your landlord’s permission to carry out the work required to install your Heat Genius. Unless you tell us otherwise, we will assume that you have this permission. We will not be responsible if we carry out work and you do not have your landlord’s permission. You will be responsible for any losses we suffer as a result of you failing to get your landlord’s permission.

We will make good any unnecessary damage that is directly caused by our negligence. However, you must accept that the installation (including removing or dismantling existing fixtures and fittings) may cause damage and certain areas may need redecoration after we finish the installation. This is your responsibility and is not included in the purchase price of Heat Genius.

You will be responsible for ensuring that before we install your Heat Genius there is an adequate fuel supply (gas, oil, biomass) and an eligible central heating system at your property (please see https://www.geniushub.co.uk/create-your-system/ for eligibility criteria). You must also have a working internet connection during the entire time of installing and commissioning of the system. This is where Heat Genius check that your Genius Hub can be connected to from outside your property.

The installation price includes only the installation of parts which are ordered through the ‘Create you system’ page on the Website, not any items that are added though the ‘products page’. Please contact Heat Genius directly about this.

The installation price includes the installation of the Heat Genius system only onto a fully functioning existing heating system (including but not limited to, the boiler, any existing heating controls, any existing valves, the underfloor heating and circulation pumps). The installation price includes one visit to the property to carry out the installation. If a second visit is required, including but not limited to because part of the heating system has not been installed or is not working, this is not covered by the installation service. If you miss an appointment and do not give at least 48 hours notice, there may be a charge for the missed appointment from either Heat Genius or the subcontractor.It does not include the additional work listed below: draining down of the system, changing the valve bodies, installing underfloor heating control, moving any programmers or thermostats within the property. This and any other extra work which is related but not limited to the installation of the Heat Genius system and is supplied by the sub-contractor, payment needs to be agreed between you and the sub-contractor.

If we need to connect new equipment to your existing central heating system, we will not be responsible for the cost of repairing or replacing parts of your existing system which later develop a fault, unless we have been negligent in not realising that installing the Heat Genius system may cause the damage or the way in which we did the work caused the fault. Also, we will not be responsible if your central heating system does not work properly because your water supply becomes inadequate or the water pressure varies, or any other part of the system develops a fault.

If you do not use a Heat Genius arranged Installer, we will provide wiring diagrams and installation instructions (found at: https://www.geniushub.co.uk/support/), but will not provide assistance or advise with regards to the wiring.

All materials and parts provided by us are guaranteed for 24 months from the date of purchase. This does not include any extra components connected to our system but which are not provided to you by Heat Genius Ltd via Website. This does not affect the rights you have by law. Please see separated limited warranty for details.

Within 24 months from your purchase, if the materials or parts develop a fault then we will repair or replace them free of charge. If our repair work is faulty, we will do the work again free of charge. Our repair work is guaranteed for one year from the date that we finish it. This guarantee only applies to material we provide and repairs we carry out and does not apply to any further unrelated faults with the system or appliance.

This guarantee does not cover any fault in your Heat Genius caused by you tampering with it, your negligence or your failure to follow the Heat Genius user guide or these conditions. If on receipt of a replacement device which has been covered under the warranty from Heat Genius Ltd, if the device is going into the same location as the original device, we reserve the right to refuse to warrant the replacement product as we would be deem that if there is a problem with the location this is causing the problem or fault to occur with the device.

These guarantees do not affect your legal rights in relation to the quality and description of goods and services.

Your Heat Genius system allows us to see when your heating is switched on or off and at what temperature the thermostat is set. We can use this information to check how the controls on your boiler are working and may contact you, in accordance with our Privacy Policy, if we think your system isn’t working as effectively as it might.

We will not be responsible if we cannot fulfill our side of the contract for reasons which are beyond our control, such as fire, accidents, war, poor weather conditions, industrial disputes, strikes and lock outs which we are not directly involved in. We will only be liable for losses that could have been expected.

You can contact your local authority’s trading standards department for information about your legal rights.

Returns Policy

Heat Genius Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange return. Heat Genius Ltd is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

If any Goods you have purchased have faults when they are delivered to you, you should contact Heat Genius Ltd within 10 days to arrange return. Heat Genius Ltd is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Heat Genius Ltd within 10 days and arrange collection and return. Heat Genius Ltd is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

You have a statutory right to a ‘cooling off’ period. This period begins once your order is complete and ends 14 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Heat Genius Ltd within 14 days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.

If you wish to return Goods to Heat Genius Ltd for any of the above reasons, please contact us using the details on https://www.geniushub.co.uk/contact-us to make the appropriate arrangements.

The complete Heat Genius system can be returned to Heat Genius Ltd for a full refund within the first 30 days of purchase, if you are not completely satisfied with the product. This does not include any cost of removal of the system or returning your heating system to its original condition. Due to the personalised nature of our some of our goods (including Painted Radiator Valves) we are unable to offer a refund on these goods if the product is not to your liking or you have changed your mind. Your statutory rights are not affected should goods be faulty or damaged.

• For end-users: This will not include a refund for installation (including Pro-Installation) of the system, any modifications of the existing heating system (whether covered by the Pro-Installation or charged separately by the installer) or any shipping charges.
• For installers: Heat Genius Ltd will offer a full refund for the components purchased from Heat Genius (at the prices purchased) in the first 30 days of sale. This does not include refunding anything to an end-user, the cost of installation, removal of the product, modifications to the heating system/labour charges whilst on site.

Heat Genius Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

• If the system has been installed for a time greater than 30 days;
• Any use or enjoyment that you may have already had out of the Goods;
• Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
• The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
• Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
• Any items returned to Heat Genius Ltd will only be accepted if they are in the original manufacturers packaging and are in as new condition.

Such discretion to be exercised only within the confines of the law.

Privacy

Use of the Website is also governed by our Privacy Policy (https://www.geniushub.co.uk/privacy-policy/) which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

The Website places cookies onto your computer or device. These cookies are used for the purposes described in the Heat Genius Website Privacy Policy. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy (https://www.geniushub.co.uk/privacy-policy/). [By accepting these terms and conditions, you are giving consent to Heat Genius Ltd to place cookies on your computer or device. Please read the information contained in the Heat Genius Website Privacy Policy prior to acceptance.

If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.

Disclaimers

Heat Genius Ltd makes 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 the use of our Services.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

No part of this Website is intended to constitute a contractual offer capable of acceptance.

Whilst Heat Genius Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

Changes to the Service and these Terms and Conditions

Heat Genius Ltd reserves the right to change the Website, its Content 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 Website following the changes. If Heat Genius Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

Availability of the Website

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 the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Heat Genius Ltd accepts 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.

Limitation of Liability

To the maximum extent permitted by law, Heat Genius Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

Nothing in these Terms and Conditions excludes or restricts Heat Genius Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Heat Genius Ltd.

Nothing in these Terms and Conditions excludes or restricts Heat Genius Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, 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.

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.

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.

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 Heat Genius Ltd.

Communications

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to Heat Genius Ltd. Such notice will be deemed received 3 days after posting if sent by first class post, 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.

Heat Genius Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please reply to any email we send to you with “unsubscribe” in the subject title and we will remove you from our mailing list.

Law and Jurisdiction

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