Capture Energy:
Terms and conditions

About us

Capture Energy designs, sells and optimises battery systems. Our software "Capture AI" minimises electricity costs by accurately forecasting our customers' demand and production and automatically purchasing electricity when prices are lowest and exporting it at peak rates. We do not, ourselves, provide any installation services.

We do not employ Service Providers and, unless otherwise specified in these terms of use, we are not responsible for, and make no representations, warranties or guarantees as to, the behaviour, acts or omissions of any Service Providers you engage through Capture Energy or the quality of the services they provide. If a Service Provider you engage through Capture Energy causes you any loss or damage in the course of providing services to you, responsibility for such damage will rest with the Service Provider (and not with us).

We do take reasonable measures to ensure the suitability and quality of the Service Providers. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk, although we may remove a Service Provider from Capture Energy on the basis of any feedback you or other users provide in relation to that Service Provider if we deem it appropriate, but are under no obligation to do so.

Capture Energy is operated and owned by Celsius Energy Ltd (we or us).

If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at team@capture.energy. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.

Introduction on our terms

These terms of use (together with any documents referred to in them) tell you the terms on which you may make use of our website capture.energy (the Site) whether as a guest or as a registered user, and the connection service that we provide through them (collectively, Capture Energy).

Please read these terms of use carefully before you start to make use of Capture Energy, as they will apply to your use of it (although please note that they will not apply to any third-party services you request through Capture Energy). We recommend that you print a copy of these terms of use or save them to your computer or device for future reference. It is the responsibility of all third-parties we connect you to provide the relevant terms of service.

By using Capture Energy, you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree with them, you must not use Capture Energy.

Other applicable terms

These terms refer to our privacy and cookie policy which sets out the terms on which we process any personal data we collect from you or that you provide to us, as well as information about the cookies and/or other similar technologies (for example, analytics) we use. By using Capture Energy, you consent to such processing and you warrant that all data provided by you is accurate.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time.

Use of our website

We may make changes to our site

We may update and change our sites from time to time without giving you notice.

We may suspend or withdraw our sites

Our sites are made available free of charge.

We do not guarantee that our sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons.

You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password, promotional code or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at team@capture.energy

How you may use material on our sites

We are the owner or the licensee of all intellectual property rights in our sites and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content on our sites for commercial purposes without obtaining a license to do so from us or our licensors.

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

Do not rely on information on these sites

Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our sites is accurate, complete or up to date. We hereby disclaim, to the extent permitted by applicable law, all liability arising from your use of, inability to use, and or reliance on the site or any information/content on the site.

You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.

We are not responsible for websites we link to

Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Third-party rights

We provide no assurance that the use by you of information or content available on the site (whether provided by us or other users) will not infringe third-party rights (including, without limitation, intellectual property rights or privacy rights) and we will have no liability in this regard.

Use of our tariff comparison tool

This Website may offer comparison services to estimate your energy costs, in respect of this comparison service:

If you are obtaining services via the Energy Supplier’s website which we forward you to, you must also read the relevant Energy Supplier’s own policy, agreement, and terms and conditions. They are the terms and conditions that you agree to by taking the services from the relevant Energy Supplier and are separate from our own. It is your responsibility to ensure that the services match your requirements and that you agree to the terms and conditions of any service before you apply for it;

• We seek to ensure that we accurately calculate your annual energy bill based on the information you have provided for the purpose of providing a comparison, but offer no guarantee on the accuracy of any calculations made and displayed to you or on the validity of the assumptions made during the calculation process;
• We cannot accept liability for errors made by the underlying Energy Supplier or their intermediary or appointed representative, or answer complaints on their behalf. In such an event, we recommend you follow the guidelines provided in the Energy Supplier’s documentation.

Use of our consultation services

Capture Energy provides a consultation service to determine the optimal battery systems and its savings potential. The service is included free of charge.

The information provided during the consultation presentation is based on forward-looking projections and estimates. While we strive to provide accurate and timely information, these projections are inherently subject to change and involve risks and uncertainties. Capture Energy does not guarantee the accuracy, completeness, or reliability of these estimates and is not liable for any actions taken based on this information. Actual results may differ from those projected.

Use of [Capture AI]

Capture Energy provides an in-house battery management solution, [Capture AI].

Currently, the software is provided to customers free-of-charge. However, this is subject to change. Any change will be communicated to customers in advance of it taking effect

While [Capture AI] seeks to minimise customer’s electricity bills, we do not guarantee projected savings and are not liable for any increases in bills.

Your installation

How you pay for your installation

The Service Provider will require an upfront payment for the installation of the products or services they provide. You can either organize this payment through your Service Provider or us.

• If we organise your payment, we will be responsible for arranging your payment with a Payment Platform of our choice, we will not be party to your agreement with the Payment Platform. In this case, your payment constitutes final settlement of the Net Price for your Installation.
• If a Service Provider organises your payment you enter an agreement between the Service Provider and you, not with Capture. Payment terms are dependent on the payment policy of the Service Provider as communicated to you in the Installation process.

Our rights to cancel your Installation

Either Capture or your Service Provider reserves the right to reschedule or cancel your Installation without paying you any fees.

Either Capture or a Service Provider may cancel the Installation without notice if the Payment Platform can’t collect the balance. It's your responsibility to make sure the payment goes ahead on time (that your bank, debit card or credit card details are correct, and that there's enough money available in your account).

Obvious errors and misprints are not binding and will likely occur in the cancellation of your Installation.

Limitation of liability

We are only legally responsible to you as set out in these terms. We have no other duty or legal responsibility to you, and all responsibilities, guarantees and any other conditions implied by law or otherwise will not apply, as far as this is allowed by law.

To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, we won’t be liable for (e.g.) any:

• indirect loss or indirect damage
• inaccurate information about a Service Provider
• product, service, action or inaction of a Service Provider or other business partner
• mistake in an email address, phone number or credit card number (unless it’s our fault)
• force majeure or event beyond our control.

If you are in breach of these Terms and terms of a Service Provider, to the extent permitted by law:

• we won’t be liable for any costs you incur as a result
• you won’t be entitled to any refund

We are not legally responsible to you in any way for any indirect or direct loss of income, business or profits, or for any other loss or damage that could not reasonably have been expected at the time we entered into this contract, other than that caused by us acting fraudulently. Also, we will not be legally responsible to you for any loss you suffer as a result of your responsibilities to any other person (however this is caused).

Nothing in these terms will exclude our legal responsibility (or any Service Provider's) for death or personal injury caused by our (or their) negligence or legal responsibility resulting from us failing to carry out our legal duty under Part 1 of the Consumer Protection Act 1987 or for fraud.

Promotions

General terms

Unless otherwise indicated, any Promotion that you apply:

• Can’t be combined with any other offers which reduce the Net Price
• May be revoked or altered at any time before the Installation has been completed without notice to you
• Can never result in a negative balance for the Net Price
• Does not absolve you of your responsibility to pay the Net Price before your Installation can proceed
• Can never be refunded or exchanged

It is your responsibility to ensure your Promotion has been applied correctly either via the use of a unique URL, promotional code entered at Payment or via another pre-determined way which has been informed to you by Capture. For the avoidance of doubt, unless the promotion is a cashback scheme, we would recommend emailing team@capture.energy to confirm a Promotion has been applied correctly.

In the event that a promotional code results in a discount greater than the Gross Price and you receive funds from the Payment Platform, you have an obligation to return any excess funds received to Capture within 30 days of receiving written notification of such obligation. Failure to return any excess funds received within the specified timeframe may result in legal action to recover the funds.

If you knowingly provide false or misleading information to us, either through action or omission, with the intention of obtaining a promotion offered on the Capture Platform, you shall be held liable for the Gross Price payable within 5 working days. This liability shall be enforceable within 30 days of receiving written notification (via email) of such liability from Capture. In addition, you may be subject to prosecution under the Fraud Act 2006

Promotions offered by us

Some Promotions may be funded by us, not the Service Provider. We simply pay some of the cost ourselves.

Promotions offered by our partners

Some Promotions applied on our Platform are subsidised by a 3rd party, your eligibility for these Promotions is at the complete discretion of Capture.

Conflicting terms with Service Providers and us

When you pay and/or confirm your Installation, you accept the applicable policies as displayed on the Platform by both us and your Service Provider. In the event of any conflict between the Payment Terms outlined in this agreement and any conflicting terms outlined in the Service Provider's Payment Policy, the Terms in this agreement shall prevail.

To the extent applicable, all fees are inclusive of VAT at the prevailing rate, nothing in the Agreement shall mean or imply that Capture acts or operates as a principal, merchant or (re)seller of the Installation or supply of a Qualifying Product.

Your responsibility to us

If you do not comply with these terms, and we incur any costs, losses, claims, expenses and other liabilities which result from your non-compliance, you agree to reimburse us for such costs, losses, claims, expenses and other liabilities. This is in addition to any other specific remedies we have in these terms or under the law generally (such as our right to prevent you accessing the site or to terminate your access to our products and services).

How we handle fraud

If you know of or suspect any fraud or unauthorised use of your Payment Method, please contact your payment provider, who may cover any resulting charges, possibly minus an excess.

If it is deemed that you intentionally provided either Capture Energy or a Service Provider we connected you to with misleading information, which led to additional material or labour required to complete the Installation. You will be liable to pay any additional costs incurred by the Service Provider which were caused by the misleading information you provided.

If you realise you have provided misleading information, you should contact your Service Provider or Capture within 1 working day, however, you may still be responsible for any incurred costs due to the misleading information provided.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Which country's laws apply to any disputes

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.

If you are a business, these terms of use, their subject matter and their 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.

Definitions

• "you / your": The person listed as the [plan holder].
• ‘Site’ means the website capture.energy
• ‘Capture’, ‘us’, ‘we’ or ‘our’ means Celsius Energy Lts, trading as “Capture Energy”
• ‘Payment Platform’ means a third-party payment processing platform with which Capture has an account which may include, but is not limited to that offered by www.Stripe.com;
• ‘Product’ means the home batteries that Service Providers Install;
• ‘Platform’ means the website and associated email communications we send, which enables you to compare Products, get a Quotation for a Product(s) Installed by Service Providers, receive additional communication regarding your Installation from your Service Providers and get access to the Payment Platform;
• ‘Net Price’ is the price provided by the Service Provider for an Installation of a Product, minus any Promotion applied;
• ‘Quotation’ means the document provided by the Service Provider which details the Gross Price;
• ‘Gross Price’ means the price detailed on the Quotation that outlines the total price for the Installation;
• ‘Service Provider’, ‘Service Providers’ means the party who Installs the Product;
• ‘Installation’, ‘Install’, ‘Installed’ means the installation Service (and supply of) a Product by a Service Provider and all complementary associated activities, including the supply of the Product, arranging an installation date and completing all associated paperwork required;
• ‘Promotion’, ’Promotions’ means a benefit that you are promised. In most cases, promotions will be cashback, or a discount code of some kind.
• Energy Supplier means an energy company that offers an Energy Tariff

Contact information

If you have any queries on any aspect of our Terms and Conditions, please contact us by email at team@capture.energy or by post at the address below.

Celsius Energy Ltd
Office 821
275 New North Road
London
N1 7AA
United Kingdom