Who we are
Our website address is: https://www.tropicalenergysolutions.es.
These terms and conditions outline the rules and regulations for the use of Tropical Energy Solutions’ Website and its monitoring services and applications.
By purchasing our services we assume you accept these terms and conditions in full. Do not continue to use our services if you do not accept all of the terms and conditions stated on this page.
Terminology
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“Client”, “You” and “Your” refers to you, the person accessing our services and applications and accepting the Tropical Energy Solutions’ terms and conditions.
“Tropical Energy Solutions”, “Ourselves”, “We”, “Our” and “Us”, refers to our business.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of providing our services to the Client in the most appropriate manner.
In accordance with and subject to, prevailing law of Spain. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
License
Unless otherwise stated, Tropical Energy Solutions and/or it’s licensors own the intellectual property rights for all Tropical Energy Solutions applications. All intellectual property rights are reserved.
Reservation of Rights
We reserve the right at any time to amend these terms and conditions, the latest version of the terms and conditions will always be published on our website and there is a link in your application to view these. By continuing to use our services and applications, you agree to be bound to and abide by these terms and conditions.
Content and Service Liability
Whilst the aim of the service is to collect and provide you hourly readings from the smart meter on a 24-hour interval and to analyse this data so as to provide you with an early warning of a potential leak or excessive water usage. It is still your responsibility to take action on this information. Tropical Energy Solutions will not be liable financially or otherwise for any failure to act on your part or any cost of the actions required.
Our technology utilises radio waves and can be interrupted for short periods as a result of storms, other weather conditions and power outages. It also utilises a third party internet provider to send the data from our masts to our servers. Again we cannot be liable for any in access to data during this period and the data will be updated upon reconnection, at that time any necessary warnings will be raised.
Equipment failure
Should the smart water meter provided to you by us fail, we will know as we will fail to receive notification, or we will receive an error alert or very low battery warning. Provided you still have an active paid for monitoring service with us we will replace the meter free of charge.
Termination of service and refunds
You can terminate your service at any time.
If it’s after the first year, and if you have more than 6 months left on your monitoring service contract then upon request you will receive a 45 euro refund.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our services and associated data (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury resulting from negligence;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this document Are subject to the preceding paragraph; and govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the services and applications provide an early warning notification of unusual or excessive leaks, we will not be liable for any loss or damage of any nature. You accept it is your responsibility to interpret and act on this information, to minimise the financial impact.
