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Flex & Earn Terms and Conditions

These Terms and Conditions apply to the Ohme EV Flex & Earn service (the “Service”) which is the National Grid ESO Demand Flexibility Service under which participants are incentivised to reduce energy consumption during peak times. Ohme will optimise electric vehicle charging to ensure electricity import is reduced against a calculated baseline, for your household, during applicable turn down events. By entering the Service, you agree to be bound by the following Terms and Conditions:

Contents:

General
Service Participation
Data Protection and Publicity
Governing Law and Jurisdiction

General

  1. The Service will be run by Ohme Operations UK Limited, a company registered in England and Wales with registered number 11933185 and registered office 5th Floor, Wellington House, 125 – 130 Strand, London, England, WC2R 0AP (“Ohme”, “we”, “us”). 
  2. These terms and conditions, together with any specific rules set out in any communications relating to the Service, are the Service rules (“Rules”) and apply to this Service. By entering this Service, you are agreeing to be bound by these Rules and any other applicable instructions. 
  3. Ohme reserves the right to cancel or amend the Service and/or the Rules without prior notice. Any changes will be posted on our website. 
  4. In the event of any dispute regarding any aspect of the Service, the decision of Ohme shall be final and no correspondence will be entered into. 
  5. These Service terms and conditions are separate to the Website Terms and Conditions for the supply of Products and Services and the Mobile App Terms and Conditions for the use of the Ohme app that you will have with Ohme and will not affect your rights and obligations under those terms. 

Service Participation

  1. There is no entry fee to enter this Service. Entrants must be 18 or over. Only residents of Great Britain (excluding Northern Ireland) are eligible to sign up to take part in the Service. 
  2. To be eligible for the Service, you must: 
    1. Be a user of Ohme Products and Services
    2. Consent to, and not remove your consent for, sharing your smart meter data with us and our partners. Your smart meter half-hourly data will be read on a daily basis until such time as you opt out of the Service, or the Service comes to an end
    3. Have a working electricity smart meter which has been sending smart meter data during the past 30 days with sufficient data to allow baselining of your usage in accordance with the methodology outlined in modification BSC P376 (see Clause 13 below for more information on this)
    4. Opt-into the Service by accepting these Terms and Conditions
    5. Comply with these Terms and Conditions at all times 
    6. Not participate in a different Demand Flexibility Service with another approved Demand Flexibility Service provider
    7. Consent to, and not remove your consent for, Ohme to create and modify your charge schedule preferences in the Ohme app, in order to fulfil Service requirements
  3. The Service period will start at 00:01 on Monday 6th November 2023 and will end at 23:59 on Sunday 31st March 2024.
  4. There will be at least 12 turn down events throughout the Service period and the upper limit of turn down events is uncapped.
  5. We will contact you by email in advance of each  turn down event to confirm the date and time for that  turn down event.
  6. To be eligible to earn an availability payment for participation in the Service (an “Incentive”), you must plug-in your EV to the Charger at least 3 times a week Monday – Friday by 16:30, leave it plugged in until 19:00, and not switch to max charge during the applicable charging session. Ohme will then optimise charging to ensure electricity import is reduced when National Grid ESO calls the Service as measured by your smart meter compared to a “calculated baseline” during any of the half-hours of the applicable turn down event window.
  7. You will earn an Incentive for each week you successfully plug-in your EV to the Charger at least 3 times Monday -Friday by 16:30 and leave it plugged in until 19:00 and not switch to max charge during the applicable charging session.  We will keep a running total of your Incentives from taking part in the Service. The total value of your Incentives will be converted to an Amazon voucher (the “Reward”) which will be sent to you at the end of the Service programme in April 2024.  No cash alternative will be offered.
  8. We will calculate your Baseline using the BSC P376 ‘Utilising a Baseline Methodology. This methodology looks at 10 days of your recent eligible smart meter history, excluding days where an event has taken place, to calculate your average household consumption.
  9. In the event that we’re unable to access your meter readings to calculate your usage from any of the turn down events, we’ll work it out using an average across all Service participants. If at any point throughout the Service you are no longer eligible under Clause 7, we reserve the right to remove you from the Service.
  10. If your smart meter becomes disconnected or you move house, we reserve the right to remove you from the Service.
  11. By entering the Service, you warrant that all information submitted by you is true, current and complete. If any information you submit is found to be fraudulent or incorrectly completed or if Ohme has reasonable grounds to believe that you have breached any of the Rules, Ohme reserves the right to disqualify you from the Service.
  12. Ohme will not be liable to reimburse any expenses incurred with entering the Service. If you are removed, withdraw or are disqualified from the Service, you will cease to earn any Incentives from that date. Any Incentives earned before that date will be calculated at the end of the Service programme in April 2024 and the Reward earned prior to your ceasing to participate in the Service will be sent to you in accordance with Clause 12.
  13. If at any point you wish to opt-out of the Service, please email [email protected]  and we will remove you. Due to technical requirements there may be a delay, of up to 48 hours for requests made Monday – Friday, or 72 hours where requests are made at the weekend or on public holidays, in the removal from the Service becoming effective.

Data Protection and Publicity

  1. Ohme’s privacy policy shall apply to any personal data collected in connection with this Service and can be found on our website at https://www.ohme-ev.com/privacy-policy
  2. Ohme will share Service participants’ Meter Point Administration Numbers, half-hourly metered energy consumption, usage information and other details relating to the Service participants with National Grid ESO, Axle Energy Limited, its affiliates and their authorised sub processor N3rgy Data Limited to provide the Service including to register participants in the Service and calculate Rewards due to individual Service participants. Your half-hourly metered consumption data from the last 30 days will be processed by Axle Energy Limited and N3rgy Data Limited by interfacing with the national smart meter systems in accordance with the Smart Energy Code (https://smartenergycodecompany.co.uk/). 
  3. Ohme will share anonymised and aggregated data collected in respect of the Service with certain third parties. This data may include levels of engagement with the Service (for example, whether emails have been opened, certain information provided in the online form and whether participants participated in a turn down event) and turn down event data (for example, charging information before and during a turn down event) but will not include personal data. 
  4. Ohme will share Service participants’ email addresses with Amazon for the purpose of distributing Rewards due to individual Service participants.
  5. Ohme in its sole discretion reserves the right to withdraw or vary the Rules and/or any offer made in connection with them to comply with the decision of any relevant judicial or regulatory body and shall not be held liable to any participant in the Service for doing so. 

Governing Law and Jurisdiction

  1. These terms and conditions are governed by English law and participants in the Service agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Last Updated: 1 March 2023