Find My Ecodan Request Page

1.1 Acceptance of these terms (the “Terms”) by you creates a binding contract between you and us.

1.2 These Terms apply in addition to any agreement(s) you have with us as part of the Partner Programme. Where any provision in these Terms conflicts with a provision in an agreement under the Partner Programme, these Terms shall take precedence.

In these Terms, when we refer to “we”, “our” or “us” we mean Mitsubishi Electric Europe B.V., a Dutch limited liability company having a registered address of Capronilaan 46 1119NS Schiphol-Rijk, The Netherlands and operating through its branch in England (registered number FC019156, BR003391) with a registered address at Travellers Lane, Hatfield, Herts, AL10 8XB United Kingdom.

3.1 Where a Prospective Customer uses the Find An Installer Function to request to be contacted by you regarding a Project, you will receive a notification email from us (in each case known as a “Referral”). You can view all your Referrals via the FME Request Page. A Referral contains relevant information to enable you to contact a relevant Prospective Customer about their Project.

3.2 The FME Tool allows Prospective Customers to determine the suitability of Products for their Property. It can also estimate energy costs, potential savings and carbon emissions calculations. Any Personalised Report accessed by the Prospective Customer is based on their input on the FME Tool and does not represent an offer by us to sell Products and/or Services to Prospective Customers.

4.1 When the following words with capital letters are used in these Terms, they will have the following meaning:

• • (a) FME Request Page: means our online portal used by you to view Referrals.
  • (b) FME Tool: means our ‘Find My Ecodan’ tool which allows users to assess the Product requirements for a Property with URL https://www.findmyecodan.co.uk
  • (c) Find An Installer Function: means the non-mandatory Installer search function on the FME Tool which allows the Prospective Customer to request to be contacted by you regarding a Project.
  • (d) Installer: means an independent professionally qualified engineer with recognised qualifications within the HVAC industry accredited under the Partner Programme who is searchable via the Find An Installer Function.
  • (e) Partner Programme: means the Mitsubishi Electric accreditation program for Installers who provide Services in relation to the Products.
  • (f) Personalised Report: means a finalised report of the Product recommendation and estimated running cost calculations for the Property generated by the FME Tool for the Prospective Customer.
  • (g) Product(s): means the range of “Ecodan” air source heat pumps manufactured by Mitsubishi Electric and our affiliates.
  • (h) Project: means the Prospective Customer’s potential interest in the purchase of Products and/or Services from the Installer.
  • (i) Property: means the property (located in England, Wales, Scotland or Northern Ireland) for which the Prospective Customer wishes to assess the suitability of the Products.
  • (j) Prospective Customer(s): means an individual or entity who uses the Find An Installer Function on the FME Tool and requests to be contacted by an Installer.
  • (k) Referral: has the meaning given in clause 3.1.
  • (l) Services: means services you provide in relation to the Products in your capacity as a member of the Partner Programme or otherwise, including but not limited to site surveys and assessments, installation, after care and maintenance.
  • (m) “you” or “your”: means the Installer.

5.1 If you do not agree to these Terms, you cannot access the FME Request Page. You will be asked to agree to these Terms each time you login to the FME Request Page.

5.2 The FME Request Page is solely for use by Installers who are part of our Partner Programme and access is only permitted in accordance with these Terms.

5.3 You agree and acknowledge that we may change these Terms from time to time, including to reflect changes in law or to deal with additional features which we introduce to the FME Request Page.

5.4 Your continued use of the FME Request Page will constitute your acceptance of the revised terms.

You acknowledge that the functions of the FME Request Page cannot be fully utilised without internet service provision. We will not be liable if your internet connection is down and/or unavailable resulting in a loss of communication.

7.1 You represent, warrant and undertake that:

• • (a) by accessing the FME Request Page you are, or are acting on behalf of, an Installer within our Partner Programme;
  • (b) you have the right, power, and ability to enter into and perform under these Terms; and
  • (c) you will not use the FME Request Page, directly or indirectly, for any fraudulent undertaking or in any manner.

8.1 You will not (and will procure that any other third party will not):

• • (a) rent, lease, sub-license, loan, provide, or otherwise make available, the FME Request Page in any form, in whole or in part to any person;
  • (b) to the maximum extent permitted by applicable law, copy the FME Request Page;
  • (c) translate, merge, adapt, vary, alter or modify, the whole or any part of the FME Request Page nor permit the FME Request Page to be combined with, or become incorporated in, any other programs, except as necessary to use the FME Request Page for devices as permitted in these Terms;
  • (d) work around the technical limits of the FME Request Page;
  • (e) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the FME Request Page;
  • (f) perform or attempt to perform any actions that would interfere with the proper working of the FME Request Page;
  • (g) prevent access to or use of the FME Request Page by other users; and
  • (h) use the FME Request Page except as expressly allowed under these Terms.

9.1 You may not (and will procure that any other third party will not):

• • (a) use the FME Request Page in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the FME Request Page or any operating system;
  • (b) infringe our intellectual property rights or those of any third party in relation to your use of the FME Request Page;
  • (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the FME Request Page;
  • (d) use the FME Request Page in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • (e) collect or harvest any information or data from the FME Request Page or our systems or attempt to decipher any transmissions to or from the servers running any service.

10.1 The FME Request Page is provided on an “as is” and “as available” basis.

10.2 Use of the FME Request Page is at your own risk.

10.3 To the maximum extent permitted by applicable law, the FME Request Page is provided without warranties, representations, conditions, and other commitments of any kind, whether express or implied by statute or common law including, but not limited to, implied warranties of merchantability, non-infringement or fitness for a particular purpose.

10.4 No information or results whether oral or written, obtained by you from use of the FME Request Page will create any warranty not expressly stated in these Terms.

10.5 Without limiting the foregoing, we do not warrant that:

• • (a) the content in the FME Request Page will be accurate, reliable or correct;
  • (b) the FME Request Page will meet your requirements;
  • (c) the FME Request Page will be available at any particular time or location, uninterrupted or secure;
  • (d) any defects or errors will be corrected; and
  • (e) the FME Request Page is free of viruses or other harmful components.

10.6 Any content obtained using the FME Request Page is at your own risk and you will be solely responsible for any damage or loss that results from the FME Request Page and/or use of such content.

10.7 We do not guarantee the availability of any historic data viewed on the FME Request Page.

11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation and to the extent we may not otherwise exclude or limit our liability by law.

11.2 To the maximum extent permitted by applicable law, we exclude all liability and responsibility for any kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect or consequential loss or damage; or any loss of or damage to profit, revenue, contracts, anticipated savings, goodwill, property or business opportunities or wasted expenditure (in each case, whether direct, indirect or consequential)) and whether in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise, arising in connection with use of the FME Request Page.

11.3 Your sole and exclusive remedy with respect to any dispute relating to or in connection with your use of the FME Request Page or any violation of these Terms by us is to discontinue your use of the FME Request Page.

12.1 You agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential loss or damage; or any loss of or damage to profit, revenue, contracts, anticipated savings, goodwill, property or business opportunities or wasted expenditure) (in each case, whether direct, indirect or consequential) arising out of or in connection with:

• • (a) your use of the FME Request Page;
  • (b) any claim made against us by Prospective Customers in relation to any part of the Products or Services; and
  • (c) any claim made against us relating to your processing of Customer Data or your breach of Applicable Data Protection Law (each as defined in clause 18).

13.1 Subject to these Terms, we hereby grant you a non-exclusive, non-transferrable, revocable right to access and use the FME Request Page solely as required to view Referrals.

13.2 In connection with your access and use of the FME Request Page, you may process and/or download the Personalised Report (referred to as “Data” in this clause ‎‎2). As between you and us, all intellectual property rights in and in relation to the Data throughout the world belong to us. Subject to these Terms, we hereby grant you a non-exclusive, non-transferrable, revocable right, to use the Data as necessary for the sole purpose of viewing Referrals and negotiating and conducting the sale of Products and/or Services to Prospective Customers.

13.3 Subject to clauses ‎13.1 and ‎13.2, nothing in these Terms shall have the effect of transferring any intellectual property rights or granting licences to you.

14.1 We may withdraw your access to the FME Request Page with immediate effect for any reason. We will not be liable to you for compensation, reimbursement, damages or otherwise in connection with such withdrawal.

14.2 We may also suspend your access to the FME Request Page if you: (i) violate these Terms; (ii) pose an unacceptable fraud risk to us; or (iii) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.

14.3 If we end your rights to use the FME Request Page, you must stop all activities authorised by these Terms, including your use of the FME Request Page.

15.1 For the purposes of this clause 15 the following capitalised terms have the following meanings:

• • (a) “Applicable Data Protection Law”: means
    • (i) to the extent UK GDPR applies to processing of personal data, the law of the United Kingdom or a part of the United Kingdom; and
    • (ii) to the extent EU GDPR applies to processing of personal data, the law of the European Union or any member state of the European Union to which you are subject,

which in either case relates to the protection of personal data. (“EU GDPR” means the General Data Protection Regulation ((EU) 2016/679) and “UK GDPR” has the meaning given in the UK Data Protection Act 2018); and

• (b) “appropriate organisational and technical measures”, “controller”, “personal data”: have the meanings assigned to them in the Applicable Data Protection Law.

15.2 All Referrals received by you from us contain personal data of Prospective Customers (“Customer Data”) which they have provided to us through the FME Tool.

15.3 When you process Customer Data you are an independent controller for the purposes of Applicable Data Protection Law.

15.4 You will comply with Applicable Data Protection Law at all times.

15.5 When contacting Prospective Customers on the basis of Referrals you shall ensure that all communications:

• • (a) only relate to the sale of Products and Services;
  • (b) maintain a professional, polite and courteous tone;
  • (c) do not include any marketing or promotion of your own products or those of any third parties;
  • (d) include an ‘opt out’ link that allows the recipient to unsubscribe from all future communications; and
  • (e) include transparency information (i.e. privacy policy) containing the information required by Applicable Data Protection Law.

15.6 In relation to the communications referred to clause 15.5, you shall:

• • (a) not contact Prospective Customers in an unreasonably repetitive manner or otherwise ‘spam’ Prospective Customers; and
  • (b) comply with all applicable laws (including, for example, consumer protection laws and distance selling laws). You will comply with applicable law when in relation to Prospective Customers generally.

15.7 In relation to Customer Data you shall:

• • (a) ensure that you have a lawful basis for processing under Applicable Data Protection Law;
  • (b) implement and maintain information security measures consistent with good industry practice;
  • (c) not share it with any third parties;
  • (d) not transfer it outside the UK/EEA; and
  • (e) delete it in line with your data retention policy, and in any case not keep it for longer than necessary for the purposes you have indicated to the customer.

16.1 We may assign or transfer any of our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens. You may not assign or transfer your rights or obligations under these Terms to anyone else.

16.2 These Terms are between you and us. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

16.3 Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.4 Each clause in these Terms (and each part of a clause, to the extent such part is divisible) operates separately. If any court or relevant authority decides that any of them is or are unenforceable, the remaining clauses (or parts of a clause) will remain in full force and effect.

16.5 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them will be governed by and construed in accordance with English law.

16.5 We both agree to the exclusive jurisdiction of the English courts to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

FME Request Page Terms of Use. V.0.1 (last updated 11 February 2025)