FInd My Ecodan Terms Of Use

1.1 About these Terms. These Terms cover your use of the Find My Ecodan tool (“FME Tool”). You should read them carefully. You may wish to save a copy for your records. Capitalised terms are defined in Section ‎

1.2 About us. In these Terms, when we refer to “we”, “our” or “us” we mean Mitsubishi Electric Europe B.V. (UK Branch), a Netherlands 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.

The FME Tool allows users to assess the Product requirements for a Property located in England, Wales, Scotland or Northern Ireland. It can also estimate energy costs, potential savings and carbon emissions calculations. Any Output Reports accessed by you from the FME Tool and any contact requests made by you to the Installer are based on your inputs to the FME Tool and do not represent an offer by us to sell you Products or Services.

3.1 Our Privacy Policy. You can find the Privacy Policy for the FME Tool at https://les.mitsubishielectric.co.uk/find-my-ecodan-privacy-policy. This explains what personal data we collect, why we collect it and what we do with it. You should read it carefully.

3.2 Our Cookies Notice. You can find the Cookies Notice for the FME Tool at Cookie Policy | Mitsubishi Electric. This explains our use of cookies and similar technologies in the FME Tool. You should also read it carefully.

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

• • (a) Consumer: means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
  • (b) Device: means the device you use to access and use the FME Tool, including PCs, smart phones and tablets.
  • (c) Find an Installer Function: means the non-mandatory Installer search function on the FME Tool to connect you to an Installer regarding the Project.
  • (d) Installer(s): 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) Output Reports: means collectively the Personalised Report and Summary Report.
  • (f) Partner Programme: means the Mitsubishi Electric accreditation program for Installers who provide Services in relation to the Products.
  • (g) Personalised Report: means a finalised report of the Product recommendation and estimated running cost calculations for the Property.
  • (h) Product(s): means the range of “Ecodan” air source heat pumps manufactured by Mitsubishi Electric and its affiliates.
  • (i) Project: means your potential interest in the purchase of Products and/or Services from the Installer.
  • (j) Property: means the property for which you wish to assess the suitability of the Products.
  • (k) Services: means services provided by the Installer in relation to the Products including but not limited to site surveys, assessments, installation, after care and maintenance.
  • (l)Summary Report: means an initial summary of the Product recommendation and estimated running costs generated by the FME Tool before the production of the Personalised Report.
  • (m)Terms: means the terms and conditions set out in this document which govern your use of the FME Tool.
  • (n) Website: means the URLhttps://www.findmyecodan.co.uk/
  • (o) you/your/user: means you, i.e. the person who accesses and uses the Ecodan Selection Tool and accepts these Terms.

5.1 By clicking ‘Agree’ on the landing page of the Website you accept these Terms as legally binding and agree to comply with them. You will be required to accept these Terms each time before you access the FME Tool.

5.2 We may update these Terms from time to time and will indicate at the end of the page when these Terms were last updated.

6.1 Subject to these Terms, we allow you to use the FME Tool on your Device to determine the suitability of the Product for your Property. These permissions end when you leave the Website. We may also withdraw your access to the FME Tool. See Section ‎13 for more details.

6.2 The FME Tool is made available to you free of charge. We cannot guarantee that the FME Tool will suit your particular needs or be continuously available or without interruption. If you are a Consumer, you have certain rights that can’t be limited by a contract like these Terms. These Terms are in no way intended to restrict those rights.

6.3 You will not be able to store data in the FME Tool or recover any data previously entered by you into the FME Tool. We own all intellectual property rights in and to the FME Tool (including but not limited to the Output Reports) and any output data generated by your accessing and use of the FME Tool.

7.1 You acknowledge that your use of the FME Tool is for indicative purposes only and the Output Reports are estimates only, which are made in reliance on the information you provide and other assumptions made by us based on your Property (relating to energy costs and usage), specifically:

• • (a) The FME Tool is not designed to provide site-specific data for your Property. You are strongly recommended to consult an Installer for a site survey, which should include an assessment of any insulation works that may be required for your Property and any other improvements such as pipework and radiator upgrades necessary for the efficient operation of Products.

• • (b) Energy costs of operating a Product in your Property and potential energy savings against energy costs of other heating systems (e.g. gas or oil-fired boilers).

• • (c) Energy costs associated with the operation of the Product will be affected by factors beyond our control such as the level of insulation at your Property and your Property’s build type. Performance will also be affected by system design including appropriate design and selection of heating system components such as the hot water cylinder, thermal efficiency of radiators/pipework, the external physical location of the Products and operational settings i.e. how you use the heating system.

7.2 You agree and acknowledge that:

• • (a) energy cost data shown in the Output Reports are based upon indicative costs per kWh of energy;
  • (b) Product energy cost data is based upon the indicative cost of electricity; and
  • (c) the actual energy costs of operating the Product will depend on the market costs.

8.1 This section contains important restrictions on your use of the FME Tool. Specifically, you will:

• • (a) not re-sell or make the FME Tool available to anyone else;
  • (b) use the FME Tool in accordance with all applicable laws;
  • (c) not use the FME Tool for designing any system requiring any real-time fail-safe performance environment and particularly any application-critical heating or hot water supply;
  • (d) not copy, adapt, modify, disassemble, de-compile, reverse engineer or create derivative works from or based on the FME Tool;
  • (e) not introduce any virus, worm, logic bomb or other software to the FME Tool and not otherwise harm the FME Tool;
  • (f) deploy up to date commercially available firewalls and anti-virus software and install updates promptly on any equipment you use to access the FME Tool and to receive any Output Reports from us; and
  • (g) be responsible for the payment of all charges to your internet service provider or mobile device carrier incurred as a result of using the services and acknowledge that we have no responsibility for such charges.

9.1 Following the generation of the Summary Report and Personalised Report, you can elect to utilise the Find an Installer Function to contact an Installer regarding your Project. Installers are independent third parties, not employed or otherwise engaged to act on behalf of us.

9.2 You are free to instruct an Installer (or other third party), in relation to the Project. When you engage an Installer (or other third party) for the Project, you shall be solely responsible for the terms of any contract you have entered into with your Installer (or other third party), and for any reliance placed on any aspect of their work.

9.3 We neither warrant, represent, endorse or recommend the content of the FME Tool nor the skill, qualifications, experience, performance, workmanship, Services or advice of any Installer, irrespective of whether or not an Installer may have received training in the installation and servicing of Products or any other accreditation by us.

9.4 We do not warrant, represent or give any other commitments in relation to the functionality; quality; accuracy; or output deriving from, and/or contained within, any goods or services delivered or performed by an Installer (whether recommended or not) (or other third party). We shall not be liable for any direct, indirect, special or consequential loss, damage, liability or expense incurred or suffered which you claim has resulted from your engagement of an Installer (or other third party).

10.1 You shall receive a notification from us via the email address you provided after the following:

• • (a) when you request to download the Personalised Report;
  • (b) when you use the Find an Installer Function to contact an Installer regarding the Project; and
  • (c)when the Installer accepts and/or rejects your Project.

10.2 You may contact us:

• • (a) via our email address: ecodanselectiontool@meuk.mee.com; and/or
  • (b) by post, addressed to Find My Ecodan, Mitsubishi Electric Europe B.V., Travellers Lane, Hatfield, Herts, AL10 8XB, United Kingdom,

and your question or request will be directed to the most appropriate person.

10.3 Please note that you can opt out of any request you have made to receive our marketing communications at any time by unsubscribing using the link provided in any email communication from us or by contacting us as above.

10.4 Any email communication (and any notices relating to the suspension and termination of FME Tool) will be deemed to have been effective at the time it was sent if the relevant party can demonstrate that it sent the communication. It is therefore important that you always maintain a valid email address.

10.5 Any postal communication will be deemed effective two working days after the relevant party can demonstrate it was posted.

11.1 [Certain third-party software components in the FME Tool are licensed on open-source terms. You can find details of some of these licences in our open-source notice page at insert URL.

11.2 All intellectual property rights in and in relation to the FME Tool (including the Output Reports we make available in connection with the FME Tool) belong to us or our licensors. Except to the extent expressly granted to you in Section ‎1, we reserve all our intellectual property rights in or in relation to the FME Tool (including the Output Reports we make available in connection with the FME Tool). Nothing in these Terms shall have the effect of transferring any intellectual property rights to you.

11.3 If any person claims that the FME Tool infringes their intellectual property rights or we otherwise determine that the FME Tool may infringe the intellectual property rights of any person, then we may (at our discretion):

• • (a) modify the FME Tool to avoid such infringement; and/or
  • (b) immediately withdraw the FME Tool.

12.1 Please note that these Terms do not cover the sale, installation or use of Products or Services. These Terms solely cover your use of the FME Tool for indicative guidance relating to the suitability of the installation of Products for your Property and providing estimated energy costs and savings calculations.

12.2 We do not accept any liability for (i) the acts or omissions of the person or entity that sold you and/or installed the Products (including any Services ); and (ii) your use of, or defects in, the Products, under these Terms. This is covered in more detail in Section ‎9 – ‘Your Relationship with Installers’.

12.3 These Terms do not exclude or limit our liability to you:

• • (a) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • (b) for fraud or fraudulent misrepresentation; or
  • (c) to the extent we may not otherwise exclude or limit our liability by law. If you are a Consumer, the limit on our liability in Section ‎8 does not apply to our breach of implied rights under the UK Consumer Rights Act 2015.

12.4 Subject to Section ‎3, you must make any claim against us promptly after you become aware that we may have breached these Terms.

12.5 Subject to Section ‎3, we are not responsible for:

• • (a) loss or damage that is not caused by our breach of these Terms;
  • (b) any loss or damage that was not, at the time these Terms came into effect between you and us, a reasonably foreseeable consequence of us breaching these Terms; or
  • (c) loss or failure to achieve any anticipated savings or wasted expenditure resulting from your reliance on the FME Tool (including the Output Reports) or any output data produced by it.

12.6 For the purposes of this Section ‎6, “Business User” means a user of the FME Tool who is not a Consumer. Subject to Section ‎12.3, if you are a Business User, we expressly exclude our liability for: (i) loss of profit; (ii) loss of revenue; (iii) loss of opportunity; (iv) loss of contract; (v) loss of anticipated savings; (vi) loss of goodwill or reputation; (vii) business interruption; (viii) wasted expenditure; (ix) damage to Devices; (x) loss or corruption of data (whether such data is stored in the FME Tool, your Device, or in other equipment or repositories) (in the case of (i) to (x) whether such losses are direct or indirect); and (xi) all indirect and consequential loss.

12.7 If you are a Consumer, the FME Tool causes damage to your Device or other digital content on your Device and such damage is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you appropriate compensation (which shall be limited to the cap set out in Section ‎8).

12.8 Subject to Sections ‎3 to ‎12.6, our total, aggregate liability to you for losses arising out of or in connection with these Terms, whether in contract, tort (including negligence), for breach of statutory duty or otherwise shall not exceed one hundred (£100) pounds.

We may withdraw your access to the FME Tool with immediate effect for any reason.

14.1 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 and we will ensure that the assignment or transfer will not affect your rights under these Terms. You may not assign or transfer any of your rights or obligations under these Terms to anyone else without obtaining prior written consent from us.

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

14.3 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.

14.4 Each Section of these Terms (and each part of a Section, 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 Sections (or parts of a Section) will remain in full force and effect.

14.5 These Terms may only be modified by an agreement in writing between both you and us or by us in accordance with Section ‎2.

14.6 These Terms will be governed by and construed in accordance with English law.

14.7 We both agree to the exclusive jurisdiction of the English courts, provided that:

• • (a) we may bring infringement proceedings in any jurisdiction where such cause of action arises; and
  • (b) where you are a Consumer in Scotland, you can bring legal proceedings in respect of the FME Tool either in the Scottish courts or the English courts; and
  • (c) where you are a Consumer in Northern Ireland you can bring legal proceedings in respect of the FME Tool in either the Northern Irish courts or the English courts.

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