THE ENERGY EVANGELIST
TERMS OF BUSINESS 01/2020
Terms and Conditions
Introduction
These Conditions apply to all Services provided by the Energy Evangelist @ Energy Price Saver Ltd or our authorised representatives or subcontractors (us/our/we/Energy Evangelist/Energy Price Saver) to the recipient of such supplies (you/your).
Interpretation
The following definitions and rules of interpretation apply in this Agreement.
1.1 Definitions:
Agreement: the agreement between the Customer and Energy Evangelist @ Energy Price Saver Ltd for the supply of Services as supplied by Energy Evangelist @ Energy Price Saver Ltd and these Conditions;
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
Commencement Date: will be the date on which the subscription commenced;
Conditions: these terms and conditions as amended from time to time in accordance with Clause 2.3;
Data Protection Legislation: all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK, including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK);
Existing Contract: the contract which is binding between yourself and your energy supplier at the Commencement Date;
Services: the services, including monitoring, providing quotations, recommending and advising and any other services we may supply as part of this Agreement.
Subscription: the services we may supply as part of the Agreement.
Warranty
2.1 ALL WEBSITES, SERVICES AND PRODUCTS ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITES, SERVICES, PRODUCTS OR WRITTEN MATERIALS IN THE TERMS OF ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY OUR COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR COMPANY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.
Customer Remedy
3.1 Our company’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement or refund to thirty days. All remedies are limited to the United Kingdom.
Supply of Services
4.1 We shall use all reasonable endeavours to supply the Services to you in accordance with the subscription.
4.2 We shall use all reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
4.3 We reserve the right to amend the subscription and these Conditions if necessary to comply with any applicable law or regulatory requirements, or if the amendment will not materially affect the nature or quality of the Services, and we shall notify you in any such event.
Termination
5.1 This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all web sites, along with all related documentation and all copies and installations. Energy Evangelist @ Energy Price Saver Ltd may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And is entitled to terminate all or any part of any of its website without notice to you.
Copyrights
6.1 This web site and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material.
License
7.1 All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
7.2 Our company reserves all rights not expressly granted here.
Estimates Disclaimer
8.1 Materials in our service and our website may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
8.2 Any and all forward looking statements here or on any of our sales material are intended to express our opinion of savings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody elses, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
TERMS AND CONDITIONS OF USE
9.1 If you don’t agree with these terms do not use the site. Your continued use of the Web site means that you accept those changes.
9.2 We reserve the right to make any modifications that we deem necessary at any time.
Restrictions on Use of Our Online Materials
10.1 All Online Materials on the site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by Energy Price Saver Ltd.
10.2 You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and proprietary notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.
10.3 You may not copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
10.4 Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by or third-party licensors for your personal, non-commercial home use only. We do not transfer the title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
11.1 All remarks, suggestions, ideas, graphics, comments, or other information that you send to through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.
11.2 We don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our mission, without compensating you or anyone else for them.
11.3 You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Links to Other Site
12.1 We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Energy Evangelist / Energy Price Saver - operated site or have moved to another site.
12.2 Energy Price Saver / Energy Evangelist is not responsible for the content or practices of third party sites that may be linked to our site.
12.3 When Energy Price Saver / Energy Evangelist provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that is connected with, operates or controls these websites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any site or endorsement, sponsorship or support of, including its respective employees, agents or directors.
Your obligations
13.1 You shall:
13.1.1 Ensure that any information you provide is complete and accurate;
13.1.2 Cooperate with us in all matters relating to the provision of Services
Data protection and data processing
14.1 We each will comply with all applicable requirements of the Data Protection Legislation. This Clause 14 is in addition to, and does not relieve, remove or replace, either of our obligations under Data Protection Legislation.
14.2 You acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and the Energy Price Saver Ltd is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
14.3 Without prejudice to the generality of Clause 14.1, you will ensure that you have all necessary and appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to us for the duration and purposes of the Agreement.
14.4 We may collect Personal Data from our correspondence with you for the purpose of providing you with the Services and/or for identification purposes. If Personal Data is needed to meet legal obligations after the Agreement has expired then this will be kept for a period of 3 years. After 3 years any Personal Data not needed will be deleted.
14.5 We may on occasion pass your Personal Data to third parties exclusively to process work on our behalf. We require all third parties to process this data based on our instructions and requirements consistent with this Clause 14 and the Data Protection Legislation. We will not pass on any Personal Data gained under the Agreement without your consent.
14.6 We may be required to disclose your Personal Data in order to comply with legal requirements.
GDPR Compliance Statement
Energy Price Saver Ltd (“Energy Price Saver”) respects and complies with the EU General Data Protection Regulations (GDPR).
15.1 Some of the key ways we comply with these regulations are:
Consent
We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.
Breach Notification
In the event of a breach we will notify affected users within 5 working days of first having become aware of the breach.
Right to Access
Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format.
Right to be Forgotten
Once we have compared your (the subjects') rights to "the public interest in the availability of the data", we may delete your personal data where you have requested this.
Data Portability
We allow you to receive the personal data concerning you, which we will provide in a 'commonly used and machine readable format' and you have the right to transmit that data to another ‘controller’.
Privacy by Design
We implement appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
16.2 Privacy policy
16.2.1 - What do we do with your information?
If you choose to fill in a contact form on our website, we will store that information for 12 months and only use it for the purpose of contacting you in relation to that enquiry.
Email marketing: With your explicit permission, we may send you emails about our products and other updates.
16.2.2 - Consent
How do you get my consent?
When you provide us with personal information we ask you to explicitly consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
16.2.3 - Disclosure
We may disclose your personal information if we are required by law to do so.
16.2.4 - Data Storage
Your data is stored through Energy Price Saver’s data storage and databases. We store your data on a secure server behind a firewall.
16.2.5 - Third-party services & links
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
When you click on links on our site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
16.2.6 - Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your personal information, the information is encrypted using secure socket layer technology (SSL) and stored with industry-standard encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we implement generally accepted industry standards.
16.2.8 - Changes to this privacy policy
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
16.3 How do I withdraw my consent? Questions and contact information.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at the address below. Or if you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at :-
[email protected] or mailing us at: Energy Price Saver Limited, 37, Pinewood Ave., Bolton Le Sands, Carnforth, United Kingdom.
Limitation of liability
17.1 Nothing in these Conditions limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation.
17.2 Subject to Clause 17.1 and Clause 17.3, Energy Price Saver’s total liability to you shall not exceed £1,000,000. The total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising in connection with the provision of the Services.
17.3 Subject to Clause 17.1, Energy Price Saver Ltd shall not be liable to you for any of the following:
(i) Loss of profits
(ii) Loss of sales or business
(iii) Loss of agreements or contracts
(iv) Loss of anticipated savings
(v) Loss of use or corruption of software, data or information
(vi) Loss of or damage to goodwill
(vii) Indirect or consequential loss
17.4 Except as is set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
17.5 This Clause 17 shall continue to have full effect following the expiry or termination of the Agreement.
Sub-Contracting
18.1 Energy Price Saver Ltd shall have the right to subcontract any of our obligations under the Agreement but Energy Price Saver Ltd shall remain liable for the performance of the Services subject to the terms of these Conditions.
Governing law
19.1 The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction
20.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the provision of Services to you by the Energy Evangelist @ Energy Price Saver Ltd.