Terms & Conditions of use
By accessing or using the website (the "Site"), you acknowledge and agree to the disclaimers, terms and conditions ("Terms") set forth below. If you do not agree to these Terms, you should not use the Site. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes as by using the Site after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them.
APPLICABILITY OF TERMS AND CONDITIONS
These Terms apply to your use of the Site which is operated and owned by Energia, Mill House, Ashtowngate, Navan Road, Dublin 15 ("Energia"). Energia is the retail arm of The Viridian Group PLC. By using the Site, you agree to be legally bound by these Terms just as if you had signed this agreement. These Terms may be supplemented by additional terms and conditions pertaining to specific content and activities, for example, if you sign up to receive electricity from us, you will be asked to accept our terms and conditions for the supply of electricity. You agree and understand that such additional terms and conditions are hereby incorporated by reference to these Terms.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and the material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
All materials incorporated in or accessible through the Site (including the look and feel of the Site), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Energia, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Site in the ordinary course or as a resource for purchasing the services offered through the Site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
"Energia" has been registered as a trade mark by Viridian Energy Supply Limited. The trade mark or any other trade mark (registered or unregistered) of Energia may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Energia.
PRIVACY AND SECURITY
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Statement (please see Privacy Statement Tab above). You should review our Privacy Statement, which is incorporated into these Terms by this reference.
The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Energia of the content on such third party websites. Energia is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.
Energia generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site's homepage (and no deeper within the Site) and provided we give our consent to the establishment of such links. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.
If you wish to submit an online application to purchase electricity from Energia on the Site, you will be asked to supply certain information, including information about your business and premises, copies of recent electricity bills, direct debit or other payment information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree for and on behalf of your organisation to pay all charges incurred on your account at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.
Energia reserves the right to refuse any orders placed on the Site for any reason. Orders may be delayed or cancelled if Energia is not given completely accurate information and/or is unable to contact the person who has placed the order.
DISCLAIMERS OF WARRANTIES
THIS SITE IS PROVIDED BY ENERGIA ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENERGIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY OR INFRINGEMENT.
Neither Energia or Viridian Group plc nor any of their affiliates, nor any of their respective licensors, licensees, service providers or suppliers warrant that the Site or any function contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the site available are free of viruses or other harmful components. Please note that no advice or information, obtained by you from our personnel or through the Site shall create any warranty not expressly provided for in these terms or in our customer supply contract. These disclaimers apply to the fullest extent permitted by law.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IF YOU DO NOT ACCEPT THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE.
Energia is not responsible for any injury and or damage to any individual as a result either directly or indirectly of any information published on this Site. The accuracy of the information is not guaranteed and does not constitute business or other professional advice and is subject to change and therefore Energia cannot accept responsibility for any loss damage or expense incurred upon using the information.
CODES OF PRACTICE
Energia has created a Customer Charter
YOUR SUBMISSIONS TO US
You agree not to use the Site or cause or permit the Site to be used:
- so as to jeopardise or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network
- for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material
- to harvest or otherwise collect information about others, including e-mail addresses, without their consent
- to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs
- contrary to the terms and conditions of any Internet Service Provider whose services you may use.
GOVERNING LAW AND JURISDICTION
The Site has been created and is controlled by Energia in Ireland. These Terms will be governed by, and construed and enforced in accordance with, the laws of Ireland. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Irish courts.
These Terms (including the Privacy Statement contained on the Privacy Statement Tab above) constitute the entire agreement between Energia and you with respect to your access to and use of the Site and any third-party site accessed through the Site. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Nothing in these Terms is to be construed to contradict or vary the terms of our Customer Supply Contract and in the event of any conflict between these Terms and our Customer Supply Contract, the latter shall prevail.
If for any reason you wish to contact us, we can be reached at:
Energia, Mill House, Ashtowngate, Navan Road, Dublin 15, Ireland
Tel: 1850 36 38 44
Fax: 01 869 2050