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Terms & Conditions and Privacy Policy
1. Parties
This Agreement is made between you the customer ( “Customer”) and Earthwhile Ltd, Company No 06056072 registered in the UK having its registered office at Jubilee House, 32 Duncan Close, Moulton Park, Northampton NN3 6WL (“Earthwhile”).
2. Definitions
In this Agreement unless the context otherwise requires:
“We”, “Us” and “our” and related expressions refer to earthwhile.co.uk;
“You”, “Your”, “Customer” and related expressions refer to the user of the Service and/or Our Site.
“Our Site” means the website with address www.earthwhile.co.uk.
“Internet” means the global data network comprising interconnected networks using the TCP/IP (“Transmission Control Protocol/Internet Protocol”);
“Law” means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Earthwhile or the Customer is from time to time subject;
“Service” means the service provided by Earthwhile via the earthwhile.co.uk website whereby the customer may obtain information on the services and products they offer and, potentially transact with for the provision of those services and/or products; “Software” means any proprietary software utilised by Earthwhile to enable the customer to use the Service;
“Supplier” means any supplier of services, products and/or goods selected by Earthwhile from time to time;
“Product/s” means goods offered for sale via the earthwhile.co.uk website;
“Returns Policy” means the written document as displayed on earthwhile.co.uk
3. Provision of the Service
Use of the Services and the earthwhile.co.uk website are subject to the terms and conditions set out in this Agreement.
3.2 The Service is made available to Customers solely to communicate information and to permit the Customer to purchase products. All such transactions are subject to the terms set out in this Agreement and those within the Returns Policy. Earthwhile will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).
3.3 You warrant that You are of sufficient legal age and capacity to enter into this Agreement and to use this Service to create binding legal obligations.
3.4 The Customer acknowledges that where relevant Earthwhile may pass his or her details or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers. Earthwhile will obtain the Customers consent to sending such details to Suppliers or potential suppliers.
3.5 Earthwhile will use reasonable endeavours to ensure that the information relating to Products and Services and the cost of such services is updated regularly and is accurate, and we will rectify errors and omissions as soon as practicable after being notified of them. However, We do not accept responsibility for third party data and therefore disclaim all warranties and representations as to the accuracy of any such information.
3.6 Our Site may contain links to the other websites, which are provided solely as a convenience to You and not as an endorsement by Earthwhile of the contents of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites.
3.7 Earthwhile does not guarantee to provide the Service free of faults. In the event of a fault in the Services, You should report it to Us using the contact information provided on Our Site.
3.8 Earthwhile does not warrant that the Customer’s use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all.
3.9 Business Energy Exchange may at any time withdraw any Product of services from the Service.
3.10 The following uses of the Services are expressly prohibited:
a) resale of the Services and/or Products without the prior written consent of Earthwhile;
b) submitting false data including but not limited to false names, addresses and contact details and the fraudulent use of credit/debit card numbers;
c) circumventing, or attempting to circumvent, Our security or network including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks;
d) executing any form of network monitoring which will intercept data not intended for the Customer;
e) to send or receive any material which is grossly offensive of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
f) to cause annoyance, inconvenience or needless anxiety;
g) to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
h) other than in conformance with accepted Internet practices and practices of any connected networks; or
i) in any way is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
4. Payment
4.1 Use of the earthwhile.co.uk website is currently free. However, Earthwhile reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.
4.2 Your payment is processed by Verisign through a Secure Socket Layer (SSL). Your credit and/or debit card details are not disclosed to Earthwhile and We hold no records other than to collect or refund your payment.
5. Buyers Obligations
5.1 Earthwhile will allocate a password to the Customer to enable the Customer to use the Services and the Customer must keep the password confidential and immediately notify Earthwhile if any unauthorised third party becomes aware of that password. The Customer agrees that any person to whom its user name or password is disclosed is authorised to act as the Customer’s agent for the purposes of transacting via the Service.
6. Intellectual Property Rights
6.1 All web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials on Our Site are copyright of Earthwhile and its affiliates, or its content and technology providers.
6.2 The trademarks, logos and service marks displayed on Our Site (collectively, the “Trade Marks”) include registered or unregistered trademark belonging to Us, Our affiliates, Suppliers, and various third parties.
6.3 Nothing contained on Our Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trade Marks without the written permission of the owner of the Trade Marks.
6.4 Neither Our Site, nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without Our prior written permission, except as expressly permitted by law.
6.5 You shall retain ownership of the data you submit to Our Site. You agree that if You submit suggestions, ideas, comments or questions or post any other information on Our Site, You grant us and Our affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, copy, modify, adapt, distribute, publish, display and transmit such content in any form, media or technology. We take no responsibility and assume no liability for any content posted or submitted by You (save where such message is transmitted by way of private correspondence).
6.6 Earthwhile grants the Customer a non-transferable licence to use such Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
7. Indemnity
7.1 The Customer shall indemnify Earthwhile against each loss, liability or cost incurred by Earthwhile arising out of: any claims or legal proceedings arising from Your use of the Services which are brought or threatened against Earthwhile by any other person; or any breach of this Agreement by You.
8. Exclusion of Liability
8.1 In performing any obligation under this Agreement, Our only duty is to
exercise reasonable care and skill.
8.2 Earthwhile do not warrant and exclude all liability in respect
of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service via Our Site, or otherwise sent toYou.
8.3 Earthwhile endeavour to allow uninterrupted trouble-free access to Our Site, We do not warrant that Our Site will operate free from error, nor do We warrant that use of Our Site will not result in damage to Your computer or Your computer becoming infected with a computer virus or other harmful components. You are therefore advised to take suitable precautions and harmful components. You are therefore advised to take suitable precautions and to use Your own anti-virus software at all times.
8.4 Due to the nature of electronic transmission of data over the Internet, any liability we may have for any losses or claims arising from an inability to access Our Site, or from any use of Our Site or reliance on the data transmitted using Our Site, is excluded to the fullest extent permissible by law.
8.5 Except as otherwise provided herein, Earthwhile shall not have any liability other than in respect of: death or personal injury arising from its own negligence or that of its employees, agents or contractors while acting in the course of their employment by Earthwhile; or any liability of Earthwhile which cannot by Law be excluded or restricted.
8.6 Subject to the liability which we accept in clause 8.4: We Shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Service for any indirect loss, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.
9. Exclusion of liability for third party providers’ products and services
9.1 Your attention is drawn to the fact that when purchasing goods or services from a third party Supplier though Our Site or through Our Services, You may be subject to further terms and conditions in respect of such goods or services purchased, which may be imposed by such terms and conditions is at Your own risk. You should check that You agree to those terms and conditions before making an application or entering into any transaction.
10. Data Protection and Privacy
10.1 Earthwhile is committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for two reasons: firstly, to process your switch/order and second, to provide you with the best possible services.
10.2 Use of Your personal information will in all cases be with Your consent and subject to any rights You may have as a Data Subject under the Data Protection Act 1998 as amended from time to time.
10.3 The type of information we will collect about you includes: your name, address, phone number, email address, credit/debit card details. We will never collect sensitive about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by contacting us. If you find any inaccuracies we will delete or correct it promptly. All information that we hold will be held securely in accordance with our internal security policy and the Law.
10.4 We may use technology to track the patterns of behaviour of visitors to Our Site. This can include a “cookie” which would be stored on your browser. Information collected by Cookies is non-personal and helps Us to provide You with a better service and assists Us to analyse the profile of our visitors. You can usually modify your browser to prevent this happening.
11. Assignment
11.1 You shall not assign or delegate or otherwise deal with all or any of Your rights or obligations under this Agreement. Earthwhile shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
12. Force Majeure
12.1 Business Energy Exchange shall not be liable for breach of its obligations under this Agreement where it is hindered or prevented from carrying out its
obligations by any cause outside its reasonable control, including without limitation by lighting, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
13. Entire Agreement
This Agreement, together with any terms and conditions incorporated herein or referred to in it, represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other written agreements or representations by either party, whether oral or written, and may not be amended or modified except in writing or by making such amendments or modifications available on Our Site.
14. Termination
14.1 Earthwhile may terminate or suspend your access to the Service at any time.
14.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the Agreement between us for any reason.
14.3 The right to terminate this Agreement shall not prejudice any other right or remedy of Earthwhile in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
15. Notices
15.1 Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than for the purpose of legal process) sent by fax or pre-paid post to the Customer at the address supplied on Our Site.
16. General
16.1 This Service, and the content of Our Site is directed solely at Customers who access the site from the United Kingdom, and in the specific case of domestic energy products or services, Customers who reside in Great Britain. We make no representation that any product or service referred to on Our Site is available or otherwise suitable for use outside of the United Kingdom (or in the case of energy products and services, outside of Great Britain).
16.2 These terms and conditions shall be deemed severable. In the event that any provision is held by a court of law to be unlawful, invalid or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such finding shall not affect the validity and enforceability of any other remaining provisions.
16.3 If We fail to enforce a right under this agreement, that failure will not prevent Us from enforcing other rights, or the same type of right on a letter occasion.
16.4 We reserve the right to modify these terms and conditions without notice. All such amendments to these terms will be posted on Our Site. Your continued use of Our Site will be deemed to constitute acceptance of the terms and conditions in force at the time of use.
16.5 Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
17. Governing Law
17.1 This Agreement shall be governed by construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.
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