ENERGY EARTH UK TERMS OF WEBSITE USE

ALSO SEE - UK Terms and Conditions of Supply

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms, and what’s their scope?

These terms tell you the rules for using our website www.energyearth.com or any site hosted by a member of the EnergyEarth group, or which may include the EnergyEarth logo (our site), when accessing our site from the UK or using our site to transact with Energy Earth Limited, a UK incorporated company (for more information see, “Who we are and how to contact us”)

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

www.energyearth.com is a site operated by Energy Earth, LLC, a US incorporated company with address at 501 Cumberland Street, Chattanooga, Tennessee, 37404 USA, in conjunction with other member of the EnergyEarth group, which means the subsidiaries of Energy Earth, LLC as defined in section 1159 of the UK Companies Act 2006 ("We"). In the UK, we trade through our UK subsidiary, Energy Earth Limited, which is registered in England and Wales under company number 10700442 and which has its registered office at 66 Prescot Street, London E1 8NN, United Kingdom.  Our main trading address, for UK purposes, is 501 Cumberland Street, Chattanooga, Tennessee, 37404 USA.

Energy Earth Limited is a limited company.

To contact Energy Earth Limited, please email yourperksrewards@energyearth.com or telephone our customer service line on 0800 029 1561.

By using our site you accept these terms

By using, and accessing, our site from the UK, or using our site to transact with Earth Energy Limited, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site in the UK:

  • Our UK Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our UK Cookie Policy, which sets out information about the cookies on our site.
  • Our UK Perks Points Program Terms, which sets out the terms on which you may participate in the UK Perks Points Program.

If you purchase goods from Energy Earth Limited via our site, our UK Terms and conditions of supply will apply to those sales. If you access our site from outside of the UK, or purchase goods from from another member of the Energy Earth group, such as Energy Earth, LLC, different terms may apply.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on May 17th, 2017.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site, or its features (or revoke any or all of your rights to the same, including all passwords and accounts identifiers issued to you) for business and operational reasons, including if we consider you to have breached these UK Terms of Use or our content standards. Where reasonable, we will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

You will create an account password, which will enable you to access and use certain portions of our site. Each time you access our site from or in connection with the UK, you will be deemed to be authorized to access and use our site in a manner consistent with these UK Terms of Use, and we have no obligation to investigate the authorization or source of any such access or use of our site. You will be solely responsible for all access to and use of this site by anyone using your access, whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transactions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and account identification assigned to you. You shall immediately notify us of any unauthorized use of your password or account identification or any other breach or threatened breach of our site's security.

We have the right to disable any account identification or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these UK Terms of Use.

If you know or suspect that anyone other than you knows your account identification or password, you must promptly notify us at yourperksrewards@energyearth.com.

How you may use material on our site

Our site has been designed to provide general information about EnergyEarth and to provide a means for you to order products or obtain product information/education.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

While the statistics and calculations shown on the site reflect assumptions based on the best of our ability using general national (UK) average data, your specific results may be higher or lower based on attributes which may differ from our assumptions (example: cost per kW hour).

Submissions or opinions expressed on our site are that of the individual expressing such submission or opinion and may not reflect the opinion of EnergyEarth.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • 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 the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our UK Terms and conditions of supply.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

Content standards

You shall not upload to, distribute, or otherwise publish through our site any content, information, or other material that (a) violates, misappropriates, or infringes on, the copyrights, patents, trade marks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, abusive or promotes violence or illegal activity, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, be likely to deceive or mislead any person, or give rise to any civil or criminal liability under UK or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, the “Content Standards”.

You warrant that any such contribution does comply with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the Content Standards.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the Content Standards.

If you wish to link to or make any use of content on our site other than that set out above, please contact yourperksrewards@energyearth.com.

Which country's laws apply to any disputes?

Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Our trade marks are registered

"ENERGYEARTH”, “ENERGY EARTH”, “ENERGYEARTH.COM”, “ENERGYEARTH.COM SUPERSTORE”, “USE LESS. GET MORE”, “ENERWIZ”, “ASK ENERWIZ”, “ENERBIZ” and “4EVERLED” are US registered trade marks of Energy Earth, LLC. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.