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Terms and Conditions

The Energy Check Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using The Energy Check Site you agree to be bound by these Terms and Conditions.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the The Energy Check Site. The changes will apply to the use of The Energy Check Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use The Energy Check Site. If you continue to use The Energy Check Site after the date on which the change comes into effect, your use of The Energy Check Site indicates your agreement to be bound by the new Terms and Conditions.

Registration

To register with The Energy Check you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Password and Security

When you register to use the The Energy Check Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.

If The Energy Check has reason to believe that there is likely to be a breach of security or misuse of the The Energy Check Site, we may require you to change your password.

Excluded Services

The services provided by The Energy Check Site do not include the provision of computer or other necessary equipment to access The Energy Check Site. To use The Energy Check site you will require Internet connectivity and appropriate telecommunication links.

Intellectual Property

The content of The Energy Check Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of The Energy Check Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on The Energy Check Site without written permission from The Energy Check.

No licence is granted to you in these Terms and Conditions to use any trade mark of The Energy Check or its affiliated companies.

Limitations

You may not use The Energy Check Site for any of the following purposes:

  • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
  • transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
  • gaining unauthorised access to other computer systems
  • interfering with any other person's use or enjoyment of The Energy Check Site
  • breaching any laws concerning the use of public telecommunications networks
  • interfering or disrupting networks or web sites connected to The Energy Check Site
  • making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

The Energy Check reserves the right to refuse to post material on The Energy Check Site or to remove material already posted on the Energy Check Site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

  • any claim by any third party that the use of The Energy Check Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
  • any claim by any third party that the use of The Energy Check Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
  • any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of The Energy Check Site by you.

Availability of The Energy Check Site

Although The Energy Check aims to offer you the best service possible, The Energy Check makes no promise that the services at The Energy Check Site will meet your requirements. The Energy Check cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) and we will attempt to correct the fault as soon as we reasonably can.

Your access to The Energy Check Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Energy Check will attempt to restore the service as soon as it reasonably can.

The Energy Check's liability

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.

Nothing in these Terms and Conditions shall exclude The Energy Check's liability for personal injury or death caused by its negligence.

Third Party Websites

As a convenience to The Energy Check customers, The Energy Check Site may include links to other web sites or material which are beyond its control. The Energy Check is not responsible for content on the Internet or World Wide Web pages on any other site outside The Energy Check Site.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

International Use

The Energy Check makes no promise that materials on The Energy Check Site are appropriate or available for use in locations outside the United Kingdom, and accessing The Energy Check Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and The Energy Check ignores this, The Energy Check will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

The Energy Check shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

The Energy Check App

In this section 13, “Content” means any image, photograph, picture, text, artwork, file, sound, graphic, data or other similar materials submitted or uploaded to, via, through or in connection with the App and “Media” means any means of conveying information, whether now known or hereafter devised.

The Energy Check and any The Energy Check subcontractor or representative (including PrioritySMS, Energylinx) disclaim all warranties and limit all liabilities arising out of or related to the App to the fullest extent permissible under law. In particular, both The Energy Check and any The Energy Check subcontractor or representative disclaim all liabilities in connection with the following:

  1. Incompatibility of the App with any of your equipment, software or telecommunications links;
  2. Any loss or damage caused to any of your equipment by use of the App;
  3. Technical problems including errors or interruptions of the App;
  4. Unsuitability, unreliability or inaccuracy of the App;
  5. Inadequacy of the App to meet your requirements.

You hereby grant to The Energy Check and where applicable any The Energy Check subcontractor or representative a worldwide, perpetual, irrevocable, nonexclusive, royalty free, fully-paid up, transferable right and license, with the right to sublicense (through multiple tiers) in respect of all of your intellectual property and other rights in the Content to copy, make derivative works of, distribute, transmit, publicly perform, publicly display, modify or adapt the Content, in whole or in part, for any and all purposes, in any manner, using any Media.

You acknowledge that The Energy Check owns or is the licensee to all right, title and interest in and to this App, including all rights under patent, copyright, trademark and all other proprietary rights including all applications, renewals, extensions and restorations thereof, granted by and under any and all applicable laws.

You warrant that you will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the App.

Win Partner Tickets competition terms and conditions

1.  THE PROMOTER  

The promoter is: The Energy Checking Company Limited of Unit 4 Waverley Business Park, South Shields, Tyne & Wear, NE33 1LE.

2.  THE COMPETITION  

2.1  The title of the competition is Win Partner Tickets

3.  HOW TO ENTER  

3.1  The competition will run from Midday on 12th July 2019 (the “Opening Date”) to 11:59pm on 31st July 2019 (the “Closing Date”) inclusive.

3.2  All competition entries must be received by the Promoter via Facebook or Instagram as prescribed by no later than 11:59pm on the Closing Date. All competition entries received after the Closing Date are automatically disqualified.

3.3  To enter the competition:

Entry requires entrants to either 1. LIKE The Energy Check’s Facebook page and COMMENT with the entrant’s preferred prize, or 2. LIKE the post on Instagram and COMMENT with the entrant’s preferred prize.

3.4  No purchase necessary.

3.5  The Promoter will not accept:

(a)  responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or

(b)  proof of posting or transmission as proof of receipt of entry to the competition.

3.6  By submitting a competition entry, you are agreeing to be bound by these terms and conditions.

3.7  Please see www.theenergycheck.co.uk for a copy of these competition terms and conditions.

3.8  The competition entries will be drawn at random overseen by a panel of two judges within 14 days of the Closing Date. The decision of the panel of judges (acting reasonably) will be final.

3.9  The Promoter will send the full names of the judges to anyone who writes within one month after the Closing Date of the competition requesting details of the judges and who encloses a self-addressed envelope to the address set out at Condition 1.   

4.  ELIGIBILITY  

4.1  The competition is only open to all residents in the UK aged 18 years or over, except:

(a)  employees of the Promoter or its holding or subsidiary companies;

(b)  employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or

(c)  members of the immediate families or households of (a) and (b) above.

4.2  In entering the competition, you confirm that you are eligible to do so and eligible to claim the prize. The Promoter may require you to provide proof that you are eligible to enter the competition.

4.3  The Promoter will not accept competition entries that are:

(a)  automatically generated by computer;

(b)  completed by third parties or in bulk;

(c)  illegible, have been altered, reconstructed, forged or tampered with;

(d)  photocopies and not originals; or

(e)  incomplete.

4.4  There is no limit on the number of entries to the competition. However, entries on behalf of another person will not be accepted and joint submissions are not allowed.

4.5  The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition.

4.6  Competition entries cannot be returned.

5.  THE PRIZE  

5.1  The prize is a pair of tickets to the entrant’s preferred event or season ticket. There are 8 pairs of tickets available to be won.  

5.2  The prize is not negotiable or transferable.

5.3  Entry requires entrants to either 1. LIKE The Energy Check’s Facebook page and COMMENT with the entrant’s preferred prize, or 2. LIKE the post on Instagram and COMMENT with the entrant’s preferred prize.

6.  WINNERS  

6.1  The decision of the Promoter or the judges nominated by the Promoter is final and no correspondence or discussion will be entered into.

6.2  The Promoter will contact the winner personally as soon as practicable after the Announcement Date, using a direct message on Facebook or Instagram to request a telephone number or email address. Once provided, further correspondence will be handled via telephone or email. The Promoter will not amend any contact information once the competition entry has been submitted. 

6.3  The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of the prize winner and, if applicable copies of their winning entries, to anyone who emails marketing@theenergycheck.co.ukor writes to the address set out in Condition 1 (enclosing a self-addressed envelope) within one month after the Closing Date of the competition.

6.4  If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter via email at marketing@theenergycheck.co.uk. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.

7.  CLAIMING THE PRIZE  

7.1  Please allow 14 days for delivery of the prize which will be sent out via post to the winner’s preferred postal address.

7.2  The prize may not be claimed by a third party on your behalf.

7.3  The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 7 days of the Announcement Date, the Promoter reserves the right to offer the prize to the next eligible entrant selected from the correct entries that were received before the Closing Date.

7.4  The Promoter does not accept any responsibility if you are not able to take up the prize.

8.  LIMITATION OF LIABILITY  

Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

9.  OWNERSHIP OF COMPETITION ENTRIES AND INTELLECTUAL PROPERTY RIGHTS  

9.1  The Promoter does not claim any rights of ownership in your competition entry.

9.2  By submitting your competition entry and any accompanying material, you agree to:

(a)  assign to the Promoter all your intellectual property rights with full title guarantee; and

(b)  waive all moral rights,

In and to your competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

9.3  You agree that the Promoter may, but is not required to, make your entry available on its website [WEBSITE] and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes.

10.  DATA PROTECTION AND PUBLICITY  

10.1  The Promoter will only process your personal information as set out in the https://theenergycheck.co.uk/privacy_cookies.html. See also Condition 6.3 and Condition 6.4, with regard to the announcement of winners.

11.  GENERAL  

11.1  If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.

11.2  The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.

11.3  These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.

About The Energy Check

The Energy Check Site is owned and operated by The Energy Checking Company Limited, incorporated and registered in England and Wales with company number 09163306 whose registered office is at Unit 4, Waverley Business Park, South Shields, Tyne and Wear, NE33 1LE

If you have any queries, please contact Customer Services at welcome@theenergycheck.com

The Energy Checking Company Limited. Company number 09163306. Copyright © 2018 The Energy Checking Company Limited
The Energy Checking Company Limited, 4 Waverley Place, Waverley Business Park, South Shields, NE33 1LE, UK