(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you register with our website, we will ask you to expressly agree to these terms of use.

We will not file a copy of these terms of use specifically in relation to each user and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that users print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

(2) Licence to use website

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from this website (including republication on another website);

(b)      sell, rent or sub-license material from the website;

(c)      show any material from the website in public;

(d)     exploit material on our website for a commercial purpose;

(e)      edit or otherwise modify any material on the website; or

(f)      redistribute material from this website, except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(3) Acceptable use

Unless you are a registered member of our website, you must not access or attempt to access any area on the website that is restricted to registered members; and unless you are a premium member, you must not access or attempt to access any area of the website that is restricted to premium members.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(4) Registered members

Registered users will have access to such additional features on our website as we may from time to time determine in our sole discretion. Such additional features may include:

(a)     the facility to complete a detailed personal profile on the website, to publish that profile on the website, and to restrict the publication of elements of that profile;

(b)     the facility to send private messages via the website to other registered users; and

(c)    the facility to create a diary of events.

Access to certain on our website is restricted to premium members (referred to as “green members” on the website). You may become a premium member by following the procedure detailed on our website. You will have the opportunity to identify and correct input errors prior to ordering your premium membership.

The premium membership charges will be as set out on our website from time to time. All premium membership charges stated on the website are stated inclusive of any applicable VAT (unless the context requires otherwise). You must pay to us the charges in respect of the first and any subsequent period of your premium membership in advance, in cleared funds, in accordance with the instructions on our website. We may vary charges from time to time by posting new charges on our website. However, such variations will not affect premium memberships that have already been paid for. Your premium membership will be activated automatically following receipt of your charges in cleared funds. Your premium membership will continue for the relevant period set out on our website, subject to early termination in accordance with these terms of use.

During the period of your premium membership, you will be able to access, using your login and password details, additional functionality as detailed on the website from time to time.

Under the Distance Selling Regulations in the UK, consumers have certain rights to cancel contracts for services entered into at a distance, within 7 working days of the date the contract is concluded. However, the cancellation rights under the Regulations cease if the provision of the services begins, with the consent of the consumer, during the cancellation period. You hereby acknowledge and agree that we will begin the provision of premium membership services as soon as we have received your premium membership fee payment and, accordingly, that you will have no right to cancel a premium membership under the Regulations.

We provide each registered user with a login and password to enable the user to access the restricted areas of our website. Users must ensure that their login and password details are kept confidential.

(5) Your content

In these terms of use, “your content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, whether for publication on our website, transmission via our website, storage on our servers, or any other purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and undertake that your content will not be illegal or unlawful, will not infringe any third party's legal rights, and will not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You warrant and undertake that your content (and its publication on our website) will not:

(a)     be libellous or maliciously false;

(b)     be obscene or indecent;

(c)   infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)     infringe any right of confidence, right of privacy, or right under data protection legislation;

(e)     constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime;

(g)     be in contempt of any court, or in breach of any court order;

(h)     be in breach of racial or religious hatred or discrimination legislation;

(i)      be blasphemous;

(j)      be in breach of official secrets legislation;

(k)     be in breach of any contractual obligation owed to any person;

(l)     depict violence in a explicit, graphic or gratuitous manner;

(m)     be pornographic or sexually explicit;

(n)     be untrue, false, inaccurate or misleading;

(o)     consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)     constitute spam;

(q)     be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

You warrant and undertake that your content will be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(6) Limited warranties

We warrant to premium members that the premium membership service will be provided with reasonable care and skill, that we will use reasonable endeavours to maintain the availability of the website (subject to scheduled maintenance) during the term of a premium membership.

You acknowledge that some of the information published on this website is submitted by users, or provided by third parties, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a)     to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b)     we will not be liable for any consequential, indirect or special loss or damage;

(c)     we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d)    we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(e)    our maximum liability in relation to any event or series of related events will be limited to the amount of any premium membership fees you have paid us during the 12 month period preceding the event or events.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

As a member of our website community, you agreed to the publication of comments relating to you, by others, on our website. You acknowledge that such comments may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, irrespective of whether we are aware or ought to have been aware of such comments.

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(9) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)     send you one or more formal warnings;

(b)     temporarily suspend your access to the website;

(c)     permanently prohibit you from accessing the website;

(d)     block computers using your IP address from accessing the website;

(e)    contact your internet services provider and request that they block your access to the website;

(f)     bring court proceedings against you for breach of contract or otherwise;

(g)    suspend and/or delete your account with the website; and/or

(h)    delete and/or edit any or all of your user content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

In addition to our rights and remedies above, if a premium member breaches these terms of use in any way, or if we reasonably suspect that a premium member has breached these terms of use in any way, we may cancel the premium membership. Where we cancel your premium membership for this reason, or take any other action against you under this Section, we will not refund to you the premium membership charge.

We may also cancel premium memberships on 30 days' written notice without cause. Where we cancel your premium membership on this basis, we will refund to you all charges paid by you to us in respect of any period of premium membership after the date of effective termination of the premium membership (which amount will be calculated by us using any reasonable methodology).

(10) Advertisers

We may also agree with a company or business (an advertiser) that they may advertise their products or services on our website.

For the avoidance of doubt, the provisions of Sections 3 and 5 apply to all content advertisers supply for publication on the website. In addition, such content must comply with the provisions of the Advertising Standards Association's Committee on Advertising Practice Codes.

The following matters will be agreed in writing between us and the advertiser in question:

(a)     the charges payable by the advertiser;

(b)     the due date for payment of the charges by the advertiser;

(c)     the period for which an advertisement or a series of advertisements will be published; and

(d)     other specific terms and conditions relating to advertisers.

(11) Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(12) Trade marks

1energy and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(13) Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

(14) Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(15) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a premium member and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(16) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(17) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(18) Entire agreement

Subject to the first paragraph of Section 7, these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(19) Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law.

We may bring and pursue proceedings against you under these terms of use and/or in relation to the use of our website in any jurisdiction in which you are situated, resident or (in the case of corporations) are incorporated, or in which you have a permanent place of business. Subject to this, any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

(20) Our details

The full name of our company is 1energy Limited.

We are registered in England & Wales under registration number 06752490.

Our registered office address is 1energy Limited, 75 Phoenix Way, Wandsworth, London SW18 2PW, England.

You can contact us by email to thinkgreen@1energyportal.net