Energy Savvy

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Terms & Conditions

Welcome to our programme Journey into Self Awareness©. Please read these Terms & Conditions carefully before signing up. If you need further information, please do not hesitate to contact us at info@energy-savvy.com and we’ll aim to respond within 48 hours. These terms are split into four separate parts and here is their order of priority:

  • Course Specific Terms and Conditions and Liability Disclaimer
  • Standard Terms for the Purchase of Online Taught Courses
  • Terms of Use
  • Website Disclaimer

Course Specific Terms and Conditions and Liability Disclaimer

This E-course and its videos, documents and other associated content (hereinafter inclusively referred to as “E-course”) has been produced by Energy Savvy Ltd. When you purchase our E-course, you agree to this Terms of Use and Liability Waiver.

All sales are final for online E-courses. All refunds for purchased online courses are subject to Standard Terms for Purchase of Online and Taught Courses. The supplies and props used for any exercises instructed are not included in the purchasing price of the E-course.

The information in our E-course is for educational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice. Journey into Self Awareness® exercises in our E-course are intended for people who suffer from various light mental health ailments caused by excessive mental stress, worry, anxieties, fears and other forms of mental distresses. However, we make no representations, guarantees or warranties that the information or exercises in our E-course are appropriate for you or will result in improvement of your medical condition or function. The information in our E-course is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues.

The information and instructions in this E-course are not intended to be “mental health therapy” or medical advice, especially since we have not personally examined you and prescribed exercises specific to your individual condition.

Any use of the terms “prescribe” or “prescription” in the E-course is referring to the precision with which the exercise should be done and is not intended to mean the exercises are being prescribed specifically for you or your condition(s). Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems.

Before you begin the exercises in the E-course, you should get medical clearance from your physician if you have any medical conditions, diseases, injuries or disabilities. The same applies, for any form of mental health conditions and before starting you should get medical clearance by your psychologist or psychiatrist. By purchasing this E-course and embarking on the exercises in it, you are assuming the risk that the exercises may not be appropriate for you and may even exacerbate your condition or cause you to have new symptoms and discomforts. It is normal to experience some discomforts after doing an exercise you are not used to doing. However, if for some reason those discomforts increase in intensity or create different symptoms following the practise of our programme, you should immediately stop practising and seek advice from a physician or psychologist/psychiatrist.

By purchasing this E-course, Energy Savvy Ltd. grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted E-course and any associated materials solely for your own personal and non-commercial use. Our E-course is protected under United Kingdom and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our E-course is strictly prohibited. Your purchase of our E-course does not grant you any ownership rights to our E-course. Any breach in the terms of this agreement may result in termination of your access to the E-course materials.

Our E-course may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Our E-course is intended solely for Users who are at least age 18 years of age or older. Any use of or access to our E-course by anyone under such, is unauthorised, unlicensed and in violation of these Terms of Use. By purchasing our E-course, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Energy Savvy Ltd. has sole right and discretion to determine whether to sell our E-course to any individual and may reject a purchase by any individual with or without explanation.

We will respond quickly to claims of copyright infringement as found in our E-course, according to the terms of the Copyright, Designs and Patents Act 1988. If you believe any copyrights are infringed by our E-course, please provide us with a written notice via mail, fax, or email that contains the following information:

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.

When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorised use of your password or any other breach of security.

Standard Terms for the Purchase of Online and Taught Courses

These terms and conditions apply to Services provided by Energy Savvy Ltd (company number 09556313) of 185 West Street, Mansfield, NG20 8XL, UK. You may contact us on customer.service@energy-savvy.com and/or +44 7984001228.

These terms and conditions are in addition to the Course Specific Terms and Conditions, Terms of Use and Website Disclaimer and apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.

If there is any conflict between our Website Disclaimer, Terms of Use, these Terms and Conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:

  • Course Specific Terms and Conditions;
  • Standard Terms for the Purchase of Online and Taught Courses;
  • Terms of Use
  • Website Disclaimer.
  • For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Training Material, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Training Material” means the information provided by Energy Savvy Ltd to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to Energy Savvy Ltd for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Training Material together with such other services as agreed from time to time and purchased by you through the Website or by telephone.

“Taught Course” means a course taught by us in a classroom setting to which you attend in person.

“Website” means www.energy-savvy.com

“you” means the individual purchasing the Services.

2. The Services

2.1) A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2) We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3) We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, healing, professional qualification or employment opportunity from your purchase and completion of any of the Services.

3. Ordering Services

Purchasing Services via the Website

3.1) In order to purchase any of the Services online, you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.

Purchasing Services via the Telephone

3.2) To purchase a Service over the telephone please call +44 1623 740499 or +44 7984 001228. You do not need to have registered for an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your course on-line.

3.3) When you place an order for a Service via the Website, or telephone you are offering to purchase the Services on these terms and conditions. Energy Savvy Ltd reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.

3.4) Following receipt by us of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order.

3.5) A legally binding agreement between us and you shall come into existence when we have :

(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and

(b) received payment of the relevant Fees from you in accordance with clause 5 below.

3.6) Where your order consists of multiple Online Courses or multiple Taught Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.

4. Cancellation and Variation

4.1) Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.

4.2) If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.

4.3) Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and /or variation of course dates will be at the entire discretion of Energy Savvy Ltd.

5. Fees

5.1) The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.

5.2) Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Training Material and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.

5.3) Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit /debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.

5.4) Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Energy Savvy Ltd shall not be responsible for these.

5.5) You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.

6. Liability

6.1) No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

6.2) Although Energy Savvy Ltd aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for

(i) any inaccuracy or misleading information provided in the programmes or Course Training Material and any reliance by Client on any such information,

(ii) any loss or corruption of data,

(iii) any loss of profit, revenue or goodwill, or

(iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3) Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.4) Subject to clause 6.5 below, Energy Savvy Ltd’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.

6.5) Nothing in this Agreement shall exclude or limit Energy Savvy Ltd’s liability for

(i) death or personal injury caused by negligence,

(ii) fraudulent misrepresentation or

(iii) any other matter which under English law may not be limited or excluded.

6.6) No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

7. Intellectual Property

7.1) All Intellectual Property Rights in the Course Training Material, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Energy Savvy Ltd or its licensors, whether adapted, written for or customised for the Client or not.

7.2) You are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Training Material without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given

(iii) use the Course Training Material in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of Energy Savvy Ltd on the Course Training Material;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses. Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

7.3) In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Training Material and the software in respect of the Online Course for the sole purpose of completing the Online Course and /or attending the Taught Course.

8. Confidentiality

8.1) Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

8.2.) Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3) This clause shall continue notwithstanding termination of these terms and conditions.

9. Termination

9.1) We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

  • fail to pay when due your Fees;
  • act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Energy Savvy Ltd, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
  • cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
  • steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
  • intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
  • are intoxicated through alcohol or illegal drugs while on our premises;
  • commit any criminal offence committed on our premises or where the victim is our employee or student;

are in breach of these terms and conditions.

9.2 On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11. Entire Agreement

These terms and conditions, together with the Terms of Use, Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

12. Force Majeure

Energy Savvy Ltd shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

13. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

14. Data Protection

14.1) The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

14.2) When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

14.3) We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Energy Savvy Ltd.

14.3) To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

14.4) We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

14.5) Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

14.6) Energy Savvy Ltd endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

14.7) If you wish to change or update the data we hold about you, please e-mail customer.service@energysavvy.com or contact us on +44 1623 740 499

15. Law and Jurisdiction

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.

16. Notices

You can contact us by any of the following methods:

Email: customer.services@energy-savvy.com

Post: Energy Savvy, 185 West Street, Mansfield, NG20 8XL

Telephone: +44 1623 740 499

TERMS OF USE

These Terms apply to any interaction you have with Energy Savvy. This may be by accessing and using our information, goods and services (“Services”) via websites, mobile applications or other means. Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms, please do not register, subscribe or use our website or purchase any Services from us.

1.1) The agreement in these terms of use (“Terms”) is between you the user (“You”) and Energy Savvy (“We”, “Us” or “Energy Savvy”).

1.2) These Terms will apply any time you use a website owned or operated by us (“Website”), a mobile application or any other means to access our services (“Services”) and by continuing to use or access the Services you accept these terms (“Terms”) and you agree that the Terms will apply to the agreement between you and us (the “Agreement”).

1.3) These Terms may be amended from time to time. Any amendments or new terms will be made available via our Website. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Services you will be deemed to have accepted the new terms.

1.4) Please note that these Terms apply only to the provision of Services by Energy Savvy to you, namely the Course access service we offer allowing you to purchase online classes or courses (“Courses”) which we list on our Website and applications.

1.5) Additional terms may apply to specific Courses, and these additional terms will be set out in the listing for the relevant Course.

Registration

2.1) When using our Services you will be invited to register with us. Registration is not necessary to be able to access the Services. However you will not be able to purchase a course through us if you have not registered and do not have an account with us (“Account”).

2.2) To register we will require that you provide us with your full name and a valid email address. We may require additional information as well. Please note that any personal information that you provide to us will be subject to our data protection obligations which are set out in our privacy policy (“Privacy Policy”). The Privacy Policy forms part of the Agreement.

2.3) You will also be asked to create a password when registering. We recommend that you keep your password confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Services or use our Services they will be deemed to be acting as agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorisation from you, please notify us immediately and we will suspend or close the Account at our discretion.

2.4) You must supply a valid email address when registering so that we can email to you your Course confirmation and any other information about our Services. We will not be held responsible if you fail to provide a valid email address and you do not receive a Course confirmation or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address please contact us immediately to correct the information we hold about you.

2.5) When you register with us you will be asked if you agree to us sending emails to you. If you do not agree to this we will not be able to send you emails with details of promotional offers on Courses or other Services we can offer you. You may also be asked in the future if you agree to us passing your details to affiliates of ours so that they can email you with details of their services, products or special offers. If you agree to receiving emails, either from us or our affiliates, you will be able to unsubscribe to such emails at any time.

2.6) We may suspend or close your account at any time if you are in breach of the terms of this Agreement. If we suspend or close your Account you will not be able to purchase further Courses through us or use any of our other Services and may not be able to access the Services.

Purchases and payment

3.1) You will be able to purchase a Course directly using the Services. At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us making the content available.

3.2) When you indicate that you wish to purchase a Course you will be asked to make payment in full, subject to payment plans valid at the time of purchase. A purchase will not be complete and you will not have secured a place on your selected Course until you have made payment and received confirmation email from us.

3.3) Payment will be made to us via our PayPal account or by credit or debit card.

3.4) Upon receiving notification that you have paid we will confirm the Course and provide access details by email. We may also notify your purchase to the Teacher and where necessary provide him/her with your contact details. By making a purchase you confirm that you consent to us passing your contact details to the Teacher.

3.5) At the point we confirm your purchase a binding agreement will have been formed for the purchase of the Course. Your purchase will always be subject to, and the Course will be provided in accordance with Standard Terms for the Purchase of Online and Taught Courses.

3.6) Your order is an offer to purchase the Course content from us. There will be no contract of any kind between you and us unless and until we actually take payment from you. At any point up until then, we may decline to supply the Course to you without giving any reason. If we take payment and subsequently fail to make available the Course for any reason we will refund you in full. Please note all refunds will be issued to the original method of payment used.

3.7) The prices payable for the Courses that you order are clearly set out on the Website or application on which you make your purchase. If, by mistake, we have under-priced a Course, we will not be liable to supply that Course to you at the stated price.

3.8) All prices are expressed exclusive of any VAT payable unless otherwise stated. Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.

Your Right to Cancel

4.1) You can cancel your order up to 14 days after your order is delivered, subject to clause 4 in our

Standard Terms for the Purchase of Online and Taught Courses.

4.2) How to cancel: Simply email us at customer.service@energysavvy.com or call us +44 1623 740 499 with your order details to cancel your order.

Course Training Material and Content

5.1) The course material will be made available in accordance with the course description and, subject to our right to alter or delete any material, will be accessible for the duration of the course. It will not be accessible (save for a limited period at our discretion) after the course is complete.

5.2) We will use reasonable endeavours to resolve any technical issues which prevent or restrict access to material during the course. Access may occasionally be restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services.

5.3) We accept no responsibility if you lose or delete downloadable material during or after the course although, at our discretion, we may seek to assist recovery.

Termination and Suspension

6.1) We may suspend your account at any time should you be in breach of these terms. Furthermore if you have not registered with us we may suspend your access to the Services if we believe you to be in breach of this Agreement.

6.2) If we suspend your Account or access to the Services for any reason we may refuse to provide you with any Services or the right to purchase further Courses. If you attempt to circumvent this clause by attempting to create a new account we reserve the right to terminate our agreement with you and any existing Account you may have.

User Generated Content

7.1) We may offer opportunities for users to post content via our Services (“Content”).

7.2) We may remove Content from our Websites or applications for any reason but in particular, content which does not comply with our standards may be removed.

7.3) By publishing any Content via our Services you confirm that:

7.3.1) you are the author of the Content;

7.3.2) you own all of the intellectual property rights in the Content (unless the Content consists merely of information)

7.4) Any Content that you publish via our Services will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.

7.5) You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.

7.6) You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content.

7.7) In particular you agree not to publish (or otherwise use our Services to distribute) any Content or engage in any activities which:

7.7.1) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.7.2) harasses any person or advocates harassment of any person;

7.7.3) displays or promotes pornographic or sexually explicit material of any kind;

7.7.4) does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;

7.7.5) is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;

7.7.6) promotes illegal or unauthorised copying of another person’s copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;

7.7.7) provides instruction information about illegal activities, such as making or buying illegal weapons, violating someone else’s privacy or providing or creating computer viruses;

7.7.8) contains or is subject to restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);

7.7.9) solicits passwords or personally identifying information from other users for commercial or unlawful purposes;

7.7.10) involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”;

7.7.11) promotes information that you know to be false or misleading;

7.7.12) contains personal information e.g. names or contact details; or

7.7.13) amount to commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes

7.7.14) involve uploading any files using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.

7.7.15) access our Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

7.7.16) solicit log-in information or accessing an account belonging to someone else.

7.7.17) bully, intimidate, or harass any user of our Services.

7.7.18) do anything unlawful, misleading, malicious, or discriminatory.

7.7.19) do anything to disable or impair the proper working of the Services.

7.7.20) do anything to suggest, express or imply that statements made by you are endorsed by us.

7.7.21) impersonate any other person in any profile whether or not that other person is a user of the Services.

7.8) We reserve the right to remove any Content from our Services at any time and for any reason.

Notice and Take-Down

8.1) We will make all reasonable efforts to identify and remove content that is defamatory or infringing on intellectual property rights when notified but cannot be responsible where you have failed to provide the relevant information.

8.2) In the event that you believe that any content which is made available via our Services is defamatory or infringing on intellectual property right you should notify us in writing either by email to info@energysavvy.com including the following:

8.2.1) Your full name and contact details, including postal address, telephone number and e-mail address;

8.2.2) The exact URL or Service at which the defamatory or infringing content appears;

8.2.3) The content that you believe is defamatory or infringing on intellectual property rights;

8.2.4) The reasons that you believe the content is defamatory or infringing on intellectual property rights;

8.2.5) A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and

8.2.6) A signed declaration of truth in respect of the information in the notice.

8.3) Any statement made under this clause may be used in court proceedings.

8.4) If you come across any offensive, inaccurate or damaging material or if you are subject to any form of abuse or harassment we ask that you contact us immediately by emailing info@energysavvy.com

Viruses, hacking and other offences

9.1) You agree not to upload any files or post or publish any using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s a computer.

9.2) You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.

9.3) 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 registration and right to use our Services will cease immediately.

9.4) We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services.

Availability and Our liability

10.1) We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.

10.2) Our liability to you for all losses under these terms (subject to any liability in accordance with clause 10.5 below) is limited to the total amount you have paid for Courses you have purchased with us.

10.3) No claim may be brought against us in relation to a Course more than 6 months following the date on which you purchased the relevant Course.

10.4) Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.

10.5) Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with our Services you should report it to info@myenergysavvy.com and we will attempt to correct the fault as soon as we reasonably can.

10.6) Your access to our Services may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the Services may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these terms.

Intellectual Property

11.1) The format and content of our Services and all content comprised in a Course is protected by United Kingdom and international copyright and we and the Teachers reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on our Services or Courses.

11.2) Course material is provided for personal use and may not be copied, sold, shared, resold or licensed to any other party.

11.3) Our Services, Websites, applications and other materials may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Services, Websites, applications or other materials without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of our Services, Websites, applications or materials without our express written consent.

International Use

12.1) We make no promise that our Services and the Courses we offer are appropriate or available for use in locations outside the United Kingdom, and accessing our Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access our Services from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.

12.2) You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

General

13.1) These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

13.2) If you breach these terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

13.3) We will not be responsible for any breach of these Terms and Purchase caused by circumstances beyond our reasonable control.

13.4) We may make changes to the content and format of the Services, Websites, applications and materials, at any time without notice.

Website Disclaimer

THE CONTENT PROVIDED IN OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

ENERGY SAVVY LTD. INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. ENERGY SAVVY LTD. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. ENERGY SAVVY LTD. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

IN NO EVENT WILL ESNERGY SAVVY INCLUDING OUR EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF OUR COURSE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENERGY SAVVY LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE COURSE(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

This Terms of Service Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder. Any cause of action by you with respect to our Website or Content must be instituted within six (6) months after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.