Vibrant » legal Notices
legal Notices

Registered in England and Wales
Registration number: 06755736
Registered Office: 2 Foxes Lane, Oakdale Business Park, Blackwood, Gwent, NP12 4AB
VAT Registration Number: 943 0943 22

Terms and Conditions
IMPORTANT NOTICE TO ALL USERS: YOU SHOULD READ THIS CAREFULLY BEFORE VIEWING THIS SITE. THIS SETS OUT THE CONDITIONS WHICH GOVERN YOUR USE OF THIS SITE AND YOUR USE OF ANY MATERIAL THAT MAY BE MADE AVAILABLE THROUGH THIS SITE. YOU MUST NOT USE THIS SITE IN ANY WAY UNLESS YOU AGREE THE FOLLOWING CONDITIONS.

Introduction
Welcome to vibrantenergymatters.co.uk (the “Site”). In these terms and conditions, the expressions “we” and “us” (and “vibrantenergymatters.co.uk “) means Vibrant Energy Matters Ltd and its subsidiaries and subsidiary undertakings from time to time (as those expressions are defined in sections 736 and 258 respectively of the Companies Act 1985 (as amended). The Site is owned and operated by Vibrant Energy Matters registered in England and Wales, company number 06755736. Registered at 2 Foxes Lane, Oakdale Business Park, Blackwood, Gwent, NP12 4AB. VAT registration number 943 0943 22. The terms and conditions set out below constitute an agreement between you (the user) and us and set out the conditions upon which you may view the Site and access the information, products, material and services available on the Site. We reserve the right to alter the Site and any of the terms, conditions and provisions of the Site (whether contained in the Legal Notice, these Terms and Conditions of Use, the Privacy Policy or elsewhere), at any time. It is your responsibility (as user) to visit the terms, conditions and provisions of the Site regularly and thoroughly.

English Law
The terms, conditions and provisions of the Site (including, without limitation, the Privacy Policy) shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts.

Invalidity
If any of the terms, conditions and provisions of the Site shall be unlawful, void or for any purpose unenforceable the particular term, condition or provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms, conditions or provisions.

Access to Site
Unless otherwise specified the information on the Site is directed solely at those who access the Site from the United Kingdom (of Great Britain and Northern Ireland) and at those who are residents of the United Kingdom (of Great Britain and Northern Ireland).

Content and Information
The description of the properties offered by us or our agents or content providers contained in the Site are for information purposes only. The information and descriptions contained herein are not intended to be complete descriptions of all the features. While we endeavour to ensure that the information and description is accurate and up-to-date we cannot guarantee this. Any reliance on the information contained in the Site is at your own risk. We disclaim all warranties (expressed or implied) as to the accuracy or completeness of the information or materials contained on or linked to from the Site. You should (where relevant) consult the hard copy particulars relating to the property in which you are interested. These particulars are available from the branch address shown.

Legal Exclusions and Limitations
While we take every care to ensure that the standard of the Site remains high and to maintain the continuity of the Site, the Internet is not a stable medium and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any on-going obligation or responsibility to operate the Site (or any particular part of it) or to provide the services offered on the Site. In addition, we make no representations or warranties about the accuracy, completeness, and freedom from viruses, availability, reliability or suitability for any purpose of the information and related graphics published on the Site (including all texts, advertisements, links or other items) which may contain technical inaccuracies and typographical errors. The Sale of Goods Act(s) and all other legislation from time to time that imply terms into contracts is/are expressly excluded from application to the Site and the services supplied in connection with it to the fullest extent permitted by law.

We and all content providers and contributors to the Site disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever whether arising in tort, contract, equity or otherwise and arising out of or in relation to or in connection with your access to or use of or inability to use the Site.

We are not providing any legal, accounting or any other professional advice or opinion on specific facts or matters and (other than in the case of fraudulent misrepresentations and representations expressly made in these terms and in our Privacy Policy) we exclude all representations and offer no warranties. Neither we nor any of our directors, officers, employees or agents will be liable for damages arising out of or in connection with the use of the Site or the information contained in it. This is a comprehensive limitation of liability that applies to all damage of any kind including (without limitation), compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of opportunity, loss of or damage to property and third party claims save that nothing in the terms, conditions and provisions of the Site shall exclude or restrict liability for death or personal injury resulting from our negligence or that of our directors, officers, employees or agents.

On the Site you may be offered various links to other sites which we hope you will be interested in and enjoy. We do not accept any responsibility for the content of those sites, the owners of which do not necessarily have any association, commercial or otherwise with us.
Nothing contained in the Site shall form a contract or part of a contract other than as expressly provided and other than the terms, conditions and provisions of the Site.
Where appropriate your statutory rights are not affected by these Terms and Conditions of Use.
We expressly do not accept responsibility for the content and information on the linked sites and we do not accept responsibility (without derogation from the above) for the views, sound recordings, video or other graphics expressed on the linked sites.

Copyright
All design, text, graphics, codes, files, links and the selection or arrangement therefore is copyright owned by or licensed to us or third parties associated in the presentation of the Site. Permission is granted to copy electronically and print in hard copy portions of the Site solely for the non-business related purpose of using the Site to seek information of the kind shown by the Site. Any other use of materials on the Site (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.

Trade Marks
vibrantenergymatters.co.uk its contents and all Rights therein are owned by Vibrant Energy Matters Ltd, “Rights” means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) vibrantenergymatters.co.uk is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms and applicable copyright, trademark and other laws govern your use of such Rights.

You may view, print, download or temporarily store extracts from vibrantenergymatters.co.uk for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Vibrant Energy Matters.co.uk material or content from the site. You acknowledge that you will not acquire any Rights by downloading or otherwise using any vibrantenergymatters.co.uk content or materials.

Force Majeure
We shall not be liable to you for any breach of conditions of use or any failure to provide or delay in us providing our services through our Site resulting from any event or circumstance beyond our reasonable control including (without limitation) strikes, lock-outs and other industrial disputes, break-down of systems or network access, fire, explosion or accident failure of any third party telecommunications or service provider.

Rights of Third Parties
The Contracts (Rights of Third Parties) Act 1999 (hereafter the Act) shall not apply to any agreement between you and us governed by these terms and conditions and no rights or benefits expressly or impliedly conferred by any such agreement shall be enforceable under the Act against the parties to it by any other person or entity.

Amendments
We reserve the right to amend these Terms from time to time without notice to you. Please check the Terms periodically to see whether a change has been made to them. If you do not agree with any change in these Terms please discontinue further use. Your continued use of vibrantenergymatters.co.uk will signify your acceptance of any change in the Terms set out here.

From time to time Vibrant Energy Matters may supplement these Terms with additional terms applying to specific content or events (“Additional Terms”). Any Additional Terms will be clearly placed on vibrantenergymatters.co.uk to be viewed in connection with the specific content or events. All Additional Terms will form part of these Terms. Vibrant Energy Matters may modify or discontinue vibrantenergymatters.co.uk with or without notice to you and without liability to you or any third party.

Registration
When you register with us you are stating that you are eighteen [18] years of age or over [We do not allow persons who we know to be 17 years of age or younger to register with vibrantenergymatters.co.uk.]

You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up-to-date at all times. Details of the information that we collect and how this is used is contained within our Privacy Policy.

Your use of vibrantenergymatters.co.uk
vibrantenergymatters.co.uk may only be accessed manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is specifically forbidden. You may not attempt to build a copy of our data or reverse engineer our processes. Where address information is located on vibrantenergymatters.co.uk, in our details, code, reports, forms and search results, you may not use such information to contact any party.

You may use vibrantenergymatters.co.uk and any printed details/reports, for your own research, study or other uses that do not infringe upon the copyright of Vibrant energy Matters. You may not publish or reproduce any part of the data or work derived from the data without our specific written permission. vibrantenergymatters.co.uk may not be used to send chain letters, junk mail, ‘spam’, solicitations (commercial or non-commercial) or bulk communications of any kind. You must not use vibrantenergymatters.co.uk or any part of Vibrant Energy Matters in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another’s computer.

Breach of these terms of service may make you liable to civil legal action and or criminal prosecution.

Blogs and Forums
By submitting content, which shall include your member name, to any “public area” of vibrantenergymatters.co.uk, including message boards, forums and contests, you grant Vibrant Energy Matters a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any member to access, display, view, store and reproduce such content for personal use.

By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licenses stated above. Subject to the foregoing, the owner of such content placed on vibrantenergymatters.co.uk retains any and all Rights that may exist in such content.

Third Party Web Sites, Goods and Services
vibrantenergymatters.co.uk provides links to third party web sites that are not affiliated with Vibrant Energy Matters (although Vibrant Energy Matters branding, advertisements or links may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.

All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and Vibrant Energy Matters will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against Vibrant Energy Matters with respect to any such sites.

Subject to the terms of our Privacy Policy, Vibrant Energy Matters may, from time to time, send email messages to you containing advertisements or promotions including links to third parties. Vibrant Energy Matters makes no representation or warranty with respect to the quality, suitability, or functionality of any goods or services which may be obtained from third parties as a consequence of these e-mails, and you agree that Vibrant Energy Matters shall have no liability with respect thereto.

Termination and Remedies for breach of these terms by you
Vibrant Energy Matters will be entitled to restrict, suspend or terminate your membership or deny you access to vibrantenergymatters.co.uk or take such other action as Vibrant Energy Matters deems appropriate if Vibrant Energy Matters determines, in its sole discretion, that you are in breach any of the Terms or Vibrant Energy Matters considers in its sole discretion that your use of vibrantenergymatters.co.uk is inappropriate or otherwise unacceptable.

The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which Vibrant Energy Matters may have against you in respect of your breach of these Terms of Service.

Vibrant Energy Matters shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Vibrant Energy Matters in its sole discretion considers reasonably necessary or appropriate

Indemnification
You agree to indemnify and hold each of Vibrant Energy Matters, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of vibrantenergymatters.co.uk, the violation of these Terms of Service by you, or the infringement by you, or any other person, of your account, or of any intellectual property or other right of any other person or entity.

The Privacy Policy forms part of the terms, conditions and provisions of the Site and specifically forms part of these terms and conditions of use. Your use of or registration via the Site constitutes your acceptance of these terms and conditions and the Privacy Policy as amended from time to time.

Legal Notice Reminder
If you do not agree to these terms and conditions which are the conditions of use for the Site, you should immediately cease to use the Site. In your using the Site (or in your continuing to use the Site) you are consenting to the terms, conditions and provisions of the Site as amended from time to time. This website is owned and operated by Vibrant Energy Matters.

All contents copyright © 2011 Vibrant Energy Matters Ltd. All rights reserved.

Privacy Policy
In this Privacy Policy references to Vibrant Energy Matters (and to ” vibrantenergymatters.co.uk “) shall mean Vibrant Energy Matters Limited and those trading as Vibrant Energy Matters including the trading names of Vibrant Energy Matters Limited and its subsidiaries and subsidiary undertakings from time to time (as those expressions are defined in sections 736 and 258 respectively of the Companies Act 1985 (as amended)) and Vibrant Energy Matters Limited shall be the data controller. As owners of the vibrantenergymatters.co.uk site (“the Site”) we are committed to ensuring that your privacy is protected in accordance with the law. This Privacy Policy explains how we use the personal information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy. By registering with the Site you give consent to the use of your information as set out in this Privacy Policy.

1. The information we collect and how we use it

1.1 Certain parts of the Site can be used without registration, if you are not a registered user of the Site and only visit the Site then the activities and terms outlined in clauses 1.5, 2 and 5 are applicable to your usage of the Site. Some services will require you to register with the Site and when you register to use the Site we need to know your name, address and other contact details.

1.2 We gather this information to allow us to process your registration, confirm your identity, open an account for you, provide you with the vibrantenergymatters.co.uk service and tailor individual services to suit your needs. The relevant information is then used by us, our agents and sub-contractors to communicate with you on any matter relating to the conduct of your account and for the provision of the vibrantenergymatters.co.uk service in general. Your information may also be transferred or forwarded to other members of Vibrant Energy Matters or its group for administration, marketing or information gathering and similar purposes. Any calls that you make to our customer team may be recorded for the purposes of our business management, training and security.

1.3 We may, during the course of your usage of the Site, request additional relevant information to provide some of the specific services offered in connection with the Site, this could include details such as previous property ownership and financial details for mortgage purposes. This information may be shared with third parties where they are involved in the delivery of goods or services. In such instances all information provided to the third party will be subject to the terms of this privacy policy and those of the relevant third party privacy policy, details of which will be made available via the Site or by inclusion in any initial correspondence/documentation that is provided.

1.4 The services provided through the Site may be supplied by third parties and therefore we will pass on to the relevant party the information it requires in order to fulfil your needs. In order that we are able to monitor usage of the Site, supplier performance and customer satisfaction these third parties will pass certain information such as fulfilment and complaints data back to us. In addition, third parties who provide content or functionality through the Site or via links from the Site may require information to be collected on the Site or via links from the Site or may pass such information back to us. In such instances all information received will be subject to the terms of the relevant third party privacy policy (in cases where they receive information) or this Privacy Policy (in instances where we receive information) and at all times handled in accordance with the relevant data protection legislation.

1.5 We may use your information to contact you about related goods and services that may be of interest to you., This may involve sharing some or all of your information with carefully selected third parties.

1.6 On occasion we carry out surveys or other promotional activities which may be for our own benefit or for more general interest. Participation in any survey is entirely optional.

1.7 From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may occasionally contact you including by post, email or telephone to ask you for your feedback and comments on our services.

1.8 We may also wish to provide you with information about special features of our Site or any special service or products which we think may be of interest to you.

1.9 Vibrant Energy Matters reserves the right to sell or otherwise provide your information to carefully selected third parties who wish to use your information for marketing purposes.

1.10 Vibrant Energy Matters would also like to keep you informed (by telephone, post or e-mail) of selected products and services available from us and our carefully chosen suppliers. If you would prefer not to receive this information please let us know by either sending an e-mail message to enquiries@vibrantenergymatters.co.uk or by writing to us at our registered address.

1.11 For your protection, and training purposes, telephone calls may be recorded and monitored.

1.12 If you do not wish to receive marketing communications from any part of the Vibrant Energy Matters group, please email us at enquiries@vibrantenergymatters.co.uk stating that you do not wish to receive such marketing communications.

1.13 If you do not wish to receive marketing communications from any of our carefully selected third parties, please email us at enquiries@vibrantenergymatters.co.uk stating that you do not wish to receive such marketing communications.

2. Our use of Cookies

2.1 A cookie is a small piece of information that a site puts on your hard disk or stores in your computer’s memory so that it can remember something about you at a later time. It is a mechanism that allows the server to store its own information about a user on the user’s own computer. This is because each request for a web page is independent of all other requests, so the web page server has no memory of what pages it has shown you or anything about your previous visits. A cookie records your preferences when using a particular site, ensuring that you are not shown the same information and/or are only shown information you have stated that you are interested in. In order to use the Site you agree to let cookies be saved as they are an important part of navigation of the Site.

2.2 We or our third party advertisers may also use cookies to monitor the effectiveness of advertising on the Site.

3. How we protect your information

3.1 In line with the requirements of the Data Protection Act 1998 we follow strict security procedures to ensure that personal information is not damaged, destroyed or disclosed to a third party without your permission and to prevent unauthorised access to your information. The Information that we collect is stored in a secure facility with restricted physical access. We also use a number of security measures to prevent electronic access. Where information is shared with third parties in line with this policy similar security measures are used to protect your information.

3.2 The access to and use of the information that we collect is restricted to our employees who need the information to perform a specific job role or activity. Where information is shared with third parties in line with this policy similar security measures are used to protect your information.

3.3 Your information will not be transferred outside of the European Economic Area.

3.4 We will retain your information for a reasonable period or for as long as is required by law.

3.5 The Internet is not a secure medium and as such you acknowledge and agree that Vibrant Energy Matters shall not, to the fullest extent permitted by law, be liable to you for any unauthorised user, distribution, damage or destruction of personal data. When you register to use vibrantenergymatters.co.uk you will be asked to create a password. It is your responsibility to choose a secure password. You must keep this password confidential and must not disclose it to or share it with anyone. You will be responsible for all activities that occur under your password and If you know or suspect that someone else knows your password you should notify us immediately.
3.6 Please ensure you keep your password confidential and remember to log out by closing down the browser windows when not using the Site to prevent unauthorised access.

4. Updating your details

4.1 If any of the information that you have provided to vibrantenergymatters.co.uk changes, for example if you change your e-mail address or name please send an email message to enquiries@vibrantenergymatters.co.uk.

5. Your consent
5.1 BY SUBMITTING YOUR INFORMATION YOU GIVE YOUR CONSENT TO THE USE OF THAT INFORMATION AS SET OUT IN THIS POLICY. If we change our Privacy Policy we will post the changes on this page, and may place notices on other pages of the Site, so that you may be aware of the information we collect and how we use it. We will also e-mail you should we make any significant changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.

5.2 Where in any case you provide information about individuals other than yourself you warrant that you have obtained that person’s consent to the use of such information.

6. How to contact Vibrant Energy Matters

6.1 We welcome your views about the Site and our Privacy Policy. If you would like to contact us with any enquires or comments please send an e-mail to enquiries@vibrantenergymatters.co.uk