Taking part in invited experiences
You will need to register and satisfy the following minimum eligibility criteria:
- You must be at least 18 years of age;
- A current E.ON Next customer
To register, you must provide us with accurate, complete and up-to-date contact information, including but not limited to name and email address. You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.
You are the only authorised user of your account and, accordingly, you must not disclose information to anyone else. You should contact us immediately upon discovering any unauthorised use of your membership (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose to will be treated as if the breach or use had been carried out by you and will not relieve you of your obligations to us.
Access to experiences is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide (see below). We will not be liable if for any reason Our technology is unavailable at any time or for any period.
From time to time, we may restrict access to some experiences, for E.ON Next Your Say members.
If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
You are responsible for making all arrangements necessary for you to have access to the experiences. You are also responsible for ensuring that all persons who access our experiences through your internet connection are aware of these Terms of Use, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights via invited experiences, and the material published via them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the experiences for your personal reference.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials we share for commercial purposes without obtaining a licence to do so from us or our licensors.
By submitting your comments, photos, and videos you agree that we are able to use these in company presentations and reports, though we will not disclose any of your personal contact details in doing so.
All trademarks appearing via the technology we use are owned by or licenced to us (unless specifically stated otherwise) and nothing shall be construed as conferring by implication or otherwise any licence or right to use any of those intellectual property rights displayed other than in accordance with these Terms of Use.
Reliance on information
Commentary and other materials posted via our experiences are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any member, or by anyone who may be informed of any of the experience’s contents.
Our liability
The Internet is by its nature an unreliable medium. Consequently, you accept that experiences invited to are offered on an ‘as is basis’ and ‘as available basis’. Whilst we take all reasonable steps to ensure that technology we use is properly functioning at all times, we do not warrant that it will be un-interrupted, timely, secure or error free, that defects will be corrected or that the server that makes it available are free of software viruses or bugs or other defects.
The material displayed via experiences you will be invited to is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our experiences or in connection with the use, inability to use, or results of the use of our technology, any websites linked and any materials posted, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our experiences
We process information about you in accordance with our Privacy Policy.
Uploading material via our technology
Whenever you make use of a feature that allows you to upload material such as ideas, opinions, suggestions, mini-polls, surveys, videos, pictures or anything else (the “Material”) via our technology, you must ensure it is acceptable. You warrant that any such contribution does comply with our standards, and you indemnify us for any breach of that warranty.
Any Material you upload via our technology will be considered non-confidential and non-proprietary, and we have the right to use, copy, create derivative works from, distribute and disclose for any purpose with considered permission. By submitting Material via our technology, you warrant that:
- you have the right to make it available to us;
- the Material is not defamatory;
- the Material does not infringe any law or rights or interests of any 3rd party in any country of the world, and in particular that the Material does not plagiarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal publicity or proprietary rights;
- we will have the right to disclose your identity to any third party who is claiming that any Material posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy; and
- that we will be able to use the Material as reasonable use for the provision of our clients insight and for as long as we may require it.
We will not be responsible, or liable to any third party, for the content or accuracy of any Materials posted by you or any other user via our technology.
You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication and the other purposes specified above.
Viruses, hacking and other offences
You must not misuse our technology 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 the server(s) on which data is stored, or any server. You must not attack our technology via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to be a member of E.ON Next Your Say will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our technology or to your downloading of any material posted on it, or on any website linked to it.
Links from our technology
Where our technology contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
These terms and your use of this Website shall be governed by and construed in accordance with English Law.
By accepting these Terms and Conditions and using our technology, you accept that any dispute under these Terms and Conditions or arising out of use of our technology shall be subject to the exclusive jurisdiction of the English courts and by using our technology you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
Those persons outside England and Wales who choose to use our technology from their own jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.
Variations
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
Contact Us
If you have any concerns, please contact us via the helpdesk help@eonnextyoursay.com.