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Terms and Conditions

In conjunction with your Energy supply terms and conditions, this page states the terms and conditions under which you may use the Energia Extra site.

Before you use the services available on energia.extra.ie we ask that you take the time to read our terms and conditions. By using this website and/or any voucher or offer herein, you are deemed to have accepted these terms and conditions and any others indicated with such offering.

Website Maintenance

The website is hosted, operated and maintained by WIN | WIN. Registered office: Argyle Square, Donnybrook, Dublin 4 with the permission of Energia to use its marks and logos. No permission, licence or authority for any other party, including customers or suppliers is granted to use Energia marks or logos herein.

WIN | WIN with the permission of Energia may revise these terms and conditions at any time by updating this posting. Any changes in these terms and conditions will be effective immediately when they are posted on the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. You should visit this page periodically to review the terms and conditions.

Eligibility Requirements

This site and offers are provided solely for the use of customers of Energia. A supplier on the website may seek proof of eligibility to provide you with a special offer or service. No cash alternative to offerings are available, nor are offers / promotions transferable, save as may be permitted by suppliers in their sole discretion. You must remain an Energia customer and not in breach of any of the terms of your agreement with Energia to avail of these promotional offers.

In order to maintain access to Energia Extras registered customers must have logged into this site within the previous 6 months. If you have registered for this service but have not logged in within the last 6 months your Energia Extra account will have become dormant and you will need to re-register to reactivate your Energia Extras account.

Obligations of Suppliers

Any use of discounts / offers herein and any subsequent contract, which is concluded between you and a supplier, arising from your use of the website or such offers, is solely between you and that supplier.  Whilst we (both WINWIN and Energia) aim to ensure that products and services offered on this website meet your needs, we are not responsible for the supply of same or any issues with the nature of the goods/services, which is a matter between you and the supplier. However, we understand there may be times when you do not receive the service you expect. Where this may be the case we invite you to contact both the supplier and ourselves. This will assist us in selecting appropriate suppliers for this website.

All travel rewards are booked through the company WIN | WIN Travel. All travel offers on this programme must be booked through WIN | WIN Travel to be deemed valid. Once travel bookings have been made your contract will be with the participating Airline/Tour Operator.

Neither WIN | WIN nor Energia make any representation that the goods and/or services or suppliers advertised on the website are appropriate or suitable for use or that they comply with the legal or regulatory requirements of any location and we both exclude and disclaim any representation or warranty in respect of same or any liability, responsibility or obligation as to same, in so far as is possible at law.

User Submissions

Any communication which you post or transmit to the website by any means whatsoever shall be treated as non-confidential and non-proprietary.

Commercial exploitation of the website is strictly prohibited and we may suspend or terminate any access and take such other steps as we deem appropriate in the event of same. Additionally, distribution of the offers and promotions from this website to non-eligible persons is strictly prohibited.

Both Energia and WIN | WIN reserve the right to prevent further access by you to the website for violating the Terms and Conditions, or other breach of the Energia general terms and conditions, or use of the website or transmission or posting communications to the website, which WIN | WIN or Energia deem to be in breach of the Terms and Conditions of Use.

Governing Law

The website is controlled and operated by WIN WIN, Registered Office: Argyle Square, Donnybrook, Dublin 4. Access to the website from locations where the contents of the materials or the services or goods advertised on the website are illegal is prohibited.

If you access the website you do so on your own initiative and at your own risk and you are responsible for compliance with the applicable laws and regulations of the location in which you access the website.

The Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland and the Irish courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in connection with the website or the Materials.

If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Changes

Any changes to the Terms and Conditions will be posted on the website. Any such changes shall become immediately effective. By continuing to use the website, you agree automatically to be bound by any such changes and, therefore, you should from time to time visit the website to determine the terms and conditions by which you are bound. WIN | WIN with the permission of Energia, may at any time, without liability modify, suspend or discontinue the website, the goods or services advertised on the website, or any part thereof, with or without notice for any reason whatsoever.

Data Protection

Information disclosed in opting-in to this offering shall be controlled by Energia in accordance with its privacy policy. Your e-mail address shall be held for account verification purposes and to e-mail you updates as to the offers available, save that due options in accordance with your data protection rights shall be granted. Your data will not be shared with any third parties, save as necessary for the due implementation and provision of the benefits offered by this scheme.

All redemption information will be shared with Energia, WIN | WIN and all other relevant parties only.

External Links:

This website contains links to other websites. Neither WIN | WIN nor Energia is responsible for the privacy practices or the content of such websites and makes no representation or warranty in relation to, and disclaims any liability in respect of, same.

Security:

Our website has security measures in place to protect you as you use the website. Please remember that‚ because of the nature of the internet‚ the security of emails cannot be guaranteed.

Your use of the site

The promoter authorises you to view and download a single copy of the Material (as defined below) on the Site.  The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time.

The contents of the Site, such as text, graphics, images, photographs, code and other material ("Material"), are protected by copyright, trade mark and other laws in both Ireland and overseas. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not reproduce, display, publicly perform, distribute, sell or modify the Material or otherwise use the Material in any way for any public or commercial purpose or otherwise in breach of these terms and conditions. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. All trademarks, service marks, and trade names are the property of the promoter or its suppliers.

The Material may contain inaccuracies or typographical errors. The promoter makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. In particular, while the promoter makes every effort to ensure that the colour options available on the Site are representative, due to colour restraints on the web, these colours may vary depending on the browser, hardware platform and resolution of your monitor.

If you violate any of these Terms, your permission to use the Material automatically terminates and you agree to immediately destroy any copies you have made of the Material.

WIN | WIN's Liability

The following provisions sets out the reporters entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under this Agreement; and (ii) any representations, statements or tortuous act or omission (including negligence) arising under or in connection with this Agreement; ("Event of Default"). This Agreement does not prejudice the statutory rights, which you may enjoy if you are dealing as a consumer within the meaning of Irish law.

The promoter shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon. The promoter as soon as reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware. The promoter shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder.

The promoter shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control. The promoter does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses and other harmful elements. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the promoter is not responsible for those costs.

The Site and Material are provided on an "as is" basis without any warranties of any kind. The promoter and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including any terms as to merchantability and fitness for particular purpose. The promoter and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. In particular, the promoter does not warrant that the use of the Material by you will not infringe third party rights.

Disclaimer of consequential damages.

In no event shall the promoter, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or arising from the use, repair, service or maintenance of any equipment, whether based on statute, contract, tort, or any other legal cause, and whether or not the promoter is advised of the possibility of such damages.

Your obligations

You agree: that any information provided by you will be true, accurate, current and complete; to notify us immediately of any changes to any information you have submitted to the Site; and to be available for delivery and to take delivery of any products ordered by you from the Site.

Product description

Each product is subject to its individual product description which may set out additional specific terms and conditions related to that product including without limitation terms and conditions concerning estimated delivery times. The promoter does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied.

Redeeming Energia Extra Offers

While every effort is made to ensure the availability of products and to fulfill all Energia Extra Offers, the promoter cannot guarantee the availability of any offer displayed on the Site. The promoter reserves the right to discontinue any good or service listed on this Site at any time without notice. Our goal is to maintain a completely accurate Site. In the event that errors are discovered, we will promptly correct them and the amended provision will apply. The promoter reserves the right to change or amend promotional offers at any time without notice. All travel rewards are booked through our company WIN | WIN Travel. All travel offers on this programme must be booked through WIN | WIN Travel to be deemed valid. Once travel bookings have been made your contract will be with the participating Airline/Tour Operator.

Limitation of liability

The aggregate liability of the promoter to you for all claims arising from the use of the Site is limited total of €200.00 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.

Indemnity

You agree to defend, indemnify, and hold harmless the promoter, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. The promoter shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General

This Site is controlled and operated by the promoter from its location in Ireland. The promoter makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site. Without prejudice to the foregoing, the promoter may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and the promoter may bring enforcement proceedings in another state on foot of an Irish judgement.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

This agreement constitutes the entire agreement between you and the promoter with respect to the use of the Site. The promoter may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.