Team Green Britain

terms

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1. These terms and conditions apply to your participation in the Team Green Britain Heroes scheme (the "Scheme"). In these terms and conditions "we/us/our" means EDF Energy Customers plc. By applying to participate in this Scheme you agree to these terms and conditions.
   Winning the Team Green Britain Superhero Award
2. The Superhero Winner will be selected through a popular vote by members of 'Team Green Britain', who will be asked to vote for the Participant whose proposed use of the Award (as defined in Clause 3) they think is best. Voting will take place between February and April 2012 via the www.teamgreenbritain.org website. 'Team Green Britain' members will be permitted one vote. Counting will take place in May 2012, and the Participant with the most votes will be the Winner.
3. The Winner's prize is the right to select, subject to Clauses 4 and 5, a sustainable project to receive a grant of up to £10,000 from us (the "Award"). The Award is not transferable or exchangeable for cash.
4. We will only provide the Award to a project which we assess (acting reasonably and in good faith) to meet our funding award criteria set out in the application guidelines.
5. In the event that the Winner does not select a project which we consider meets the criteria for the grant of the Award then we reserve the right to grant the Award to an alternative project of our choosing or to withdraw the Award.
6. No responsibility is accepted by us for entries or any other correspondence lost, damaged or delayed in transit.
7. The Scheme is administered by Laura Prior (the "Administrator").
8. If there is any evidence or suspicion of fraudulent behaviour, misconduct or misrepresentation, it will be referred to the Administrator for investigation and their decision will be final. This decision may include (without limitation) disqualification.
9. The running of this Scheme is entirely at our discretion and we reserve the right to cancel it at any time without notice or without further liability.
10. The name and home county of the Winner will be available on written request to the Administrator by post to: Laura Prior, TGB Heroes Administrator, EDF Energy, 329 Portland Rd, Portland East,Hove, East Sussex BN3 5SU. This information will only be available after 15th August 2012.
    Scheme Rules
11. By applying to enter this Scheme you agree that if you are selected to be a Participant then your participation will be subject to the following terms and conditions.
    The Scheme
12. The Scheme will involve the provision to Participants of certain services or equipment selected by us for the duration of the Scheme. We will select which services or equipment will be provided. In these terms we refer to all equipment provided by us as "Equipment", and all services provided by us as "Services". The Scheme will last for 1 year from the date we the first provide you with Equipment or Services (whichever is earlier) unless terminated earlier by us in accordance with Clause 34.
13. In order to participate in this Scheme, Participants may be required to take their supply of electricity from EDF Energy Customers plc depending on the Equipment with which they are provided. If you are selected as a Participant and agree to trial any smart meter as part of the Scheme and are not already supplied by us, you will need to change supplier to EDF Energy Customers plc in order to participate in this Scheme. You will not need to be supplied by EDF Energy Customers plc if you do not receive a smart meter. You are not required to agree to trial any smart meter, and if you do not do so we may select alternative Equipment to provide to you (and you will not need to change your energy supplier). In the event that you do agree to trial a smart meter as part of the Scheme, and either fail to become or cease to be supplied by us at any time during the Scheme then we shall be permitted to charge you the full price for the Equipment and its installation and/or the Services, as appropriate, and/or remove the Equipment and/or withdraw the Services (at your cost), and end your participation in the Scheme. We will inform you of the relevant costs prior to providing you with the Equipment and/or Services.  
14. You are responsible for obtaining all permissions and consents necessary for any Equipment to be installed and kept in place at your premises (or such other location as we agreed it will be installed) throughout the Scheme, and for any Services to be provided to you throughout the Scheme. You should be aware that this may involve you obtaining planning permission or other legal rights or permissions from third parties. The grant of these rights or permissions may be discretionary, and may involve costs (to obtain and/or to maintain), which you must meet. If you do not demonstrate to us on our request that you have obtained and will maintain for the duration of the Scheme all necessary rights, permissions and consents then we reserve the right to withdraw you from the Scheme and to recover all costs we incur in doing so including, (without limitation) in connection with removing the Equipment and/or Services.
    Equipment
15. You agree that we may install Equipment at your premises and connect Equipment to your telephone line and/or household items, e.g. a television or computer, and this work will be done by us or our selected contractors. We may also need to disconnect and/or remove some of your pre-existing equipment in order to replace it with Equipment. We will give you at least 7 days prior notice when we need to do this, and you agree to allow us to carry out the work and have access to do so.
16. We will advise you of the locations at which it is appropriate to install the Equipment, and install it in an appropriate location. We will try to agree that location with you, provided that we will always need to install the Equipment in a location we believe to be safe and where the Equipment will operate in the best way.
17. Subject to Clauses 13, 14 and 18, the Equipment and installation will be provided by us at no charge to you. The Equipment will remain our property at all times.
18. If, in order to ensure the Equipment operates properly, any of your pre-existing equipment (for example, and without limitation, your current energy meter(s), your household electrical wiring and/or your home heating system)  must be replaced or upgraded then we will charge you for such work (including the price of replacement or upgraded items), and the price of installation work).  We will inform you of this as soon as we become aware of the need to replace or upgrade any pre-existing equipment, and if you do not wish to meet these costs then you must inform us immediately and withdraw form the Scheme, allowing us to remove any Equipment installed.   
19. We may need access to your premises to install the Equipment. We also want to be able to discuss the nature and operation of the Equipment with you. So that we can do this, you will need to be present either throughout the installation, or, if we advise you of another time and date for those discussions, at that time and date. We will visit your home to have these discussions unless we agree to another location, provided that where we are installing Equipment it will always be necessary to visit your home and conduct the discussions there.
20. We will need to recover the Equipment when your participation in the Scheme comes to an end. We will inform you of how the Equipment is to be recovered. Where we require you to return the Equipment to us (for example, and without limitation, by post) then you must do so as directed by us as soon as reasonably possible following your participation in the Scheme coming to an end. Where we require access to your premises to remove the Equipment, you agree to give us access to do so. We will try to give you prior notice, but in an emergency situation, or if you refuse to give us access at a reasonable time, then we may have to enter your home without notice, and you agree to our having this right of access.
21. You must properly care for the Equipment, ensure that it is secure and safe from theft, and ensure that, except for fair wear and tear, it remains in the same condition at all times during the Scheme as it was in at the time we first provided it. If any Equipment is damaged or stolen at any time then you must inform us as soon as you become aware, and you will be responsible for all costs associated with the repair or replacement of the Equipment unless we agree otherwise. If we believe that the damage is not accidental, or that the Equipment may not be safe or secure at your premises, or that you are not taking adequate precautions to prevent damage to or theft of the Equipment, then we shall be entitled to terminate your participation in the Scheme.
22. Where we require you to make certain uses of Equipment (for example, to test it in certain circumstances) then you must use your best endeavours to make such uses, but you are not required to take any action which puts your safety or health at risk, and where any action we ask you to take would do so then you must inform us before taking it. We recommend that you do not take any such action, and, subject to Clause 37, we will not bear any responsibility for your doing so.
23. Without prejudice to Clause 17, we shall have the option (but not the obligation) at any time during and after your participation in the Scheme, to notify you that we intend to transfer to you title in any and/or all Equipment we have provided. If you do inform us, in writing to the Administrator, within 14 days of your receipt of that notice that you do not accept title in the relevant Equipment then it shall be transferred to you (on the terms set out in that notice) with effect from the date of the notice, and all risk in the Equipment shall transfer to you upon transfer of title.
    Services
24. We may need you to provide us with certain information about your premises, your energy consumption, or other matters in order to provide Services to you. You agree to provide us with the information we require in order to provide those Services.
25. If we inform you that in order to provide you with Services you must take any action (for example, without limitation, to take energy meter readings) then you must use your best endeavours to take such actions, but you are not required to take any action which puts your safety or health at risk, and where any action we ask you to take would do so then you must inform us before taking it. We recommend that you do not take any such action, and, subject to Clause 37, we will not bear any responsibility for your doing so.
    Content
26. The Scheme is aimed at obtaining your experiences of the Equipment and/or Services, and sharing these experiences with the public through materials we publish (in any form whatsoever). In addition to complying with the following obligations, you agree to take all other reasonable steps to support the success of the Scheme.
27. You must provide us with an article of between 200 to 500 words at least once every six weeks from the date on which your participation in the Scheme begins. These articles must be on the subject of your experiences of the Equipment and/or Services you have received. We will contact you regularly and may require you to write about particular elements of the Equipment and/or Services (for example, without limitation, any energy savings you make through use of the Equipment or Services or how easy you found Equipment to use). Where we make such requests you will ensure that the relevant article addresses the relevant elements.
28. You must ensure that the articles you write represent your best efforts. You must ensure that the articles are not dishonest, inaccurate or unfair.
29. All content you produce must be your own work, must not infringe the copyright, trade marks or any other intellectual property rights of any third party, must not be defamatory, must not be unlawful in any way, and must not infringe any obligations of confidentiality owed to a third party or any third party's data protection or privacy rights.
30. You agree that all content you produce in connection with and/or in relation to the Scheme, and all intellectual property rights (including, without limitation, copyright) in the same, will be our absolute property from the point of their creation, and you agree to execute all assignments or other agreements (which shall be prepared by us at our cost) necessary to vest such property and rights in us. Further, you irrevocably waive the benefits of, and agree not to assert any provision of law known as, "moral rights" or any similar laws of any jurisdiction in respect of any and all such content.
31. You hereby indemnify us from and against all losses, costs, damages and expenses (including legal fees on an indemnity basis), howsoever arising and whether incurred directly or otherwise, suffered by us as a result of any breach of your obligations under Clauses 28, 29 and 30, and/or as a result of any third party alleging that you have infringed any of their rights.
    Confidentiality
32. If you participate in this Scheme then, because we may provide you with access to new technologies, products and/or concepts, we will require you to enter into a confidentiality agreement with us. If, within 14 days of us advising you that you have been selected to participate in the Scheme, you and we have not entered into a confidentiality agreement which is acceptable to us then we may deem that you have left the Scheme.
33. Without prejudice to Clause 32 or the terms of any confidentiality agreement you agree with us in connection with the Scheme, you agree to keep confidential all information we provide to you concerning Equipment, Services, and any other goods or services which are not currently offered by us to the general public. You will indemnify us for any breach of this Clause 33.
    General
34. We may end this Scheme or your participation in it at any time without liability. If we do we will let you know as soon as we can, and you will then need to allow us access to your home so that we can remove any Equipment we have provided.
35. Some of the Equipment may be linked in to our energy billing systems, we made need to change the billing date for electricity and/or gas supplied to your home, and you consent to this.
36. Please remember that it is dangerous to tamper with or damage the Equipment, and you will be liable for all costs, damages, expenses and losses incurred if you do so, or if you refuse us access to maintain the Equipment.
37. Nothing in these terms and conditions limits liability for death or personal injury caused by negligence, for any liability to you arising from a breach by us of our statutory duty under Part 1 of the Consumer Protection Act 1987, or for fraud or fraudulent misrepresentation.
38. We will not be liable to you for any indirect or consequential loss (which will include, without limitation, loss of business, loss of profits and losses which a third party seeks to claim from you) nor for any loss or damage other than where this is caused by our negligence and was reasonably foreseeable and within our reasonable control to prevent at the time you entered into this Scheme.
39. All obligations, warranties, and conditions implied by law or otherwise and any liabilities that arise from them are excluded so far as is permitted.
40. To the extent that our liability to you is not otherwise excluded by these terms, we will be liable to you for up to £1,000 for one incident, or an aggregate maximum of £10,000 in respect of all incidents giving rise to damage for which we are liable.
41. Clauses 37 to 40 (inclusive) deal with our liability to you in the event we breach any of these Terms and Conditions, or are negligent, or breach any law. As a result, you should consider insuring against losses for which we are not liable to you.
42. We will send all notices and other communications which relate to you and your participation in this Scheme to the address you provided to us when you applied to enter the Scheme.
43. You may not assign or otherwise transfer your rights or obligations under these terms.
44. You agree not to publicise or participate in publicity relating to this Scheme without our prior written consent.
45. You confirm that you are authorised to enter into this Scheme, and if you are not the homeowner you confirm that you have the homeowner's permission to enter this Scheme and comply with its terms.
46. Certain work may be carried out by our subcontractors or other organisations involved in the Scheme. You agree that all rights of access granted by you to us under these terms and conditions shall be granted also to such subcontractors and other organisations. 
47. By participating in this Scheme you agree to participate in publicity we make regarding the Scheme. If you do not wish to appear in publicity, please do not enter this Scheme.
48. These terms and conditions apply from the date of your application to enter the Scheme until the date we bring the Scheme to a close (which will be the earlier of 31 December 2012 or the date we inform you the Scheme is at an end). These terms and conditions constitute the entire agreement between you and us concerning the Scheme and supersede any previous agreements or understanding between you and us.
49. Each of these terms is a separate provision and shall apply and survive if, for any reason, any other of these terms is held to be invalid or unenforceable.
50. If at any time we wish to vary these terms and conditions then we will write to you to advise you of the variations required. Where the variation is not to your material detriment you agree that it shall have effect from the date we specify when we advise you of it. In all other cases the variation will have effect from the date which is 14 days from the date of our letter advising you of the variation unless we receive a written rejection of that variation from you within that time. Where we receive such a rejection from you then you will be deemed to have withdrawn from the Scheme with immediate effect.
51. The law of England and Wales shall apply to all matters, claims and disputes (whether contractual or otherwise) relating to these Terms and Conditions and/or its subject matter, and you and we submit to the exclusive jurisdiction of the Courts of England and Wales.