Website Terms and Conditions

Part 1 – General Terms and Conditions

1. About these Terms and Conditions
1.1 In these Terms and Conditions (the "Terms and Conditions"), the following words and expressions have the following meanings:
i. "We", "us", "our" or "ScottishPower" means ScottishPower Energy Retail Limited, a company incorporated and registered in Scotland (registered number SC190287) and having its registered office at 320 St. Vincent Street, Glasgow, Scotland, G2 5AD;
ii. "Digital Community" means ScottishPower's Digital Community and all associated web pages set out on the Website;
iii. "ScottishPower Group" means ScottishPower and any other member of the ScottishPower group.
iv. "You" or "your" means the person using our Website; and
v. "Website" means the ScottishPower website, including the Digital Community.
1.2 Your access to and use of this Website is subject to the following Terms and Conditions. For the avoidance of doubt, "use" of the Website includes, without limitation, accessing, browsing, linking to, posting material on or registering to use our Website.
1.3 If these Terms and Conditions are not accepted by you in full, your use of this Website must be terminated immediately. Your continued use of this Website shall be deemed acceptance by you of these Terms and Conditions.
1.4 ScottishPower reserve the right to change these Terms and Conditions at any time by notice on the Website. You shall review these Terms and Conditions regularly to ensure that you obtain timely notification of any such changes. Continued use of the Website after changes have been posted shall be deemed to constitute your acceptance of the amended Terms and Conditions.

2. Accessing the Website
2.1 The Website is made available free of charge.
2.2 ScottishPower does not warrant that the functions contained in, and the material made available via, this Website will be uninterrupted or error free, that any defects which may occur will be corrected, or that this Website or the server that makes it available are free from viruses or bugs. You are responsible for configuring your information technology, computer programs and platforms in order to access the Website. You should use your own virus protection software.
2.3 ScottishPower reserve the right to make changes to this Website and any product or service described in this Website at any time. Please note that any of the content on the Website may be out of date at any given time, and ScottishPower are under no obligation to update it.
2.4 Although the information and material contained in this Website is based upon information that ScottishPower considers reliable and ScottishPower shall use reasonable endeavours to ensure that such information and material is accurate, current and complete, ScottishPower does not represent that this information or material is accurate, current or complete and it should not be relied upon as such.
2.5 The content on our Website is provided for your general information purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
2.6 We may suspend or terminate the operation of the Website or any part of it at any time in our sole discretion although we will make reasonable efforts to let you know if they are going to suspend or terminate the operation of the Website or any part of the same.

3. Acceptable Use
3.1 In accessing ScottishPower's Website, you agree that you may and shall only use the downloaded content of the Website for your own use as a customer or prospective customer of ScottishPower. ScottishPower reserve the right to withdraw this authorisation at any time by notice on this Website. Use of the Website in any other way, including in contravention of any restriction on use set out in these Terms and Conditions, is not permitted.
3.2 You are not permitted and agree not to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of this or any part of the Website for any purpose whatsoever other than your own personal and domestic, non-commercial use, without our prior written approval.
3.3 You agree to use this Website only for lawful and proper purposes, and in a manner which does not infringe, restrict or limit the rights or enjoyment of this Website by any other person. In particular, but without limitation, you must not do anything which is unlawful or fraudulent, or which may harass or cause distress or inconvenience to any person, or disrupt the normal flow of dialogue within this Website or transmit any material which is or may be obscene, offensive, indecent or unsolicited (spam).
3.4 If you fail to comply with the above, we reserve the right to immediately terminate your right to link to and share the content of the Website, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of materials from the Website that you have made.
3.5 If you make Contributions (defined below) using the Digital Community, you shall also comply with the Contribution Standards set out in Clause 12 of these Terms and Conditions.

4. Customer Account 4.1 If you become a registered user of the Website and create an account ("Customer Account"), you will require a valid email address and will be asked to enter a username, password and any other piece of information ScottishPower deem necessary as part of its security procedures.

5. Linking and framing
5.1 You may create a link to the Website from another website without ScottishPower's prior written consent provided no such link:
i. creates a frame or any other browser or border environment around the content of the Website;
ii. implies that ScottishPower endorse your products or services or any of the products or services of, or available through, the website on which you place a link to the Website;
iii. displays any of the trade marks or logos used on the Website without ScottishPower's permission or that of the owner of such trade marks or logos; or
iv. is placed on a website that itself does not meet the Acceptable Use requirements set out in Clause 3 of these Terms and Conditions.
5.2 ScottishPower reserve the right to require you to immediately remove any link to the Website at any time, and you shall immediately comply with any request by ScottishPower to remove any such link.
5.3 Our Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

6. Liability
6.1 This Website and all information contained herein (including, without limitation, names, images, pictures, logos and icons regarding or relating to ScottishPower or ScottishPower Group) is provided without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise). Any person using the information in this Website uses such information at his own risk. Except for any legal responsibility that ScottishPower cannot exclude in law (such as for death or personal injury caused by its negligence), in no circumstances shall ScottishPower or ScottishPower Group be liable for any loss or damage, howsoever arising (whether for breach of contract, in negligence, in delict or tort or otherwise), out of or in connection with the use of the Website, including, without limitation, any: (i) losses that were not foreseeable to you and ScottishPower when this contract was formed; (ii) losses that were not caused by any breach on ScottishPower's part; (iii) business losses; (iv) losses to non-consumers; (v) loss of profit; (vi) consequential losses; or (vii) loss arising from any errors or omissions in the information contained in or referred to in this Website. This Website is not intended to and does not create any legal or other relationship between ScottishPower and you or any third party.
6.2 Unless specifically stated, ScottishPower does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on our Website by a third party, including any blog or opinion piece, as Contributions by the users of the Digital Community or otherwise. Any information or material placed on our Website by a third party, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of ScottishPower. You agree that ScottishPower are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even if that material breaches the terms of this Agreement.

7. Ownership and Intellectual Property
7.1 All intellectual property rights, in and to this Website and its form and content are owned by ScottishPower or ScottishPower Group or the licensors of the same. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
7.2 Neither the name "ScottishPower", the ScottishPower logo (or in either case, anything confusingly similar to it) nor any other proprietary rights of ScottishPower or its licensors contained in this Website may be used in any way, including, without limitation, in advertising or publicity in respect of the distribution of any of the information contained in this Website without the prior written approval of ScottishPower and nothing in this Website constitutes a licence to use any such rights in any way except as expressly permitted herein.
7.3 Nothing in these Terms and Conditions grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
7.4 You acknowledge that by posting comments, information or materials (including Contributions) on our Website ("Materials") you grant to ScottishPower, ScottishPower Group an irrevocable, perpetual, royalty free, worldwide licence to use those Materials both within the Website and in any other manner and for any purpose, including commercial purposes, and to authorise others to do so. This licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials. In addition, please be aware that any materials you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post. ScottishPower hereby disclaims any and all liability that may arise in connection with any and all materials posted, uploaded or supplied by you on the Website.

8. Privacy / Data Protection
8.1 We are committed to protecting your privacy and keeping your personal information secure. Any personal information you supply to us via the Website will be treated in accordance with the data protection legislation relevant to your jurisdiction. When you use our Website, you consent to us collecting and using your personal data in the manner described in our Privacy Policy and Cookie Policy.
8.2 Any personal information you supply to us (and which we collect from you or other sources) when creating your User Account (defined below) will be used in accordance with our Privacy Policy] and these Terms and Conditions.
8.3 ScottishPower collect information about you so that it can:
i. identify you and manage any accounts you hold with ScottishPower;
ii. conduct research, statistical analysis and behavioural analysis;
iii. carry out customer profiling and analyse your purchasing preferences;
iv. detect and prevent fraud;
v. customise our Website and its content to your particular preferences;
vi. notify you of any changes to the Website that may affect you;
vii. carry out security vetting; and
viii. improve our services.
8.4 ScottishPower may disclose your personal data to:
i. other companies within the ScottishPower group;
ii. law enforcement agencies in connection with any investigation to help prevent unlawful activity; and
iii. third parties, to the extent necessary to provide the Website, the Digital Community and/or any associated products and services to you.
8.5 ScottishPower will use technical and organisational measures to safeguard your personal data, for example:
i. access to your account is controlled by a password and user name that are unique to you;
ii. ScottishPower store your personal data on secure servers; and
iii. payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when ScottishPower use this technology).
8.6 While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us.

9. Invalidity
9.1 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction which that term or condition is found to be illegal, invalid or unenforceable, it shall be deleted and severed, and the remaining Terms and Conditions shall survive and shall continue to be binding and enforceable.

10. Law and Jurisdiction
10.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland. All disputes arising from these Terms and Conditions (including non-contractual disputes or claims) shall be submitted to the exclusive jurisdiction of the Scottish courts.

Part 2 - Digital Community Additional Terms and Conditions

11. User Log-in
11.1 If you have an existing ScottishPower Customer Account, you may use the login details for your Customer Account to access the Digital Community. If you become a registered user of the Digital Community and create an account ("Digital Community User Account"), you will require a valid email address and will be asked to enter a username, password and any other piece of information ScottishPower deem necessary as part of its security procedures.
11.2 In each case, you must provide any other details ScottishPower collect from you at registration, so that it can administer your Digital Community User Account or your Customer Account, as applicable.
11.3 It is your responsibility to ensure that your login details and all other details in relation to your Digital Community User Account or your Customer Account remain confidential at all times. You agree to let ScottishPower know as soon as possible if you know or reasonably suspect that the security of your account is at risk.

12. Contribution standards
12.1 Any contribution or communication made by users of the Digital Community (a "Contribution") must conform to standards of accuracy, decency and lawfulness, which shall be applied at ScottishPower's discretion, acting reasonably.
12.2 You should not submit complaints relating to your ScottishPower account via the Digital Community. Any such complaints should be directed to the ScottishPower customer service team by clicking this link.
12.3 The Digital Community is for your personal and non-commercial use only. You agree, when participating:
i. to be relevant when making a Contribution;
ii. to be respectful to other users when making a Contribution; in particular not to deliberately post hostile messages (also known as "flaming" or "bashing");
iii. not to befriend any other users in an abusive or exploitative manner (also known as "grooming");
iv. your Contribution does not contain any material which might bring ScottishPower or the Digital Community into disrepute;
v. not to promote violence, any pornographic material or any activity that is illegal;
vi. that any Contribution:
a. when it includes any opinion, is a genuinely held opinion;
b. when it includes any facts, is true and accurate;
c. does not contain any:
• violent material, pornographic material or activity that is illegal;
• material which is invasive of a third party’s privacy;
• advertising or marketing material (whether for commercial or non-commercial gain) including, but not limited to, material derived from deceptive techniques such as ‘astroturfing’, ‘flogging’ or ‘sock puppetry’;
• spam, junk mail, chain letters, material regarding any pyramid promotional schemes, or any similar material;
• patentable ideas or patent applications;
• material which you regard as confidential, commercially sensitive or valuable;
• material which means that you are liable to any third party;
• material which infringes the rights of any third party;
• material which means that you are in breach of any duty that you have towards a third party or generally (this might include, but is not limited to, material that you are not allowed to make available such as under any contract of employment or confidentiality agreement);
• viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or any feature of the Website;
• statements or suggestions that ScottishPower endorse any other business, product or service unless ScottishPower have separately agreed to do so in writing.
vii. that any Contribution to the Digital Community will be lawfully made. In particular, you agree that any Contribution will:
a. not be in contempt of court;
b. not be harmful, threatening, harassing or offensive;
c. not be discriminatory;
d. not have any fraudulent purpose (including, but not limited to, impersonating any other person or not being entirely truthful to ScottishPower when you register as a user of the Digital Community);
e. not be defamatory, derogatory or offensive;
viii. unless expressly permitted in law, not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Digital Community or any Contribution.
12.4 ScottishPower may stop or suspend your access to the Digital Community if you do not comply with any part of these Terms and Conditions or any applicable law. ScottishPower will decide, acting reasonably, whether any Contribution breaches any of these Terms and Conditions.

13. Moderation
13.1 The Digital Community is moderated by us. Therefore, all Contributions are checked by us to ensure that they comply with these Terms and Conditions and the Community Guidelines. We may do this before or after a Contribution is published to the Digital Community. While we make commercially reasonable efforts to ensure that all Contributions are published, we do not promise or guarantee in any way that your Contribution will be published or that it will be published in a timely manner.
13.2 We may at any point stop moderating the Digital Community.
13.3 We may remove any Contribution which we believe is in breach of these Terms and Conditions (such as where a Contribution does not comply with the Contribution Standards).

14. Complaints
14.1 If you have a concern regarding the Digital Community or any Contribution shared via the Digital Community, you should either: (i) flag up the specific Contribution as being in breach of these Terms and Conditions using the relevant function; or (ii) report the matter to the Community Managers identified on the Digital Community using the "private message" function.

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