EnPowered will enable users, through the Website, to access descriptions of available Plans and pay for such Plans in accordance with the prices set forth on the Website; EnPowered will then facilitate communications between you and the Suppliers to arrange for the Suppliers to provide you with energy and related services in accordance with such Plans, and will thereafter facilitate communications between you and the Suppliers respecting the energy services provided to you by the Suppliers (the “Services”). You acknowledge that Suppliers have sole discretion whether to accept or deny the provision of energy or related services to you pursuant to the Plans based on your eligibility for such Plans and the Suppliers’ terms and conditions respecting energy provision. The Services are provided subject to these Terms.
In order to use the Services, you must:
With respect to all third-party Suppliers, you acknowledge that the relationship between EnPowered and such Suppliers is that of independent contractors; nothing in these Terms shall imply that EnPowered and such third-party Suppliers are employees or agents of each other. EnPowered expressly disclaims any representation that it has any supervision, control, or direction over third-party Suppliers, or that it can guarantee anything on behalf of such third-party Suppliers. EnPowered’s sole responsibility under these Terms is to provide users with the descriptions of Plans and energy and related services provided to EnPowered by the Suppliers, to permit users to place orders for such Plans and services through the Website, to make reasonable efforts to facilitate communications between Suppliers and users respecting such Plans and services, and to use commercially reasonable efforts to deliver the Services to users. Although EnPowered will make reasonable efforts to provide users with the plans from Suppliers, EnPowered is not responsible for, and does not warrant, the suitability, appropriateness, or any other aspect of the plans for your needs, and you agree to accept the plans “as-is”. All acts undertaken by you pursuant to the Services is at your own risk, and all guarantees and representations made by third-party Suppliers are their responsibility, not endorsed by EnPowered.
EnPowered will provide the Plans in accordance with its policies described on its Website, which may change from time to time. It is your responsibility to ensure that you are capable of entering into the Plans and that the Plans are appropriate for your needs, and that the Suppliers and their policies associated with delivering energy or related services in accordance with the Plans are acceptable to you; EnPowered will not be liable for any inability to supply energy or related services in accordance with the Plans, in a timely manner or at all, arising from incorrect information provided by you or any other cause beyond EnPowered’s reasonable control (which includes the acts or omissions of you or third-party Suppliers).
EnPowered reserves the right to change, suspend or discontinue the Services at any time, including the availability of any feature or content of the Plans, or any promotion offered by EnPowered. EnPowered may also impose limits on the Services and/or terminate or restrict your access to parts or all of the Services without notice or liability.
Use of the Services contains references to third-parties, links to third-party websites and/or may incorporate information obtained from third-parties (including from third-party Suppliers and other users). All such references, links, and information are provided “as is”. Third-party websites, documents, information, reviews, opinions, advice, or statements (including those made by third-party Suppliers and other users of the Services) are not under the control of EnPowered, and EnPowered is not responsible or in any way liable for their contents, including without limitation their accuracy, reliability, copyright compliance, legality, decency, or any other aspect of their content. Other than to the limited extent required under applicable consumer protection law, under no circumstance will EnPowered be liable for any loss or damage caused by your reliance on information obtained through the services (including from third-party Suppliers or other users, and including any opinions, statements or advice), or by any plan obtained through the services.
EnPowered grants you a limited license to visit, browse, access, and use this Website and Services in accordance with these Terms. You agree that:
You are only eligible to use this Website and the Services if you are capable of forming a legally binding contract under applicable law. If you are not legally qualified to use this Website and the Services, you must immediately cease all use of this Website and the Services.
You are specifically prohibited from:
Unless otherwise specified, the content provided in this Website is for your personal and non-commercial use. You may not download (other than page caching), modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Plans, or Services obtained from this Website.
You may not attempt to gain unauthorized access to this Website and/or any EnPowered computer systems or networks connected to this site, through hacking, password mining, or any other means.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this Website.
You will ensure that your use, or the use of any third party through you, of this Website and the Services does not interfere with, degrade, or adversely affect any EnPowered software, system, network, or data or that of any other users of this Website. You and anyone obtaining access to this Website or the Services through you will not post or transmit any harassing, abusive, libellous, illegal, deceptive, or otherwise offensive messages or information whatsoever.
You and anyone obtaining access to this Website through you will not use this Website or any contents thereof, or the Services, to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts.
You acknowledge that EnPowered makes no representation that materials on this site are appropriate or available for use in any particular location, and accessing them from territories where their contents are illegal is prohibited.
You shall not use, nor permit others to use, this Website in a manner or for a purpose contrary to these Terms.
You will at all times during your use of these Services and your transactions and interactions with EnPowered’s personnel and Suppliers (as applicable), act in a civil, courteous and respectful manner, and will not take any action that could reasonably endanger or damage the health, well-being, or property of EnPowered, its personnel, Suppliers, other users of the Services, or any third-party with whom you may have contact in connection with the Services.
You will not interfere with or in any manner compromise any of EnPowered's security measures;
You will cooperate with EnPowered and provide information requested by EnPowered to assist EnPowered and/or relevant authorities in investigating or determining whether there has been a breach of these Terms or applicable law; and
(m) You will comply with the terms and conditions of any applicable Supplier policies relating to the Plans (including return policies).