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Terms & Conditions

Terms and Conditions of Use

ATTENTION: This legal notice applies to the entire contents of this website under the domain name vayu.ie (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept the disclaimers, terms and conditions (“Terms”) and regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Vayu Limited (“our”, “us” or “we”).

Disclaimer

While we use our reasonable endeavours to ensure that the information on this Website is correct, we do not warrant the accuracy and/or completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

Applicability

These Terms apply to your use of the Website which is operated and owned by Vayu Limited, 3rd Floor Macken House, 39-40a Mayor Street, Dublin 1, (“Vayu”). By using the Website, you agree to be legally bound by these Terms just as if you had signed this agreement. These Terms may be supplemented by additional terms and conditions pertaining to specific content and activities. You agree and understand that such additional terms and conditions are hereby incorporated by reference to these Terms.

Intellectual Property

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Website and the material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

All materials incorporated in or accessible through the Website (including the look and feel of the Website), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Vayu, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for purchasing the services offered through the Website.

Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.

 

Disclaimers of Warranties

This Website is provided by Vayu on an “as is”. To the fullest extent permitted by applicable law, Vayu disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, compatability, security, accuracy or infringement.

Neither Vayu or any of its affiliates, nor any of its respective licensors, licensees, service providers or suppliers warrant that the Website or any function contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make the Website available are free of viruses or other harmful components. Please note that no advice or information, obtained by you from our personnel or through the Website shall create any warranty not expressly provided for in these terms or in our customer supply contract. These disclaimers apply to the fullest extent permitted by law.

Limitation of liability

You expressly understand and agree that (to the fullest extent permitted by law) we and our affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). If you do not accept the limitations of liability set out in these terms, your sole and exclusive remedy is the discontinuation of your use of the website.

Vayu is not responsible for any injury and or damage to any individual as a result either directly or indirectly of any information published on this Website. The accuracy of the information is not guaranteed and does not constitute business or other professional advice and is subject to change and therefore Vayu cannot accept responsibility for any loss damage or expense incurred upon using the information.

Interaction with Website

You agree not to use the Website or cause or permit the Website to be used:

  • so as to jeopardise or prejudice the operation, quality or integrity of the Website, or the operation, quality or integrity of any telecommunications network
  • for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Website to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material
  • to harvest or otherwise collect information about others, including e-mail addresses, without their consent
  • to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs contrary to the terms and conditions of any Internet Service Provider whose services you may use.

Governing Law and Jurisdiction

The Website has been created and is controlled by Vayu in Ireland. These Terms will be governed by, and construed and enforced in accordance with, the laws of Ireland. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Irish courts.

Privacy Policy

The following comprises details of our privacy policy and how we use any personal data (as defined in the Data Protection Act 1988 (NI & ROI) & 2002 (ROI)) and ePrivacy Regulations 2011 (ROI) that you supply to us.

We at Vayu Energy recognise that privacy and security is a major concern. We respect our Customers right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2003 (the “Data Protection Legislation”). The purpose of this Privacy & Cookie Policy is to outline how we deal with any personal data, as defined in Data Protection legislation, you provide to us while visiting our website through the domain www.vayu.ie (the “Site”) and through any data capture form used by Vayu Energy pursuant to your agreement with Vayu Energy.

We have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for our website.

Information in general:

The Vayu Energy Privacy & Cookie Policy applies to anyone who visits our websites, dials into or receives calls from Vayu Energy offices or receives calls from Vayu offices.   It explains how we may collect data from you when you visit one of our websites and how we use that information. Please take the time to carefully read this Privacy & Cookie policy before using our websites.

At Vayu Energy we want our online services to be useful, reliable and easy to use. When you visit our websites we may use cookies to help us deliver useful functionality, improve our websites and provide relevant advertising.

A guide to behavioural advertising and online privacy has been compiled by the internet advertising industry and can be found at www.youronlinechoices.eu

How to manage your cookies:

If you no longer wish to receive cookies, you can always disable cookies through your browser settings; the Help function within your browser should tell you how.

You can set your browser to notify you when cookies are active, or you may choose not to accept cookies at all. In addition, you can delete cookies that have already been set.

Vayu Energy will assume that you agree to the placement of cookies on your device unless you specifically choose not to receive our cookies, in which case we cannot guarantee that your experience will be as fulfilling as it would otherwise be.

Vayu Energy uses Google Analytics to collect information about how visitors use our websites. The cookies used by this product collect information in an anonymous form. If you wish to opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

If you fill out a form on our websites requesting information from or providing feedback to Vayu Energy, we ask that you provide, amongst other things, your name, an email address and your postal address. The type of information Vayu Energy collects is clearly set out on the applicable online form on our websites. We require these details to better understand the needs of visitors to our websites.

This enables us to provide you with information promptly regarding the products and services which you may request from Vayu Energy from time to time.

The following applies to any information you provide to Vayu Energy:

You authorise Vayu Energy to use, store, and process and disclose such information to the extent necessary to provide you with information regarding Vayu Energy’s products and services.

You will ensure that the information you provide is accurate and complete.

Unless specifically informed otherwise in connection with the products and services provided by Vayu Energy, we will not release any of the information you provide to third parties.

Disclosure:

We will keep your information confidential except where disclosure is required or permitted by law. Generally, we will only use your information within Vayu Energy. However, sometimes we use third parties to process your information on our behalf.  Vayu Energy requires these third parties to comply with our instructions and we require that they do not use your personal data for their own business purposes, unless you have explicitly consented to the use of your personal data in this way.

Right of access:

You have the right to ask for a copy of your personal data.  Vayu Energy is entitled to charge a nominal administration fee for this. If you wish to avail of this right, you should submit a written request to:
Vayu Energy – Data Protection Officer, Macken House, 39-40a Mayor Street, Dublin 1.

In order to protect your privacy, you may also be asked to provide suitable proof of identification. If any of your details are incorrect please let us know and we will amend them.

Right of rectification or erasure:

If you would like any of your personal data corrected, if inaccurate, or removed from our files, you can request this to be carried out by emailing us at: info@vayu.ie.  Please note, however, that if we delete your personal data it may not be possible for us to fully enable you to access all information regarding our products or services which you may request.

Links:

Where applicable, our websites may provide links to other websites. Privacy policies on these websites may differ from that on this website, and we advise that you review the other website’s policies before providing personal data.  While every care has been taken to ensure the highest quality and standard of websites to which we link, Vayu Energy takes no responsibility for the content of those websites and is not responsible for their data protection policies.

Revisions to privacy policy:

Vayu Energy may revise this privacy policy from time to time. Changes to this privacy policy will be posted here so you should periodically check this page to review the most recent policy.

If you have any questions about this privacy statement, the practices of this website, or your dealings with this website, you can contact: Vayu Energy – Data Protection Officer, Macken House, 39-40a Mayor Street, Dublin 1.

Security:

Vayu Energy has taken all commercially reasonable steps to ensure the security of your communications with our websites. Information held by our websites is stored on password-protected equipment, behind a firewall and not accessible to the general public via the internet. However, the confidentiality and privacy of data passing over the internet or by email cannot be guaranteed.

Data Protection for Vayu Energy Customers

In order that Vayu Energy may provide you with an effective service, it is necessary for Vayu Energy to collect data relating to you while you are being supplied with Natural Gas, Electricity, Power Purchase Agreements and / or Energy Services.   This data is used mainly to manage your customer account and for operational reasons.

From time to time, Vayu Energy, our agents and/or service providers may collect from our Customers, personal data relating to the employees or other officers of our Customers. Such personal data shall be used and disclosed by Vayu Energy, at any time in the future, solely as strictly necessary for the purposes of managing our relationship with our Customers pursuant to signing the supply agreement, including for contact purposes and any future sales and marketing activity. Customers shall procure the consent of such individuals to the uses and disclosures of personal data referred to in this condition and shall inform the individuals that they are entitled to access their data and have any incorrect details amended or erased.

Throughout the course our Customer’s ongoing customer/supplier relationship with Vayu Energy our Customers may from time to time speak to Vayu Energy employees (or those of our agents and/or service providers) by telephone. As part of its commitment to ensuring that the highest levels of service are provided to our customers, such telephone conversations may be recorded. Vayu Energy agrees to keep the recorded information in the strictest confidence and to use the information solely for staff training/quality control purposes, for verifying our Customer’s instructions to Vayu Energy and for such other uses/disclosures as are referred to in this condition. Customers shall procure that its employees and other officers are informed of the terms of this condition. Vayu Energy will only retain this data in accordance with relevant legislation and regulations.

Marketing Notice

Vayu Energy, members of the Vayu Energy group and/or agents acting on behalf of Vayu Energy may wish to contact you by text message, e-mail, post, telephone or in person with information about our products or services (relating to Natural Gas, Electricity or other products and services, including those offered by third parties) which may be of interest to you.

Please follow carefully the instructions below to ensure that your marketing preferences are respected.

If you do not wish to be contacted by e-mail or text message with information about Vayu Energy products and services which relate to the supply of Natural Gas, Electricity, Power Purchase Agreements and/or Energy Services, please exercise your right of opt-out.

If you do not wish to be contacted by post, telephone or in person with information about Vayu Energy products or services, including those which may not relate to the supply of Natural Gas, Electricity, Power Purchase Agreements and/or Energy Services, please exercise your right to opt-out.

We will comply with the Data Protection legislation, so any personal data which you supply to us will be used for the purposes indicated below. Please do not give us information if you do not want it stored. The nature of the personal data which we keep on record may include your name and email address or any other information that you provide to us. Vayu shall not use the Customer’s personal information other than for the purposes directly connected with the supply of energy under the terms of the agreement, as outlined in our terms and conditions of supply, without the express authorisation of the Customer unless permitted by law.

The information which we obtain and hold about you and your company will be used to provide you with information and for the purpose of communicating with you and/or your company and providing or improving our service. The information will also be used to manage and administer this Website and/or your account. This may include transferring your information to 3rd parties. The information will only be used as stated herein and/or in such other circumstances where there is an obligation to do so, or as the law permits, or where we have your consent.

The information we hold about you is confidential and will only be disclosed at your request or with your consent, to administer your account, to investigate or prevent fraud or if the law permits it or it is in the public interest.

We will retain your personal data only for as long as is required and for the purposes for which it was originally given. The personal details are then destroyed unless we are legally obliged to retain the data and/or transmit it to a regulatory or government authority.

Like most websites, we gather statistical and other analytical information of all visitors to our website including cookies and clicktrails. We use the data gathered to get a better understanding of where our visitors come from and to help us better design and organise our website.

We would ask that you keep us informed (by email, telephone, or in writing) of any changes in your personal data so that we may have our records up to date at all times.

We will from time to time amend this Data Protection and Privacy Policy Statement and such amendments will be posted on the website.

Nothing on this website constitutes advice, nor does the transmission, downloading or sending of any information create any contractual relationship. Vayu accept no liability or responsibility whatsoever for any loss or damage suffered by any user of the information contained on this website.

By continuing to use this website you are deemed to accept the above terms and conditions. Naturally, if you are not happy with this website privacy policy you should not use this website.

Upon payment of a fee and by written request to The Data Protection Officer, Vayu, you are entitled to a copy of the personal data held about you by us, as provided for under the Data Protection Act.

You also have the right to require us to correct any inaccuracies in your information.

Collection of Personal Data

Vayu collects personal data for many reasons through a number of channels – primarily to provide you with a service. The purposes for which your personal data is collected are described below, along with a brief description of how your Personal Data may be handled in each case.

Communicating with you. We use your information in order to provide you with a service – this includes ongoing account managements and other related products and services provision. We also follow up on information requests via telephone, e-mail, by post or in person.

Direct marketing and promotion. Direct marketing and/or promotional efforts by or on behalf of Vayu may include providing you with specific information that you have requested or providing more general information about other Vayu offerings. We also follow up on information requests via telephone, e-mail, by post or in person.

Recruitment. If you submit a job application online, we will use your personal data for recruitment-related purposes, which may include contacting you via email, telephone or post.

Supplier administration. We will use your personal data in connection with entering into or performing a transaction with a 3rd party supplier as is required for use to provide you with your service. See our terms and conditions of supply for more information.

Entire Agreement

These Terms (including the Privacy Statement contained elsewhere on this Website) constitute the entire agreement between Vayu Energy and you with respect to your access to and use of the Website and any third-party site accessed through the Website. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Nothing in these Terms is to be construed to contradict or vary the terms of our Customer Supply Agreement and in the event of any conflict between these Terms and our Customer Supply Agreement, the latter shall prevail.

Contact Us

If for any reason you wish to contact us, we can be reached at:

Vayu Limited, 6th & 7th Floor, The Irish Times Building, 24 – 28 Tara Street, Dublin 2.

Tel: +353-1-884 9400

Email: info@vayu.ie