Terms & Conditions
Energy Online Terms & Conditions
1.1 Energia provides the App and the Website (defined below) to allow domestic customers to manage their energy account online in Ireland (Energy Online). We do not represent that content available on or through the App or the Website is appropriate for use or available in other locations.
1.2 These are the terms and conditions you agree to when using the App or the Website
1.3 Where you are a customer or become a customer these terms and conditions are in addition to Energia’s standard terms and conditions which govern a customer’s energy supply with us. The terms and conditions which govern a customer’s energy supply can be found at www.energia.ie/terms . If there is any conflict between these terms and conditions and Energia's standard terms and conditions then Energia's standard terms and conditions shall prevail except in relation to limitation of liability which is set out in detail below.
1.4 Where our App or Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resource. The use of those sites or resources are governed by the third parties terms and conditions.
1.5 Where our App or Website contains links to our E-Commerce site www.smarthomestore.energia.ie , Cosy Homes services found at www.energia.ie/cosy-homesor the Energia Extra site www.extra.energia.ie please note that these terms and conditions do not apply and that separate terms and conditions apply to those sites and services provided by them.
1.6 You acknowledge and agree that by registering with Energy Online a) that your login details maybe used to provide a single sign on to the Energia Extra site www.extra.energia.ie ; and b) your Energia App will launch the Netatmo App where installed on your device, in each case separate terms and conditions apply. The ways in which you use the App may also be controlled by the relevant App store’s rules and policies.
2. Information about us and contact details
2.1. The following definitions apply to this Agreement
2.1.1. “Agreement” means the terms and conditions set out in this document.
2.1.2. “App” means the Energia Online App as may be updated from time to time.
2.1.3. “Energia”, “We”, “us” or “our” means Energia Customer Solutions Limited, t/a Energia, company number 306035 having its registered office at The Liberty Centre, Blanchardstown Retail Park, Dublin 15, D15 YT2H, Ireland.
2.1.4. “Website” means the Energia Online Website (https://energyonline.energia.ie/) as maybe updated from time to time.
2.2. You can contact us by telephoning our customer service team on1850 405 405 Monday to Friday between the hours of 9am to 5pm or by email addressed to firstname.lastname@example.org .
3.1. In order to use the App or Website, you must:
3.1.1. adhere to this Agreement;
3.1.2. download the App or access the Website (as appropriate); and
3.1.3. have an Android, iOS smartphone or device with an up to date operating system and browser. One will not be provided for you
3.2. Energia reserves the right to determine at its sole discretion who shall be eligible to use the App or Website and use maybe withdrawn at any time without notice. Breach of these terms and conditions may result in the temporary or permanent withdrawal of your right to use our App or Website.
4. The App or Website
4.1. You agree that we may update the App or Website without notice and this may require you to install an updated version of the App, your device’s operating system, or browser from time to time. Any updates will be aimed at improving the performance and design but will not be responsible if an update affects how the App or Website works caused by your own device not supporting the update.
4.2. Using the App or Website should enable you to
4.2.1. perform login;
4.2.2. access to view bills and letters;
4.2.3. submit meter readings online;
4.2.4. monitor consumption;
4.2.5. track usage;
4.2.6. make a payment
4.2.7. access third party’s sites;
4.2.8. receive push notifications (in relation to the App only);
4.2.9. receive email notifications;
4.2.10. edit customer information including marketing preferences; and
4.2.11. such further services as we may add from time to time.
4.3. We do not guarantee that our App or Website, or any content or services on them, will always be available or be uninterrupted. Certain services, the App or the Website may be unavailable for maintenance, operational reasons or when upgrades are being carried out.
5. Data Protection
5.1. Protecting our customer’s personal data is important to us. Please see our Privacy Statement set out in the Appendix to this Agreement for details of how we collect, use, store, share and protect your personal data in compliance with Data Protection legislation.
5.2 Notwithstanding clause 5.1 you have the right to request the erasure of your personal data. You should let us know if you require us to erase your personal data by contacting our the Data Protection Officer at Dataprotection@energia.ie or by writing to the: Data Protection Officer, The Liberty Centre, Blanchardstown Retail Park, Dublin 15, D15 YT2H.
5.3. Please see our Cookies Policywww.energia.ie/privacy/cookie-policy to learn more about the Cookies we use.
6.1. Warranty Disclaimer
6.1.1. You acknowledge that the App or Website is being provided “as is” and Energia expressly disclaims all warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement relating to the App or the Website to the extent legally permitted.
6.1.2. You are also responsible for ensuring that all persons who access our App or Website through your internet connection or device are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
6.2. Acknowledgement of Products
6.2.1. Energia has the right to unilaterally restrict access to, suspend or abandon the App or the Website at any time, on notice, without any obligation or liability to you.
6.3. No Warranty
6.3.1. Energia gives no warranty that the App or the Website operation will be uninterrupted, reliable, accurate, available, error-free or free from unauthorised access.
6.4.1. You acknowledge and agree that:-
18.104.22.168. installation, storage and maintenance of the App shall be at your sole risk and responsibility;
22.214.171.124. you assume sole and complete responsibility for the installation, storage and maintenance of the App and waive any claim or demand against Energia in connection with them. Energia authorises the use of the App in reliance upon this waiver;
126.96.36.199. the provision of the App or Website is dependent upon third party providers. Energia is not responsible for any act or omission or the availability or quality of any products or service provided by such third parties to the extent legally permitted; and
188.8.131.52. in no event will Energia be liable to you or any third party for damages of any kind arising out of the installation or use of or inability to use the App or Website.
7. Access to the App or Website
7.1. Although we make reasonable efforts to update information through our App or Website, we are under no obligation to do so, and we make no representations, warranties or guarantees, whether express or implied, in relation to the content of our App or Website being accurate, non-infringing, compatible, complete or up to date or that any transaction that may be conducted through our App or Website as being secure.
7.2. We do not guarantee that our App or Website will be secure or free from bugs or viruses. You are responsible for configuring your own information technology to access our App or Website. You should use your own virus protection software.
7.3. If you download, stream or use our App or Website on a device not owned by you, you must have the device owner’s permission to do so. You will be responsible for complying with these terms and conditions whether or not you own the device.
7.4. By using our App or Website or any of the services you agree to us collecting and using technical information about the devices you use our App or Website on and related software, hardware and peripherals to improve our products or services.
7.5. Certain services within our App or Website may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings your device. If you use these services you consent to us and our affiliates’, licensee’s service providers and agents transmission, collection, retention, maintenance processing and use of your location data and queries to provide and improve location- based products and services.
7.6. We may withdraw your access to Energy Online and the information in Energy Online when you cease to be a customer for energy supply after 90 days. Where you have not removed the App from your device you may continue to receive push notifications after this time.
- 8. Prohibited Uses
8.1. You may only use our App or Website for lawful purposes. You may not use our App or Website in any way that breaches any applicable local, national or international law or regulation, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. You must not attack our App or Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We reserve the right to report any such breach to the relevant law enforcement authorities and will co-operate with those authorities including by disclosing your identity to them. In the event of such a breach your right to use our App or Website will cease immediately.
8.2. You also agree not to reproduce, duplicate, copy or re-sell any part of our App or Website.
8.3. You also agree not to access without authority, interfere with, damage or disrupt any of the systems, equipment or networks used to provide our App or Website.
9. Electronic Communication
9.1. Applicable laws require that some of the information or communications we send you should be in writing. When you use our App or Website, send SMS messages or send emails, to us you are communicating with us electronically. We may communicate with you through our App or Website, SMS message, push notification or email. For contractual purposes you agree to this means of electronic communication and that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
9.2. Where you communicate with us electronically you must ensure that you comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (UCE), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, gambling and child protection.
9.3. You should not provide us with any sensitive data including information in relation to an individual’s medical health condition, race or ethnic origin, political opinions or philosophical beliefs.
9.4. In your electronic communications with us you must not
9.4.1. be defamatory in relation to any person;
9.4.2. be obscene, offensive, hateful or inflammatory;
9.4.3. bully, insult intimidate or humiliate;
9.4.4. promote sexually explicit or violent material;
9.4.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation;
9.4.6. infringe the copyright, database right or trade mark of any other person;
9.4.7. be likely to deceive any person;
9.4.8. promote any illegal activity or be in contempt of court;
9.4.9. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless activity;
9.4.10. impersonate any person, or misrepresent your identity or affiliation with any person;
9.4.11. contain any advertising or promote any services or web links to other sites;
9.4.12. use non-permission based Email or SMS lists;
9.4.13. use purchased or rented Email or SMS lists;
9.4.14. use third party SMS, email addresses, domain names, or mail servers without proper permission;
9.4.15. send Emails or SMS to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org);
9.4.16. send Emails or SMS that result in an unacceptable number of spam or UCE complaints (even if the Emails themselves are not actually spam or UCE);
9.4.17. where applicable fail to include a working “unsubscribe” link in each Email or SMS that allows the recipient to remove themselves from your mailing list;
9.4.18. fail to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
9.4.19. disguise the origin or subject matter of any Email or SMS or falsify or manipulate the originating SMS, email address, subject line, headers, or transmission path information for any Email or SMS;
9.4.20. fail to include in each Email your valid physical mailing address or a link to that information; and
9.4.21. include “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Email or SMS that encourages a recipient to forward the Email or SMS to another recipient.
9.5. You acknowledge, that Email and SMS are an insecure medium that is generally not encrypted in transit and security of information transmitted through the Internet can never be guaranteed and, accordingly, we nor any of our service provides are responsible for any corruption, interception or interruption of any communications through the internet or for changes to or loss of your data in connection with this agreement.
9.6. In our electronic communications with you we use service providers and you will defend, indemnify and hold us and our service providers harmless from and against all claims brought or threatened by a third party against us or our service providers relating to the restrictions in this clause or; any breach by you of our or our service providers intellectual property rights.
9.7. Breach of this clause may result in the temporary or permanent withdrawal of your right to use our App or Website
10. Intellectual Property Rights
10.1. We are the owner or licensee of all intellectual property rights in our App or Website and the material published through it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2. You must not use our App or Website for commercial purposes without obtaining a licence to do so from us or our licensors.
10.3. “Energia” and its logo are registered trademarks belonging to us. You are not permitted to use them without our approval.
11.2. Please note that if we or any transaction provider used to process payments suspects fraud we have the right to cancel a transaction for security reasons.
11.3. In order to process your payments we use third party industry payment processors any you are responsible for the accuracy of the information provide to them and will be liable to us for any losses or damages incurred by us in respect of inaccurate, erroneous or fraudulent information provided by you to such payment processors. You will responsible for all fees and losses we may incur as a result of any transaction being declined. We make no representation on behalf of any payment processor or relevant card provider. You acknowledge that we take reasonable steps to ensure security but that due to the nature of the internet we cannot guarantee that there will be no unauthorised interception of data in connection with such payment processing.
12. General terms
12.1. Restrictions on Use
12.1.1. The App or Website is to be used solely for personal use in accordance with this Agreement and must not be resold.
12.1.2. You must not:-
184.108.40.206. repair, modify, alter or improve the App; or
220.127.116.11. reverse engineer, decompile, adapt or alter the object code used to provide our App or Website.
12.2.1. You shall not assign any of your rights or obligations under this Agreement without the prior consent of Energia.
12.2.2. Energia may at any time assign any of its rights and obligations relating to our App or Website or this Agreement to a third party.
12.3.1. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be removed and the remainder of this Agreement shall continue to apply as if that provision were not included.
12.4. Governing Law
12.4.1. This Agreement will be governed by and construed in accordance with the laws of Ireland whose courts shall have exclusive jurisdiction.
12.4.2. We will not be responsible for:-
18.104.22.168. use of our App or Website not in accordance with instructions;
22.214.171.124. any costs, loss or damage that you suffer as a result of not using our App or Website in accordance with instructions or by problems caused by your smartphone, device or connectivity (Bluetooth, mobile or wi-fi);
126.96.36.199. any costs, loss or damage that you experience by unauthorised use of your account, for example if your smartphone or login details are lost or stolen. We advise you to keep your login details secret and to use PIN protection on your smartphone or device to prevent unauthorised use of your device;
188.8.131.52. any costs, loss or damage you experience as a result of you, or anyone else, tampering with, decompiling or reverse-engineering our App or Website; or
184.108.40.206. any indirect, consequential or unforeseeable loss nor for any loss of profit, loss of goodwill, loss of business, business interruption, or loss of business opportunity.
12.4.3. We do not exclude or limit our liability where it would be unlawful to do so. This excludes liability for:
220.127.116.11. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; and
18.104.22.168. fraud or fraudulent misrepresentation;
12.4.4. Our liability to you shall be limited to £1,000 for any incident or series of related incidents.
12.4.5. If defective digital content which we have supplied, via our App or Website, damages any of your devices or digital content, we will not be liable for damage which you could have avoided by following our advice to apply an App update offered to you or could have been avoided by updating your device to the latest version of its operating system or for damage which was caused by you failing to correctly follow installation instructions or to have in place any advised minimum system requirements or your own antivirus software. Any damage that is caused to your device or digital content and which is directly attributable to a breach of our obligations under these terms and conditions, shall be subject to our liability cap as set at clause 12.4.4.
12.5.1. If we delay in taking any steps against you in respect of any breach of these terms and conditions, that will not prevent us from taking steps against you at a later date.
12.6. Third Parties
12.6.1. Nobody other than you can benefit from these terms and conditions.
13. Entire Agreement
13.1. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, communications and understandings (both oral and written).
13.2. This Agreement may be modified by us providing not less than 7 days written notice of any amendment to you (such notice may be by way of email or an appropriate alert in our App or Website or other electronic communication as described in clause 9 ) ,otherwise this Agreement may only be modified or any rights under it waived, in writing and signed by the parties.
- 1. Introduction
Protecting our customer’s personal data is important to Energia. This Privacy Statement sets out how we collect, use, store, share and protect your personal data in compliance with Data Protection legislation.
1.1 Company Information
Energia is part of the Energia Group, the leading independent energy company in the all-Ireland market. Energia is the trading name of Energia Customer Solutions Limited, a company registered in Ireland with company number 306035 and having its registered office at The Liberty Centre, Blanchardstown Retail Park, Dublin 15, D15 YT2H. Further information can be found at https://www.energia.ie/home or https://www.energiagroup.com/.
1.2 Contact us
If you have questions as to the manner in which your personal data is being handled or if you require any further information you can contact the Data Protection Officer at Dataprotection@energia.ie or by writing to the :
Data Protection Officer, The Liberty Centre, Blanchardstown Retail Park, Dublin 15, D15 YT2H.
1.3 Protecting your Information
We are committed to protecting your personal data and to implementing appropriate technical and organisational security measures to protect it against any unauthorised or unlawful processing and against any accidental loss, destruction, or damage.
2. Data we Collect
In order to provide Energia Online we need to collect a number of categories of personal data. We obtain this data through the registration process, marketing or through the on-going management of these services. We cannot provide you with these services unless we have the necessary information. These personal data categories may include:
Name, address, contact details such as telephone number, mobile phone number, email address, date of birth, bank details, credit and debit information, records of payments and any arrears, marketing preferences, website usage, IP address, energy usage, contract duration and identity verification questions (such as mother’s maiden name).
3. How we use your Information
We will use your personal data for the provision and monitoring of the services, to manage your account, provide customer support, improve our products and services, marketing (in accordance with your marketing preferences), research and data analysis and to meet our regulatory and licence requirements.
This processing will be undertaken as necessary for the performance of your contract, with your consent, were necessary to comply with our legal obligations or necessary for our legitimate interests or those of a third party to better manage your account, provide the appropriate services and support, continually improve our processes and products and provide you with the best customer experience.
4. Sharing your Information
We may share your personal data within Energia Group and organisations who act as service providers to Energia such as providers of telecommunications, postal services, data storage, IT services and security, marketing and market research, and making and receiving financial payments. If you are a member of the Customer Loyalty Programme the necessary personal data will be shared with the Energia Extra provider in order to provide you access.
We may pass personal data to our agents and service providers and group companies when relevant for these purposes, including the use of cloud providers. This may involve passing your personal data outside of the European Economic Area and any such recipients will be bound to comply with the European Commission standard contractual clauses or other deemed appropriate safeguards for the transfers of data outside the EEA
5. Retention of your Information
We will retain your personal data only for as long as is necessary for the purposes for which it was collected and in order to meet the legal and business requirements of managing your customer account and experience with us. In particular:
- We will retain personal data that is necessary for us to provide you with the product and service that you have requested or purchased for as long as it takes us to provide that product or service;
- We will retain your contact details for marketing purposes for as long as we have your permission to send you marketing information or for as long as we are permitted to do so, subject to your right to object at any stage;
- We will retain any financial transaction information for seven years after the date of those transactions; and
- We will retain other personal data necessary for us to do so to comply with our regulatory and legal requirements.
6. Your rights
The General Data Protection Regulation provides you with a number of rights under the legislation as a data subject. We will respond to your requests within one month of the receipt of your request or inform you in circumstances where an extension may be required.
6.1 Right of access. You have the right to be provided with details of the processing of your personal data and to obtain a copy of the personal data we hold about you, subject to applicable exemptions under data protection legislation. In order to make an access request please write to the Data Protection Officer at Dataprotection@energia.ie or by writing to the:
Data Protection Officer, The Liberty Centre, Blanchardstown Retail Park, Dublin 15, D15 YT2H.
6.2 Right to rectification. If the personal data we hold on you is inaccurate or incomplete you have the right to rectify such personal data and we would encourage you to ensure the personal data we hold on you is kept as up to date and accurate as possible.
6.3 Right to erasure. In certain circumstances you have the right to request the deletion of your personal data where there is no compelling reason for us to continue processing it.
6.4 Right to restrict processing. In certain circumstances you can request the restriction of the processing of your personal data where you contest the accuracy of the information; where you object to processing which is based on legitimate interests; where the processing is unlawful and you wish to restrict the processing rather than seek erasure; or where we no longer require to retain your personal data but you wish the personal data to be held while you establish, exercise or defend a legal claim.
6.5 Right to data portability. In circumstances where the personal data you have provided to us in a structured, commonly used and machine-readable format is based on your consent or for the performance of the contract and where the processing is carried out by automated means you have the right to request that such personal data be provided to you or transmitted directly to another organisation.
6.6 Right to withdraw consent. If we are processing your personal data on the legal basis of consent you have the right to withdraw your consent at any time. If you withdraw your consent we will no longer be able to carry out processing based on your consent. However by withdrawing your consent it does not invalidate any processing which was undertaken prior to the withdrawal of your consent.
6.7 Right to object to processing. You have the right to object to processing based on legitimate interests and to direct marketing (including profiling for the purpose of direct marketing).
Where we have indicated that we are processing your personal data based on legitimate interest you are entitled to object to such processing on grounds relating to your particular situation. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds for the processing which overrides your interests, rights and freedoms or where the processing is necessary for the establishment, exercise or defence of legal claims. If you wish to object to receiving direct marketing please use the provided opt-outs or contact us to do so.
6.8 Automated decision-making including profiling. You have the right not to be subject to automated individual decision making, including profiling, which produce legal effects concerning you or similarly significantly affects you unless it is necessary for the entry into or performance of a contract, authorised by EU or member state law; or based on your explicit consent.
6.9 Right to lodge a complaint.
You have the right to lodge a complaint with the:
Data Protection Commission by writing to the Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland or contacting them via their website at: https://www.dataprotection.ie/.
- What are cookies and why do we use them?
Like many companies, we use ‘cookie’ technology. Cookies are small pieces of text which are stored on your computer or other devices by your web browser. Each cookie will contain anonymous information will allows them to recognise repeat users and facilitate access to and use of the App. Using cookies on our App allows us to understand how you use the App, so we can improve your experience through layout, navigation and content.
- Cookies we use
The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Website and App. This helps us to improve the way they work, for example, by ensuring that users are finding what they are looking for easily. You can find more information about the individual cookie we use and the purposes for which we use it in the table below:
These cookies are used to collect information about how visitors use our Website and App. We use the information to compile reports and to help us improve the Website and App. The cookies collect information in an anonymous form, including the number of visitors, where visitors have navigated to from and the pages they visited.
These cookies are used to collect information about how visitors use our Website and App and for advertising purposes. We use the information to compile reports and to help us improve the Website and App. The cookies collect information in an anonymous form, including the number of visitors, where visitors have navigated to from and the pages they visited.
- Controlling cookies
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies, remove cookies from your hard drive or set your browser to send you a warning notice before a cookie is stored on your device. Turning off cookies is not permanent.