GENERAL

www.calorgas.ie and www.mycalorgas.com and the facilities, services and materials available thereon (together, the “Website”) is owned and operated by Calor Teoranta, a company incorporated in Ireland (registration number 15249) trading as Calor Gas and Calor Kosangas, having its registered office at Long Mile Road, Dublin 12, (VAT Number IE8F76380J) (“Calor”).  For the purposes of these Terms of Use “we”, “our” and “us” refers to Calor.

Calor sells supplies of liquid petroleum gas through the Website (the “Products”).

Your use of the Website and your purchase of any Product(s) are each subject to your acceptance of these terms and conditions (the “Terms of Use”).  Please ensure you read them carefully in their entirety.  By accessing and using the Website and/or purchasing a Product from it you agree, and you are signifying your agreement, that you have read, understood and agree to be bound by and comply with these Terms of Use.

If you simply want to browse through the Website to see what Calor has to offer, there is no need for you to register and open an account with us.  Nonetheless, your use of the Website will be subject to the relevant sections of these Terms of Use.  If you wish to purchase a Product through the Website, you will need to register on the Website.  As part of, and to complete, the registration process for the purposes of opening an account with us, you will be asked to tick a box to signify that you have read, understood and accepted these Terms of Use.  If you do not agree to these Terms of Use, do not use the Website or purchase any Product from it.

None of the provisions of these Terms of Use shall be interpreted as to deprive you of any rights you may have as a consumer under mandatory Irish law.

Your use of the Website and any online purchase of a Product is entirely at your own risk.

1. Age and Responsibility

To purchase any Product from the Website you must be aged at least 18 years of age.  You understand that by purchasing a Product from the Website you are fully responsible for paying Calor for that Product.

2. Registration

Registration is not required if you simply want to browse through the Website. Registration is required if you wish to purchase a Product from the Website. In order to complete the registration process and to open an account with us, you must choose a User ID and password.  Calor may restrict your chosen User ID or password.  When registering, you will be asked to provide information such as your name, address, telephone number, email address and credit card details.  All information supplied by you must be true, complete, accurate and offered in good faith and not the confidential property of others or in violation of any other third party’s rights.  We will only use your information in accordance with our Privacy Statement. Calor does not guarantee the security of any information transmitted to or from the Website.  Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration.  You understand and agree to assume the security risk for any information you provide using the Website.  We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or otherwise in connection with any information sent by you to us or any information sent by us to you over the internet. You are solely and fully responsible for all actions taken under your account.  You agree to use the Website and to purchase any Product from the Website using your own User ID and password only.  You must make all reasonable efforts to keep your password safe and you agree not to disclose it to any other person or permit, either directly or indirectly, any other person to utilise your User ID or password or account.  You agree to immediately notify Calor of any unauthorised use of your User ID and/or password and/or account or of any other unauthorised breach of security.

Calor reserves the right to refuse to accept your application for registration and/or to suspend or terminate your account without prior notice or reason at any time at its sole discretion.

3. Use of the Website

You may only download, display or print part of the Website in order to obtain information about Calor and its products and services or to order Products, you may not download, display or print any part of the Website for any other commercial purposes.

 

You agree not to use the Website or the Products for or in connection with any of the following activities:

• any purpose that is fraudulent, unlawful or prohibited by these Terms of Use;
• accessing or using the Website or purchasing Products from the Website in and from jurisdictions which restricts or prohibits same by local law;
• in any manner which could damage, disable, overload, flood, mailbomb, crash or impair the Website or interfere with any other party’s use and/or enjoyment of the Website.  In particular, you will not post or transmit to or from the Website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law;
• transmitting material which may cause harm to Calor’s or any other party’s computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer’s functionality or the operation of the Website;
• harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam;
• accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
• attempting to gain unauthorised access to the Website, or any accounts, computer systems and networks connected to any Calor website, through hacking, password miming or any other means; or
• harvesting or otherwise collecting by any means any program material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of Calor.

4. Intellectual Property Rights

The information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, button icons, trademarks, service marks, trade names, logos and other materials and services found on the Website (collectively, the “Content”) are protected by copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties.  All proprietary rights, title and interest in and to the Content shall be and at all times and for all purposes remain vested in Calor and/or its licensors (as the case may be).  All rights not expressly granted hereunder are reserved to Calor and/or its licensors (as the case may be). Subject to your agreement to and compliance with these Terms of Use, you are hereby granted permission to access the Content from the Website, to view and browse through the Website, to bookmark or point to any page within the Website, to order, pay for and submit queries in respect of any Products, to print a single hard copy of the Content for your own reference, provided however that all copyright, trademark and other proprietary notices are left intact. You agree not to resell, decompile, reverse engineer, disassemble or otherwise convert the software used on the Website.  Furthermore, you shall not copy, modify, transmit, display, distribute, perform, reproduce, license, publish, create derivative works from, upload, extract, transfer or sell any information, Content or software contained on or forming part of the Website, or otherwise use the content of the Website for resale, redistribution or for any other commercial use, without the prior written consent of Calor and you acknowledge that to do so will be a violation of the proprietary rights of Calor.  You may, however, save a copy of this page to your local hard disk for the purposes of creating one personal back-up copy. Unless specifically authorised by Calor in writing to do so, you may not (i) create and submit computer programming routines or engines that are intended to generate multiple requests for any of the Content provided by the Website; (ii) create any frames at any other sites pertaining to the Website; or (iii) “deep-link” to the Website which means that you may not create, post, display, publish or distribute any link to the Website for any purpose.  If you wish to undertake any of these activities, you must first contact Calor to seek written permission. You hereby grant Calor a non-exclusive, royalty free, worldwide, perpetual, irrevocable licence with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any content and other information (including without limitation ideas contained therein for new or improved Products, goods and services) which you submit to any public areas of the Website (such as bulletin boards, discussion groups, forms in news groups or by email to Calor).  You also grant Calor the right to use your name in connection with the submitted content.

5. Indemnity

You agree to indemnify and keep fully and effectively indemnified and hold Calor, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers harmless from and against any and all liabilities, claims, demands, obligations, losses, expenses, damages, penalties, actions, judgments, suits and costs of any kind or nature whatsoever (including legal costs) resulting from any violation or breach by you of these Terms of Use.

6. Availability

Although Calor endeavours to ensure the Website is available at all times, there may be occasions when interruption to the Website may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control.  You agree that Calor shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website. You have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

7. Links to Third Party Website

The Website contains links to third party websites.  Calor does not own or control such third party websites and only provides links to other locations on the internet for information purposes.  The fact that Calor provides a link to a third party site does not mean Calor endorses, authorises or sponsors that site.  Calor reserves the right at any time to terminate a link to a third party site.  Your use of third party sites is subject to the terms and conditions of use contained within each of those sites.  Access to any third party site through the Website is at your own risk.  Calor shall have no responsibility whatsoever for the accuracy of any information, data, opinions, statements made on any third party site or the security of any link or communication with the site.  We have not verified the content of any such sites.

8. Use in the Republic of Ireland Only

The Website is controlled and operated by Calor from its offices within Ireland.  The Website has been specifically designed for use in Ireland.  Calor cannot guarantee that the Website or the information or Products or services offered thereon complies with or is appropriate for use in other jurisdictions and Calor makes no representation that the Website is appropriate or suitable for use in countries other than Ireland.  If you choose to access the Website from other locations outside of Ireland, you are responsible for compliance with local laws if and to the extent local laws are applicable.

9. Changes in the Terms of Use

We may modify or terminate any facilities, services and/or Products offered through the Website from time to time, for any reason and without notice, and without liability to you, any other user or any third party.  Any additions to, or enhancements of the Website and/or the Products, including the release of new Products, shall be subject to the Terms of Use. To the greatest extent permitted by applicable law, Calor reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of the Website at its sole discretion, including these Terms of Use from time to time.

You should check the Website for any changes to the Terms of Use each time you access the Website.  Your continued use of the Website will signify your acceptance of any revised Terms of Use.  If you are a registered user and wish to purchase a Product, you will be asked to tick a box to signify that you have read, understood and accepted the revised Terms of Use. 

10. Privacy Statement

Calor respects the privacy of individuals who access the Website.  For full details of the manner in which Calor uses cookies, the type of information we collect, how we use it, links to other sites and under what circumstances we disclose information please read the Privacy Statement which is hereby incorporated into and forms part of these Terms of Use.

11. Disclaimers

This clause limits our legal liability to you for your access to and use of the Website and your online purchase and use of the Products.  You should read this clause carefully.  You acknowledge that you have entered into these Terms of Use relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract Nothing in these Terms of Use is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.

THE WEBSITE AND/OR THE PRODUCTS ARE AVAILABLE TO ALL USERS “AS IS” AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND/OR THE PRODUCTS ARE MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CALOR MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE PRODUCTS OR MATERIALS AVAILABLE ON THE WEBSITE (INCLUDING WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE). CALOR MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALOR ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF CALOR, WHICH CORRUPTS OR EFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE WEBSITE. ALL USE BY YOU OF THE WEBSITE IS AT YOUR OWN RISK.  YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES, SERVICE, MATERIALS OR PRODUCTS PROVIDED ON THE WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE WEBSITE.  YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALOR AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO CALOR WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALOR SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

12. Limitation of Liability

This clause limits our legal liability to you for your access to and use of the Website and your purchase of Products from the Website.  You should read this clause carefully.  You acknowledge that you have entered into these Terms of Use relying on the limitations of liability stated herein and that those limitations are an essential basis of this contract.  Nothing in these Terms of Use is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded. To the fullest extent permitted by applicable law, neither Calor nor any of its officers, directors, employees, affiliates or other representatives will be liable for any loss or damages arising out of or in connection with your use of the Website, the Products or transactions entered into through or from the Website including, but not limited to, direct, indirect, consequential or special loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property, exemplary or punitive damages whether in contract, tort or otherwise, even if the possibility of such damages had been advised, or such loss or damages were reasonably foreseeable.  In no event shall Calor or any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of any services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, power failures, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of third party. No provision in these Terms of Use shall apply to limit Calor’s liability arising from death or personal injury caused by Calor’s negligence or for Calor’s fraud.

13. Offer and Acknowledgement

A service request (order) submitted by you constitutes an offer by you to us to purchase a Product(s) (as identified by you in your service request) via the Website on these Terms of Use and is subject to our subsequent acceptance. In submitting your service request, you warrant and undertake that any information provided by you when placing your service request is up-to-date, accurate in all material respects and is sufficient for us to fulfil your service request; and that you have the legal capacity to enter into a contract.  You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness.  You are also responsible for keeping all such information (including your credit card details and any passwords given to you for the purposes of accessing the Website and/or purchasing the Products available on the Website) secure against unauthorised access.  We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your credit card on the Website. When you are submitting a service request, you will be asked to confirm that all of the details which you have given are correct.  If you identify and wish to correct any input errors, please do so at that stage. In addition to these Terms of Use, All service requests are subject to additional purchasing terms and conditions which shall be available to you at the time that you place your service request and which you will be required to agree to in order to proceed with your service request.  When you submit your service request you will be presented with a confirmatory screen setting out the summary of your service request.  You should review the confirmation screen carefully to ensure that all details are correct.  If you have any queries about or wish to correct any of your service request details, you should contact Calor by emailing http://www.calorgas.ie/for-home/im-a-calor-customer/customer-enquiry/ immediately.  If you have any complaints about the quality of your Product(s) or if your Product(s) is any way defective, then you should contact Calor at Long Mile Road, Dublin 12, Ireland, send an email to http://www.calorgas.ie/for-home/im-a-calor-customer/customer-enquiry/, or call us on 01 450 5000. While Calor will make reasonable efforts to facilitate the efficient processing of your service request, your service request may be rejected (without liability) if for any reason Calor is unable to process or fulfil your service request.  In particular, and without prejudice to the generality of the foregoing, your service request may be rejected (without any liability) if you are in breach of any of the Terms of Use or any additional Calor terms and conditions.  If your service request is rejected, any prior payment that you may have made will be refunded, unless the reason for rejecting your service request is due to your breach of the Terms of Use. We may keep records of service requests received, acknowledgements, acceptances and other contract records for a reasonable period after acceptance of your service request.  We will use our reasonable commercial endeavours to provide you with copies on written request.  We recommend that you print a copy of all such documents and the Terms of Use for your own records. Your contract with Calor may only be concluded in the English language.

14. Pricing and Payment

Any prices, quotations and descriptions made or referred to on the Website are provisional, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your service request. All prices stated on the Website are in euro and unless otherwise specified are exclusive of VAT and any other applicable tax or duty and any delivery charges.  VAT is charged at thirtee one and a half percent (13.5%) unless you are notified otherwise.  Calor reserves the right to change prices and the delivery charges stated on the Website at any time and without notice. Calor accepts payment for the Products by the following payment methods only:

• Credit cards (Mastercard and Visa) either online or by telephone
• Laser Card either online or by telephone
• Direct Debit
• Cheque, Postal Order or Bank Draft

15. Delivery

While we will set out approximate delivery timescales on the Website and in our confirmatory screen, we do not guarantee any specific delivery times or dates and shall not be liable to you in respect of any delays or failure to meet any and all delivery timescales. In the event that there is any such delay or failure to meet delivery timescales, you should contact http://www.calorgas.ie/for-home/im-a-calor-customer/customer-enquiry/.  If you have not received your Product(s) within thirty (30) days of the date specified in your confirmatory screen, you are entitled to a refund of any monies paid in respect of that service request (unless otherwise agreed). You should also ensure that the delivery address specified on our confirmatory screen is correct and should notify us immediately if there are any inaccuracies in the delivery address.  You may be subject to additional delivery charges in the event that you wish to change your delivery address after submitting an service request and before your Product(s) have been delivered to your delivery address. We do not retain credit/debit card information on our web servers after the transaction has been completed. Therefore you will need to enter your details each time you wish to purchase Products on the Website.

16. Right of Cancellation

If you are a consumer (i.e. if you are a natural person who, as regards a distance contract, is acting for purposes which are outside your trade, business or profession) then, under the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001, you have a right to cancel your contract for the purchase of the Products without giving a reason within a period of seven (7) working days from the date the contract was formed.  If you wish to cancel the contract in such a way, you must send notice in writing to Calor requesting cancellation of the contract within such seven (7) working day period.  In such circumstances, you shall be responsible for the direct cost of returning the Product(s) to Calor.  In the event that the liquefied petroleum gas which you requested has been delivered to you in accordance with the terms of the contract which you then seek to cancel, in accordance with the provisions of this section, then you shall be liable to pay our charges incurred in retrieving the liquefied petroleum gas.  We shall advise you of these retrieval charges at the time of such retrieval.

17. Suspension and Termination

Calor may at any time at its sole discretion, without notice to you, restrict, suspend or terminate your access to and/or use of the Website or any service forming part of the Website (including without limitation sale of the Products to you), wholly or partially and for any reason whatsoever, including without limitation, where you are in breach of these Terms of Use, or if Calor cannot verify or authenticate any information which you submit to the Website, or if for any reason Calor suspends or discontinues the Website and/or sale of the Products, or is unable to supply a Product to you.  Calor is not liable to you or any third party for any suspension or termination of your access to or use of the Website or unavailability of any Products.  Calor reserves the right to pursue all of its legal remedies upon breach by you of these Terms of Use.

18. Jurisdiction and Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Ireland, and you hereby irrevocably agree for the benefit of Calor and without prejudice to the right of Calor to take proceedings in relation to these Terms of Use before any court of competent jurisdiction, that the Courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use, and for such purposes you irrevocably submit to the jurisdiction of the courts of Ireland.

19. Miscellaneous

(a) Waiver Any waiver of any provision of these Terms of Use must be in writing signed by Calor to be valid.  Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. (b) Severability If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, then such provision shall be severed and the remainder of these Terms of Use shall continue in full force and effect. (c) Entire Agreement These Terms of Use govern your use of the Website and the purchase by you of any Products, superseding any prior agreements between you and Calor relating to same.  You acknowledge that in addition to the Terms of Use you may be subject to terms and conditions which apply when you purchase Products. (d) Legality Nothing contained on the Website is a promotion for any product or for the use of any product which is not authorised by law.  Calor respects and aims to protect third party intellectual property rights.  If you believe that the Website or any Product available thereon constitutes or may constitute an infringement of a third party’s intellectual property rights, please contact us immediately http://www.calorgas.ie/for-home/im-a-calor-customer/customer-enquiry/.