Terms and Conditions

AKAP Energy Limited is a company incorporated in England and Wales under company number 11135737, with its registered office at 37 Dennis Lane, Stanmore, HA7 4JS, England and with VAT number GB 316 667 192 ("AKAP Energy"). AKAP Energy operates the website: www.akapenergy.com (the "Website").


1.    Introduction

 

a.    This page describes the terms and conditions (the “Terms”) that govern your use of akapenergy.com and (i) the content and related services and products available on or through akapenergy.com (including mobile applications and newsletters) and (ii) any updates, new versions or new releases of those services and products. Individually and collectively, we’ll refer to these services and products as the “Service”.

 

b.    The Service is provided by AKAP energy Limited

 

c.    These Terms are for the benefit of each AKAP Energy group affiliate and each such AKAP Energy group affiliate may enforce these Terms.

 

d.    These Terms comprise the following:

 

i.    the overall terms of use as set in Sections 1 – 5 and 8 - 17 (the “Terms of Use”);

 

ii.    the terms for a user who has completed the registration process as set out in section 6 (the “Registration Terms”); and

 

iii.    the terms for paid subscribers to the Service as set out in Section 7 (the “Subscription Terms”).

 

e.    Certain features or components of the Service may be subject to additional terms and conditions, including user guidelines or other rules, which will be posted on the applicable Service. Those additional terms and conditions are part of these Terms.

 

f.    Please read this section carefully. These Terms apply differently depending on the type of user of the Service you are:

 

a.    For all users:
You agree that by accessing, using and/or downloading the Service, you agree to be legally bound and consent to the Terms of Use. If any of these Terms of Use are unacceptable to you, you must stop using the Service. For those users who do not complete the registration process and/or purchase a subscription, your access to the Service may be limited.

 

b.    For registered users without a paid subscription:
If you have completed the registration process without purchasing a subscription, you may be able to access certain additional parts of the Service. You agree that you are bound by and consent to the Terms of Use and the Registration Terms. If any of these Terms of Use and the Registration Terms are unacceptable to you, you should not complete the registration process (and you will not be able to register to the Services).

c.    For paying individual subscribers: 

If you have completed the registration process and purchased a subscription in your individual capacity, you will be able to access certain parts of the Service in addition to the Service available to registered users. You agree that you are bound by and consent to all of these Terms (including the Terms of Use, the Registration Terms and Subscription Terms). If any of these Terms are unacceptable to you, you should not complete the registration process (and you will not be able to subscribe to the Service). If, after having subscribed, any of these Terms are unacceptable to you, you should cancel your subscription by following the process set out under Section 7 below.

 

d.    For users accessing under group subscriptions:
If you access the Service under a group subscription agreement (e.g. corporations, organizations, institutions, etc.), then your access is also governed by that particular agreement between AKAP Energy and your group. You agree that you are bound by and consent to all of these Terms however if there is any inconsistency or dispute between these Terms and the group subscription agreement, then the terms of the relevant group subscription agreement will prevail to the extent of the inconsistency or dispute.

 

e.    If you access (or download) the Service through any third party platform or service, the applicable terms and conditions for such third party platform or service may apply in addition to these Terms and you agree that you are subject to such application or platforms terms in addition to these Terms.


2.    Age Requirement

 

By subscribing to the Service, you agree that you are at least 18 years old.

3.    Changes to Terms

 

From time to time, we may revise these Terms without giving prior notice. If we do make such revisions, we will post an updated version on this site (and update the “_Last updated on ______” reference above). By continuing to use the Service after the updated version has been posted, you agree that you accept any changes to these Terms. If you do not accept these changes, please stop using the Service and cancel your subscription as described in these Terms.

 

4.    Changes to Digital Products

 

From time to time, we may make changes to the Service without prior notice, which could include modifying, discontinuing, or disabling the Service, or modifying the registration or subscription options available to users. For example, we may automatically update or upgrade the version of the Service you may be using on your mobile device. You agree to any such changes and agree that these Terms will apply to all such changes.

 

5.    Privacy

 

Please review the Privacy Policy (found at: https://www.akapenergy.com/privacy-policy) for a description of our privacy practices. By registering for an account, making a purchase, or otherwise using our Services (including viewing our content), you acknowledge and agree that we may and will collect, use, transfer, disclose, and otherwise process your personal information as described in our Privacy Policy. Without limiting the foregoing and for clarity, you agree that we may transfer your personal information (a) outside of your home country to another country where the laws may not provide an equivalent level of protection and (b) to third parties in accordance with our Privacy Policy

 

6.    Registration

 

a.    As part of the registration process (for both registered users and paying subscribers), you will be required to create a user account (including creating a login name and password). If you do not complete the registration process, you will not be able to access those parts of the Service available to registered users and/or paying subscribers

 

b.    You agree and promise that the information provided by you to us, including during the registration process, is complete and accurate to the best of your knowledge. You will promptly inform us of any changes to your information.

 

c.    You are not allowed to share your login details or give your login details to anyone else. Your registration is for your single use only. You are responsible for the use or misuse of any login details you create as part of the registration process and for maintaining its confidentiality. You must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your login details or account by notifying us at the following link: https://www.akapenergy.com/contact

 

d.    If you fail to comply with this Section 6, we may immediately suspend or terminate your access, registration and/or subscription to the Service.

7.    Subscription

 

Processing:

a.    AKAP Energy will process your subscription order as quickly as possible but there may be delays in activating your subscription.

 

b.    A subscription agreement will only be entered into between you and AKAP Energy once AKAP Energy has processed and verified your subscription order and provided you with access to the relevant parts of the Service (which may be immediately).

 

c.    We reserve the right, at our sole discretion, to reject any subscription order (at any time and for any reason).

 

d.    Your subscription contract will be with AKAP Energy Limited or any AKAP Energy group affiliate, depending on your billing address.

 

e.    AKAP Energy may assign your subscription contract or any rights granted in your subscription contract, in whole or in part, either: (a) to any other AKAP Energy group affiliate; (b) in connection with any AKAP Energy group affiliate’s sale of a division, product or service; or (c) in connection with a reorganization, merger, acquisition or divestiture of any AKAP Energy group affiliate or any similar business transaction.

 

Payment and Pricing:

f.    You must provide us with full and correct payment information.

 

g.    By submitting your subscription details to us (including payment information), you agree and promise that you are entitled and authorised to make the payment using those details.

 

h.    You agree to pay the subscription price specified at the time of your subscription order as well as any other additional charges (including any applicable taxes such as VAT or sales taxes).

 

i.    You also agree to the billing frequency for such payment specified at the time of your subscription order (e.g., monthly or annually). We will charge or debit your payment method at the beginning of your subscription, and we will bill you in accordance with the billing frequency specified at the time of your subscription order.

 

j.    We will specify the currency in which AKAP Energy will bill you at the time of your subscription order. The currency will be determined by your subscription type and billing address.

 

k.    Any subscription discounts or trial subscriptions will be specified at the time of your subscription order and cannot be changed during your subscription term. At the expiry of any discounted or trial period, your subscription will automatically renew at the full subscription price or in accordance with Section 7(l) below (unless you have cancelled your subscription prior to expiry of such discounted period). Any subscriptions purchased as part of a promotional or discounted offer may be subject to different cancellation policies, which will be specified at the time of your subscription order.

 

l.    You may not subscribe to more than two discounted or trial periods to in any 12 month period and we are entitled to cancel your discounted or trial subscription if you exceed two discounted or trial periods in the previous 12 months without providing a refund.

 

m.    We may change prices and charges at any time. We will notify you in advance of any price increases and will provide you with an option to cancel your subscription from the date the price increase takes effect. This does not apply to any changes in applicable taxes.

 

n.    We are not obliged to offer you access to the Service at a price we have provided in error. We will notify you of the error and provide you with an option to cancel your subscription and, if you have already made payment, provide you with a refund.

 

o.    Your subscription may not grant you access to all areas of the Service. Access to such areas may be subject to additional fees, terms, and conditions (which will be specified in such areas).

 

p.    You may also incur additional charges from third parties when accessing the Service (e.g., from banks, internet service providers, telecommunication service providers). You are responsible for any such additional charges. You will also be responsible for any costs we incur relating to the collection of unpaid charges.

 

q.    We reserve the right to use third parties in order to process payments. Such third party shall be solely responsible for all processing through its systems, and additional terms may apply to you in respect of such third party.

 

r.    We are entitled to immediately suspend or cancel your subscription if we do not receive payment authorisation or if any authorisation is later cancelled (e.g., if your credit card expires).

 

Cancellations and Renewals:

s.    You are free to notify us of your intention to change or cancel your subscription by informing us at https://www.akapenergy.com/contact.

 

t.    Please note that your subscription will only be changed or cancelled with effect from the date on which your current subscription period ends, provided that you notify us of your intention to change or cancel via https://www.akapenergy.com/contact at least 7 days before the end of your current subscription period. You will not receive a refund for the current subscription period.

 

u.    By placing your order for your subscription in accordance with these Terms, you agree that we may start your subscription immediately upon our acceptance of your order and (to the fullest extent permitted under applicable law) you waive any statutory rights you may have to cancel our agreement after your order has been accepted.

 

v.    Following the end of your current subscription period, your subscription will renew automatically for the next subscription period unless it is cancelled at least 7 days before the renewal date in accordance with these Terms.

 

w.    You must ensure that you cancel your subscription ahead of any automatic renewals in accordance with these Terms if you would like to avoid any charges being payable in respect of the renewed subscription period.

 

x.    We reserve the right to suspend or terminate your subscription for any reason and at any time (e.g., where you have breached these Terms, or events beyond our control). We reserve the right, at our sole discretion, to issue refunds or credits.

8.    Intellectual Property: Copyright

 

a.    We are the owner or licensee of all intellectual property rights in the Website and its content, the AKAP ENERGY name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.


b.    You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.


c.    No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.


d.    Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

 

9.    Restrictions on Use

a.    THE SERVICE AND THE CONTENT IS PROVIDED BY AKAP ENERGY AND ITS LICENSORS TO YOU FOR YOUR PERSONAL USE AND INFORMATION ONLY. YOU MAY NOT USE THE SERVICE OR THE CONTENT FOR ANY COMMERCIAL PURPOSE.

 

b.    You promise that you are accessing, using, registering and/or subscribing to the Service in your personal, individual capacity (except, if applicable, where your access falls under a group subscription agreement in accordance with Section 1(f)(iv)).

 

c.    You may not remove, alter, forward, scrape, copy, sell, distribute, retransmit, create derivative works or otherwise make available the Content to third parties without our prior written consent (except as occasionally permitted by certain sharing features in the Service that explicitly allow you to share Content or links to Content with a few other individuals).

 

d.    You may not reverse engineer, circumvent, decrypt, decompile, disassemble or otherwise attempt to discern the source code or architecture of any feature or component of the Service.

 

e.    You may not cache or archive the Content (except for a public search engine’s use of spiders for creating search indices).

 

f.    Except for the limited license described herein, you are not conferred any right in the Content or in the Service, by implication, estoppel or otherwise, under copyright or other intellectual property laws, either now or in the future.

 

g.    Without prejudice to the other provisions under these Terms, we reserve the right to suspend or terminate your access, use and/or subscription if you breach any of the provisions under this Section 9.


10.    User-Generated Material

a.    The Service may have certain features that allow you or other users to comment on, discuss, upload, submit, link to, or otherwise provide content (e.g., information, graphics, videos, images). We’ll refer to that material collectively as “User Material”. User Material is subject to these Terms as well as any additional guidelines or rules that are posted on the parts of the Service where you can provide User Material.


b.    You agree that you will not provide any User Material that:

  • violates anyone’s copyright, trademark or other proprietary right;

  • contains any form of advertising or promotion for goods and services, or any spam or other form of unsolicited communication;

  • is abusive, illegal, defamatory, indecent, obscene, pornographic, offensive, discriminatory (e.g., on the basis of race, nationality, religion, nationality, sex, gender, sexual orientation, age, region, or disability), or threatening in any way;

  • encourages anyone to break the law;

  • interferes with the privacy of another user;

  • contains malware, viruses, spyware, or other software, files, or code designed that could interrupt, destroy, limit, or otherwise harm the Service;

  • misrepresents your identity, affiliation, or status, or otherwise contains false or misleading statements with an intent to defraud;

  • collects or stores other users’ personal data;

  • uses automated means to upload, submit, or post content;

  • gives rise to any liability or violates any applicable local, state, federal, national or international law or regulation.


c.    By posting User Material, you agree that you are legally permitted to upload, submit, or post that User Material. You also agree that you are legally and financially responsible for any claims against us by any third party relating to your User Material or your posting of it.


d.    You agree that by uploading, submitting, or posting User Material, we have a right unlimited in time to publish, re-use, archive, edit, display, modify, delete, or commercially exploit that User Material in whole or in part as we see fit, whether on the Service or otherwise, without any requirement to pay you or to credit you. In other words, by posting User Material you are granting us a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use your User Material in any manner and for any purpose whatsoever. You also irrevocably waive any “moral rights” or other attribution or authorship rights you may have in the User Material. We do not have an obligation to store User Material for any period of time, and we may remove or delete any User Material for any reason, at any time and without giving you notice.

 

11.    Third Party Sites and Services

a.    The Service may include content created by third parties, including advertisers, sponsors, or other users. We may also link to, reference, or promote websites, applications and/or services from third parties.


b.    We do not guarantee the accuracy of or endorse the views or opinions given by such third parties. We are not responsible for, and do not control such non-AKAP Energy websites, applications, products, or services. Any dealings you have with any third party—including advertisers or sponsors—are solely between you and that third party.

 

12.    Limitations of Our Service and Content

a.    The Service and Content are provided for informational purposes only. You understand that the Content on the Service does not constitute any form of tax, legal, or investment advice or opinion regarding the suitability, value or profitability of any particular security, portfolio or investment strategy. The mention of a particular security on the Service does not constitute a recommendation for you to buy, sell, refrain from buying, or hold that or any other security, financial product, or investment.

 

b.    We and our licensors are not liable for any errors, inaccuracies, or delays in the Service or any Content, or for any actions taken by you in reliance on the Service or Content. You agree that your use of the Service or the Content is at your sole risk.

c.    We do not provide any promises or warranties about the Service or the Content, which are provided to you on an “as is” and “as available” basis. We do not make any promises about the Service or the Content, or of the quality, completeness, or accuracy of the Content available on or linked to from the Service. In other words, we disclaim all responsibility for any loss, injury claim, liability, or damage of any kind resulting or related to your access, use, or the unavailability of the Service (or any part thereof).

 

13.    Export Controls

By using the Services contained herein, you: (a) agree to abide by the export and sanctions regulations of Canada, the European Union, the United Kingdom and of the United States, including the US Export Administration Regulations and the US Office of Foreign Assets Control Regulations (collectively, “Trade Regulations”); and (b) represent and warrant that you are not a specially designated, denied or unverified party as described in such Trade Regulations.

 

14.    Our Liability

 

a.    Nothing in these Terms excludes or limits our liability for:


•    death or personal injury caused by our negligence;
•    fraud or fraudulent misrepresentation; and
•    any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

 

b.    We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

If you are a business:

c.    If you are acting for purposes relating to your trade, business, craft or profession, then subject to Section 7:

 

d.    in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and

 

e.    our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

 

f.    You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms.

If you are not a business:

 

g.    If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession then, save as set out in Section 7, the following sub-clauses shall apply.

 

h.    Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

 

i.    Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

 

j.    We only supply the Website to you for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity

 

15.    Governing Law and Jurisdiction

 

If you are a business:

a.    These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.

b.    The courts of England and Wales will have exclusive jurisdiction over any disputes between us (including non-contractual disputes or claims).

 

If you are a consumer

 

c.    These Terms are governed by the laws of England and Wales.  This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.

 

d.    You may bring any dispute which may arise under these Terms to – at your discretion - either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.

 

e.    As a consumer, if you are resident in the European Union and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the EU Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident.  Nothing in these Terms, including clause 10.3, affects your rights as a consumer to rely on such mandatory provisions of local law.

 

16.     General

a.    These Terms contain the entire agreement between us regarding your use of the Service and supersedes all previous agreements (if any).


b.    If a court or other valid authority determines that any provision of the Terms is void, invalid, unenforceable, or illegal, such provision(s) will be ineffective only to the extent of such invalidity or unenforceability and the validity and enforceability of the other provisions will remain and not otherwise be affected.

 

c.    If we do not enforce any provision of the Terms, that will not constitute or be construed as a waiver of such a provision or our right to enforce it.

 

d.    The United National Convention on the International Sale of Goods shall not apply to the Terms, the Service, or any Content.

 

e.    If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.  We are not obliged to participate in online dispute resolution.

 

17.    Contacting Us

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:

 

Address: 37 Dennis Lane, Stanmore, HA7 4JS, United Kingdom

Email: info@akapenergy.com

Telephone number: +44 (0) 3333 446 360