All New Power Terms and Conditions
All New Power provides Renewable Energy Certificates. These are not a contract for the supply of electricity.
The Renewable Energy Certificates are issued for the current calendar year even if the purchase is made towards the end of the calendar year. (Note: This is because the Renewable Energy Certificate Systems cover power generation throughout a calendar year).
The Customer agrees that the Renewable Energy Certificates may have no value to a third party and that it may not be possible to resell the Renewable Energy Certificates.
In the case where a Customer selects Renewable Energy Certificates from one or more designated Renewable Power Plants, All New Power will endeavour to deliver Renewable Energy Certificates from those plants. If for any reason it is not possible to do this then All New Power reserves the right to deliver Renewable Energy Certificates from other Renewable Power Plants chosen by All New Power.
The Renewable Power Plants on the Renewable Energy Certificate are selected from your continent but not necessarily your country.
Renewable Energy Certificates are provided in Units of 1 Mega Watt Hour. For the free offers for Renewable Energy for a device (such as a mobile phone) where the consumption is less than a Unit then a “mini” certificate is issued. Mini certificates are not Certified by any body or organisation other than All New Power itself.
In Europe All New Power provides Renewable Energy Certificates using the AIB system and these Certificates are Certified to the Customer by AIB
In North America All New Power provides Renewable Energy Certificates using the Green-e system but these Certificates are not Certified to the Customer by Green-e
The All New Power Additionality fund (which invests in projects creating additional renewable energy) is invested at the sole discretion of All New Power and may be invested in projects anywhere in the world. All New Power will communicate information to it’s Customers about the projects selected by publishing on it’s website or email or other electronic methods. These investments are made by All New Power and any financial returns received will belong to All New Power.
Limitation of liability
In no event shall All New Power, its affiliates, officers, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the All New Power Products or the All New Power Service (including but not limited to its content), even if you have advised All New Power about the possibility of such loss, and including any damages resulting therefrom.
The total liability of either party under this agreement, whether in contract, warranty, tort (including, without limitation, negligence), strict liability or otherwise, will not exceed the total price paid under this agreement or such lesser amount thereof as is actually paid by purchaser to All New Power. In no event, whether in contract, warranty, tort (including, without limitation, negligence), strict liability or otherwise, will either party be liable for special, incidental, indirect, exemplary, punitive, or consequential damages, including, without limitation, any loss of profit or revenue.
Disclaimer of Warranties.
All New Power does not make any, and hereby disclaims all warranties and representations of any kind, statutory, express or implied, to the purchaser except as expressly set forth in this agreement. without limiting the foregoing, All New Power specifically disclaims express or implied warranties of merchantability or fitness for a particular purpose or noninfringement. All New Power makes no warranties or guarantees as to any services provided by third parties, including, but not limited to, generators of electric power.
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.
All New Power reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
4. Access to allnewpower.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Intellectual Property Rights
All rights, including copyright, in this website are owned by or licensed to All New Power. Any use of this website or its contents, including copying or storing it, in part or in whole, other than for your own personal, non-commercial use is prohibited without the prior permission of All New Power. You may not modify, adapt, alter, distribute or create derivative works of or from this website, in whole or in part.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not All New Power, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.Governing law and disputes
This website, its content and any contracts arising out of it are governed by and construed in accordance with Swiss law. By entering into a contract with All New Power you agree to submit to the exclusive jurisdiction of the courts of the Canton of Vaud, Switzerland.English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.