Winock Energy | Terms & Conditions
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Terms & Conditions

Last updated on 11/07/18

1. Introduction

1.1. Who we are

winockenergy.co.uk (this “Website”) is a site owned and operated by Winock Energy LTD, an investment club registered in England and Wales under company number: 08499302 and registered office address: 27, Old Gloucester Street, LONDON, WC1N 3AX. Winock Energy’s U.K. based investors pool resources together to lease off-grid Solar systems to customers  in West Africa. Winock Energy’s operations team manages the Solar assets on behalf of the community.

1.2. How to Contact us

To contact us, please call us on +44800 612 5154 Monday to Friday between 9am and 5pm or send an email to info@winockenergy.co.uk and we will respond within 24 to 48 hours.

1.3. About Winock Energy Community’s Investors

Winock Energy community members are investors that have knowledge of the nature of investing and the risks involved.

1.4. About our Terms and Conditions

1.4.1 The terms and conditions that follow define our engagement within the investment community and the use of our website. (Terms and Conditions). We have split it into two sections for clarity. Section A covers our Website’s Terms of Use (Terms of Use) and sets out the terms and conditions for visiting and using our website. Section B covers our Terms of Service (Terms of Service) for our community members and sets out the terms and conditions of community membership and investing.

1.4.2 These terms and conditions, their formation and subject matter are governed by English Law; any dispute shall be settled exclusively within the jurisdiction of the courts of England and Wales.

SECTION A: TERMS OF USE

2. Accepting Terms of Use

If you wish to become a Winock Energy Member, please read these terms and conditions carefully, including Section B (Terms of Service). For your own benefit and protection you should read our terms and conditions carefully before completing your registration as a Member. If you do not understand any of the points stated please ask us for further information.

3. Modifications

3.1. We modify our Terms of Use from time to time. Please check these terms of use every time you use our Website to ensure you are up to date on the terms that apply at that time of use. The date at the top of this page will indicate when last our Terms and Conditions were modified.

3.2 Our business, operations and Website are updated periodically to improve performance.

4. Omissions, errors and interruptions

4.1 Although we consistently make the effort to ensure our website is available and accessible, we do not accept liability that may arise from service interruptions or connection issues relating to the website.

4.2 For any planned maintenance, we will inform registered members in advance and will provide an indication to all users regarding when the website will be back in use

5. Permitted Use

Our website must only be used for lawful purposes. We do not permit any unlawful use. You may not use our website:

5.1 In any way that is unlawful or fraudulent or in anyway that has the effect.

5.2 To send or receive any form of unauthorised promotional material.

5.3 To knowingly transmit any material that contains spyware, adware, Trojan horse, worms or any other similarly dangerous computer programs.

5.4 To perform an action that seeks to compromise the security of our Website.

5.5 You are responsible for all activities carried out on our Website by persons accessing it through your computer.

5.6 You agree to indemnify Winock Energy LTD. against all loses and liabilities of proceeds that arise as a result of unpermitted use by you of our Website.

6. Disclaimer

6.1 Our website is for general information only. It is not designed or intended to amount to advice about our investment community and you should not rely solely on our website in making any decision. You must seek professional advice before acting on any information displayed on our Website.

6.2 We do not exclude or limit in anyway our liability where it would be unlawful, unfair or dishonest to do so. This includes liability of fraud or fraudulent misrepresentation of subcontractors and agents, Injury caused by our negligence or any other liability which cannot be limited or excluded under applicable law.

SECTION B: TERMS OF SERVICE

7. Investment community membership

Below are our terms for submitting an application to join our investment community:

7.1. Membership is not open to the general public.

7.2. You must be 18 years of age or older.

7.3. You must have a clear understanding of how investment works and the risk involved.

7.4. You must have read and understood our terms and conditions. Where more information is required, please contact us.

7.5. You must seek professional advice to clarify any information that is not clear about our investment community.

7.6. You can register online via our Website by clicking the register button or by contacting us via telephone on: +44800 612 5154 or via e mail on: info@winockenergy.co.uk.

7.7. We reserve the right to reject an application at our discretion.

8. Use of Online Investment Account

8.1. Fully registered members can login to their private and secure online investment account by clicking on the login button on our Website.

8.2. You can use your online investment account to manage your investment and interest payments.

8.3. You must ensure that all your personal information provided to us is up to date at all times.

8.4. You are responsible for all actions that you perform or that an appointed representative performs using your online investment account.

8.5. You can close your online investment account anytime, however we can only fully close your account once all your investment has been paid back.

9. How to Invest in a Project

9.1. Projects are listed on our website for time to time for investment.

9.2 Fully registered members can login to invest in a current project via our website.

9.2. The investment will be used in leasing off-grid solar systems to customers in West Africa

9.3. Online payments for investments purchased are handled via a safe 3rd party payment provider. Please endeavour to read their terms and conditions before using their service.

9.4. Payment can also be made via bank transfer.

10. Amount and Description

10.1. The minimum investment a member can make per project is £50 per project.

10.2. The member will be required to provide additional documentation for investments more than £4,999

11. Interest Payment

11.1. A moratorium of up to 6 months is applicable to allow for production and installation of the Solar systems.

11.2. 5% interest will be paid 6 months from the date of investment then 2.5% interest will be quarterly thereafter until maturity.

11.3. Interests will be paid into your online investment account.

11.4. You can request to withdraw your interest anytime and the interest will be paid into your preferred bank account 3 days after withdrawal.

11.5. Interests can be re-invested in current or future projects.

12. Repayment, option to redeem and transfer

12.1. Your capital will mature exactly 3 years from the date it was purchased and will be paid into your online account for withdrawal.

12.2. Repaid capital can be reinvested in current or future projects.

12.3. The capital is not redeemable before the maturity date.

13. Security

The investment is unsecure therefore your capital is at risk. Although we have taken steps to protect your investment such as depositing 10% of revenue monthly to a contingency escrow account, we cannot guarantee that any interest will be paid or that your capital will be repaid.

14. Information on your investment

14.1. We will provide frequent information about your investment, including its social benefits and financial performance

14.2. You have the right to request for information about your investment at any stage and we are obliged to provide the requested information no later than 24 hours from the time of request.

15. Risks

We believe that the following risk factors may affect Winock Energy’s ability to pay interest or repay capital. All of these factors are contingencies which may or may not occur and we cannot express a concrete view on the likelihood of any such contingency occurring. The risk factors which we believe are material for assessing the market risks associated with investing in Solar are also described below.

We believe that the factors described below represent the principal risks inherent in Solar projects, but the inability of Winock Energy to pay interest or capital may occur for other reasons which may not be considered significant risks by us based on information currently available to us or which we may not currently be able to anticipate. Prospective investors should read information available in public and also seek professional advice in order to reach their own views prior to making any investment decision.

15.1 Customer defaults on Payment

Although the current demand far outweighs the supply thereby reducing the likelihood of the risk materialising in the near future, and 10% of monthly revenue is deposited in a contingency fund escrow account, we cannot guarantee that the risk cannot materialise in future.

15.2 Solar components are Stolen or accidentally damaged

The Solar systems are installed in public locations thereby increasing the risk of one or more of the components being stolen or accidentally damaged. Winock Energy has taken steps to mitigate this risk by insuring the systems with a reputable insurer against theft and accidental damage, however the decision for the Insurer to pay in such event is outside of our control and is entirely dependent on the insurance company’s assessment of the claim; also we cannot guarantee their financial capacity to pay.

15.3 Solar components are not durable

We have a rigorous quality assurance process to guard against production of low quality components, however revenue will be impacted if it occurs that some of the components are not durable or usable. We deposit 10% of monthly revenue in a contingency escrow account as well as reserve funds for depreciation to replace irreparable components.

15.4 Shipper mishandles and damages or loses one or more Solar components

There are cases where a shipping company may mishandle or misplace an item; Our shipping company has end-to-end insurance which covers the shipping of our Solar systems from our production factory to delivery at our warehouse. Although we will ensure that any claim will be pursued to the fullest extent, we cannot guarantee the insurance company’s compliance or capacity to pay.

15.5 Cost of Solar components increase beyond economic viability

Component costs tend to fluctuate because they are dependent on the cost of raw materials. In the event that the cost of a component increases to a point that it becomes unaffordable, we will no longer be able to offer our leasing service to customers. However, any fluctuation in price of future Solar systems or components cannot affect the price and economic viability of already purchased and installed Solar systems.

15.6 Competitors

Although the current demand level far exceeds supply, we cannot assure that there will not be an increase in competition. Whilst we will do its best to remain one of the best players in the industry, there can be full proof guarantee against competition or loss of market share.

15.7 Political instability and regulatory inconsistency

West Africa’s political foundation is nascent, as such it is not the most business friendly environment to operate in from a regulatory perspective. We have a research team to stay abreast with movements in the political and regulatory risks so that mitigations can be proactively implemented.

15.8 Capital Risk

Investment in smaller, new and unquoted businesses is likely to involve a higher degree of risk than investment in larger, established companies and those traded on a stock exchange. Investing in unsecured projects is not the same as investing money in a bank account as your capital is at risk and you could lose up to, but no more than, your entire investment.

15.9 Repayment

An investment in a project of this type is speculative and involves a degree of risk. Winock Energy’s ability to repay the capital on maturity, or at all, is dependent on the continued success of its business model.

15.10 Security

Although provisions have been made for a contingency account, the investment is categorised as unsecure. In the event of Winock Energy’s failure, the investor would have the status of an unsecured creditor and may not be capable of being repaid in full or at all should the proceeds from a sale of Winock Energy’s assets fail to cover all unsecured liabilities.

15.11 Liquidity

The investment will not be traded on a recognised exchange and are therefore non-readily realisable.

15.14 Long-term commitment

Applicants should consider investment in the Solar project as a long-term commitment until the repayment date as the original amount invested may not be available to them before the repayment date as there is no guarantee of repayment if a request is made to do so by the investor.

15.15. Capital Redemption

Investors will have the contractual right to full redemption of their capital at the end of the three-year initial term.

15.16. The investment is not covered by the Financial Services Compensation Scheme (FSCS) or the Financial Ombudsman Service (FOS)

This means if Winock Energy does not fulfill the terms of the invesmtnet there is no right to complain to FOS or to get compensation from FSCS.

15.17. Past performance is not necessarily a guide to future performance

Events in the past, or experience derived from these, or indeed present facts, beliefs or circumstances, or assumptions derived from any of these, do not predetermine the future.

16. Collections of Personal Data

16.1. We will keep records of data relating to your investments and other activities for no less than 5 years from the date of collection

16.2. We are committed to your privacy and following GDPR regulation. Please refer to our Privacy Policy page, which provides information on how we use your data

17. Liability

Nothing in this Terms of Service shall exclude or limit in anyway our liability where it would be unlawful, unfair or dishonest to do so. This includes liability of fraud or fraudulent misrepresentation of subcontractors and agents, Injury caused by our negligence or any other liability that cannot be limited or excluded under applicable law.

18. General

18.1. We reserve the rights to transfer our obligations under this Terms and Conditions to another company or organisation. We will notify you in writing if such an event occurs and we will ensure that your rights will not be affected

18.2. This contract is between you and Winock Energy LTD. No other individual or company shall have the right to enforce any of its terms.