www.energynetworkservices.co.uk (the/our “Website”) is operated by Energy Network Services Ltd (“we”, “our”, “us”, “POC”). We are registered in England and Wales under company number 04191508 and have our registered office at Ebenezer House, Poole Hill, Bournemouth, BH2 5QJ. Our VAT number is 780 8420 20.
These terms govern your use of our Website. By using our Website, you accept these terms in full and agree to comply with them. If you disagree with any part of these terms, you must not use our Website.
There are other terms that may apply to you
The following additional terms also apply to your use of our Website:
By using our Website, you also accept the terms of these policies.
Use of Website Materials
Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material published on the Website. All such rights are reserved and your use of such materials are subject to the restrictions set out in these terms.
You may (a) view, download for caching or storing purposes only, and print pages from the Website for your own personal use; and (b) draw the attention of others within your organisation to content posted on our Website.
You must not:
- republish material from this Website (including republication on another website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
- reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose without obtaining a licence to do so from us or our licensers;
- edit or otherwise modify the paper or digital copies of any materials which you have printed off or downloaded in any way; or
- redistribute material from this Website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
a. republish material from this Website (including republication on another website);
b. sell, rent or sub-license material from the Website;
c. show any material from the Website in public;
d. use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
e. reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose without obtaining a licence to do so from us or our licensers;
f. edit or otherwise modify the paper or digital copies of any materials which you have printed off or downloaded in any way; or
g. redistribute material from this Website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use our Website in any way that causes, or may cause damage to:
- Energy Network Services or any of its business partners;
- the Website; or
- the Website’s availability or accessibility.
In addition, you must not use our Website:
- in any way which is unlawful, illegal, fraudulent or harmful;
- in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) without our express written consent;
- to transmit or send unsolicited commercial communications; or
- for any purposes related to marketing without our express written consent.
You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or technologically harmful computer software.
You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching the terms of this Section, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Access to certain areas of our Website is restricted. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or services, you must ensure that the user ID and password is kept confidential. You are fully responsible for all activities that occur under your user ID or password. You agree to (a) immediately notify us of any unauthorised use of your user ID or password and any other breach of security you become aware of using the contact details set out at Section 21 of these terms; and (b) ensure that you log out of your account at the end of each session. We cannot be and will not be liable for any loss or damage arising from your failure to comply with these obligations.
We may disable your user ID and password in our sole discretion without notice or explanation.
User Generated Content
In these terms, “user content” means material (including without limitation text, plans, graphics, drawings, images, audio material, video material and audio-visual material) that you submit to our Website, for whatever purpose.
Our forums, resources or any page of the Website where you are capable of uploading your user content are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comments. You acknowledge that all user content (including registration data) whether publically posted or privately transmitted to us are the sole responsibility of the person from which such content originated. We accept no responsibility for and do not guarantee the accuracy, integrity or quality of any user content posted on our online forums by you or any third party.
You warrant that your user content (a) is not illegal or unlawful; (b) does not infringe any third party’s legal rights (including, but not limited to, intellectual property rights); (c) is not capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law); and (d) is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint. You will be liable to us and indemnify us for any breach of the foregoing warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
Any user content you upload to our Website will be considered non-confidential. Notwithstanding our rights under these terms in relation to user content, we do not undertake to monitor the user content published on our Website.
You retain all of your ownership rights in your user content, but you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
In the event that you or any other Website user become aware of any user content that does not comply with the standards set out in these terms, please contact us using the details set out in Section 21. Note that we will exercise our sole discretion when deciding whether to remove content from the Website as a result of any complaints.
You are solely responsible for securing and backing up your user content.
We do not warrant the completeness or accuracy of the information published on this Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and Exclusions of Liability
Nothing in these terms will limit or exclude our or your liability (a) for death or personal injury resulting from negligence; (b) for fraud or fraudulent misrepresentation; or (c) in any way that is not permitted under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms or in relation to the subject matter of the terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any content displayed on our Website.
In particular, we will not be liable for:
- loss of profits, sales, income, production, use, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
In addition, we will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
The Website is directed at our customers and prospective customers in the United Kingdom and we make no representations or give any warranties that the Website and the materials on the Website are appropriate or available for use in locations outside the United Kingdom.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms, or arising out of any claim that you have breached any provision of these terms.
Breaches of These Terms
Without prejudice to our other rights under these terms, if you breach these terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Links to Other Websites
Some links on this Website will allow you to connect to websites that we do not control. We provide these links as a convenience only and the appearance of a link does not imply our endorsement, nor are we responsible for the content of, any linked site. You access such sites at your own risk.
Links to our Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link to our Website (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website that is not owned by you.
Our Website must not be framed on any other Website, [nor may you create a link to any part of our Website other than the home page] or scrape any of the content on our Website.
We reserve the right to withdraw linking permission without notice.
The website from which you are linking to our Website must not include any content which (a) is illegal or unlawful; or (b) infringes any third party’s legal rights (including, but not limited to, intellectual property rights).
If you wish to link to or make any use of content on our Website other than that set out above, please contact us using the contact details set out in Section 21.
Changes to These Terms
We may revise these terms from time-to-time. Revised terms will apply to the use of our Website from the date of the publication of the revised terms on our Website. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Website will be deemed to constitute your acceptance of any revised terms. If you do not agree with any changes we make to these terms, you must not continue to use our Website.
In addition, we may update and/or change our Website from time to time to reflect changes to our users’ needs and/or our business priorities.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms.
If a provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
We May Suspend or Withdraw our Website
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business, operational, or other reasons.
Exclusion of Third Party Rights
These terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms is not subject to the consent of any third party.
Law and Jurisdiction
These terms will be governed by and construed in accordance with English law, and any disputes relating to these terms or your use of and/or access to the Website will be subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions about these terms, please write to us by email to firstname.lastname@example.org or by post to:
Energy Network Services
Unit 19 Liberty Close
Woolsbridge Industrial Park
Three Legged Cross