Terms and Conditions (‘the Conditions’)
i. Please read these terms and conditions carefully. They govern your use of this ENA Network Innovation Collaboration Portal (NICP) website.
ii. This NICP Website is operated by Energy Networks Association Limited (‘we’ or ‘us’), which is a company registered in England & Wales, company No. 4832301. Registered Office 4 More London Riverside, London, SE1 2AU.
iii. In these Conditions the following words have the following meanings:
· ENA means Energy Networks Association Limited and its members
· NICP means Network Innovation Collaboration Portal
· 'ENA NICP Website', ‘NICP Website’ and ‘Website’ means the NICP Website at URL: http://www.nicollaborationportal.org or such other URL as we may use from time to time at our sole discretion
· 'Information' means any information on the ENA NICP Website including the content of all or any Publication
· 'Publication' and ‘Publications’ means any of the documents indicated as available on the ENA NICP Website.
· ‘you’ and ‘your’ means any user of this NICP website
iv. Should you have any query regarding a Publication please contact us at: Energy Networks Association, 4 More London Riverside, London, SE1 2AU.
v. The Publications have been prepared for use by members of the Energy Networks Association Limited, the industry and public.
vi. If you do not accept our terms and conditions, please leave the NICP Website immediately.
vii. You may print and keep a copy of these Conditions. They constitute a legal agreement between us and can only be modified with our consent.
1. Conditions of Use of the ENA NICP Website
1.1 All use of this NICP Website is subject to the Conditions.
1.2 Nothing on this NICP Website constitutes an offer or recommendation.
2. Security of Information and Data Protection
2.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our NICP website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our NICP website that comes to your attention.
2.2 All information, data and personal information that you give to us will be used for our own internal purposes only to keep you up to date with changes and developments to the NICP Website and of members. We will not use your information for any other purpose.
3. Changes to Terms
3.1 We may change these Conditions from time to time by changing them on this NICP Website without notice to you.
4. Barring from the NICP Website
We reserve the right to bar you from using the ENA NICP Website, on a permanent or temporary basis at our discretion. You will be notified of any such bar in accordance with these Conditions and once barred you must not then attempt to use this NICP Website either in your own name or any other name or through any other user.
5. Accuracy of Information and Disclaimer
5.1 The following applies to any information you provide to us.
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you .
5.2 By accepting these Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes.
5.3 In addition, the following also applies to all messages, emails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (‘the Content’):
(a) you must own or have the right to submit Content for Publication on our NICP Website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, Regulations, standards and/or codes of practice;
(b) you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
(c) you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
(d) we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
5.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
5.5 You warrant and undertake that you will not use our NICP Website for any purpose that is illegal or prohibited by these Conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this SNP Website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Conditions.
6. Availability of ENA NICP Website
We will try to make our NICP Website available but cannot guarantee that our NICP Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our NICP Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, NICP website, router or any other internet connected device.
7. ENA Publications Content and Availability
7.1 The Information is provided ‘as is’. ENAwill not be liable for loss or damage which could have been avoided if you took qualified legal advice or, if appropriate, other qualified professional advice.
7.2 This NICP Website is controlled and operated by us from our offices in England. Where content published on the NICP Website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) or the use of such content.. You assume total responsibility and risk for your use of our NICP Website and use of all Information.
7.7 We have used our best endeavours to ensure that our NICP Website complies with UK laws. However, we make no representations that the materials on our NICP Website are appropriate or available for use in locations outside the UK. Those who visit our NICP Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our NICP Website and/or viewing of it, or use of any material or content on our NICP Website or services offered through our NICP Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our NICP Website and you must exit immediately.
8. Use of Password
8.1 Where we have agreed (at our absolute discretion) that you can have access to the ENA NICP Website by password, you will be assigned such a password when you register to use the ENA NICP Website. You are responsible for keeping your password confidential and you shall not disclose it or share it with anyone.
8.2 You shall be responsible for all activities that occur or are submitted under your password. If you know or suspect that someone else knows your password then you should notify us immediately.
9. Limitation on Liability
9.1 Except as herein expressly provided we hereby exclude to the maximum extent permissible in law all representations, warranties and conditions, whether express or implied by statute or otherwise, in respect of the contract between us, including these Conditions, or otherwise in connection with or arising from the provision or use of any one or more of the Publications.
9.2 To the maximum extent permissible in law, weshall not in any circumstances be liable in contract, tort or otherwise for any loss, damages, cost or expense whatsoever including without limitation direct, indirect, special or consequential damages including damages for loss of profits, interruption of business or loss of confidential or other information or any other pecuniary loss sustained by you or any other person arising from or in connection with the use of, or inability to use, the ENA NICP Website or otherwise arising from or in connection with the provision or use of any one or more of the Publications.
9.3 Without prejudice to the generality of the previous Condition 12.2 we shall not be liable for any loss, damages, cost or expense arising from or in connection with any action or decision taken by you or on your behalf as a result of, or in reliance on, your use of information on the ENA NICP Website or of any one or more of the Publications and you shall indemnify and hold us harmless from and against any claim or action brought or made or any loss damages cost and expense awarded against, or incurred by, usin respect of any claim by any third party as a result of your use of any information on the ENA NICP Website or of any one or more of the Publications.
9.4 You accept that the limitations and exclusions of liability in these Conditions are reasonable
9.5 The provisions of this Condition apply both to usand our employees and agents and, for the purposes of these Conditions, we have entered into the contract as agent for our employees and agents.
10. Compatibility and Viruses
10.1 You hereby warrant that the computer system on which you download and use the ENA NICP Website has installed upon it a browser that allows you to view all content.
10.2 You hereby warrant that you shall be liable for any and all viruses that you send when communicating with our server.
10.3 You hereby acknowledge that in the event that you receive a virus whilst downloading or whilst using the ENA NICP Website, weshall not be liable for any damage suffered save for that expressly referred to at condition 12 above.
11.1 If you are not subject to the laws of England and Wales you warrant that Condition 12.1 is valid or enforceable under the law to which you are subject. You hereby undertake, as a condition of use of the ENA NICP Website, to indemnify us against any loss, damages, cost and expense suffered by us as a result of any breach by you of this warranty.
12.1 The contract between us, including these Conditions and any dispute arising from or in connection therewith, shall be governed by the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts.
12.2 We will not be liable for any indirect or consequential loss to you. Your statutory rights as a consumer are available to you.
12.3 We shall have no liability in respect of any other website or page on the internet accessible from the ENA NICP Website.
12.4 Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights which remain in full force and effect).
12.5 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these Conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
12.7 If any provision or term of these Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.8 Failure or delay by either party enforcing an obligation or exercising a right under these Conditions does not constitute a waiver of that obligation or right.
12.9 These Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
All notices shall be given:
(a) to us via email at email@example.com or by post to Energy Networks Association, 4 More London Riverside, London, SE1 2AU;
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or [three (3) days after the date of posting.
These Conditions replace all other terms and conditions previously applicable to the use of our website.