PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1 What’s in these terms?
These terms tell you the rules for using our Net Zero Market website https://www.netzeromarket.org.uk/s/ (our site).
Welcome to our site! Our site is owned and operated by Energy Systems Catapult Limited (“ESC”). These terms (as defined below) are important so please read them carefully.
By accessing or using the Website, you agree to be bound by these Terms. We recommend that you print a copy of these terms for future reference.
If you do not agree to these terms, please do not use our site or services.
2 How to contact us
2.1 http://www.netzeromarket.org.uk is a site operated by ESC (“we”). We are a company limited by guarantee, registered in England and Wales with company number 8705784 our registered office is 7th Floor, Cannon House, The Priory Queensway, Birmingham, B4 6BS.
2.2 To contact us, please visit our Register page, or contact netzeromarket@es.catapult.org.uk.
3 There are other terms that may apply to you
3.1 These terms of use refer to the following additional terms, which also apply to your use of our site:
3.1.1 Our Privacy Policy.
4 We may make changes to these terms
4.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. You should check back regularly to see if they have changed as they will be effective from the next time that you access the site or the services and your continued use of the site and the services shall indicate your acceptance of any change. We will make every effort to communicate these changes to you by notification on the site or by email.
4.2 We reserve the right to charge for access to all or any part of our site in the future. You will be notified if this happens and will be given the opportunity to confirm acceptance of changes to these terms.
5 We may make changes to our site
5.1 We may update and change our site from time to time to reflect changes to our products and services, our users’ needs and our business priorities.
5.2 Some areas of our Site are open to the public. Other areas require you to create an account.
5.3 We operate the site as we see fit and in our sole discretion. We shall have total control over its appearance, structure, text, advertisement, images, graphics, sounds, videos, films, logos, information or other materials, functionality, user interface and placing of our content within the site.
5.4 We may change, modify, amend, add to or remove functionality from the site or in relation to content from time to time at our discretion without notice to you provided that the site shall always be capable of meeting its purpose(s) described in these terms.
6 You must keep your account details safe
6.1 Some of the content and features of this site will be publicly available for you to view. However, you must register an account with us to use some of the other services available on our site (for example, you will not be able to add products to the cart or purchase without an account). In order to do so, you must be at least 18 (eighteen) years old, and you must be based in the United Kingdom.
6.2 You may make copies of your information contained in your account in any format and, only to the extent necessary to do so, you may make copies of reasonable portions of the site and the content of the site and your account.
6.3 You agree to provide accurate, current, and complete information during the registration process. When you create your account on the site, you will be required to create a username and password. You must ensure that your username and password are kept secure and confidential. You must immediately notify us of any unauthorised use of your password or any other breach of security. You are responsible for any activity on your account. It is your sole responsibility to monitor and control access to and use of your account and password.
6.4 You must take all other actions that we reasonably deem necessary to maintain or enhance the security of our computing systems and networks and your access to the services.
6.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7 How you may use material on our site
7.1 We are the owner or the licensee of all intellectual property rights (IPR) in our site, and in the material published on it (except where it is user-generated content or credited to another author). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print, or download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged by using the following wording: “© Energy Systems Catapult [insert year]. All rights reserved.” (or similar wording in the case of identified contributors).
7.5 If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.6 You are not given any right to use any IPR contained in or pertaining to our site otherwise than as expressly permitted in these terms or by law. Any transfer, sale, distribution, reproduction, copying or modification of any content or the site itself (in whole or in part) is strictly prohibited other than with our prior written consent.
8 Linking to our site
8.1 You may link to our home page, as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.2 Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Content Standards Policy below.
8.3 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
8.3.1 Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; or
8.3.2 Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
8.4 This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
9 We are not responsible for websites we link to
9.1 Where our site is linked to any website operated by any third party, we accept no responsibility or liability arising in respect of any content, information or transaction on or carried out on such third-party website. The presence of a link on our site shall not be deemed to be a recommendation or endorsement of such third-party website by us. Your dealings with third-party websites are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.
9.2 We do not monitor the content of other websites and any links provided on our site are for your convenience only. We make no representation or warranty as to the content of such third-party websites. We exclude all liability for any third-party material made available on our site or contained on any third-party website that it links to. We have no control over the contents of those sites or resources.
9.3 No links are permitted to our site and other sites are not permitted to embed text in our site without our express consent in writing. We will not allow any use of our logo as a ‘hot’ link to our site unless approved in advance in writing.
10 Purchase of datasets
10.1 When you purchase datasets through the Website, you agree to provide accurate and complete information during the ordering process.
10.2 Payment for datasets should be made through bank transfer using the bank details provided on the invoice sent to you upon successful completion of purchase.
10.3 Datasets will be delivered to you electronically after the successful completion of the purchase.
10.4 The purchase of datasets includes a non-exclusive, non-transferable license to use the datasets for your internal purposes. Redistribution or resale of the datasets is strictly prohibited. Please refer to the Terms of Sale for full details.
11 Our responsibility for loss or damage suffered by you
11.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
11.2 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:
11.2.1 use of, or inability to use, our site; or
11.2.2 use of or reliance on any content displayed on our site or tools or functions available on our site.
11.3 In particular, we will not be liable for:
11.3.1 loss of profits, sales, business, or revenue;
11.3.2 business interruption;
11.3.3 loss of anticipated savings;
11.3.4 loss of business opportunity, goodwill or reputation; or
11.3.5 any indirect or consequential loss or damage.
11.4 Nothing in this agreement excludes or limits our liability for death or personal injury caused by our negligence or for fraud.
12 Site security and viruses
12.1 We have done our best to ensure our site is free from viruses. However, we cannot always guarantee this. You are responsible for installing adequate and up-to-date virus-checking software on your computer.
12.2 We take no responsibility or liability, so far as legally possible, for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware; or telecommunications equipment or other material which may be transmitted with or as part of the site.
12.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, 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 site will cease immediately
13 You must use our site appropriately
13.1 You may not use our site:
13.1.1 In any way that breaches any applicable local, national or international law or regulation;
13.1.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
13.1.3 For the purpose of harming or attempting to harm minors in any way;
13.1.4 To bully, insult, intimidate or humiliate any person;
13.1.5 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards Policy below.
13.1.6 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
13.1.7 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.2 You also agree not to access without authority, interfere with, damage or disrupt:
13.2.1 any part of our site;
13.2.2 any equipment or network on which our site is stored;
13.2.3 any software used in the provision of our site; or
13.2.4 any equipment or network or software owned or used by any third party.
14 We may suspend or withdraw our site
14.1 We do not guarantee that our site, 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 site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.2 If you have any technical problems with our site, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need technical help, please check the support provided online by us on our site.
15 Termination
15.1 We may issue a warning, temporarily suspend, permanently suspend or terminate your right to use this site if you:
15.1.1 substantially breach any of these terms and conditions;
15.1.2 infringe or violate or attempt to infringe or violate any rights of any other user(s) of our site and/or third parties in connection with our site; or
15.1.3 if you are using our site to commit or attempt to commit a criminal offence.
15.2 You may choose to stop using the site and close your account at any time. You can contact us using the details in section 2 ‘how to contact us’ if you want us to close your account and delete any content associated with it.
15.3 If you do not log into your account for a continuous period of 12 months, we may deactivate your account.
16 Consequences of Termination
16.1 Termination of these terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these terms:
16.1.1 you will immediately cease to use the site; and
16.1.2 we will suspend your access to the site.
16.2 Any provision which expressly or by implication is intended to come into or remain in force on or after termination will continue in full force and effect.
17 General
17.1 Transferring these terms: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement. You may not assign, transfer, charge, sub-contract or deal in any other manner with all or any your rights or obligations under these terms.
17.2 Language: These terms and all communications between us will be in English.
17.3 Entire Agreement: These terms, and any documents or sections of the site referred to in them, constitute the whole agreement between us and you and supersede any previous arrangement, understanding or agreement between us relating to the subject matter they cover. We both acknowledge and agree that in entering into these terms we have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these terms, other than as expressly set out in these terms.
17.4 Waiver and Variation: If either of us waives any breach of these terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
17.5 Events Beyond Our Reasonable Control: Neither party will be liable for any delay or failure in performance of our obligations under these terms if the delay or failure is due to any cause outside our reasonable control (including failure of the internet, and failure of sub-contractors and/or suppliers). This clause does not apply to any obligation to pay money (if applicable).
17.6 Rights of Third Parties: No person who is not a party to these terms shall have the right, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any rights granted or benefits enjoyed under these terms.
17.7 Severability: If any provision (or part of a provision) of these terms is found by any court to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
17.8 Notices: Any notice given under these terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us must be sent to netzeromarket@es.catapult.org.uk or to any other email address notified by email by us. Notices to you will be sent to the email address provided when registering your account or sending your enquiry.
17.9 Law and jurisdiction: These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
