Terms & Conditions

Terms & Conditions

This page sets out the terms which apply to your use of our Website. Please read this Agreement carefully before accessing or using the Website. These Terms constitute the entire agreement between Energy Metering Solutions Ltd and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Introduction

The following terms and conditions govern all use of the energymeteringsolutions.co.uk website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Energy Metering Solutions Ltd. (“Energy Metering Solutions”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Energy Metering Solutions Privacy Policy) and procedures that may be published from time to time on this Site by Energy Metering Solutions Ltd (collectively, the “Agreement”). These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By accessing or using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. Minors or people below 18 years old are not allowed to use this Website..

Accessing our site

Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the information and service we provide without notice. Energy Metering Solutions Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Intellectual Property Rights

Energy Metering Solutions Ltd and/or its licensors own all the intellectual property rights and materials contained in this Website. This Agreement does not transfer from Energy Metering Solutions Ltd to you, any Energy Metering Solutions Ltd or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Energy Metering Solutions Ltd. Energy Metering Solutions Ltd, Energymeteringsolutions.co.uk, the Energymeteringsolutions.co.uk logo, and all other trademarks, service marks, graphics and logos used in connection with Energymeteringsolutions.co.uk, or the Website are trademarks or registered trademarks of Energy Metering Solutions Ltd or Energy Metering Solutions’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. You may print off and download content from this Website for your internal business or personal reference and use. You must not use any of the materials on our Website for commercial purposes without first obtaining our written permission.

Copyright Infringement and DMCA Policy

As Energy Metering Solutions Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Energymeteringsolutions.co.uk violates your copyright, you are encouraged to notify Energy Metering Solutions Ltd in accordance with Energy Metering Solutions’ Digital Millennium Copyright Act (“DMCA”) Policy. Energy Metering Solutions Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Energy Metering Solutions Ltd will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Energy Metering Solutions Ltd or others. In the case of such termination, Energy Metering Solutions Ltd will have no obligation to provide a refund of any amounts previously paid to Energy Metering Solutions.

Restrictions

The content on our Website must not be modified and you must not use any illustrations, photographs, video or audio files or any graphics separately from any accompanying text. You are specifically restricted from all of the following :

• Publishing any Website material in any other media;
• Selling, sub-licensing and/or otherwise commercializing any Website material;
• Publicly performing and/or showing any Website material;
• Using this Website in any way that is or may be damaging to this Website;
• Using this Website in any way that impacts user access to this Website;
• Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• Using this Website to engage in any advertising or marketing.

Limitation of liability

In no event shall Energy Metering Solutions, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Energy Metering Solutions, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. In no event will Energy Metering Solutions, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data.

Disclaimer of Warranties

The Website is provided “as is”. Energy Metering Solutions Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Also, nothing contained on this Website shall be interpreted as advising you. Neither Energy Metering Solutions Ltd nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Indemnification

You agree to indemnify and hold harmless Energy Metering Solutions, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Assignment

The Energy Metering Solutions Ltd is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. This Agreement constitutes the entire agreement between Energy Metering Solutions Ltd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Energy Metering Solutions, or by the posting by Energy Metering Solutions Ltd of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the London, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in London. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in London, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Energy Metering Solutions Ltd may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changes

Energy Metering Solutions Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Energy Metering Solutions Ltd may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Viruses, hacking and other offences

Whilst care is taken to ensure that our Website is free from computer viruses, trojans, worms, logic bombs or other damaging programmes or material, we accept no liability for any damage caused by these or by a distributed denial-of-service attack due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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. 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. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided 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. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Private access

Certain areas of this Website are restricted from being access by you and Energy Metering Solutions Ltd may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Information about us

www.energymeteringsolutions.co.uk is a site operated by Energy Metering Solutions Ltd. We are registered in England and Wales under company number 6510678 and have our registered office at: Regent House Kendal Avenue London W3 0XA