our terms
We want this Website to be as useful to you as possible. Hence, it is important that you feel comfortable with us, and with the purpose of our site, so that you can establish some trust in us. This is why we have structured these Terms to lay out clearly what you should expect from us, and what we should expect from you. We’ve done our best to avoid making them confusing or boring, but there is some legal content and the Terms do form the basis of our interactions with you, so we would ask you to read them carefully.
our statement of intent
The exenergy.co.uk website has been designed to help householders and businesses who wish to reduce energy consumption and save money. Exenergy brings a fresh approach to domestic and commercial heating and insulation. We understand the energy concerns of our Customers, and offer modern solutions based on high-performance materials and technologies such as renewable energy heat pumps and solar thermal & PV systems.
using our website
As part of our policy to be open with our Customers, these Terms set out in some detail our online responsibilities to each other.
Our Website is offered as a service to you, the User. You have the opportunity to take independent legal advice about our Terms before continuing to use exenergy.co.uk. Your use of this Website and/or your acceptance of these terms, conditions, and notices without modifying them constitutes agreement by you to all of these terms, conditions, and notices. Only those who enter into this agreement are authorised to use this Website.
The information on this Website has been provided in English. At the moment exenergy.co.uk is marketed only to residents of the United Kingdom. In proceeding you warrant that you believe this agreement to be reasonable in its entirety.
1. about exenergy.co.uk
The Website is operated by Exenergy Limited, a limited company which is registered in England & Wales under company number 7107393 and whose registered office is at 38 Rassau Industrial Estate, Ebbw Vale, Gwent, NP23 5SD, Wales (called ‘Exenergy’ or ‘we’ in this agreement). Exenergy may be contacted by letter marked for the attention of Paul Moses at 38 Rassau Industrial Estate, Ebbw Vale, Gwent, NP23 5SD, Wales or by email at paul.moses@exenergy.co.uk
2. copyright and trade mark notices
All of the Exenergy.co.uk names and logos which are used from time to time on the Website are the property of Exenergy. Other product and company names mentioned on the Website or on other websites accessed through the Website may be the trademarks of their respective owners. All contents of this Website are copyright (c) 2010 Exenergy Limited, are protected by database rights and may also be protected by other means.
No part of the Website nor any material downloaded from it may be reproduced in any form whether electronically or otherwise without the prior written consent of Exenergy Limited, other than temporarily as one single copy to print out for personal use, or in the cache of your computer in the course of using the service.
You must retain all copyright or trade mark notices contained on this Website on any copy you make of it or part of it. You may not sell or modify what is on the Website or reproduce, display, publicly perform, distribute, or otherwise use the material on it in any way for any public or commercial purpose. The use of the material on any other website or in a networked computer environment for any purpose is prohibited.
You must not reverse-engineer or recreate the Website, database or any part of it or in any other way infringe the copyright, database rights or other intellectual property rights in the Website.
3. data protection
Exenergy Limited is deemed notified to process data under the Data Protection Act 1998 under notification Z2146809. Use of the http://www.exenergy.co.uk Website and our use of the data we collect are described in our Privacy Policy which is incorporated into this agreement. You should remind yourself of the contents of our Privacy Policy by visiting: http://www.exenergy.co.uk/privacy
4. browser access, download times, and content
The Website has been constructed using modern design aids and open-source software. It is intended to provide an efficient and enjoyable customer experience regardless of your choice of up-to-date browser, but we must point out that extensive testing has not been carried out with older browsers because of the prohibitive costs of doing so. Accordingly, we can offer no guarantee of flawless performance with all browsers.
The Website may use Flash software and pop-up pages with photographic images. These devices may take more time to load than conventional HTML web pages, especially if you are accessing the exenergy.co.uk site over a dial-up connection to the internet or via a mobile device such as a WAP phone, PDA or any other wireless connection. By proceeding to download Flash or Pop-up parts of the Website you acknowledge the increased download time and computing resource needed.
5. limitation on types of use
You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Website. You may not use the site for anything other than the purpose outlined in these Terms and you may not use spiders or other robotic software tools to gather information from the Website.
6. liability disclaimer
Please Read Carefully as this Clause Limits your Ability to Claim Damages.
The main purpose of the Website is to provide information about the services that Exenergy can offer in relation to householders and businesses wishing to reduce energy consumption and costs within their properties.
Exenergy uses reasonable care to check the accuracy of information published on this Website. You should note however that Exenergy does not give any warranty that any information will be accurate or up-to-date and the user acknowledges that the information and services published on this Website may include inaccuracies or typographical errors. Should you be at all concerned about the quality of information available on this Website, please do get in touch with us for reassurance that the details are accurate and correct, or alternatively, seek advice from the Energy Saving Trust or other impartial organisations set up to regulate our industry.
Information contained in, or accessible via, the Website changes on a regular basis as we learn more about ways to save energy. Exenergy and/or its associates may make improvements or alterations to this Website at any time and without notice. In particular, and without limitation to the rest of this agreement, Exenergy is not able to guarantee that its service will continue or be accurate during time of server failure. Exenergy is not responsible in any way whatsoever for the content of any site accessed using exenergy.co.uk, nor (because of its links with other websites) can it warrant that use of the Website will be free from virus contamination.
You must make independent checks on the accuracy of any information obtained via the exenergy.co.uk site before relying upon it and you should obtain adequate insurance to cover you from any harm that might result from use of any data provided by this site. Exenergy is not in a position to know for what purpose you will use this data and so cannot insure against loss.
Exenergy makes no representations about the suitability of the information, products, and services contained on, or accessed via, this Website for any purpose. All warranties, terms and conditions with regard to this information, products, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law.
Exenergy shall not in any event be liable for any damages (whether indirect, incidental, special, consequential or otherwise) arising out of, or in any way connected with, the use of this Website, or with any delayed access to, or inability to use, this Website, or for any information, products, and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if Exenergy has been advised of the possibility of damages. This does not affect the statutory rights of any person dealing as a consumer nor shall anything in these Terms exclude or limit liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
7. links to third-party sites
This Website contains links to websites operated by parties other than Exenergy. Links are provided for reference only or to enable you to purchase products or services. Exenergy does not control these websites and is not responsible for their content or organisation. A reference on this Website to any person, product, website or service does not constitute or imply their endorsement, recommendation or favouring by Exenergy, its employees, agents or associates.
Exenergy reserves the right to remove any link at any time and without notice and shall not be obliged to give a reason for doing so. If you become concerned about the content of a site linked to or from the exenergy.co.uk site please inform Exenergy immediately via e-mail to paul.moses@exenergy.co.uk. If your complaint is about unsuitable content you may also consider reporting the matter to the Internet Watch Foundation who can be contacted via their website at www.iwf.org.uk.
8. messages from Exenergy
By consenting to these Terms you are agreeing to “opt-in” to our mailing list on the understanding that you may “opt-out” again whenever you wish by informing us that you wish to do so or by using the “unsubscribe” links on any marketing emails you may receive from us.
Any e-mail or other form of communication between representatives of Exenergy and other parties will be deemed covered by these Terms.
9. messages to Exenergy
You are responsible for your own communications and are responsible for the consequences of their posting. If you submit information to us, by doing so you give us a non-exclusive royalty-free licence to use it.
If you provide personal details via exenergy.co.uk, you do so in the knowledge that the internet is not a secure environment. All information that you provide to us via e-mail should be true and accurate.
Without limit to the legal requirements already imposed on you, you must not (and by e-mailing us you agree not to) do the following things: post material that reveals trade secrets (unless you own them or have the permission of the owner and the owner does not object to them entering the public domain); post material that infringes on any other intellectual property rights of others, which breaches the professional ethics of a profession or the privacy of others; post material that is obscene, defamatory, threatening, harassing, abusive, sexually explicit or discriminatory; or pretend to be another person.
10. no unlawful or prohibited use
As a condition of your use of this Website, you warrant to Exenergy that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you provide any information to us electronically you do so in the knowledge that the internet and e-mail are not a secure environment.
11. other general terms
These Terms are governed by the laws of England & Wales, where the Website originates and is deemed to be constructed. You hereby consent to the exclusive jurisdiction of the English & Welsh courts in all disputes arising out of, or relating to, the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Exenergy as a result of these Terms or use of this Website. Each and every provision of this agreement is separate and severable. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of the terms and conditions shall not be affected.
These Terms constitutes the entire agreement between you and Exenergy with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Exenergy with respect to this Website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this Website.
12. variation of these terms
Exenergy reserves the right to change the terms, conditions, and notices under which this Website is offered including these Terms and the Privacy Policy. We will do this by altering the Terms and/or the Privacy Policy on our Website and this alteration will then be of immediate effect. For this reason you should regularly visit the Terms (http://www.exenergy.co.uk/terms) and Privacy Policy
(http://www.exenergy.co.uk/privacy) on the site as the current version will be binding on you. You may want to bookmark both pages now.
Thank you for your patience in reading these Terms.
