Terms & Conditions
Welcome to Enerfina’s Terms of Conditions for use. These terms and conditions (together with any documents referred to in them) apply to the entire contents of the Website under the domain name www.enerfina.com (Website) and to any correspondence by e-mail between us and you and tells you the terms of use on which you may make use of our Website whether as a guest or as a registered user. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website.
Reference to "You/Customer" shall mean any person, firm or company who uses the Website and reference to "We/Us/Our/Enerfina" means Enerfina Limited.
INFORMATION ABOUT US
www.enerfina.com is a site operated by Enerfina Limited, registered in England and Wales under the Company Number 01356953.
Registered Office for Enerfina Ltd: 33 Horton Road, Manchester, M14 7QB, United Kingdom.
Vat Registration number is:
1. INTRODUCTION
1.1 You may access some areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check the Website from time to time to review the then current terms and conditions, because it is binding on you.
2. INFORMATION ABOUT THE WEBSITE
2.1 We are not an engineering site nor do we offer engineering advice. We use information provided by you to give you information about renewable energy products and related supply and installation solutions (“Products and Solutions”) which are available and which may be of interest to you.
2.2 We have access to information about Products and Solutions offered by various providers (“Providers” and “Provider” shall mean one provider of Products and Solutions) and we use the information about your renewable energy requirements you provide (“Your Data”) when you register with us to select the Products and Solutions which meet the criteria you have outlined. This is done by cross-referencing Your Data with information about Products and Solutions available which is held on our database which is done electronically.
2.3 We will provide you with information about these Products and Solutions and you will be able to indicate which Products and Solutions you are interested in.
2.4 We will then pass Your Data to the Providers of the Products and Solutions you have indicated an interest in and they will contact you to provide you with more detailed information about the Products and Solutions they offer. It is the Provider’s responsibility to confirm the suitability of the Products and Solutions and all warranties provided in relation to the Products and Solutions will be the sole responsibility of the Provider who provides them and we will not be responsible in any way.
2.5 We will contact you after you have made contact with the Supplier to ensure that you were satisfied with the Products and Solutions provided and the Supplier’s work.
3. LICENCE
3.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(i) no documents or related graphics on the Website are modified in any way;
(ii) no graphics on the Website are used separately from the corresponding text; and
(iii) our copyright and trade mark notices and this permission notice appear in all copies.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from the Website other than in accordance with clause 3.1 for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
3.3 Subject to clause 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3.4 Any rights not expressly granted in these terms are reserved.
4. SERVICE ACCESS
4.1 Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).
4.2 From time to time, we may restrict access to some parts of our site, or out entire site, to users who have registered with us.
4.3 When using our site, you must comply with the provisions of our Acceptable Use policy presented here below.
4.4 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.
4.5 While we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period.
4.6 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
5. VISITOR MATERIAL AND CONDUCT
5.1 We process information about you in accordance with our Privacy Policy http://www.enerfina.com/cms_pages/index/2. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
5.2 Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use policy presented here below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
5.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
5.4 Any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
5.5 You are prohibited from posting or transmitting to or from the Website any material:
(i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.7 You may not misuse the Website 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 will cease immediately.
5.8 By breaching clause 5.7, 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.
5.9 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.
5.10 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 5.5 or clause 5.7.
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
(i) you do not remove, distort or otherwise alter the size or appearance of the Enerfina logo;
(ii) you do not create a frame or any other browser or border environment around the Website;
(iii) you do not in any way imply that we are endorsing any products or services other than our own;
(iv) you do not misrepresent your relationship with us nor present any other false information about us;
(v) you do not otherwise use any trade marks displayed on the Website without express written permission from us;
(vi) you do not link from a website that is not owned by you; and
(vii) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 We expressly reserve the right to revoke the right granted in clause 6.2 for breach of these terms and to take any action it deems appropriate.
6.4 You will fully indemnify us for any loss or damage suffered by us or any of our group companies for breach of clause 6.2.
7. REGISTRATION
7.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
7.2 Responsibility for the security of any passwords issued rests with you.
8. DISCLAIMER
8.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
8.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of which, but for these terms and conditions, might have effect in relation to the Website).
8.3 We make no warranty as to the reliability of the Providers or the quality of the Products and Solutions offered by them. If you choose to contract with a Provider you do so at your own risk and you acknowledge that in contracting with a Provider you have made all necessary enquiries of the Provider and you do not enter into the contract as a result of any information provided by us. It is your responsibility to satisfy yourself that the Provider is qualified and able to provide the Products and Solutions.
9. LIABILITY
9.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
(i) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(ii) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
9.2 Nothing in these terms and conditions shall exclude or limit our liability for:
(i) death or personal injury caused by negligence as such term is defined by the Unfair Contract Terms Act 1977; or
(ii) fraud; or
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
9.3 If you choose to contract with a Supplier or Provider for the provision of Products and Solutions the contract will be between you and that Supplier or Provider. We will not be a party to the contract and we will not be liable for any claim you may have against that Supplier.
9.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
ACCEPTABLE USE POLICY
This Acceptable Use policy sets out the terms between you and us under which you may access our website www.enerfina.com (our Website). This Acceptable Use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use policy, which supplement our Terms of website use, presented here above.
www.enerfina.com is a site operated by Enerfina Limited (we or us). We are registered in England and Wales under company number 01356953 and we have our registered office at 33 Horton Road, Manchester, M14 7QB, United Kingdom. Our main trading address is Kendle House, 236 Nantwich Road, Crewe, Cheshire, CW2 6BP, United Kingdom.
PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
(i) In any way that breaches any applicable local, national or international law or regulation.
(ii) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(iii) For the purpose of harming or attempting to harm minors in any way.
(iv) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards presented here below.
(v) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(vi) 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.
You also agree:
(i) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of website use, presented here above.
(ii) Not to access without authority, interfere with, damage or disrupt:
(a) any part of our site;
(b) any equipment or network on which our site is stored;
(c) any software used in the provision of our site; or
(d) any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
We may from time to time provide interactive services on our site, including, without limitation:
(i) Chat rooms.
(ii) Bulletin boards.
(iii) Customer testimonial section.
INTERACTIVE SERVICES
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (Contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
(i) Be accurate (where they state facts).
(ii) Be genuinely held (where they state opinions).
(iii) Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
(i) Contain any material which is defamatory of any person.
(ii) Contain any material which is obscene, offensive, hateful or inflammatory.
(iii) Promote sexually explicit material.
(iv) Promote violence.
(v) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(vi) Infringe any copyright, database right or trade mark of any other person.
(vii) Be likely to deceive any person.
(viii) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(ix) Promote any illegal activity.
(x) Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
(xi) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(xii) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(xiii) Give the impression that they emanate from us, if this is not the case.
(xiv) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.
When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
(i) Immediate, temporary or permanent withdrawal of your right to use our site.
(ii) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
(iii) Issue of a warning to you.
(iv) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(v) Further legal action against you.
(vi) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy.
The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
