Site terms of use

These terms of use (“Terms of Use”) (together with the documents referred to herein) tell you the terms of use on which you may use, access and view our website www.enecsys.com and all associated sites linked to www.enecsys.com by Enecsys, its subsidiaries and affiliates, including Enecsys websites around the world (collectively, the “Site”), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Site. By using our Site, you indicate that you accept these Terms of Use and that you agree to abide and be bound by them. If you do not agree to these Terms of Use, please refrain from using our Site.

Information about us

Our Site is operated by Enecsys Ltd. (“Enecsys,” "we,” or “our”). We are registered in England and Wales under company number 04832321 and have our registered office at Harston Mill, Royston Rd Cambridge, CB22 7GG United Kingdom which also serves as our main trading address Our VAT number is GB884 445 194.

Accessing our site

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). We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or our entire Site, even to users who have registered with us.

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.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.

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.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

You must not use, copy, distribute, reproduce, publicly display, or translate any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. In the event of a 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.

Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:

  • In any way that breaches any applicable local, national or international law or regulation or is prohibited by these Terms of Use;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • Breach the security or authorization measure of the Site, including but not limited to, hacking or password “miming”; or
  • 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:

  • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use;
  • Not to access without authority, interfere with, damage or disrupt;
  • Any part of our Site;
  • Any equipment or network on which our Site is stored;
  • Any software used in the provision of our Site; or
  • Any equipment or network or software owned or used by any third party.

Reliance on information posted

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

Interactive services

We may from time to time provide interactive services on our Site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Community forums.
  • Blog commentary.

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 fool proof. 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 that 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:

  • Be accurate (where they state facts);
  • Be genuinely held (where they state opinions); and
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person;
  • Contain any material which is obscene, offensive, hateful or inflammatory;
  • Promote sexually explicit material;
  • Promote violence;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any copyright, database right or trade mark of any other person;
  • Be likely to deceive any person;
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Promote any illegal activity;
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • Be likely to harass, upset, embarrass, alarm or annoy any other person;
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • Give the impression that they emanate from us, if this is not the case; or
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Our Site changes regularly

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

Other terms and conditions

Our products, sales and other websites, including services offered therein, may contain their own specific terms and conditions. In such event those terms and conditions shall prevail and govern in their entirety over these Terms of Use, unless expressly stated otherwise.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with these Terms of Use. You warrant that any such contribution does comply with these Terms of Use, and you will indemnify and defend us for any breach of that warranty.

Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose however subject to our privacy policy. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

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.

We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in these Terms of Use.

Viruses, hacking and other offences

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 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.

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.

You must not establish a link from any website that is not owned by you.

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. The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use.

If you wish to make any use of material on our Site other than that set out above, please address your request to info@enecsys.com.

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.

Inaccuracies and Errors

We are not liable for any damages resulting from inaccuracies or errors in information provided on the Site, or any unauthorized use of the Site or our servers or any personal information stored therein. We are also not liable for any interruption of service from the Site, any errors in information posted on the Site and any damage you may suffer as a result of them whether based on a warranty, contract, tort or any other legal theory, whether or not we were advised of the potential for such damages.

Limitation of Liability

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. THE MATERIALS IN THE SITE (INCLUDING ANY GRAPHICS, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE SITE, OR WEBSITES LINKED TO THE SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENECSYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ENECSYS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, OR WEBSITES LINKED TO THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE SITE, OR WEBSITES LINKED TO THE SITE, COULD INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. ENECSYS UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. 

UNDER NO CIRCUMSTANCES SHALL ENECSYS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, SUCH AS LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS, DAMAGE TO DATA, OR LOSS OF GOODWILL THAT MAY RESULT FROM THE USE OF, INABILITY TO USE, OR RELIANCE ON THE SITE, OR SITES LINKED TO THIS SITE, OR ANY MATERIALS IN THIS SITE, OR SITES LINKED TO THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, OR SITES LINKED TO THIS SITE, OR INFORMATION AVAILABLE IN THE SITE, OR SITES LIKED TO THIS SITE. ENECSYS SHALL NOT BE LIABLE EVEN IF ENECSYS OR AN ENECSYS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Notwithstanding the above, if Enecsys is found to be liable for any damage or loss arising out of or connected with your use of the Site, including but not limited to the Site’s content, the total aggregate liability of Enecsys shall in no event exceed the greater of (1) the total of any fees you have paid with respect to the Site within the six months prior to the date of the initial claim, or (2) EURO 10,000.00.

LIMITATION: APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.

Indemnity and Prohibited Use of the Site

By using the Site, you agree to indemnify, defend and hold harmless Enecsys and any related parties (officers, employees, agents, subsidiaries, or other partners) from claims, demands, liabilities, and expenses (including attorney’s fees) made by third parties against Enecsys arising from and/or connected to your use of our Site (including but not limited to the spread of computer viruses).

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms of Use 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 these Terms of Use constitutes a material breach of these 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:

  • Immediate, temporary or permanent withdrawal of your right to use our Site;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
  • Issue of a warning to you;
  • 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;
  • Further legal action against you; or
  • 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 these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related 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.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You hereby accept and submit to the personal jurisdiction of these English courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use or content therein. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

Trade marks

Enecsys also owns or has a valid right to use all trademarks, service marks, and trade names used on the Site. All names of products, services, and their related slogans and logos are trademarks of Enecsys in England and abroad. Enecsys is a trademark of Enecsys. Enecsys prohibits the use of any of these trademarks without prior written consent from an Enecsys corporate officer. These pages also contain other marks, names or logos owned by third parties. Use of such non-Enecsys trademarks, trade names, product names and logos, including images, neither constitutes a third-party’s endorsement of Enecsys or its products, nor constitutes Enecsys’ endorsement of that company or its products.

Changes to the terms of use

We may revise these Terms of Use at any time without notice by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.

Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

No failure on the part of Enecsys to enforce any part of these Terms of Use shall constitute a waiver of any of Enecsys’ rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Enecsys nor the reliance of any person on Enecsys’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by a corporate officer of Enecsys shall have any legal effect whatsoever.

Your concerns

If you have any concerns about material that appears on our Site, please contact info@enecsys.com.

Thank you for visiting our Site.