Terms and Conditions (‘the
i. Please read these terms and
conditions carefully. They govern your use of this ENA Smarter Networks Portal
ii. This SNP Website is operated by Energy
Networks Association Limited (‘we’ or ‘us’), which is a company registered in
England & Wales, company No. 4832301. Registered Office 4 More London
Riverside, London, SE1 2AU.
iii. In these Conditions the
following words have the following meanings:
ENA means Energy Networks Association
Limited and its members
SNP means Smarter Networks Portal
'ENA SNP Website', ‘SNP Website’ and
‘Website’ means the SNP Website at URL: http://www.smarternetworks.org or
such other URL as we may use from time to time at our sole discretion
'Information' means any information
on the ENA SNP Website including the content of all or any Publication
'Publication' and ‘Publications’
means any of the documents indicated as available on the ENA SNP Website.
‘you’ and ‘your’ means any user of
this SNP website
iv. Should you have any query
regarding a Publication please contact us at: Energy Networks Association, 4
More London Riverside, London, SE1 2AU.
v. The Publications have been
prepared for use by members of the Energy Networks Association Limited, the
industry and public.
vi. If you do not accept our terms
and conditions, please leave the SNP Website immediately.
vii. You may print and keep a copy of
these Conditions. They constitute a legal agreement between us and can only be
modified with our consent.
1. Conditions of Use of the ENA
1.1 All use of this SNP Website is
subject to the Conditions.
1.2 Nothing on this SNP Website
constitutes an offer or recommendation.
2. Security of Information and
2.1 You are solely responsible in all
respects for all use of and for protecting the confidentiality of any username,
email verification and password that may be given to you or selected by you for
use on our SNP website. You may not share these with or transfer them to any
third parties. You must notify us immediately of any unauthorised use of them
or any other breach of security regarding our SNP website that comes to your
2.2 All information, data and
personal information that you give to us will be used for our own internal
purposes only to keep you up to date with changes and developments to the SNP
Website and of members. We will not use your information for any other purpose.
2.3 Please refer to our Privacy
Policy Statement for further information.
3. Changes to Terms
3.1 We may change these Conditions
from time to time by changing them on this SNP Website without notice to you.
4. Barring from the SNP Website
We reserve the right to bar you from
using the ENA SNP Website, on a permanent or temporary basis at our discretion.
You will be notified of any such bar in accordance with these Conditions and
once barred you must not then attempt to use this SNP Website either in your
own name or any other name or through any other user.
5. Accuracy of Information and
5.1 The following applies to any
information you provide to us.
(a) You authorise us to use, store or
otherwise process any personal information which relates to and identifies you .
5.2 By accepting these Conditions,
you agree to the processing and disclosure of the Personal Information for the Purposes.
5.3 In addition, the following also
applies to all messages, emails, bulletin boards postings, ideas, suggestions,
concepts or other material submitted by you to us (‘the Content’):
(a) you must own or have the right to
submit Content for Publication on our SNP Website and all Content submitted by
you must be legal, honest, decent and truthful and comply with all applicable
laws, Regulations, standards and/or codes of practice;
(b) you must ensure that all Content
submitted to us does not infringe the copyright, design, privacy, publicity,
data protection, trade mark or any other rights of any third party, nor be
obscene, abusive, threatening, libellous or defamatory of any person or be
(c) you must ensure that the Content
does not advertise or otherwise solicit for funds or is a solicitation for
goods or services; and
(d) we have the right to monitor
Content and may edit, reject or remove Content if we believe it does not comply
with the above and, in particular, we reserve the right to block incoming
emails and other Content if we believe that their content is or may be
inappropriate or otherwise does not comply with the above.
5.4 You grant us a non-exclusive,
irrevocable, royalty free, worldwide licence to publish all Content that you
submit to us except any portion of the Content that is Personal Information.
You have sole responsibility for the Content which you submit to us and you
shall indemnify and shall keep us fully and effectively indemnified on demand
from and against all actions, claims, losses, liability, proceedings, damages,
costs, expenses, loss of business, loss of profits, business interruption and
other pecuniary or consequential loss (including legal costs and expenses)
suffered or incurred by us and arising directly or indirectly out of the
publication of Content submitted by you to us.
5.5 You warrant and undertake that
you will not use our SNP Website for any purpose that is illegal or prohibited
by these Conditions, including without limitation the posting or transmitting of
any libellous, defamatory, inflammatory or obscene material. If you breach
these terms and conditions then your permission to use this SNP Website
terminates immediately without the necessity of any notice being given to you.
We retain the right to deny access to any person who fails to comply with these
6. Availability of ENA SNP
We will try to make our SNP Website
available but cannot guarantee that our SNP Website will operate continuously
or without interruptions or be error free and can accept no liability for its
unavailability. You must not attempt to interfere with the proper working of
our SNP Website and, in particular, you must not attempt to circumvent
security, tamper with, hack into, or otherwise disrupt any computer system,
server, SNP website, router or any other internet connected device.
7. ENA Publications Content and
7.1 The Information is provided ‘as
is’. ENAwill not be liable for loss or damage
which could have been avoided if you took qualified legal advice or, if
appropriate, other qualified professional advice.
7.2 This SNP Website is controlled
and operated by us from our offices in England. Where content published on the SNP Website
is supplied by third parties, you understand that we do not control or endorse
such content in any way. All content which is offered by third parties that are not affiliated
with or otherwise connected with us, is published in good faith but we
do not (to the extent permitted by applicable law) accept responsibility for
the accuracy or otherwise of such content (whether published on or offline) or
the use of such content.. You assume total responsibility and risk for your use
of our SNP Website and use of all Information.
7.7 We have used our best endeavours
to ensure that our SNP Website complies with UK laws. However, we make no
representations that the materials on our SNP Website are appropriate or
available for use in locations outside the UK. Those who visit our SNP Website
from other locations do so on their own initiative and are responsible for
compliance with all applicable laws. If use of our SNP Website and/or viewing
of it, or use of any material or content on our SNP Website or services offered
through our SNP Website are contrary to or infringe any applicable law in your
jurisdiction(s), you are not authorised to view or use our SNP Website and you
must exit immediately.
8. Use of Password
8.1 Where we have agreed (at our
absolute discretion) that you can have access to the ENA SNP Website by
password, you will be assigned such a password when you register to use the ENA
SNP Website. You are responsible for keeping your password confidential and you
shall not disclose it or share it with anyone.
8.2 You shall be responsible for all
activities that occur or are submitted under your password. If you know or
suspect that someone else knows your password then you should notify us
9. Limitation on Liability
9.1 Except as herein expressly
provided we hereby exclude to the maximum extent permissible in law all
representations, warranties and conditions, whether express or implied by
statute or otherwise, in respect of the contract between us, including these Conditions, or otherwise in
connection with or arising from the provision or use of any one or more of the
9.2 To the maximum extent permissible
in law, weshall not in any circumstances be
liable in contract, tort or otherwise for any loss, damages, cost or expense
whatsoever including without limitation direct, indirect, special or
consequential damages including damages for loss of profits, interruption of
business or loss of confidential or other information or any other pecuniary
loss sustained by you or any other person arising from or in connection with
the use of, or inability to use, the ENA SNP Website or otherwise arising from
or in connection with the provision or use of any one or more of the
9.3 Without prejudice to the
generality of the previous Condition 12.2 we shall not be liable for any loss,
damages, cost or expense arising from or in connection with any action or
decision taken by you or on your behalf as a result of, or in reliance on, your
use of information on the ENA SNP Website or of any one or more of the
Publications and you shall indemnify and hold us harmless from and against any claim
or action brought or made or any loss damages cost and expense awarded against,
or incurred by, usin respect of any claim by any third
party as a result of your use of any information on the ENA SNP Website or of
any one or more of the Publications.
9.4 You accept that the limitations
and exclusions of liability in these Conditions are reasonable
9.5 The provisions of this Condition
apply both to usand our employees and agents and, for
the purposes of these Conditions, we have entered into the contract as agent
for our employees and agents.
10. Compatibility and Viruses
10.1 You hereby warrant that the
computer system on which you download and use the ENA SNP Website has installed
upon it a browser that allows you to view all content.
10.2 You hereby warrant that you
shall be liable for any and all viruses that you send when communicating with
10.3 You hereby acknowledge that in
the event that you receive a virus whilst downloading or whilst using the ENA SNP
Website, weshall not be liable for any damage
suffered save for that expressly referred to at condition 12 above.
11.1 If you are not subject to the
laws of England and Wales you warrant that Condition 12.1 is valid or
enforceable under the law to which you are subject. You hereby undertake, as a
condition of use of the ENA SNP Website, to indemnify us against any loss,
damages, cost and expense suffered by us as a result of any breach by you of
12.1 The contract between us,
including these Conditions and any dispute arising from or in connection
therewith, shall be governed by the laws of England and Wales and the parties
hereby agree to submit to the exclusive jurisdiction of the English Courts.
12.2 We will not be liable for any
indirect or consequential loss to you. Your statutory rights as a consumer are
available to you.
12.3 We shall have no liability in
respect of any other website or page on the internet accessible from the ENA SNP
12.4 Except as provided above we can
give no other warranties, conditions or other terms, express or implied,
statutory or otherwise and all such terms are hereby excluded to the maximum
extent permitted by law (but subject to your statutory and common law consumer
rights which remain in full force and effect).
12.5 We may, but you may not, assign
any rights and/or transfer, sub-contract or delegate any obligations under
these Conditions, and/or charge or deal in any other manner with these terms
and conditions or any of our respective rights or obligations. Any purported
assignment, transfer, sub-contracting, delegation, charging or dealing in
contravention of this clause shall be ineffective. These terms and conditions
are personal to you and are entered into by you for your own benefit and not
for the benefit of any third party.
12.6 These Conditions together with
if any, are the whole agreement between you and ENA. You acknowledge that you
have not entered into this agreement in reliance upon any statement, warranty
or representation made by ENA or any other person and you irrevocably and
unconditionally waive any rights to claim damages and/or to rescind these terms
and conditions by reason of any misrepresentation (other than a fraudulent
misrepresentation) that is not contained in the terms and conditions, privacy
policy, order form and payment method instructions.
12.7 If any provision or term of
these Conditions shall become or be declared illegal, invalid or unenforceable
for any reason whatsoever, such term or provision shall be divisible from the
other terms and conditions and shall be deemed to be deleted from them.
12.8 Failure or delay by either party
enforcing an obligation or exercising a right under these Conditions does not
constitute a waiver of that obligation or right.
12.9 These Conditions do not confer
any rights on any person or party (other than you and/or us) pursuant to the
Contracts (Rights of Third Parties) Act 1999.
All notices shall be given:
(a) to us via email at firstname.lastname@example.org or
by post to Energy Networks Association, 4 More London Riverside, London, SE1
Notice will be deemed received when
an email is received in full (or else on the next business day if it is
received on a weekend or a public holiday in the place of receipt) or [three
(3) days after the date of posting.
These Conditions replace all other
terms and conditions previously applicable to the use of our website.