Terms and Conditions
Terms and Conditions (‘the Conditions’)
i. Please read these terms and conditions carefully. They govern your use of this ENA Website including any Publications that you might purchase from us online.
ii. This Website is operated by Energy Networks Association Limited (‘we’ or ‘us’), which is a company registered in England & Wales, company No. 4832301. Registered Office 6th Floor, Dean Bradley House, 52 Horseferry Road, LONDON SW1P 2AF.
iii. In these Conditions the following words have the following meanings:
ENA means Energy Networks Association Limited
'ENA Website' and ‘Website’ means the Website at URL: http://www.energynetworks.org or such other URL as we may use from time to time at our sole discretion
'Information' means any information on the ENA Website including the content of all or any Publication
NEDeRS® means the National Equipment Defect Reporting Scheme.
'Publication' and ‘Publications’ means any of the documents indicated as available on the ENA Website.
‘you’ and ‘your’ means any user of this website including purchasers of any Publications
iv. Should you have any query regarding a Publication please contact us at: Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF.
v. The Publications have been prepared for use by members of the Energy Networks Association Limited. You must read and accept our terms and conditions before you use any ENA Publication.
vi. When registering, you are required to confirm that you accept these terms and conditions by clicking in the box as indicated.
vii. If you do not accept our terms and conditions, please leave the Website immediately.
viii. You may print and keep a copy of these Conditions. They consititute a legal agreement between us and can only be modified with our consent.
1. Conditions of Use of the ENA Website
1.1 All use of this Website and the taking of chargeable services from us is subject to the Conditions.
1.2 Nothing on this Website constitutes an offer. We reserve the right to reject any order at our discretion without giving any reason to you.
2. Security of Information and Data Protection
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 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 website that comes to your attention.
2.2 We shall take all reasonable precautions to keep the details of your order and payment secure but we shall not be liable for any loss caused by or as a result of unauthorised access to information provided by you.
2.3 We do not process your order and this is undertaken by WorldPay on our behalf. By accepting these Conditions you agree to the processing of your order by WorldPay.
2.3 You consent to the electronic transfer of your name, address, the address at which your credit card is registered, email address and order details from the ENA Website to WorldPay's website for the purpose of completing a secure online transaction.
2.4 We may change our payment partner at our sole discretion at any time.
2.5 We are compliant with the Data Protection Act 1998 and all other relevant legislation. We have notified the Data Protection Commissioner that we are processing personal data in accordance with the Act.
2.6 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 Website and of members. We will not use your information for any other purpose.
3. Changes to Terms
3.1 We may change these Conditions from time to time by changing them on this Website without notice to you. Any such changes shall apply to orders received subsequent to the change being made.
3.2 We may also change the price displayed for the purchase of a Publication from time to time without notice to you and any change in price shall apply to any order received subsequent to the change being made.
4. Barring from the Website
We reserve the right to bar you from using the ENA 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 Website either in your own name or any other name or through any other user.
5. Accuracy of Information and Disclaimer
5.1 The following applies to any information you provide to us, for example, during any registration or ordering process.
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Publications which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’).
5.2 By accepting these Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at [email protected].
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 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 otherwise unlawful;
(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 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 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 Conditions.
6. Availability of ENA Website
We will try to make our Website available but cannot guarantee that our 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 Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
7. ENA Publications Content and Availability
7.1 The Information is provided ‘as is’. ENA will 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 and which was not foreseeable to both parties when you made your order or was not caused by any breach by us.
7.2 In using the Publications you hereby accept and acknowledge that the content of the Publication(s) bought by you may be incomplete. ENA takes no responsibility for any missing content of the Publications.
7.3 The availability of Publications is subject to change and in the event that we are unable to supply you with a Publication we will inform you of this as soon as reasonably possible and you shall receive a full refund where you have already paid for the Publication.
7.4 Nothing in these Conditions excludes any statutory right to cancel a sale of goods or a supply of services under prescribed circumstances within a specified period.
7.5 The Publications may be amended from time to time and we will confirm that a Publication has been updated on our Website. Therefore, you hereby WARRANT that you shall be responsible for ensuring that you have the current version of the Publication. In order to do so you shall visit the Website from time to time. We shall, if requested by you, use reasonable endeavours to supply any amendments to a Publication that you have purchased which are made within a period of five years from the date on which you purchased the Publication. We shall not, however, have any obligation to provide you with any new or revised version or edition of a Publication which may be published.
7.6 This Website is controlled and operated by us from our offices in England. Where content published on the 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, except for content which relates directly to Publications you purchase. You assume total responsibility and risk for your use of our Website and use of all Information.
7.7 We have used our best endeavours to ensure that our Website complies with UK laws. However, we make no representations that the materials on our Website are appropriate or available for use in locations outside the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or content on our website or services, or products offered through our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.
7.8 ENA makes no representations and gives no warranties, express or implied, that making the Publications available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Publications or any part of them available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Publications are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Publications. ENA accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Publications by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
8.1 Our Publications are made available to you in PDF, read-only format. We reserve the right to change, modify, adapt or otherwise alter the programme used to view the Publications online.
8.2 If you so request it, we can deliver a version of the Publication to you either recorded on a CD or on such other information storage medium as we see fit. Delivery charges for the Publications are specified when you complete your order. All documents shall be despatched by us within five (5) working days of your having placed an order with us. While we shall make reasonable endeavours to despatch a Publication within five (5) working days, we shall not be liable for any loss or damage caused by or arising from any delay or failure to deliver a Publication. In the event that a Publication will be despatched outside of the five (5) working day period, we shall use reasonable endeavours to notify you of that late despatch.
8.3 All Publications despatched by us shall be by ordinary post.
9. Use of Password
9.1 Where we have agreed (at our absolute discretion) that you can have access to the ENA Website by password, you will be asked to create such a password when you register to use the ENA Website. You are responsible for keeping your password confidential and you shall not disclose it or share it with anyone.
9.2 You shall be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password then you should notify us immediately.
10. Price, VAT and Method of Payment
10.1 The price payable for the Publications is the price shown on the ENA Website at the time we receive your order.
10.2 Where the order is for delivery the price shown on the ENA Website includes packaging and posting.
10.3 Where you specify an electronic version of a document, the price quoted includes Value Added Tax at the current UK rate. The price displayed for all or any of the Publications is subject to change.
10.4 If we discover any error in the price shown for a Publication which you have ordered then we shall inform you as soon as reasonably possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you then we shall treat the order as cancelled and, if your order is cancelled and you have already paid for the Publication, you will receive a full refund.
11. Copyright and Posting under NEDeRS®
11.1 Without prejudice to the provisions of clause 5 above you must make sure you own all the intellectual property rights, including copyright and database right, in the postings which you send to us under NEDeRS® to publish on the Website (‘Postings’). If in doubt provide a link, not a copy. Make sure there is no legal obligation, contract or other restriction which would prevent your making the Postings.
11.2 Anonymous Postings are not accepted.
11.3 You should retain copies of all Postings and other postings and information you send to us electronically, through the Website or otherwise.
11.4 You waive your moral rights to be identified as author of the Posting and let us modify the Posting. It may, for example, be necessary to shorten Postings, cut them to fit the Website or paraphrase a Posting for the purposes of an email notice whenever a DIN, SOP or NEDeR (as defined by the NEDeRS®) is issued.
11.5 If there are any restrictions as to the use to which we can put the Postings we must be told in advance and we may have to reject it. We reserve the right to reject any Postings at our discretion.
11.6 All Postings received will be assumed to be for publication on the Website and any further use, at its discretion, of ENA on an exclusive, royalty free, perpetual basis.
11.7 The Website contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Website are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Conditions.
11.8 You may download information from the Website for your own use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
11.9 'ue understanding energy', 'NEDeRS®' and 'NaFIRS®' and our logos on this Website are trade names of ENA. You may not use those names without our consent.
11.10 We provide hypertext links to other sites are operated by other people. Using such a link means you are leaving our Website and we take no responsibility for, and give no warranties, guarantees or representations in respect of linked sites.
11.11 We make no warranty or representation in respect of any third party content or trade mark used on the site. You may not copy any third party content mark or logo, registered or unregistered, used on our Website at any time.
12. Limitation on Liability
12.1 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 Publications.
12.2 To the maximum extent permissible in law, we shall 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 Website or otherwise arising from or in connection with the provision or use of any one or more of the Publications.
12.3 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 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, us in respect of any claim by any third party as a result of your use of any information on the ENA Website or of any one or more of the Publications.
12.4 Where, notwithstanding the exclusions and limitations of this Condition, we are liable under these Conditions, then to the maximum extent permitted by applicable law our entire liability under these Conditions shall not exceed a sum equal to the purchase price of the document at the time of purchase.
12.5 You accept that the limitations and exclusions of liability in these Conditions are reasonable because it is likely that any loss, damages, cost or expense which may be awarded to you from us would be disproportionately greater than the price paid by you for the purchase of a Publication.
12.6 The provisions of this Condition apply both to us and our employees and agents and, for the purposes of these Conditions, we have entered into the contract as agent for our employees and agents.
13. Compatibility and Viruses
13.1 You hereby warrant that the computer system on which you download and use the ENA Website has installed upon it a browser that allows you to view all content.
13.2 You hereby warrant that you shall be liable for any and all viruses that you send when communicating with our server.
13.3 You hereby acknowledge that in the event that you receive a virus whilst downloading or whilst using the ENA Website, we shall not be liable for any damage suffered save for that expressly referred to at condition 12 above.
14.1 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 Website, to indemnify us against any loss, damages, cost and expense suffered by us as a result of any breach by you of this warranty.
14.2 Compensation or replacement of CD-Roms will only be given if the media which has been delivered is defective. No compensation will be given for mistaken orders.
15.1 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.
15.2 We will not be liable for any indirect or consequential loss to you. Your statutory rights as a consumer are available to you.
15.3 We shall have no liability in respect of any other website or page on the internet accessible from the ENA Website.
15.4 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).
15.5 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 15.5 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.
15.7 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.
15.6 Except in respect of a payment obligation, neither you nor ENA will be held liable for any failure to perform any obligation to the other due to causes beyond your or ENA’s respective reasonable control.
15.7 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.
15.8 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 [email protected] or by post to 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF; or
(b) to you at either the email or postal address you provide during any ordering process.
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 and/or sale of the Publications.
The Energy Networks Association makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998.
We collect information for two reasons - to enable us to process your requirements and to provide you with an up to date, efficient, and reliable service.
The Energy Networks Association may ask you to submit personal data to energynetworks.org (for example your name, address, contact details) to enable the Energy Networks Association to provide you with the services available via energynetworks.org.
This information will be kept securely in accordance with our internal security policy may be used, stored and processed to improve the operation, administration and development of energynetworks.org as well as for marketing, advertising and promotional purposes but only in accordance with the Data Protection Act 1998.
Once you have contacted us and used our service, you have a choice whether or not you want us to contact you about future offers, events and new items. We will not bombard you with emails, but we’d like to keep you informed of the developments on energynetworks.org.
The Energy Networks Association will not email you in the future unless you have given us your consent.
The Energy Networks Association will not transfer your information outside the EEA (European Economic Area) without obtaining your consent first.
In order to improve our service, we may use a device known as a ‘cookie’. Cookies are a means by which information relating to your internet activity (such as whether you have visited energynetworks.org before) is recorded and used by us to improve energynetworks.org and the products and services available to you.
Or you can get in contact at: Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF
If you would like to speak to a member of our staff, please call the ENA switchboard on +44 (0) 20 7706 5100 between the office hours of 9am and 5pm UK time.
If no-one is available, or if it is outside working hours, please leave a voicemail message. We will try to get back to you as quickly as possible.