By accessing theenergyst on www.theenergyst.com (“the Site”) or by otherwise accessing any content found on this web site or by using any digital application edition of The Energyst or other digital editions published by Energyst Media, you are entering into an agreement with Energyst Media Ltd and agree to the terms that follow. The Site is owned and operated by Energyst Media Ltd.
The Energyst, Energy Procurement, Energy Efficient Solutions and Mission Critical Power are trading names of:
Energyst Media Ltd, PO Box 420, Reigate, RH2 2DU
Registered in England and Wales. No. 08667229
VAT No: 171646600 GB
The contents and design of the Site, and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents and design), is copyright of Energyst Media Ltd.
Use of theenergyst Content
All theenergyst content is strictly for personal, non-commercial use only.
You may retrieve and display theenergyst Content from Site on a computer screen or mobile device, print individual pages on paper and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any of theenergyst Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from The Energyst:
• reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the theenergyst Content; or
• modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the theenergyst Content (including as part of any library, archive or similar service) without the prior written consent of theenergyst; or
Any use of theenergyst Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be emailed to email@example.com or sent to Energyst Media Ltd, PO Box 420, Reigate, RH2 2DU and may be subject to a fee.
Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Site may only be open to registered users. You are solely responsible for the confidentiality and use of and access to theenergyst Content and the Site using your user name and/or password. You agree to immediately notify theenergyst if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any theenergyst Content. You will provide theenergyst with accurate, complete registration information and inform theenergyst of any changes to such information. For the purpose of confirming your compliance with these Terms, theenergyst reserves the right to monitor and record activity on the Site, including access to theenergyst Content.
Each registration and subscription is for your own use only. You may not share your log in details or password with any other person. You may not share or transfer your subscription. theenergyst does not allow multiple users (networked or otherwise) to access the site and/or any Digital Edition through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this without further obligation to you.
You are responsible for all content you post.
The Site may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to theenergyst and interaction between users and theenergyst representatives (“Forums”). While theenergyst does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by theenergyst on a Forum. You may not:
• Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
• Post, link to or otherwise publish any Messages that infringe copyright;
• Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
• Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of thenergyst;
• Post Messages in any language other than English;
• Post the same Message, or a very similar Message, repeatedly;
• Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;
• Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
• Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
• Disguise the origin of any Messages;
• Impersonate any person or entity (including theenergyst employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
• Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
• Collect or store other users’ personal data; and/or
• Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless theenergyst from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this.
theenergyst has no control over individuals posting Messages on any Forum. theenergyst cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting theenergyst a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. The Energyst reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for theenergyst to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify The Energyst immediately using the contact us form or email firstname.lastname@example.org. Repeated misuse of the “Report Abuse” function will result in your access to the Forums being terminated.
Changes to the Site
theenergyst reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Energyst Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site.
Liability and Indemnity
All theenergyst Content and services are provided ‘as is’. You indemnify us.
Although we endeavour to ensure the high quality and accuracy of the Site, theenergyst makes no warranty, express or implied concerning theenergyst Content which are provided “as is”. theenergyst expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will The Energyst, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) the Sire. The Energyst does not guarantee the accuracy, content, or timeliness of the Site.
In no event will any liability of theenergyst or its affiliates, agents, suppliers and licensors to you (and/or any third party) hat may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site.
theenergyst will not be held responsible for circumstances beyond its control.
theenergyst, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of theenergyst Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms.
theenergyst may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or theenergyst Content). Whenever the Terms are changed, The Energyst will notify you by e-mail or by publishing the revised terms on the website. If you use the Site after The Energyst has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the The Energyst Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites.
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. theenergyst is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site may also contain links to other web sites. The Energyst is not responsible for the availability of these websites or their content.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by theenergyst.
Term and Termination
Energyst Media Ltd may terminate or suspend your access to theenergyst Content at any time.
theenergyst may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to theenergyst under these Terms or by law.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of theenergyst, Energyst Media Ltd shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.