Terms of Use

Contents

  • Website Terms of Use
  • Website Acceptable Use Policy
  • Linking Licence

Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What’s in these terms?

These terms tell you the rules for using our website http://www.ukpowerreserve.com (“our site”).

Who we are and how to contact us

http://www.ukpowerreserve.com is a site operated by UK Power Reserve Limited (“We“). We are registered in England and Wales under company number 07385282 and have our registered office at 6th Floor Radcliffe House, Blenheim Court, Solihull B91 2AA. Our VAT number is 108254825.

We are a limited company.

To contact us, please email info@ukpowerreserve.com or telephone on 0121 712 1970.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in May 2018.

We may make changes to our site

We may update and change our site from time to time.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

How you may use material on our site

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 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 use and you may draw the attention of others within your organisation to content 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 content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in 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.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.

Rules about linking to our site

You may link to our home page but, in doing so, you will be bound by our Linking Licence.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Website Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website http://www.ukpowerreserve.com (“our site”). 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 website Terms of Use.

http://www.ukpowerreserve.com is a site operated by UK Power Reserve Limited (“we” or “us”). We are registered in England and Wales under company number 07385282 and have our registered office at 6th Floor Radcliffe House, Blenheim Court, Solihull B91 2AA. Our VAT number is 108254825.

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.
  • 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).
  • 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 our website 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.

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 our website 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.
  • Disclosure of such information to law enforcement authorities as is permitted or required by law.

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.

Website Linking Licence (the “Licence”)

Background

This Licence allows a connection to the website at http://www.ukpowerreserve.com (the “Website”) subject to acceptance of the terms of this Licence.

  1. Linking licence

UK POWER RESERVE LIMITED (the “Company”) grants this Licence to any entity who links to the Website (the “Linker”) and, by linking to the Website, the Linker agrees to the terms of this Licence. This Licence is a non-exclusive, limited, revocable licence to provide a hypertext reference link to the initial, top-level display of the Website, as identified by the following Uniform Resource Locator (the “URL”), http://www.ukpowerreserve.com, solely for non-commercial purposes and only for the purpose of linking the Linker’s website to the Website (the “Link”).

  1. Proprietary rights

The Linker acknowledges that the Website (including without limitation all content, text, images, software, media and other materials on the Website) is proprietary to or licensed by the Company, protected under copyright and other intellectual property laws, and may not be reproduced, transmitted, displayed, published or distributed without the express prior written consent of the Company.

  1. Limitations

The Linker shall not:

(a)         in any way reproduce the Website or any part of its contents other than to the extent permitted in clause 1; or

(b)         in any way suggest that the Company is endorsing any products or services other than its own; or

(c)          misrepresent the relationship between the Linker and the Company nor present any other false information about the Company; or

(d)         use any of the Company’s trademarks without express written permission from the Company; or

(e)         display or use a Link in a manner that causes the Website or any portion of its content to display within a frame, be associated with any advertising or sponsorship not part of the Website, or otherwise incorporate Website content into a third party website; or

(f)          display or use an inline link to any information file contained in the Website; or

(g)         alter, block or otherwise prevent display of any content of the Website; or

(h)         link to the Website through any other URL or mirrored website; or

(i)           link to the Website if the Linker’s website may reasonably be considered to be obscene, defamatory, harassing, offensive, malicious, or liable to incite racial hatred or acts of terrorism or if the Linker’s website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.

  1. Liability

4.1             Nothing in this licence shall operate to exclude or limit either party’s liability for:

(a)         death or personal injury caused by its negligence; or

(b)         fraud; or

(c)          any other liability which cannot be excluded or limited under applicable law.

4.2             Subject to clause 4.1, the Company excludes all liability whatsoever in respect of all claims, whether in contract or tort (including negligence) or otherwise, arising out of or in connection with the content of the Website, this licence or any other collateral contract, for any loss or damage directly or indirectly incurred, including, without limitation, for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any other indirect or consequential loss or damage.

  1.  Indemnity

The Linker shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of this Licence.

  1. Termination

6.1             Either party may terminate this Licence for any reason whatsoever by giving written notice at any time, without affecting any other right or remedy available to it.

6.2             Upon termination of this Licence, the Linker shall immediately:

(a)         discontinue or disable the Link;

(b)         remove the Link and the Company’s name and logos referred to in clause 3 from the Linker’s website; and

(c)          destroy any copies of material from the Website which are in the Linker’s possession, custody or control.

  1. General

7.1             The Linker may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights or obligations under this Licence without the prior written consent of the Company. The Company may assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with its rights under this Licence without consent, provided that it gives advance notice of such dealing to the Linker.

7.2             The invalidity or unenforceability of any provision of this Licence shall not affect the validity or enforceability of the remaining provisions.

7.3             No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

7.4             This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

7.5             Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

7.6             Any notice given by the Linker to the Company, or by the Company to the Linker, will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

7.7             The Company shall have no liability to the Linker other than pursuant to the express terms of this Licence.

7.8             This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. The parties irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.