This agreement applies as between you, the User of this Website and ESA, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|"Account"||means collectively the personal information and credentials used by Users to access parts of the Website and to create Ads;|
|"Ad"||means an advertisement posted on the Website by an Advertiser which shall provide details of the item or service offered by the Advertiser;|
|"Ad Fee"||means the fee payable to post an Ad;|
|"Advertiser"||means a User that wishes to or has placed an Ad on the Website;|
|"Content"||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;|
|"ESA"||means The Energy Saving Associates Limited, a company registered in England & Wales number 7697555 trading as The Energy Saving Association whose registered office address is 17 Old Chesterton Buildings, 110 Battersea Park Road, London, SW11 4LZ, United Kingdom;|
|"Service"||means collectively any online facilities, tools, services or information that ESA makes available through the Website either now or in the future;|
|"System"||means any online communications infrastructure that ESA makes available through the Website either now or in the future. This includes, but is not limited to, Ads, email addresses and online forms;|
|"User" / "Users"||means any third party that accesses the Website and is not employed by ESA and acting in the course of their employment; and|
|"Web Site" / "Website"||means the website that you are currently using (http://www.the-esa.org) and any sub-domains of this site unless expressly excluded by their own terms and conditions.|
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users or contained in Ads, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ESA, our affiliates or other third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal purposes only unless otherwise indicated on the Website or unless given express written permission to do so by ESA. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
2.2.1 you will not use the Content of the Website for commercial purposes; and
2.2.2 you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by ESA;
3. Third Party Intellectual Property
3.1 The Intellectual Property Rights subsisting in the Content of Ads belong to the Advertisers who placed those Ads unless it is expressly stated otherwise.
3.2 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.3 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of ESA or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so.
7. Advertising on the Website
7.1 When submitting an Ad to the Website you should do so in accordance with the following rules:
7.1.1 you must not use obscene or vulgar language;
7.1.2 your Ad may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 your Ad may not contain Content that is intended to promote or incite violence;
7.1.4 your Ad should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other Advertisers;
7.1.5 Ads must be made using the English language. Content in any other language may be removed at our sole discretion;
7.1.6 your Ad may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
7.1.7 you must not post links to other Websites containing any of the above types of Content;
7.1.8 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.9 your Ad must be placed into the appropriate category;
7.1.10 you must not impersonate other people or businesses;
7.1.11 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.1.12 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that ESA may screen, approve (or reject), edit and/or remove any Ad submitted to the Website.
7.3 ESA may edit your Ad to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub- Clause 7.1, your Ad may be removed and your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
7.4 In order to post an Ad, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
7.4.1 any information you submit is accurate and truthful; and
7.4.1 you will keep this information accurate and up-to-date.
7.5 By posting an Ad you warrant and represent that you are the author of that Ad or that you have acquired all of the appropriate rights and / or permissions to submit it. ESA accepts no responsibility or liability for any infringement of third party rights by such Ads or Content. Further, you waive all moral rights in the Ad to be named as its author and grant ESA a perpetual licence to modify the Content as necessary for its inclusion on the Website.
7.6 ESA will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Ads, nor for any errors or omissions in Ads. Use of and reliance upon Ads is entirely at your own risk.
7.7 Nothing in these Terms and Conditions shall grant ESA any rights in or to any trade marks or any other intellectual property rights contained within your Ad or any part of it save for the right to display the same on the Website as part of your Ad until you or ESA choose to remove that Ad.
7.8 You acknowledge that ESA may retain copies of any and all communications, information, Content and Ads sent to us or submitted to the Website.
8. Accounts and Ad Fees
8.1 In order to post an Ad on this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:
8.1.1 all information you submit is accurate and truthful; and
8.1.2 you will keep this information accurate and up-to-date.
8.2 Sharing of accounts is not permitted unless expressly authorised in writing by ESA. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
8.3 An Ad Fee will be charged for each Ad you post on this Website. Ad Fees are detailed on the Advertising page of this Website. Your credit / debit card will be billed at the time at which your Ad goes live and monthly thereafter until cancellation or termination.
8.4 Your first payment will be at the price advertised on the Website. ESA reserve the right to change Ad Fees from time to time and any such changes may affect your recurring Ad Fees:
8.4.1 increases in price will be reflected in your recurring Ad Fees; and
8.4.2 decreases in price will be reflected in your recurring Ad Fees.
8.5 Multiple Ads are permitted for each Account. Each new Ad will incur the standard Ad Fee.
8.6 If you terminate an Ad and/or your Account, your Ad(s) will be removed immediately and you will not be rebilled for either the cancelled Ad or all of your Ads, as appropriate.
8.7 Ads which ESA rejects in accordance with sub-Clause 7.2 shall not be charged for.
9. Termination and/or Suspension
In the event that any of the provisions of sub-Clause 7.1, above, are not followed, ESA reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
11.1 ESA makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
11.2 Save for the screening and approval of Ads, ESA has neither control over, nor involvement in, any items or services advertised on the Website and accepts no responsibility for any actions taken, or any items or services provided, by any Advertisers.
11.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, ESA makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
11.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
11.5 ESA makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.6 Whilst every effort has been made to ensure that all descriptions of services available from ESA correspond to the actual services available, ESA is not responsible for any variations from these descriptions.
11.7 Whilst ESA uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
12. Availability of the Website and Modifications
12.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2 ESA accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12.3 ESA reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, ESA accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
13.2 Nothing in these terms and conditions excludes or restricts ESA’s liability for death or personal injury resulting from any negligence or fraud on the part of ESA.
13.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
14. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
16. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and ESA.
17.1 All notices / communications shall be given to us by email using the Contact The ESA page. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
17.2 ESA may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
18. Law and Jurisdiction
These terms and conditions and the relationship between you and ESA shall be governed by and construed in accordance with the Law of England and Wales and ESA and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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