Terms & Conditions
EPMAXX (THE “COMPANY”)
TERMS AND CONDITIONS OF USE
By accessing this website (Site), you agree to be bound by the following terms and conditions (the Terms). Before using this Site, you should read carefully the Terms and also our Privacy Policy. By accessing this Site, you are indicating that you have read, acknowledged and agree to be bound by the Terms as detailed below. Note by accepting these Terms you also agree to “cookies” being placed on your computer. If you do not agree to the Terms please refrain from using this Site.
The information on this Site (including these Terms) is current at the date of publication but is subject to change without notice. You should review these Terms regularly as your continued use constitutes agreement to all such changes. This Site and its content are the property of EPMaxx Ltd.
In these Terms:
content means all pages, screens, information and materials included in or accessible through this Site.
you, your and yours means you, the person(s) accessing this Site and the party on whose behalf you are doing so.
we, us, our and the Company means EPMaxx Ltd.
Terms
These Terms cover your use of this Site.
The information on this Site is for information purposes only. Although the Company has taken all reasonable care to ensure that the information contained within this Site is accurate, no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by the Company, its affiliates and third parties that have provided information contained in this Site. Opinions and any other contents expressed on this Site are provided for your personal use and informational purposes only and are subject to change without notice. Nothing contained on this Site constitutes energy performance advice and is not to be relied on in making an energy performance or other decision.
This Site may provide you with access to other websites which may be subject to their own terms and conditions. You should read their terms and conditions carefully before using the website in question.
This Site is intended for those who access it from within the United Kingdom. As a result, we cannot guarantee that the Site, or the information thereon, complies with the local laws or regulations of, or is appropriate for use in, any other jurisdiction from which you access it. If you choose to access this Site from a jurisdiction other than the United Kingdom you do so at your own risk and the Company will not be liable for any breach of local law or regulation that you commit as a result of doing so.
If any part of these Terms is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law. The information, material and content provided in the pages of the Site may be changed at any time. Changes may be made to these Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access to or use of the Site will mean that you agree to any changes.
No Warranties
The information and opinions contained in this Site are provided without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law.
Use of this Site is at your sole risk. None of the Company nor any of their respective affiliates assumes any responsibility for, or makes any warranties that:
any information contained on this Site will be accurate, complete or up to date or meet your specific requirements,
this Site will be available,
access to this Site will be uninterrupted or that there will be no delays, failures, errors or omissions or loss of information as this Site is transmitted to you, no viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged.
Exclusions of our Liability
To the fullest extent permitted by law, the Company shall not be liable for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) arising out of or in connection with:
your use of this Site,
your reliance on or your inability to use the information on this Site, or
any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site or your use or attempted use of it.
You agree that under no circumstances, including, but not limited to, negligence, shall the Company or any other third party that has provided information contained in this Site or any of their respective affiliates be liable for any direct, special or consequential damages that result from the access or use of, or the inability to access or use, the materials on this Site.
All of the above exclusions apply even if you have advised us of the possibility of the above types of damage, loss or liability.
Data Protection and Privacy
We are committed to protecting your privacy. All information gathered from you in connection with your use of the Site will be maintained in accordance with the applicable privacy policies disclosed for this Site (see our Privacy Policy).
Third Party Sites and Endorsements
This Site may provide links to third party websites or resources over which the Company or the has no control. These links are provided for your convenience which you may access at your sole discretion and entirely at your own risk. You should be aware that other websites are not subject to our privacy standards or procedures. You will need to contact the website owners directly to ascertain their privacy standards. We make no representation as to the accuracy or completeness of any linked websites. We have not reviewed or updated such websites and accept no responsibility for such websites.
Links to our Site
Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission. You must establish a link to this Site in such a way not to suggest approval or endorsement on our part where none exists.
We are not responsible for the set-up of any link from a third party website to our Site.
Neither you nor any other party may deep link to, frame, spider, harvest or scrape the content or otherwise access the content for any purposes, or use any machine, electronic, web based or similar device to read or extract the content by machine based or automated means, without our prior written permission.
Our Monitoring of Communications
To help us improve our service and in the interest of security, we may monitor and/ or record communications (whether over the internet, telephone or otherwise) between you and us. All recordings are our sole property. We may investigate any complaint or reported violation of these Terms. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
Intellectual Property Rights
Our Rights – all intellectual property rights (including, without limitation, copyright, database rights, design rights, patents and trademarks) in the content are owned by or licensed to us unless otherwise stated.
Nothing on this Site shall be interpreted as granting, by implication or otherwise, any license or right to use any image, trademark, logo or service mark. All rights are expressly reserved and retained by the Company.
Copying by you and your access to the Site – you may print, copy, download or temporarily store extracts from this Site for your personal use. You must not alter any extract contained on or obtained from this Site in any form. Any other use is prohibited unless you first get our written permission. Without limiting the above, unless you first get our written consent, you may not reproduce, modify, adapt, transmit, publish, broadcast, create derivative works of, store, archive or in any way exploit any of the content. Without limitation, neither you nor any other party may do any of the following without prior written consent from us:
create any data base in electronic or structured manual form by systematically downloading and storing all or any of the content; or
redistribute any of the content (including by using it as part of any syndication, content aggregation, archive or similar service); or
remove the copyright or trademark notice from any copies of content made in accordance with these Terms.
You undertake not to use the Site for any purpose which is unlawful, abusive, libellous, obscene or threatening. You undertake to comply with any terms notified to you as required from time to time by any third party supplier of data or services to the Site, including but not limited to, where necessary, entering into a direct agreement with such third party in respect of your use of their data.
Any infringement of any of our or our affiliates’ intellectual property rights will result in appropriate legal action.
Third Parties
We may work with third parties to research certain usage and activities on this Site on our behalf. No personal information about you is shared, however in the course of conducting this research these third parties may place a unique ‘cookie’ on your browser.
Amendment/ Withdrawal of Services
We reserve the right to make amendments and changes to the information on this Site or to withdraw access to this Site or any part of it at any time without notice. You are responsible for checking that this has not been updated since your last visit to the Site.
Your Queries
If you have any queries regarding these terms and conditions, then please write to us at EPMaxx, 3rd Floor, 207 Regent Street, London, W1B 4NE.
General
We may assign our rights and obligations under the Terms to any member of our group or to any successor to that part of our business which includes the Site, provided always that the assignee undertakes to comply with our obligations under the Terms, or appoint one or more agents to provide all or any of the service and references to “we”, “us” or “our” will include references to such assignees and agents.
No delay or failure by you or us to exercise any of our or your powers, rights or remedies under these Terms shall operate as a waiver of them, nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing. The remedies provided in these Terms are cumulative and not exclusive of any remedies provided by law.
Governing Law
The terms are governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales will have non-exclusive jurisdiction in respect of any dispute, which may arise.
It is a fiduciary principle that a Director must avoid actual or potential conflicts arising between his or her duties to the Company of which he or she is a Director and his or her personal interests. The test is whether a reasonable person looking at the facts would think that there was a real, sensible possibility of conflict of interest. A Director could be in breach of the rule even though the Company has suffered no loss. A Director should not act for two companies with potentially competing interests unless he or she does so with the informed consent of both parties.
The Directors of the Company may be involved in other financial, investment or professional activities that may, on occasion, give rise to conflicts of interest with the Company. In particular, the Directors may provide advice or other services to, or be otherwise involved in, a number of companies that may have similar policies to that of the Company. It is, therefore, possible that a Director may have potential conflicts of interest with the Company.
In cases where an actual or potential conflict does arise, the Director concerned must ensure that he or she discloses the interest in the existing or proposed transaction to the Company at the first possible Board meeting and subsequently receives the approval of the Company.
The Directors will at all times have regard in such event to their obligations to the Company under their letter of appointment as a Director or otherwise to act in the best interests of the Company, having regard to their obligations to other clients, when undertaking any activity where conflicts of interest may arise and the Director will endeavour to resolve such conflicts fairly.