Terms & Conditions
Please read these web site terms of use carefully before using the networkdigital.co.uk web site (the “web site”). These web site terms of use (the “terms of use”) govern your access to and use of the web site. The web site is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the web site. By accessing or using the web site, you and the entity you are authorised to represent (“you” or “your”) signify your agreement to be bound by the terms of use.
1. User Eligibility
The Web Site is provided by Network Digital Communications Limited and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Web Site.
2. Scope of Terms of Use
These Terms of Use govern your use of the Web Site and all applications, software, documentation and services (collectively, “Services”) available via the Web Site, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site (“Service Agreement(s)”). Any such Service Agreements accompany or are listed in association with or through a hyperlink associated with the applicable Services.
3. Modifications
Network Digital Communications Limited may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Network Digital Communications Limited. Network Digital Communications Limited may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. Network Digital Communications Limited may establish or change, at any time, general practices and limits concerning other Network Digital Communications Limited products and services in its sole discretion.
4. Network Digital Communications Limited Privacy Policy
The Network Digital Communications Limited Privacy Policy governs the use of information collected from or provided by You at the Web Site. With respect to any individual whose personal information is provided by You to Network Digital Communications Limited, You represent to Network Digital Communications Limited that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Network Digital Communications Limited Privacy Policy.
5. License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (the “Content”) are the sole property of Network Digital Communications Limited, its affiliates or third parties. The Content is protected by copyright and other laws in both the United Kingdom and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress (“Marks”) of Network Digital Communications Limited, its affiliates or other entities that have granted Network Digital Communications Limited the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Network Digital Communications Limited. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without Network Digital Communications Limited’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Network Digital Communications Limited does not grant to You any express or implied rights to Network Digital Communications Limited or any third party’s Intellectual Property.
Network Digital Communications Limited grants You a limited, personal, non-transferable, non-sub licensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by Network Digital Communications Limited, and (b) access and use the Network Digital Communications Limited computer and network services offered within the Web Site (the “Network Digital Communications Limited Systems”) only in the manner expressly permitted by Network Digital Communications Limited. Except for this limited license, Network Digital Communications Limited does not convey any interest in or to the Network Digital Communications Limited Systems, information or data available via the Network Digital Communications Limited Systems (the “Information”), Content, Services, Web Site or any other Network Digital Communications Limited property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Network Digital Communications Limited. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Network Digital Communications Limited.
6. Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Web Site.
(b) You will not place false or misleading information on the Web Site.
(c) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Network Digital Communications Limited.
(d) You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Web Site are restricted to partners of Network Digital Communications Limited.
(f) You may not use or access the Web Site or the Network Digital Communications Limited Systems or Services in any way that, in Network Digital Communications Limited’s judgment, adversely affects the performance or function of the Network Digital Communications Limited Systems, Services or the Web Site or interferes with the ability of authorized parties to access the Network Digital Communications Limited Systems, Services or the Web Site.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Network Digital Communications Limited.
7. Links
(a) Outbound Links. The Web Site may contain links to third-party Web Sites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Network Digital Communications Limited of the content on such Linked Sites. Network Digital Communications Limited makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Network Digital Communications Limited is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
(b) Inbound Links. Linking to any page of the Web Site other than to http://www.circle-group.co.uk through a plain text link is strictly prohibited in the absence of a separate linking agreement with Network Digital Communications Limited. Any web site or other device that links to http://www.circle-group.co.uk or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Network Digital Communications Limited or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Network Digital Communications Limited or any of its affiliates, (e) presenting false information about Network Digital Communications Limited products or services, and (f) using any logo or mark of Network Digital Communications Limited or any of its affiliates without express written permission from Network Digital Communications Limited.
8. Submissions
Network Digital Communications Limited does accept ideas, concepts, or techniques for new services or products through the Web Site (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Network Digital Communications Limited and its affiliates are under no obligation to keep such information confidential, and (c) Network Digital Communications Limited will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
9. Termination
You agree that Network Digital Communications Limited, in its sole discretion, may terminate or suspend Your use of the Web Site, the Network Digital Communications Limited Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site, the Network Digital Communications Limited Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Network Digital Communications Limited shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the Network Digital Communications Limited Systems, Information and/or the Services.
10. Disclaimer of Warranties
Network Digital Communications Limited makes no representations about the results to be obtained from using the web site, the Network Digital Communications Limited systems, the services, the information or the content. The use of same is at your own risk.
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The web site, the Network Digital Communications Limited systems, the information, the services and the content are provided on an “as is” basis. Network Digital Communications Limited, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Network Digital Communications Limited and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the web site or the Network Digital Communications Limited systems. no information obtained by you from the web site shall create any warranty not expressly stated by Network Digital Communications Limited in these terms of use.
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information provided on energy markets and procurement is provided for general information only. It is recommended that dedicated independent advice is sought as part of any specific purchasing process. Unauthorised reproduction, onward transmission or copying of market reports in either its electronic or hard copy format is illegal. While Network Digital Communications Limited considers that the information and opinions given in this web site and all documentation are sound, all parties must rely on their own skill and judgement when making use of it. Network Digital Communications Limited will not assume any liability to anyone for any loss of damage arising out of the provision of information on this web site however caused. This web site makes use of information gathered from a variety of sources that have not been subject to independent verification. Network Digital Communications Limited gives no representation or warranty to the accuracy or completeness of the information collected from market participants or from sources in the public domain. Network Digital Communications Limited makes no warranties, whether express, implied, or statutory regarding or relating to the contents of this report and specifically disclaims all implied warranties, including, but not limited to, the implied warranties of merchantable quality and fitness for a particular purpose. Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.
11. Limitation of Liability
To the extent permitted by applicable law and to the extent that Network Digital Communications Limited is otherwise found responsible for any damages, Network Digital Communications Limited is responsible for actual damages only. To the extent permitted by law, in no event shall Network Digital Communications Limited, its affiliates, its licensors, its suppliers or any third parties mentioned at the web site be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the web site, the Network Digital Communications Limited systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Network Digital Communications Limited is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use.
12. Compliance with Law Including Export Control
You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Network Digital Communications Limited, negatively reflect on the goodwill or reputation of Network Digital Communications Limited and shall take no actions which would cause Network Digital Communications Limited to be in violation of any laws, rulings or regulations applicable to Network Digital Communications Limited.
Network Digital Communications Limited and the Web Site are based in the United Kingdom. The United Kingdom and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United Kingdom or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
13. Jurisdiction
To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the web site, the Network Digital Communications Limited systems, information, services and content shall be instituted in a court sitting in the united kingdom and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the web site, the Network Digital Communications Limited systems, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.
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14. Governing Law and Language
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of (i) the United Kingdom; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English.
15. General
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
16. Written Document
You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
17. Complete Agreement
Except as expressly provided in a separate license, service or other written agreement between you and Network Digital Communications Limited or in the applicable Network Digital Communications Limited rate and service guide or Network Digital Communications Limited tariff, these terms of use constitute the entire agreement between you and Network Digital Communications Limited with respect to the use of the web site, the Network Digital Communications Limited systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.