We/Us/Energy Market Square/ EMS means Energy Market Square Ltd., a private limited company registered in England and Wales under company number 9732456. Site/Website means the website located at energymarketsquare.com and any subdomains. You/Your means the person accessing this website and/or the legal entity you represent in your use of the website. Services means the contents, features and functionalities provided via this Website. The Terms/The Agreement means this document together with the associated privacy policy.
By accepting these terms of service, either by checking a box indicating your acceptance or by using the service or accessing the website (each as defined below), you agree to be bound by and abide by the terms and conditions set forth herein, including the privacy notice. You agree that your acceptance of these terms in accordance with the preceding sentence will have the same force and effect as if these terms were physically signed. If you do not accept these terms, you should not click the box indicating acceptance and you may not use the service or access the website and must promptly destroy or delete any materials in your possession relating to the service. You acknowledge and agree that (i) you are accepting these terms on behalf of your employer and (ii) you have the authority to bind your employer to these terms. If you do not have the authority to accept this agreement on behalf of your employer, or if you do not agree with these terms, you should not accept these terms and may not use the services or access the website. You are solely responsible for keeping your personal password secure and confidential. You should not share, display, disclose or permit your password to be disclosed to any other party. You are responsible for use of the Services when access to the Services is obtained through the use of your username and password whether authorised or unauthorised. Any material downloaded or otherwise obtained through the Website is done so at Your sole discretion and risk and You are responsible for any damage to Your computer system or loss of data that results from the download of this material. No advice or information, whether oral or written, obtained from Us or through or from the Website shall create any warranty not expressly stated in these Terms and Conditions.
By signing up for your Services subscription and agreeing on a price for such services with EMS, You agree that we are authorized to charge you a recurring subscription fee on terms agreed to at the time that you subscribe to the Services, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Services to the credit card or other payment method accepted by EMS that you provided when You upgraded to fee based Services. All fees and charges are non-refundable except in connection with your early cancellation of the account as further described in “Ongoing Subscription” below.
Your Services subscription will continue in effect unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews in order to avoid the next term’s billing. We will bill the subscription fee plus any applicable taxes for each renewal to the approved payment method you provide to us.
You may continue to use the Website as long as you adhere to these Terms. The term of any fee-based service may vary depending upon the type of subscription. EMS may terminate your account at any time for any reason that it deems appropriate in its sole discretion. In the event that EMS terminates your Services account without cause, EMS will refund to you a pro-rata share of the fees that you have pre-paid for the unexpired portion of your then-current term. For the avoidance of doubt, EMS may terminate any account at any time in its sole discretion. You may terminate your use of the Service at any time and close your account by providing not less than thirty (30) days’ written notice to EMS. If you cancel your membership in the Service, you will not be entitled to any refund of subscription fees.
EMS is not responsible for making backup copies of your Content nor for verifying their accuracy or functionality. EMS may allow you to process personal data. You will act as the controller and EMS as the processor as defined in the Data Protection Act. You guarantee that all requirements for lawful processing of the personal data processed in the context of EMS have been satisfied. You indemnify EMS against all damage and costs arising from and related to claims of third parties, on any basis whatsoever, in connection with the processing of personal data.
You must use the Service in a manner consistent with any and all applicable laws and regulations. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. 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 the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You are granted a limited licence to access and use this website solely for the purposes of use connected with the Services. All content of this website including but not limited to the text, graphics and links are owned by the respective licensors and may not be copied, downloaded, distributed or published in any way without their prior written permission. Changes to Terms and Conditions We reserve the right to change these Terms and Conditions at any time. Changes will take effect when posted on the Website. You should visit this page from time to time to review the current terms and conditions as they are binding on you.
If we do not enforce any provision of these Terms such will not be considered a waiver of any provision or right. In the event that any part of these Terms is held to be unenforceable, such part will at our option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect. EMS may transfer rights and obligations arising from these Terms of Service to third parties and will notify you of this. You are not permitted to transfer to third parties any right derived from the Account without EMS’s prior written consent. These Terms of Service and the use of EMS are governed by English law.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND EXPRESS OR IMPLIED REGARDING THE CONTENTS OR AVAILABILITY OF THE WEBSITE OR SERVICES. WE SPECIFICALLY DISCLAIM ANY WARRANTIES OF QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE WEBSITE AND SERVICES ARE AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS HOWSOEVER ARISING AS A RESULT OF YOUR USE OR RELIANCE ON THE WEBSITE OR SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT PREJUDICE TO THE ABOVE IN ANY EVENT OUR LIABILITY SHALL BE LIMITED TO AN AMOUNT NOT EXCEEDING THE AMOUNT PAID OR PAYABLE BY YOU TO US FOR PARTICIPATING AS A MEMBER FOR ONE MONTH; OR WHERE NO AMOUNT IS PAID OR PAYABLE THE MAXIMUM SUM OF £100.
If you experience any problem, please email admin@energymarketsquare.com
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