Terms of Use
1. Introduction
Please read these terms of use carefully. These terms tell you the rules for
using Homewise referred to as the “Tool“. The Tool is operated by Energy
Saving Trust of 223-231 Pentonville Road,
London, England, N1 9NG (“we“, “us” or “our“).
2. These terms
By accessing and using the Tool, you accept these terms and agree to comply with them. If you do not agree to these terms, you must immediately stop using the Tool.
These terms refer to the following policies, which also apply to your use of the Tool. Please ensure you read through each of these additional terms:
We may update these terms from time to time. The date they were last updated will be shown on the page.
3. The Tool
The Tool is only for users in the United Kingdom and we do not guarantee that content available on, or through, the Tool is appropriate for use or available in other locations. You are responsible for complying with local laws and regulations of the country from which you access the Tool.
Although we make reasonable efforts to update the information in the Tool, we do not guarantee in any way that the information in the Tool is accurate, complete or up to date. The Tool may include inaccuracies or typographical errors. We will endeavour to correct any errors that are brought to our attention. This can be achieved by selecting the ‘Send Feedback’ option located throughout the Tool.
We do not guarantee that the Tool will always be available or that access will be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Tool for business and operational reasons.
We do not guarantee that the Tool will be free of errors, bugs or viruses. You are responsible for your own virus protection software.
You may not knowingly misuse the Tool by introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to attack or gain unauthorised access to the Tool, the server on which it is stored or any server, computer or database connected to the Tool. If you are in breach of this term, this would be a criminal offence under the Computer Misuse Act 1990 and we will take this breach seriously by reporting it to the relevant law enforcement authorities.
We have the right to suspend or permanently block your access to this Tool or any portion of it without prior notice.
Please be aware the Tool may, from time to time, include legal or other notices for the attention of some or all Tool users. It is your responsibility to comply with any notices displayed.
4. The content in the Tool
We are the owner (or licensee) of all intellectual property rights in the Tool and all materials published on it including, but not limited to, the design, logos, graphics, text, any underlying software code, tools or software available for download from the Tool. The organisation and layout of the Tool, icons and images are referred to collectively as the “Content”. The Content is protected by copyright laws and may only be used by you in accordance with these terms.
Additional restrictions may apply where the Content is owned or copyright by a third party and where this is the case, we will indicate this through the Tool.
If necessary, we will enforce our intellectual property rights to the fullest extent permitted by the law which may include criminal prosecution.
You are strictly prohibited from using any Content, except as provided in these terms, without our prior written permission.
5. Your use of the Tool
You can use the Tool (and its Contents) under the following conditions:
- you may use the Tool and Content for informational, non-commercial, non-profitable and personal use only but you must not modify, in print or digitally, any materials that you have printed or downloaded from the Tool in any way.
- you must not use the Tool or any Content for any commercial purposes (including, without limitation, to copy, sell, reproduce, republish, make available to the public, etc) without first obtaining our written permission and as necessary, obtaining a licence to do so from us and/or our licensors.
- you may not create a database in electronic or structured manual form by systematically downloading and storing any Content.
- you will not use the Tool (or any of its Content) in connection with, or post or transmit any, infringing, threatening, false, misleading, abusive, harassing, discriminatory, liable to incite racial hatred, libellous, defamatory, vulgar, obscene, indecent, scandalous, offensive, inflammatory, blasphemous, pornographic, or profane material or material in breach of confidence or privacy.
- if any part of the Tool requires you to create a login account with a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for keeping such information secure and not disclosing it with any third party.
- you agree that if you share anything on the Tool, you will retain ownership of your content but you will allow us to use, store and copy that content and to distribute and make it available to third parties. If the information shared consists of your personal data, we will use it in accordance with the Privacy Policy.
Any permission we give you, or any rights you have, under these terms may be revoked by us at any time.
6.Linking to the Tool
You may only link to the Tool if you comply with these terms and if you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way that suggests any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Tool on any site not owned by you.
This Tool must not be framed on any other site, nor may you create a link to any part of the Tool other than the home page.
You must inform us in advance of the link, and if under any circumstances, we request you to discontinue linking to the Tool, you must do so immediately.
7. Privacy
Any personal data (for example, your name, address, telephone number or email address) that you transmit to the Tool via a form, email or otherwise will be used by Energy Saving Trust in accordance with the Privacy Policy and Cookie Policy. We advise you to read our Privacy Policy as it sets out what personal data we collect, how we use it, how it is shared with other parties and what rights you have.
You guarantee that you are entitled to receive emails at any email address or contact details you provide us for that purpose, even if it is hosted or owned by a third party, such as your employer, educational establishment or other third party. You also agree that we may stop sending any emails to such address without notifying you, even if you have subscribed to receive them or any other service, if we receive a request from your employer, educational establishment or other third party to stop using that address.
8. Links to third party websites
The Tool may contain links to websites owned or operated by parties other than Energy Saving Trust. These links are provided for your convenience only. If you use these links, you may leave the Tool or, alternatively, the link and third-party website content may be framed within this Tool. These links should not be interpreted as approval by us of those links or the information you may obtain from them. We are not responsible for any content on third party sites and have no control over the content of those sites.
9. Liability
Energy Saving Trust shall not have any liability or responsibility whatsoever and howsoever arising for any Content or information provided (or not provided) on this Tool.
Information provided by third parties for use in the Tool (including through any forums or discussions) is done so without any verification by Energy Saving Trust and we accept no liability in respect of such information. Any opinions expressed by third parties on this Tool are not necessarily the opinions of Energy Saving Trust.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We exclude all implied conditions, warranties, representations or other terms that may apply to this Tool or any Content, to the fullest extent allowed by law.
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, the Tool; or
- use of or reliance on any content displayed on the Tool.
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.
Energy Saving Trust is not liable for any costs for the servicing, repair or correction of equipment, software or data resulting from your use of this Tool.
If you are dissatisfied with any portion of this Tool, your sole and exclusive remedy is to stop using it.
10. General
Nothing in the Content within the Tool or materials accessed via the Tool, other than these terms, is intended to form any binding contract. In particular, notes on products, services and the like are stated on an ‘invitation to treat’ basis (i.e. they are not offers which will become binding upon purported acceptance by you) and are ‘subject to availability’.
If Energy Saving Trust decides to waive any breach of obligation arising under these terms, that does not mean that Energy Saving Trust has waived any other breach or any future breaches. All rights and remedies under these terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.
The invalidity or unenforceability of any term of or any right arising pursuant to this agreement shall not affect the validity or enforceability of the remaining terms or rights.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or your use of this Tool.
These terms and your use of the Tool shall be governed by English Law and the courts of England and Wales shall have exclusive jurisdiction in relation to any dispute relating thereto.
© Energy Saving Trust 2023 All rights reserved
July 2023