Website Terms and Conditions and Privacy Policy

Issue Date: 19th March 2010

IMPORTANT LEGAL NOTICE
Nothing in this legal notice affects your statutory rights

ATTENTION: This legal notice applies to the entire contents of the Website under the domain names www.energydatavision.com and edvplus.im-serv.com (“Website”) and to any correspondence by e-mail between Us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with Us. If you do not accept these terms, do not use the Website. This notice is issued by IMServ Europe Limited (“Company” or “We/Us/Our”).

1              THE WEBSITE

1.1          By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.

1.2          The Company may revise this legal notice at any time by updating this posting. You should check this legal notice each time you log in, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2              Licence

2.1          You are granted a non-exclusive, non-transferable, limited licence to access the Website and print and download extracts from the Website for your own use on the following basis:

a)             no documents or related graphics on the Website are modified in any way;

b)            no graphics on the Website are used separately from the corresponding text; and

c)             the Company's copyright and trade mark notices appear in all copies. 

2.2          Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website and your access to the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. 

2.3          Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission. 

2.4          Any rights not expressly granted in these terms are reserved. 

3              access TO THE WEBSITE

3.1          To enable you to access the Website, you will be provided with a username and password which are for a single user only. 

3.2          Any username and password issued by the Company (or any other entity who is entitled by the Company to issue a username or password) to you is personal and confidential to you.

3.3          The Company does not permit you to share your username or password with any other person. Responsibility for the security of any passwords issued rests with you.  If the Company suspects that any username or password is being used by an unauthorised user or a different authorised user than the person to whom it was issued, that username and password may be cancelled and your right to access the Website terminated.

3.4          The Company may require you to change your password from time to time and shall notify you accordingly. 

3.5          While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. 

3.6          Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control. 

3.7          The Company’s services are currently only available in the UK.  However, if you wish to purchase any services or discuss any other opportunities please e-mail the Company at brightertogether@imserv.com

4              Visitor material and conduct

4.1          Other than personally identifiable information, which is covered under Our privacy policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 

4.2          You are prohibited from posting or transmitting to or from the Website any material:

a)             that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

b)            for which you have not obtained all necessary licences and/or approvals; or

c)             which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

d)            which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3          You may not misuse the Website (including, without limitation, by hacking). 

4.4          The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

4.5          Whilst you have the potential to schedule an unlimited amount of reports using the functionality on the Website, a fair usage policy applies:

a)             We reserve the right to re-schedule or amend your reporting schedules if the impact on the system is likely to cause service disruption to other users of the Website.

b)            Re-scheduling or amendment of reporting schedules may take place outside of normal working hours and without warning to you to ensure the performance of the system is maintained

5              Links to and from other websites

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

6              Disclaimer

6.1          While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website. The material on the Website may be out of date, and the Company makes no commitment to update such material.

6.2          Where information displayed on the Website is generated as a result of information provided by you, the Company has no liability for the accuracy, completeness or otherwise of such information.  It is your responsibility to notify Us if any of your information changes.

6.3          The material on the Website is provided "as is" and on an “as available” basis, without any conditions, warranties or other terms of any kind, including without limitation, that the Website and the materials on the Website are or will be free from errors or that the material will continue to be available to the Company.  Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms implied by statute or common law from this legal notice. 

7              Liability

7.1          The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the employees, agents or sub-contractors of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. 

7.2          Nothing in this legal notice shall exclude or limit the Company's liability for:

a)             death or personal injury caused by negligence; or

b)            fraud or fraudulent misrepresentation; or

c)             any liability which cannot be excluded or limited under law.

7.3          If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8              termination

8.1          The Company may suspend or discontinue your access to the Website, temporarily, at any time, without notice. 

8.2          The Company shall immediately terminate your access to the Website if:

a)             for any reason, you no longer receive the services to which the Website relates; or

b)            you fail to comply with any of your obligations under this legal notice. 

8.3          In the event that the Company terminates your access to the Website in accordance with clause 8.2 above, all licences granted under this legal notice shall immediately terminate. 

9              general provisions

9.1          All notices and other communications to you under this legal notice shall be in writing and displayed electronically on the Website.

9.2          Such notices to you shall be deemed to have been properly given on the date first made available, as displayed on the Website or on the date received, if delivered in any other manner.

9.3          Notices to the Company should be sent to Scorpio, Rockingham Drive, Linford Wood, Milton Keynes, MK14 6LY

9.4          If any provision (or part of a provision) of this legal notice is found by any Court or administrative body of competent jurisdiction to be, invalid, unenforceable or illegal, the other provisions shall remain in force.

9.5          If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the party.

9.6          Failure of the Company to enforce any provision of these Conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

9.7          This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

PRIVACY POLICY
(Your statutory rights are not affected)

At IMServ your privacy is important to us and we are committed to protecting and respecting your privacy.

This policy (together with our terms of use) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is IMServ Europe Limited of Scorpio, Rockingham Drive, Linford Wood, Milton Keynes, MK14 6LY.

WHAT INFORMATION DO WE COLLECT?

We may collect and process the following data about you:

·                Information that you provide by filling in forms on our site www.energydatavision.com or edvplus.im-serv.com (“Our Site”). We may also ask you for information when you report a problem with Our Site.

·                If you contact us, we may keep a record of that correspondence.

·                We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

·                Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

·                To estimate our audience size and usage pattern.

·                To store information about your preferences, and so allow us to customise our site according to your individual interests.

·                To speed up your searches.

·                To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies.  Please refer to your browser instructions or visit the About Cookies Website (www.allaboutcookies.com) to learn more about these functions.  However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.  By submitting your personal data, you agree to this transfer, storing or processing.  We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers.  Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

·                To ensure that content from our site is presented in the most effective manner for you and for your computer.

·                To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

·                To carry out our obligations arising from any contracts entered into between you and us.

·                To allow you to participate in interactive features of our service, when you choose to do so.

·                To notify you about changes to our service.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 the Companies Act 2006.

We may disclose your personal information to third parties:

·                In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

·                If IMServ Europe Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

·                If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of IMServ Europe Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS

You have the right to ask us not to process your personal data (that is, your name, address, telephone number or e-mail address) for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right to prevent such processing at any time by contacting us at brightertogether@imserv.com or by calling us on 01908 696000.

If you contact us to ask us to remove your personal data from our records, please provide us with your exact name and telephone number.  This will help us to ensure that you will not be contacted again and will also allow us to contact you in the event we need additional information from you in order to comply with your request.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and you should regularly check for updates or changes to our privacy policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to brightertogether@imserv.com.  You can also contact us by telephone on 01908 696000 or by writing to the Head of Legal at Scorpio, Rockingham Drive, Linford Wood, Milton Keynes, MK14 6LY.