ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.powergen-statistics.com for Powergen Consulting (PGS) 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 PGS.
1.1 – By accessing any part of PGS, 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 PGS from time to time to review the then current legal notice, 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 Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at PGS.
2.1 – You are permitted to print and download extracts from PGS for your own use on the following basis:
(a) no documents or related graphics on PGS are modified in any way
(b) no graphics on PGS are used separately from the corresponding text
(c) the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 – Unless otherwise stated, the copyright and other intellectual property rights in all material on PGS (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 PGS 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 PGS automatically terminates and you must immediately destroy any downloaded or printed extracts from PGS.
2.3 – Subject to clause 2.1, no part of PGS may be reproduced or stored in any other PGS 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. Service Access
3.1 – While the Company endeavours to ensure that PGS is normally available 24 hours a day, the Company shall not be liable if for any reason PGS is unavailable at any time or for any period.
3.2 – Access to PGS may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. Visitor Material And Conduct
4.2 – You are prohibited from posting or transmitting to or from PGS 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 PGS (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.
5. Links To And From Other websites
5.1 – Links to third party PGSs on PGS are provided solely for your convenience. If you use these links, you leave PGS. The Company has not reviewed all of these third party PGSs and does not control and is not responsible for these PGSs 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 PGSs linked to PGS, you do so entirely at your own risk.
5.2 – If you would like to link to PGS, you may only do so subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the logo of PGS or any of its associated subsidiary or affiliated companies;
(b) you do not create a frame or any other browser or border environment around PGS;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any trade marks either of PGS or any of its associated subsidiary or affiliated companies displayed on PGS without express written permission from the Company;
(f) your PGS does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 – The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 – You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
6.1 – Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 – Responsibility for the security of any passwords issued rests with you.
6.3 – Based on your registration you will have access to part or full database and have the possibility or not to download the data.
6.4 – The downloaded data is only to be used exclusively for internal use of PGS Client and not to be circulated to external customers or subsidiaries without the approval of PGS
7.1 – Powergen Statistics does not warrant the accuracy, completeness or timeliness of any of the data and/or Information available at Powergen Statistics site. The Information is provided on “as is where is basis” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
7.2 – Powergen Statistics and its associated websites do not represent or endorse the accuracy, completeness or reliability of any data, advice, opinion, statement or other information displayed, uploaded or distributed through the web site. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
7.3 – Powergen Statistics makes no warranty or representation whatsoever regarding the web site or any content, advertising, services or products provided through or in connection with the web site.
7.4 – In no event will Powergen Statistics or its affiliates be liable to any party for any direct, indirect, special, consequential or other damages for any use of or reliance upon the Information found at this Web Site, or on any other linked web site, including, without limitation, lost profits, business interruption, loss of programs or other data.
8.1 – The Company, any other party (whether or not involved in creating, producing, maintaining or delivering PGS), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents 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 PGS in any way or in connection with the use, inability to use or the results of use of PGS, any PGSs linked to PGS or the material on such PGSs, 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 PGS or your downloading of any material from PGS or any PGSs linked to PGS.
8.2 – Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 – If your use of material on PGS results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing Law And Jurisdiction
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.