The Customer Zone Portal (“Portal”) is provided by The ESS Utility Consultants Ltd (“ESS”), a company registered in England & Wales with company number 658 5789, whose registered office is at Felcourt Road, Felcourt, East Grinstead, West Sussex RH19 2LP. These Customer Zone Portal Terms and Conditions together with the Website Terms for http://www.essutility.co.uk/ (collectively, the “Terms”) govern your access to and use of the Portal. You must ensure you read and understand all of the Terms. By continuing to access and the use the Portal you are deemed to have understood and agreed the Terms.
1.1 This Portal contains text, data, graphics, photographs, illustrations, artwork, names, general information, power updates and regulatory news as well as third party provided information (“Information”). Information is provided “AS IS” and on an “AS AVAILABLE” basis and may not be accurate or up-to-date. Information on this Portal may or may not have been prepared by ESS and is made available without responsibility on the part of ESS. ESS does not in any way guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Portal or any of the Information. No responsibility is accepted by or on behalf of ESS for any errors, omissions, or inaccurate Information on the Portal.
1.2 No action should be taken or omitted to be taken in reliance upon Information on this Portal. ESS accepts no liability for the results of any action taken on the basis of the Information.
2.1 Information on the Portal is not offered as advice on any particular matter and must not be treated as a substitute for specific advice. In particular Information on the Portal does not constitute professional, financial or investment advice and must not be used as a basis for making investment decisions and is in no way intended, directly or indirectly, as an attempt to market or sell any type of financial instrument or professional advice. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.
2.2 The contents of this Portal do not constitute an offer or invitation to invest in shares of any company, or constitute or form a part of any offer for the sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or other financial instruments, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever.
3.1 ESS does not represent or warrant that the Information provided is accurate, comprehensive, up-to-date, verified or complete, and shall have no liability whatsoever for the accuracy of the Information or for omissions therein or for any reliance placed on the Information or use made of it by any person.
3.2 All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. Further, ESS does not warrant that the Portal will be uninterrupted or error free or that any defects will be corrected.
3.3 To the extent permitted by applicable law, ESS expressly disclaims all liability howsoever arising whether in contract, tort (or deceit) or otherwise (including, but not limited to, liability for any negligent act or omissions) to any person in respect of any claims or losses of any nature, arising directly or indirectly from: (i) anything done or the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this Portal; and (ii) the use of any data or materials (including but not limited to the Information) on this Portal or unauthorised access to this Portal or otherwise.
3.4 ESS will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
4.1 Portal Information and materials are provided solely for the information of the recipient and should not be reproduced, copied or circulated to any other party.
5.1 Whilst ESS uses reasonable endeavours to protect this Portal from computer viruses, worms, and Trojan Horses (the “Viruses”), ESS does not warrant that the Portal is free from such Viruses and accept no liability for any damage that may result from the transmission of any Viruses via this Portal or via any files which are available to you by way of electronic communication alerts and updates through or from the Portal.
6.1 ESS provides no representations or warranties, and shall have no liability, as to the accuracy or completeness of Information from any and all third party sources.
7.1 Any and all electronic communications (including by way of e-mail) you receive from ESS (including but not limited to power market updates, triad alerts and regulatory updates) arising out of or in connection with your use of the Portal shall be sent subject to these Terms.
7.2 To unsubscribe from any of our email updates please log into your Profile and update your preferences accordingly.
8.1 ESS reserves the right, at its sole discretion, to make changes to any part of the Portal, the Information or these Terms. By continuing to use the Portal you agree to be bound by these Terms as amended.
8.2 ESS reserves the right, without notice, to restrict or terminate your access to the Portal and/or receive any Information including but not limited to if you breach any Term.
9.1 If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.