Terms and Conditions for www.energydesigntools.co.uk
Updated 15th November 2023
CONDITIONS OF USE OF ENERGY DESIGN TOOLS WEB SITE
Access to and use of this web site is provided by Bryter Digital Limited, company number 08555393, whose registered office is at 27 St Dunstans Street, Canterbury CT2 8BT ("Bryter") subject to the following terms and conditions.
Please read these terms and conditions carefully. They are important.
"We" and "us" "means Bryter Digital Limited and "you" means the user.
Acceptance of Terms and Conditions of Web Site Use
By accessing or using this web site ("the Site") or any material (including, without limitation, any Tools as defined below) provided or available from it ("Materials") you agree to be bound by these terms and conditions as may be varied from time to time ("the Terms") and which you agree to check regularly. If you do not agree to any of the Terms you should leave the Site now.
Terms of Website Use
Any unauthorised use of any Materials on the Site will breach copyright laws and may also breach trademark laws and the laws of privacy/confidentiality.
Your permission to use the Site terminates automatically if you breach any of the Terms and if that happens you must immediately destroy any copies made of the Materials.
You may not create links to the Site or any other part of the Site without express written permission from Bryter, and then only after they have been approved by us.
When you access the Site it will be under your correct name and you agree that you will not impersonate anyone.
You represent, warrant and undertake that you will not cause or permit anything to be done that may infringe or damage any intellectual property rights of Bryter.
If you would like any information about permission to use material on the Site, please e-mail support@energydesigntools.co.uk
Licenses
A subscription to the site offers a single user access into the website and calculators. Accounts should not be shared amongst different users. All users that are certified with an accreditation scheme must hold their own account and license that cannot be shared with other users. User information is displayed on official Building Regulation certificates and Energy Performance Certificates therefore it is essential that this information is kept accurate.
Support
All requests for Support must come from the email address associated with the account.
Copyright & Trademarks
The literary, artistic and/or other forms of copyright in the Materials and files, graphics, devices, code, links and all other aspects of it are either owned by us or by a third party that has licensed us. All database rights in the Materials for their selection or arrangement belong to us.
You agree that you will not copy, reproduce, adapt, save, distribute, republish, download, display, publicly perform, post or transmit in any form or by any means any Materials except that you may print out one copy of any part of the Materials for your own personal, non-commercial use only, provided you do not modify it or remove any copyright or proprietary notices.
We reserve the right to use for our own purposes any material submitted to the Site, including text and images, either on the Site or in any other form, including for publicity purposes. We also reserve the right to monitor submissions to the Site and to edit or reject any submissions. You may not submit materials which are inaccurate, misleading, defamatory, blasphemous or indecent.
The trademarks and logos ("the Trademarks") used and displayed on the Site which refer to or identify our products are registered (and unregistered) trademarks of Bryter and may not be used for any advertising or other publicity materials without our prior written consent. Any third party brand, product, service and company names contained on the Site are the trademarks, service marks and trade names of their respective holders. Bryter does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.
Privacy Policies
The information you provide to us at our request will be used according to the Data Protection Principles of the Data Protection Act and in accordance with our Privacy Policy.
Other web sites may be accessed through the Site: the privacy and information practices of those other web sites are not covered by our privacy policy.
Tools
We may make available on the Site products, utilities and tools for download or use ("Tools"). Such Tools are provided for your convenience only and we do not make any warranties or representations with regard to the accuracy of any results or output produced by or derived from the use of any such Tools. You agree to use the Tools in accordance with the Terms and any other terms (if any) set out on our Site from time to time relating to the Tools.
Disclaimers
Bryter is constantly seeking ways to improve the specification, design and production of its products and alterations take place continually. Whilst every effort is made to produce up to date products and specifications, the Site and Materials should not be assumed to be an infallible or complete and up to date guide, nor does the Site constitute an offer for the sale of any particular product or service.
Although we have taken reasonable care to ensure that the information on the Site is accurate, we provide the Site and Materials on an "as is" basis and we make no warranty of any kind (expressed or implied) as to its content and performance or as to the accuracy, completeness, currency or reliability of the Materials and the Site or any information contained on the Site. In particular (but without limitation) we do not warrant or represent that the Site or the Materials will be free from errors or perform without errors or that it is suitable for any particular purpose.
Liability
Except as expressly stated in the Terms, to the extent permitted by law neither Bryter nor any of its members or officers and employees or other representatives will be liable for damages or loss resulting from the use of the Site and Materials (including, for the avoidance of doubt, any Tools). This applies to damages or loss of any kind including but not limited to direct, indirect, special or consequential loss or damages for loss of data, income or profit or claims from third parties.
We assume no responsibility and shall not be liable for any viruses that may infect your computer equipment on account of your access to, use of, or browsing in the Site.
Except as expressly stated in the Terms your sole remedy in the event of any failure is to discontinue your use of the Site.
We do not limit our liability for death or personal injury to the extent only that it arises by our negligence or the negligence of our members, officers or employees.
Payment Flow and Delivery Policy
Following satisfactory payment in full of the agreed sum, you will be granted immediate access to the online software for the period of time purchased on your subscription plan.
Refund / Cancelation Policy
Refunds will not generally be made once access to the online software has been granted. However, if you believe that a refund is due please contact us at support@energydesigntools.co.uk
Software
Any software downloads from the Site (or through approved 3rd parties providing download/purchase facilities) have been thoroughly scanned and tested at all stages of production, but we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using such software. We cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using such software.
Links
Any hypertext link in the Site which connects to another site is intended for the convenience of our users. We take no responsibility for the content of any web site which may be linked to the Site. Bryter and its affiliated companies have not necessarily reviewed, do not necessarily endorse the content of, and accept no liability in respect of any information contained on any web site that is referenced by a link from the Site or which may be linked to the Site. If you decide to access other web sites through any such link, you do so at your own risk and will be bound by any terms and conditions of use which that other site may impose on its users. Any dealings you may have with any third party are your responsibility and Bryter accepts no responsibility to assist in the resolution of any dispute which may ensue. Bryter will not be liable for any loss or damage which you may suffer as a result of your dealings with any third party.
Indemnity
You agree to indemnify Bryter and its officers, members, employees and agents, from and against any actions or claims or demands relating to the use or alleged use of the Material and/or the Site by you or by persons on your behalf or by reason of breach of the Terms. We will promptly provide notice to you of any such claim against us and shall reasonably assist you, at your expense, in defending any such claim.
General
We cannot be certain that all the Materials on the Site at any time will comply with all laws of every country in the world and we cannot accept responsibility to you for any such non-compliance. Our Site is designed for use by UK customers only.
No variation to the Terms other than the variations notified by us shall be binding unless in writing and signed by us.
The Terms are governed by and to be construed under English law and the parties submit to the exclusive jurisdiction of the English courts.