This agreement applies as between you, the User of this Web Site and Ascend Online Media Limited, the owners of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Ascend Online Media Limited”
means Ascend Online Media Limited, a company registered in Scotland under SC281126, whose registered address is Blue Square House, 272 Bath Street, Glasgow, G2 4JR, UK and whose main trading address is Suite 5670, PO Box 26965, Glasgow, G1 9BW.
EnergyAverage.co.uk is a trading name of Ascend Online Media Limited;
means collectively any online facilities, tools, services or information that Ascend Online Media Limited makes available through the Web Site either now or in the future;
means any online communications infrastructure that Ascend Online Media Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by Ascend Online Media Limited and acting in the course of their employment; and
means the website that you are currently using (EnergyAverage.co.uk) and any sub-domains of this site (e.g. subdomain.EnergyAverage.co.uk) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ascend Online Media Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.4 you will not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Ascend Online Media Limited.
2.3 Subject to sub-clause 2.4 you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Ascend Online Media Limited.
2.4 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Ascend Online Media Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Use of Communications Facilities and Content Submission
4.1 When using the Contact Forms and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
4.1.1 you must not use obscene or vulgar language;
4.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
4.1.3 you must not submit Content that is intended to promote or incite violence;
4.1.4 it is advised that posts on message boards, chat facilities or similar and communications with Ascend Online Media Limited are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
4.1.5 content submissions are required to be made using the English language. Content in any other language may be removed at our sole discretion;
4.1.6 you must not post links to other web sites containing any of the above types of Content;
4.1.8 you must not impersonate other people, particularly employees and representatives of Ascend Online Media Limited or our affiliates;
4.1.9 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
4.1.10 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
4.2 You acknowledge that Ascend Online Media Limited reserves the right to monitor any and all communications made to us or using our System.
4.3 In order to use the Conatct Forms and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
4.3.1 any information you submit is accurate and truthful; and
4.3.2 you will keep this information accurate and up-to-date.
4.4 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Ascend Online Media Limited accepts no responsibility or liability for any infringement of third party rights by such Content. Further, you waive all moral rights in the Content to be named as its author and grant Ascend Online Media Limited a licence to modify the Content as necessary for its inclusion on the Web Site. Ascend Online Media Limited accepts no responsibility or liability for any infringement of third party rights by such Content.
4.5 Ascend Online Media Limited will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
4.6 Unless a User informs Ascend Online Media Limited otherwise, in advance of posting, in writing, and Ascend Online Media Limited agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Ascend Online Media Limited may deem appropriate under a royalty-free, perpetual basis.
5. Termination and Suspension
In the event that any of the provisions of Sub-Clause 4.1, above, are not followed, Ascend Online Media Limited reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
7.1 Ascend Online Media Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
7.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Ascend Online Media Limited makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
7.3 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
7.4 Whilst every effort has been made to ensure that all descriptions of services available from Ascend Online Media Limited correspond to the actual services available, Ascend Online Media Limited is not responsible for any variations from these descriptions.
7.5 The services offered by EnergyAverage.co.uk are free at the point of delivery. However, we do receive some performance marketing commissions for referring customers to energy suppliers and other websites. This means that we may receive commission or a fee if you click on a link that takes you through to a third party website or if you purchase a product from a third party website.
7.6 This Web Site and the content contained on it may not include all of the products, deals or services available in the market. Some of the listed products or services may be available at a higher or lower cost than quoted on this Web Site, and because some of the products we list are made available to us by the advertisers they may not be the best offers available in the market.
8. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Ascend Online Media Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, Ascend Online Media Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
9.2 Nothing in these terms and conditions excludes or restricts Ascend Online Media Limited liability for death or personal injury resulting from any negligence or fraud on the part of Ascend Online Media Limited.
9.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
10. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
11. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us by post to our Premises (see address above).. Such notice will be deemed received 3 days after posting if sent by first class post within the UK.
13. Law and Jurisdiction
These terms and conditions and the relationship between you and Ascend Online Media Limited shall be governed by and construed in accordance with the Law of Scotland and Ascend Online Media Limited and you agree to submit to the exclusive jurisdiction of the Courts of Scotland.