IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE WEBSITE AND MOBILE APP. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

Welcome to our website www.GlasgowEnergyApp.org (the “Website”). The Website is owned and made available by Integrated Environmental Solutions Limited (Company Number SC151456) of Helix Building, Kelvin Campus, West of Scotland Science Park, Glasgow, G20 0SP (referred to in these Terms and Conditions as “we” and “us” and includes our group companies including, but not limited to, IES Limited).

The Website has been created under contract to Glasgow City Council a local authority incorporated under the Local Government etc (Scotland) Act 1994 and having its head office at City Chambers, Glasgow, G2 1DU (referred to in these Terms and Conditions as “Glasgow City Council”).

These terms and conditions and any documents referred to herein form an agreement (the “Terms and Conditions”) between you, (“the end-user” or “you”) and us and sets out the conditions under which you may use the Website including to access any information, products, services and advertisements (the “Material”).

If these Terms and Conditions are not accepted in full, you do not have permission to access the Website and the Material, and therefore your access to the Website should cease immediately. Use of the Website constitutes your acceptance of these Terms and Conditions, and they apply from the time of your first use of the Website.

Terms and Conditions

Your use of the Website and the services available on the Website (the “Services”) is subject to your acceptance of these Terms and Conditions. There may be other terms and conditions detailed within the Website, which govern your use of particular services available on the Website and these will be clearly marked. Such other terms and conditions will, together with these Terms and Conditions, govern your use of the Website and the relevant service. We reserve the right to change these Terms and Conditions and any other terms and conditions contained elsewhere on the Website at any time by uploading these to the Website. Such amendments will become effective on publication. It shall be your responsibility to check the Website regularly to ensure that you agree to any such amendments. If you do not agree to any such amendments, you should stop accessing the Website and any services available through the Website.

Use of the Website and the Service

You will be entitled to free, non-exclusive access to and use of the Online Portal and Web App from the date of creation of an account until the date you have expended the six free trial simulations available (“Free Trial Period”). Upon expiry of the Free Trial Period you will no longer be entitled to access or use the Services or the results generated by your use of the Services based on the data you input into the Services (“Results”).

You undertake and warrant to us:

1. not to use the Website or the Services for any unlawful purpose;

2. not to make any use of the Website or the Services so that the Website or the Services is interrupted, damaged, rendered less efficient, or the functionality of the Website or the Services is in any way impaired;

3. not to copy, reproduce, recompile, de-compile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit or in any other way exploit any part of the Website or the Service;

4. not to use the Website or the Services for the transmission or posting of any computer viruses or any material which, could reasonably be considered as defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety to any person;

5. not to use the Website or the Services to transmit any material for the purposes of publicity, promotion and/or advertising on behalf of yourself or anyone else;

6. should you have any right, claim or action against any other person arising out of the use of the Website or the Service, you shall pursue such right, claim or action independently of, and without recourse to us;

7. not to make the Services available to third parties including your subsidiaries, group companies, sub-contractors or sub-licensees unless otherwise approved in writing by us;

8. not use the Website or the Services to provide services to third parties (including without being limited to providing any training services) unless authorised by us;

9. not to make alterations to, or modifications of, the whole or any part of the Website or the Services nor permit the Website or the Services or any part of them to be combined with, or become incorporated in, any other programs

10. not to use the Website or Services for commercial purposes.

We have the right to disable any user name or password or suspend your access to the Website, at any time, if you have failed to comply with any of the provisions of these Terms and Conditions.

No Warranty

The Website and the Material are provided to you on an “as is” and “as available” basis without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise). Specifically, we do not warrant: (1) that any functions on the Website will be uninterrupted or error free; (2) that any effects which may occur will be corrected; (3) that the Website or the server that makes it available, are free from bugs, defects or viruses; or (4) the accuracy of the Material.

You are using the Website and the Material at your own risk.

Liability

In no event shall we be liable for any loss or damage, howsoever arising, out of or in connection with your use of the Website or the Material, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss arising from use or inability to use, loss arising from any errors or omissions in the Material or in the Website as a result of breach of contract, negligence, delict or tort.

Intellectual Property Rights

The Website, including (but not limited to), artwork, data, frames, graphics, illustrations, logos, music, names, pages, photographs, service marks, software, sound, source codes, text, trademarks, video, and other material (including the Material) is protected by copyright and/or other proprietary rights (the “Intellectual Property Rights”).

The Intellectual Property Rights remain with us, or where any material has been licensed to us, with the rights owners of such material. You may not copy anything from the Website in whole or in part without our express written authority. You must abide by all additional copyright notices or restrictions contained on the Website.

You are granted a non-exclusive license to use the Results for your personal purposes or for the purposes of any commercial building you own or lease only. You may not sell or sub-license the Results for any purposes.

Privacy

If we gather any information about you then such information will be gathered and used by us in accordance with our Privacy PolicyPrivacy Policy. You acknowledge and agree that Glasgow City Council may use the Results and data you provide during your use of the Services for the purposes detailed in the Privacy PolicyPrivacy Policy. and that your data will be stored in a database. Use of the Results and data shall not identify you in anyway. You acknowledge and agree that we may process such data strictly on behalf of Glasgow City Council.

You acknowledge and agree that we may retain any building data provided by you in order to maintain the quality of the city database as a whole; however you may request in writing that any data provided by you be removed at any time by contacting us at enquiries@iesve.com.

Downloaded Material

Any Material, which is downloadable, is carefully checked for viruses before being uploaded onto the Website. However we recommend that, as an extra precaution you run your own virus check on any Material you download by opening it and/or saving it to your disk or hard drive or other storage medium. We accept no liability for any loss or damage to your systems caused by any virus or malware attached to the downloaded material.

The use by you of any software including any files and images (collectively the “Software) is licensed to you by us. We do not transfer control, ownership or any intellectual property rights in the Software to you.

Downloading by you of any Material (“Downloaded Material”) is permitted by us provided only that: (1) You do not download on to any in order to share the material; (2) you make no more than one printed copy of it and no further copies of such printed copies are made; (3) you make only personal, use of it and/or printed copy unless otherwise authorised by us; and (4) you retain on it and/or printed copy or any part thereof, all copyright and other proprietary notices and shall remain bound by the terms of such wording and notices; (5) you do not offer any Downloaded Material for sale or for distribution.

No part of the Website may be used to construct a database of any kind, nor may the Website or any part of it be stored in databases for access by you or any person, unless you or such other person, have obtained our prior written consent.

Indemnity

You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Website.

Links to other Websites

Links are only permitted to the Home Page of the Website. You must not make the Website or any part of it available as part of another website, whether by hyperlink framing on the Internet or otherwise. You must not make the Website or any part of it appear on any other website as having a special relationship with that or any other website(s).

The Website may contain links (the “Links”) to websites operated by parties other than us (“Third Party Websites”). We do not control Third Party Websites, and are not responsible for their content. The inclusion of the Links does not imply any endorsement of the material on Third Party Websites, or any association with their operators. You are solely responsible for evaluating the integrity of the operators of any Third Party Websites; the accuracy and completeness of any information contained on them, and the value and authenticity of any goods or services offered through them.

Exclusion of Liability in Relation to Third Party Websites

We accept no liability with respect to any of the products, information, material or services offered or provided by any persons or other organisations listed on, or linked to, the Website, nor do we endorse any of them or any of their products or services. Should you decide to contract with any such person or organisation, the contract will be directly between you and that other party. We will have no contractual involvement, and will not be liable to you in contract or otherwise for any losses or damages that you suffer in relation to and as a result of products, information, materials or services provided to you by any of these organisations.

Severability

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that Term or Condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remainder of the Terms and Conditions shall survive, remain in full force and effect, and shall continue to be binding and enforceable.

Waiver

No waiver by us of any breach by you of any of these Terms and Conditions shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.

Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Scots law. All disputes arising from them shall be submitted to the exclusive jurisdiction of the Scottish courts. If you have any queries about these Terms and Conditions, you may contact us by emailing enquiries@iesve.com

Legal Information – Integrated Environmental Solutions Limited

Registered in Scotland No: SC151456

Registered Address:Helix Building, Kelvin Campus, West of Scotland Science Park, Glasgow, G20 0SP. VAT Registration No: GB652 3186 44