TERMS OF USE

TERMS OF USE FOR WEB PAGES EMANATING FROM URL ensims.com

This page (together with the documents referred to on it) tells you the terms of use on which you may make use our web pages emanating from URL ensims.com (“ENSIMS Pages”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the ENSIMS Pages. By using our ENSIMS Pages, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our ENSIMS Pages.



INFORMATION ABOUT US

The ENSIMS Pages are part of a website operated by Energy Simulation Solutions Ltd (“we”, “us” and “our”). We have our primary place of business at 16 Roselea, Impington, Cambridge CB24 9LB, United Kingdom. Our VAT number is 163286696.

ACCESSING OUR ENSIMS PAGES

Access to our ENSIMS Pages is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our ENSIMS Pages without notice (see below). We will not be liable if for any reason our ENSIMS Pages are unavailable at any time or for any period.

Access to some parts of our ENSIMS Pages is restricted to users who have registered with us. If you wish to register, please click here. Please ensure you check your completed registration form carefully and correct any errors before submitting it. Once you have submitted your registration form, you will be sent an email containing a link to set a password for your account. This password-protected account allows you access to the restricted parts of the ENSIMS Pages.

At the moment, access to certain ENSIMS Web Service, for example, the JESS Service, is by invitation only. You can request access to our ENSIMS Web Service, in which case we will consider your request and send you an invitation at our sole discretion. If we would like you to trial our ENSIMS Web Service, we will send you an invitation to trial our ENSIMS Web Service by email enclosing a user name and password. Even though we would have sent you a user name and password, you will need to accept our ENSIMS Web Service terms and conditions before you can access the ENSIMS Web Service.

You must treat any password as confidential, and you must not disclose it to any third party. We have the right to disable any password at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. When using our ENSIMS Pages, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to our ENSIMS Pages. You are also responsible for ensuring that all persons who access our ENSIMS Pages through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our ENSIMS Pages, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our ENSIMS Pages for your personal reference and you may draw the attention of others within your organisation to material posted on our ENSIMS Pages. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our ENSIMS Pages must always be acknowledged.

You must not use any part of the materials on our ENSIMS Pages for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our ENSIMS Pages in breach of these terms of use, your right to use our ENSIMS Pages will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our ENSIMS Pages are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our ENSIMS Pages, or by anyone who may be informed of any of its contents.

OUR ENSIMS PAGES CHANGE REGULARLY

We aim to update our ENSIMS Pages regularly, and may change the content at any time. If the need arises, we may suspend access to our ENSIMS Pages, or close remove indefinitely. Any of the material on our ENSIMS Pages may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our ENSIMS Pages is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group and third parties connected to us hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our ENSIMS Pages or in connection with the use, inability to use, or results of the use of our ENSIMS Pages, the remainder of our website at ensims.com, any websites linked to it and any materials posted on it, including:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR ENSIMS PAGES

We process information about you in accordance with our Privacy Policy. By using our ENSIMS Pages, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR ENSIMS PAGES

Contracts for access to any service and apps (such as our JESS, JEA, and JBODY Service and Apps) we offer through our ENSIMS Pages or as a result of visits made by you are governed by our terms and conditions.

UPLOADING MATERIAL TO OUR ENSIMS PAGES

Whenever you make use of a feature that allows you to upload material to our ENSIMS Pages, or to make contact with other users of our ENSIMS Pages, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our ENSIMS Pages will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our ENSIMS Pages constitutes a breach of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our ENSIMS Pages.

We have the right to remove any material or posting you make on our ENSIMS Pages if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our ENSIMS Pages by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our ENSIMS Pages, the server on which our ENSIMS Pages are stored or any server, computer or database connected to our ENSIMS Pages. You must not attack our ENSIMS Pages via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our ENSIMS Pages will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our ENSIMS Pages or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR ENSIMS PAGES

You may link to our home page at www.ensims.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our ENSIMS Pages must not be framed on any other site, nor may you create a link to any part of our ENSIMS Pages other than the home page at www.ensims.com. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our ENSIMS Pages other than that set out above, please address your request to info@ensims.com.

Where our ENSIMS Pages contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our ENSIMS Pages although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our ENSIMS Pages.

YOUR CONCERNS

If you have any concerns about material which appears on our ENSIMS Pages, please contact info@ensims.com. Thank you for visiting our ENSIMS Pages.

ACCEPTABLE USE POLICY

ACCEPTABLE USE POLICY FOR WEB PAGES EMANATING FROM URL ensims.com

This acceptable use policy sets out the terms between you and us under which you may access our web pages emanating from url ensims.com (“ENSIMS Pages”). This acceptable use policy applies to all users of, and visitors to, our ENSIMS Pages.

Your use of our ENSIMS Pages means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our TERMS OF USE.

The ENSIMS Pages are part of a website operated by Energy Simulation Solutions Ltd (“we”, “us” and “our”). We have our primary place of business at 16 Roselea, Impington, Cambridge CB24 9LB, United Kingdom. Our VAT number is 163286696.



PROHIBITED USES

You may use our ENSIMS Pages only for lawful purposes. You may not use our ENSIMS Pages:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our ENSIMS Pages in contravention of the provisions of our terms of website use (TERMS OF USE);
  • not to access without authority, interfere with, damage or disrupt:
  • any part of our ENSIMS Pages;
  • any equipment or network on which our ENSIMS Pages are stored;
  • any software used in the provision of our ENSIMS Pages; or
  • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide a discussion board service on our ENSIMS Pages.

Where we do provide any discussion board service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). However, we are under no obligation to oversee, monitor or moderate any discussion board service we provide on our ENSIMS Pages, and we expressly exclude our liability for any loss or damage arising from the use of any discussion board service by a user in contravention of our content standards, whether the service is moderated or not.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our ENSIMS Pages (“contribution”), and to any discussion board service associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Each Contribution must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

A Contribution must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our ENSIMS Pages. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the TERMS OF USE upon which you are permitted to use our ENSIMS Pages, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our ENSIMS Pages (or our ENSIMS Web Service);
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our ENSIMS Pages;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our ENSIMS Pages.

PRIVACY POLICY

PRIVACY POLICY RELATING TO THE ENSIMS PAGES AND ENSIMS WEB SERVICE


Energy Simulation Solutions Ltd (“we”, “us” and “our”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you in relation to your use of our web pages emanating from url ensims.com (“ENSIMS Pages”) and the ENSIMS Web Service will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Energy Simulation Solutions Ltd, 16 Roselea, Impington, Cambridge, CB24 9LB, UK.



INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

  • information that you provide by filling in forms on the ENSIMS Pages. This includes information provided at the time of registering to access restricted sections of ENSIMS Pages, posting material or requesting further services. We may also ask you for information when you report a problem with our ENSIMS Pages;
  • if you contact us, we may keep a record of that correspondence;
  • we may also ask you to complete surveys about the look, feel, usability and performance of the ENSIMS Web Service and ENSIMS Pages to help us further develop them, although you do not have to respond to them; and
  • Each time you access the ENSIMS Web Service, your IP address (see below), your user name and the Host Name of your local computer on which you use the client software to access the ENSIMS Web Service will be recorded by our server automatically, along with time of access.

IP ADDRESSES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration purposes. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

COOKIES

Our ENSIMS Pages uses cookies. For information on the cookies we use and the purposes for which we use them see our Cookie policy

WHERE WE STORE YOUR PERSONAL DATA

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our ENSIMS Pages, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our ENSIMS Pages; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

  • to provide you with information or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
  • to carry out our obligations arising from any contracts entered into between you and us; and
  • to allow you to participate in interactive features of our service, when you choose to do so.

We may also use your data to provide you with information about improvements to our ENSIMS Web Service and ENSIMS Pages generally which may be of interest to you.

If you do not want us to use your data in this way please tick the relevant box situated on the form on which we collect your data.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means any of our subsidiary undertakings (as defined in section 1162, Companies Act 2006).

We may disclose your personal information to third parties:

  • in the event that we sell or buy any business or assets (including the intellectual property comprised in the ENSIMS Web Service and ENSIMS Pages), in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; and
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our TERMS OF USE or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Energy Simulation Solutions Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

THIRD PARTY SITES

Our ENSIMS Pages may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@ensims.com.

Cookies

Cookies are small text files placed on your device by websites you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

This page describes the types of cookies and how they are (or not) used on our website.



Mandatory cookies

These cookies are essential for us to run our website successfully, so we do not provide you with an option to opt out of these; they are an important part of providing you with an effective service. By visiting our website you consent to us creating and retrieving these cookies.

With most web browsers it is possible to configure your internet browser so that it can disable cookies entirely. How you do this will depend on the internet browser you use; however it will result in our website not operating correctly.

System cookies

These cookies are created each time you visit ensims.com and are automatically deleted when you leave our website and close your browser. They help with the smooth operation of the website. They also make sure that any selections you make during each browsing session are remembered. The website simply wouldn't work without these.

Identification cookies

These cookies help us remember who you are when you come back to visit us, improve our customer support to you and allow you to access your favourite journeys through our website.

Cookies to track your cookie preferences

If you express preferences about whether or not to receive certain types of cookies, we’ll use a cookie to store this preference.

Web analytics cookies / marketing effectiveness cookies

These cookies allow us to understand general customer behaviour on ensims.com; such as which bits of our website customers use, where they exit the site and, if anything goes wrong, where it happens; helping us to make our website better.

We also track how customers find our website, for example which search engine was used or which online adverts were clicked on before visiting us, helping us understand our marketing effectiveness.

Data is anonymised and aggregated so we can monitor trends and count visitors rather than tracking individual visitors. They have no impact on what you see on the website and do not store or track any of your personal data.

Cookies for personalising your experience on ensims.com

These cookies allow us to understand the way you specifically use our website and tailor your experience on ensims.com. For example, by understanding the searches and selections you make on our website, we may be able to show you pages that are more relevant to you. If you have searched for a particular course on our site we may show you related courses.

Cookies for optimising our web content

We sometimes may wish to test a change or new feature on the site to see if it is effective before rolling it out to all of our users. Cookies allow a random sample of site visitors to see it one way, and a different group another, and ensure you consistently get the same visit on repeat visits.

Controlling and deleting cookies

If you wish to restrict or block the cookies which are set by our website, you can do this through your device's internet browser settings. Guidance and advice on managing cookies.