Terms

Welcome to www.newenergy21.co.uk owned and made available by Whole Balance Lltd, 27 Hatchlands Rd, Redhill RH1 6RW referred to in these Terms of Use as “we” and “us”). The Terms of Use form part of an agreement between you, the end-user, and ourselves and sets out the conditions under which you may access the information, products, services and advertisements (the “Material”) available through the Site. By accessing, viewing or using the Material on the Site you have indicated to us that you both understand and agree to be bound by these Terms of Use.

There may be other Terms and Conditions within areas of the Site which relate to your use of such areas, such Terms and Conditions will, together with these Terms of Use, govern your use of the Site.

We reserve the right to change these Terms of Use and any other Terms and Conditions contained elsewhere on the Site at any time. It shall be your responsibility to check the Terms of Use / Terms and Conditions regularly to ensure that you agree to any such amendments. If you do not agree to any changes which we have made, you should stop accessing the Site immediately.

The Site is provided on an “as is” and “as available” basis and in particular we do not warrant that:

• the Site will continue to be available to you in either its current format or from its current domain name;
• the Site or any software available from the Site will be free from viruses or defects;
• the Material contained on the Site will be true, accurate or complete in all respects,

except always to the extent otherwise set out in the Terms and Conditions / Terms of Use and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).

We shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Site, or your inability to use the Site.

All our downloadable material is carefully checked for viruses before being uploaded onto the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.

You undertake:

• not to use the Material for any unlawful purpose;
• that you shall not make any use of the Site so that the Site is interrupted, damaged, rendered less efficient, or the functionality of the Site is in any way impaired; in particular that you shall not run any automated scripts on any part of the site without our express authorisation.
• not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
• not to use the Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
• that you shall not use the Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and
• that in the event that you may have any right, claim or action against any other user arising out of the use of the Site you shall pursue such right, claim or action independently of, and without recourse to, us.
• that 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 of Use or any use of the Material or the Site.

We shall have the right to immediately suspend your access to the Site if you commit a breach of these Terms of Use.

The design, images and content of the Site are, unless otherwise stated, our property or our licensors’ property.

We provide Material on the Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the Site, unless it is for the personal use of a third party.

No part of the Site can be reproduced on, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third party’s web site without our prior written consent.

Any web sites to which you link through the Site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the Site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such web sites.

We accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, this Site, nor do we endorse any of those organisations or any of their products or services. Should you decide to contract with any of these organisations, the contract will be directly between you and the relevant organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations.

Please note that, although these organisations have attempted to ensure that any information or prices provided through the Site are as accurate as possible, they are not legally binding in any way.

Scots law shall govern these Terms of Use and any matter relating to the Site and the Scottish courts shall have non-exclusive jurisdiction in respect of them.

If you are uncertain about anything contained in these Terms of Use, you can contact us via the Contact page.