Local Homes Portal Terms of Use

Terms & Conditions

These terms and conditions (together with the documents referred to in it) tell you the terms on which you may make use of the Local Homes Portal available through www.energysavingtrust.org.uk (the Portal).

Please read these terms and conditions carefully before you start to use the Portal, as these will apply to your use of the Portal.

By using the Portal, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use the Portal.

1       Information About Us

1.1    The Portal is operated by The Energy Saving Trust Limited ("We"). We are a company registered in England and Wales with company registration number 02622374 and having our registered office at 30, North Colonnade, Canary Wharf, London, United Kingdom, E14 5GP.

2       Changes to these Terms

2.1    We may revise these terms and conditions at any time by amending this page.

2.2    We may email you to inform you of any changes we make to these terms and conditions, but please check this page from time to time to take notice of any changes, as they are binding on you and by continuing to use the Portal you confirm that you agree to any changes.

3       Changes to the Portal

3.1    We may update the Portal from time to time, and may change the content at any time. However, please note that any of the content on the Portal may be out of date at any given time, and we are under no obligation to update it.

4       Registration and Approval

4.1    Before using the Portal, you must register for access through the Portal.

4.2    We are not obliged to accept applications for registration and we reserve the right to refuse any application for any reason.

4.3    We have the right to disable any account or suspend or remove access at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms and conditions.

5       Accessing the Portal

5.1    The Portal is made available free of charge. We do not guarantee that the Portal, or any content on it, will always be available or be uninterrupted. Access to the Portal is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Portal without notice. We will not be liable to you if for any reason the Portal is unavailable at any time or for any period.

5.2    You are responsible for making all arrangements necessary for you to have access to the Portal.

5.3    You are also responsible for ensuring that all persons who access the Portal through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.

5.4    The Portal is directed at and intended to be used by businesses based in the United Kingdom. We do not represent that content available on or through the Portal is appropriate or available in other locations. We may limit the availability of the Portal or any service or product described on the Portal to any person or geographic area at any time. If you choose to access the Portal from outside the United Kingdom, you do so at your own risk.

6       Intellectual Property Rights

6.1    We either own or have the right to use all intellectual property rights in the Portal, and in the material and information published on it.

6.2    You may not copy, shareor re-sell any part of the Portal or the content on it, or print out any copies of any of the information on the Portal for the purposes of copying, sharing or re-selling.

6.3    If you print off, copy or download or otherwise use any part of the Portal or the content or information on it in breach of these terms and conditions, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7       Use of Information

7.1    The information made available through the Portal may only be used in accordance with:

7.1.1   these terms and conditions;

7.1.2  the purposes and conditions set out at Schedule 1 of the Energy Performance of Buildings (Scotland) Regulations 2015 as amended from time to time; and

7.1.3  any other applicable laws, regulations, codes of practice and guidance, in particular the UK General Data Protection Regulation and the Data Protection Act 2018 (DPA 2018) and any associated legislation

7.1.4  any direct marketing must be carried out in accordance with the DPA 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any amendments.

7.2    You may not use any information or content obtained through the Portal:

7.2.1   for any illegal or immoral purpose;

7.2.2  in any way that breaches any applicable local, national or international law or regulation;

7.2.3  in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

7.2.4  for the purpose of harming or attempting to harm minors or other vulnerable individuals in any ways;

7.2.5  to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

7.2.6  for the purposes of mis-selling any products or services to any person;

7.2.7  in any way that is likely to harass, upset, embarrass, alarm or annoy any other person;

7.2.8  in any way that may be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety; or

7.2.9  in any way that suggests an association with or endorsement by us.

7.3    We accept no liability for any loss caused to you or to any third party as a result of your use of the information available on the Portal.

8       No Reliance on Information

8.1    The information available through the Portal is provided to us via a number of different sources and we make no representations, warranties or guarantees, whether express or implied, that any such information is accurate, complete, up-to-date or free from errors or omissions.

8.2    The information on the Portal is provided for general information only and is not intended to amount to advice on which you should rely, including but not limited to for the purpose of making commercial decisions regarding particular products that you offer. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Portal. We will not be responsible for any loss you suffer as a result of reliance on any information obtained via the Portal.

9       Limitation of our Liability

9.1    Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scots law.

9.2    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Portal or any content on it, whether express or implied.

9.3    We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

9.3.1   use of, or inability to use, the Portal; or

9.3.2  use of or reliance on any content displayed on the Portal.

9.4    We will not be liable for:

9.4.1   loss of profits, sales, business, or revenue;

9.4.2  business interruption;

9.4.3  loss of anticipated savings;

9.4.4  loss of business opportunity, goodwill or reputation; or

9.4.5  any indirect or consequential loss or damage.

9.5     We will not be liable for any loss or damage caused by a virus, distributed denial-ofservice attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal or to your downloading of any content on it, or on any website linked to it.

9.6     We assume no responsibility for the content of websites linked on the Portal. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10       Indemnity

10.1     You agree to indemnify us against any and all costs, expenses, liabilities, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) arising out of or in connection with any breach by you of these terms and conditions, the enforcement of these terms and conditions and any misuse by you of the Portal or the information available on the Portal.

11       Termination

11.1     You may cancel your account with us at any time by emailing localhomesportal@est.org.uk.

11.2     We may terminate this contract, cancel your account, suspend or remove your access to the Portal or cease providing the Portal at any time without notice to you and without liability if we reasonably consider that you have breached these terms and conditions or if we are prevented from providing the Portal for any reason.

12       Viruses

12.1     We do not guarantee that the Portal will be secure or free from bugs or viruses.

12.2     You are responsible for configuring your information technology, computer programmes and platform in order to access the Portal. You should use your own virus protection software.

12.3     You must not misuse the Portal 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 the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal 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 the Portal will cease immediately.

13       Linking to the Portal Local Homes

13.1     You may not link to the Portal on any external website or frame the Portal without our written permission.

14       Third Party Links and Resources in the Portal

14.1     Where the Portal contains links to other sites and resources provided by third parties, these links are provided for your information only.

14.2    We have no control over the contents of those sites or resources.

15       Privacy Policy

15.1     These terms and conditions refer to and incorporate our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Portal, you consent to such processing and you warrant that all data provided by you is valid, accurate, complete and up-to-date.

16       Applicable Law

16.1     These terms and conditions, their subject matter and their formation (and any noncontractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

17       Contact Us

17.1     To contact us, please email localhomesportal@est.org.uk.

17.2     Thank you for using the Portal.