Last updated 21/06/2018

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These terms tell you the rules for using the Power Paired website (our site).

Power Paired is digital platform developed by Forum for the Future (“us”) in collaboration with Outlandish Co-operative to help Community Energy Groups to identify project opportunities. Our site is a web platform that enables asset owners to upload details about assets and/or potential project opportunities for Community Energy Groups registered with the site to search.

Some of the pages on our site are available to the general public, but the majority are only accessible by asset owners and community energy groups registered with the site (“Registered Users”). As a result, these terms contain certain provisions that apply only to Registered Users, which are set out in Part 2. Part 1 applies to all users of our site.

PART 1: RULES THAT APPLY TO ALL USERS OF OUR SITE
Who we are and how to contact us
Our Power Paired site is operated by Forum for the Future (“We”). We are a registered charity (charity number 1040519) and a company limited by guarantee registered in England and Wales under company number 2959712. Our registered office address is Overseas House, 19-23 Ironmonger Row, London, EC1V 3QN. Our VAT number is GB 186 2230 12.

To contact us, please email info@forumforthefuture.org.

By using our site you accept these terms
By using our site, you confirm that you accept these terms of use (as applicable to you) and that you agree to comply with them and with our Acceptable Use Policy, and our Privacy and Cookie Policy.

Please read these terms of use carefully before using our site. They tell you who we are, how we will provide our site content to you, our liability to you (see clause 11) and other important information. If you do not agree to these terms, you must not use our site.

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

We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date stated at the top of these terms.

We may make changes to our site
We may update and change our site from time to time to reflect changes to our site’s functionality, features and our users’ needs.

We may suspend or withdraw our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for operational reasons, or reasons related to our status as a charitable organisation. We will try to give our users reasonable notice of any suspension or withdrawal.

How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Any content available on our site to non-Registered Users is subject to the following rules:

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site;

You must not modify any 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 content on our site must always be acknowledged; and

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

The rules that apply to features and pages that are available to Registered Users are set out in paragraph 19 below.

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

Rules about linking to our site and framing
All users may link to our home page, but only in a way that is fair and legal and does not damage our reputation or take advantage of it. Our site must not be framed on any other site.

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 to our site on any website that is not owned by you.

We reserve the right to withdraw linking permission without notice and to demand, as we in our discretion think fit, to direct you to remove any links to our site, or to remove our name and/or logo, from your website.

You will comply with any such direction that we may give in relation to the placing of our name or the name of Power Paired and links to our site on your website.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. In particular, you will not link to our site or refer to us or Power Paired names and logos from any website which is indecent or inappropriate or in any other way incompatible with our reputation.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@forumforthefuture.org.

We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

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

Reliance on information on this site
The content on our site available to non-Registered Users is provided for general information only. It is not intended to amount to advice on which general public should rely and professional or specialist advice should be obtained before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information published on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.

Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are not a Registered User, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes. If you use our site in connection with your business or for other commercial use, the limitations and exclusions of liability set out in Part 2 of these terms will apply.

Which country’s laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks and trade names
You are not permitted to use our and Power Paired trademarks and trade names without our approval, unless they are part of material you are using as permitted under paragraph 6 above.

PART 2: RULES THAT APPLY TO ALL REGISTERED USERS
Registration and subscription fees
We offer a number of services available to Registered Users upon registration on our site. By submitting your registration application you represent and warrant that the information submitted by you is true and accurate to the best of your knowledge and that you are authorised to represent and bind the organisation mentioned in your registration.

We reserve the right to refuse to register a user if we, in our sole discretion, are of the opinion that an application does not meet our registration criteria.

You must keep your account details safe
If you are provided with, or set up, a password or any other piece of information as part of our security procedures during your registration, you must treat such information as confidential, and you must procure that any of your personnel authorised to use our site (“authorised personnel”) treat such information as confidential. You and/or your authorised personnel must not disclose such information to any third party.

We have the right to disable any user identification or password, whether chosen by you/your authorised personnel or allocated by us, at any time, if, in our reasonable opinion, you or your authorised personnel have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you and/or your authorised personnel know such confidential identification codes or passwords, you must promptly notify us at info@forumforthefuture.org.

The following rules apply to all features and pages on our site that are available to Registered Users only:

We grant to our Registered Users a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual licence to:

use and copy any extracts of any page(s) from our site that are made available to such Registered Users; and/or

use and, copy (without modifications) any material that is available for download to such Registered Users, solely to the extent necessary and for the purpose of using such extracts and materials in connection with that user’s use of the Power Paired site.

We grant to our Registered Users a non-exclusive, non-transferable right to permit its authorised personnel to use and access the features and pages on our site that are available to Registered Users only for the purpose of contributing to or using the Power Paired site.

You will not, and you procure that your personnel will not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these terms (or otherwise agreed by us in writing):

attempt to duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the site;

attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the site;

access all or any part of the site in order to build a product or service which competes with the site;

license, sell, rent, lease, transfer, assign, distribute, display, disclose, utilise in connection with any financing or securities offering, or otherwise commercially exploit, or otherwise make the site or any data contained on or accessed through it available to any third party except to the extent permitted by these terms and conditions.

Warranties
The Power Paired site and any and all contained on or access through it are provided on “as is” basis and we do not make any representation or warranty that they will meet your expectations. We hereby specifically disclaim all other warranties in respect of Power Paired and the content and/or data on or accessed through our site or provided to you by any Registered User of the site, including without limitation and to the maximum extent permitted by applicable law: (i) all implied warranties, including any implied warranty of fitness for a particular purpose; (ii) any warranty regarding the accuracy or completeness of data (iii) any warranty regarding the benefits to be obtained by using our site and the information obtained therefrom; and (iv) any warranty that our site will be free from errors, viruses, bugs, interruptions or other access limitations.

Confidentiality and security
You assume sole responsibility for your use of our site and you will use all reasonable security practices and systems to prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, reproduction, display, or distribution of any content published on our site.

Our responsibility for loss or damage suffered by Registered Users
If you are a Registered User:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

You assume sole responsibility for checking the accuracy and completeness of any data submitted or accessed via our site and for any results obtained from the use of our site and/or for any conclusions drawn from such use.

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

use of, or inability to use, our site; or

use of or reliance on any content displayed or accessed through our site by you, your personnel and/or any third party.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

We will take reasonable precautions to prevent any corruption, loss or breach of security of any data submitted via our site. We exclude all liability for any breach of security, corruption or loss of data that is not attributable to our default.

Any advice and suggestions published on our site are expressions of our opinions and you assume sole responsibility for your reliance on any such advice and/or suggestions.

Without prejudice to other provisions of these terms, out total liability to you for any claim shall in no circumstances exceed an amount equal to £250 paid by you in the period of 12 months immediately preceding the date of such claim.

Other terms applicable to Registered Users
We may transfer our rights and obligations under these terms to another organisation.

These terms are between you and us. No other person shall have any rights to enforce any of its terms.

These terms constitute the entire agreement between you and us.

If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Use of asset and registration data
We will use any data you upload to the Power Paired site or otherwise provide to Forum for the Future for the purpose of facilitating introductions and partnerships between asset owners and community energy groups and raising awareness of the benefits of community energy projects.

We exclude all liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your contributions to or use of the Power Paired site.

You may amend your contribution at any time. You acknowledge and agree that there may be a period of delay between your amendment of your contribution and the resulting change(s) in the relevant ratings published on our site.

All intellectual property rights in your contributions will be owned by you or your licensors. You grant to us, or shall procure for us, a perpetual, irrevocable, non-exclusive, assignable, sub-licensable, royalty-free and global licence to use your contributions and all intellectual property rights in your contributions for the purpose of facilitating.

Your representations
You must ensure that, and you confirm that:

You have obtained all necessary consents and permissions to submit your contributions to us;

Your contributions do not infringe the rights of any third party; and

You assume sole responsibility for checking the accuracy and completeness of any data submitted via our site.

We may, at our sole discretion, request to see support any data submitted by you, but we are under no obligation to verify the accuracy and completeness of your contributions and any data contained therein. If, in our reasonable opinion, we consider any contributions to be inaccurate and/or incomplete, we reserve the right to reject such contribution and request alternative data to be supplied.

Removal of data from Power Paired
You may, at any time request the removal of your profile and/or any data from our Power Paired site by contacting Natasha Clayton, our Registered Data Protection Officer at n.clayton@forumforthefuture.org and we will endeavour to comply with any such request within 7 days of receiving such a request in writing.