Terms and Conditions

Advance Further Energy Ltd – Terms of Use

                These Terms of Use set out the terms under which you may use this website “Site” and accompanying online Calculator “Solar Home Calculator”.  Please read these Terms of Use carefully and ensure that you understand them.  It will be deemed that you agree to comply with and be bound by these Terms of Use upon your first use of our Site and Calculator.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using our Site and Calculator immediately.

  1. Definitions and Interpretation
    1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

                “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and

                “We/Us/Our” means Advance Further Energy Ltd, a company registered in England and Wales under company number 10679295 whose registered address is at 14 Park Crescent, Retford, United Kingdom, DN22 6UF.

  • Access to Our Site
    • Our Site has been made available free of charge for the use of anyone wishing to estimate the impact of solar, battery storage and other low carbon technology on domestic energy and carbon emissions.
    • Our Calculator has been made available free of charge unless stated otherwise for the use of anyone wishing to estimate the impact of solar, battery storage and other low carbon technology on domestic energy and carbon emissions.
    • Our Site and Calculator have been tested successfully using a wide range of data and open source modelling and conforms to Microgeneration Certification Scheme (MCS) Installer Standard MIS-3012 and MCS Guidance Note MGD-003. The software that performs the calculations is relatively complex. Certain factors including but not limited to customer behaviour and weather for example can provide an inherent uncertainty. Further, generic assumptions have been made on factors such as technology efficiency which may alter the performance of specific devices.
    • This means that despite extensive testing, calculations provided may be incorrect therefore our Calculator must be used at your own risk.
    • It is your responsibility to make any and all arrangements necessary in order to access our Site and use our Calculator.
    • Access to our Site is free of charge.  Access is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period.
    • Access to our Calculator is free of charge unless stated otherwise.  Access is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue our Calculator (or any part of it) at any time and without notice.  We will not be liable to you in any way if our Site or Calculator (or any part therein) is unavailable at any time or for any period.
    • Any bugs that are reported will be investigated and logged, and then fixed where possible. Over time users may gain confidence in the availability, reliability and accuracy of our Site, but these are not guaranteed.
    • We shall have the right to make any changes to our calculation methodology which are necessary to comply with any applicable law or safety requirement or as and when required, to meet the changing needs of our clients or which do not materially affect the nature or quality of the estimations.
  • Intellectual Property Rights
    • All Content included on our Site and Calculator and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us.  All Content is protected by applicable intellectual property laws.
    • Subject to clause 3.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Site or Calculator unless we give you express written permission to do so.
    • You may:
      • Access, view and use our Site and Calculator in a web browser (including any web browsing capability built into other types of software or app);
      • Download our Site and Calculator (or any part of it) for caching;
      • Print pages from our Site and Calculator;
      • Download extracts from pages on our Site and Calculator; and
      • Save pages from our Site and Calculator for later and/or offline viewing.
    • You must always acknowledge our status as the owner and author of the Content on our Site and Calculator (or that of identified licensors, as appropriate).
    • You may not use any Content saved or downloaded from our Site or Calculator for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of our Site or Calculator for general information purposes, whether by business users or consumers.
  • Links to Our Site or Calculator
    • You may link to our Site or Calculator provided that:
      • You do so in a fair and legal manner;
      • You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
      • You do not use any logos or trade marks displayed on our Site or Calculator without our express written permission; and
      • You do not do so in a way that is intended to damage our reputation or to take unfair advantage of it.
    • Framing or embedding of our Site or Calculator on other websites is not permitted without our express written permission.
    • You may not link to our Site or Calculator from any other site, the main content of which contains material that:
      • is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory towards, any person or group of people;
      • is intended or is otherwise likely to threaten, harass, annoy, inconvenience, upset or embarrass another person;
      • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
      • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • The restrictions in clause 4.3 do not apply to content submitted to sites by other users, provided that the primary purpose of the site meets with the provisions of clause 4.3.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
  • Links to Other Sites

                Links to other sites may be included on our Site.  Unless expressly stated, these sites are not under our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

  • Disclaimers
    • Nothing on our Site or Calculator constitutes advice on which you should rely.  It is provided for general information purposes only in order to enable you to select which product or service is most suitable for your requirements.
    • Insofar as is permitted by law, we make no representation, warranty or guarantee that our Site or Calculator will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    • We make reasonable efforts to ensure that the Content on our Site and Calculator is complete, accurate and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that this will be the case.
    • Nothing on our Site or Calculator constitutes an offer by us or any third party to sell you any product or service referenced in any Content on our Site or Calculator.
  • Viruses, Malware and Security
    • We exercise all reasonable skill and care to ensure that our Site and Calculator is secure and free from viruses and other malware.
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
    • You must not deliberately introduce viruses, malware or any other material which is malicious or technologically harmful either to or via our Site or Calculator.
    • You must not attempt to gain unauthorised access to any part of our Site or Calculator, the server on which our Site and Calculator is stored, or any other server, computer or database connected to our Site or Calculator.
    • You must not attack our Site or Calculator by means of a denial of service attack, a distributed denial of service attack or by any other means.
    • By breaching the provisions of clauses 7.3 to 7.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them.  Your right to use our Site or Calculator will cease immediately in the event of such a breach.
  • Acceptable Usage Policy
    • You may only use our Site or Calculator in a manner that is lawful.  Specifically:
      • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      • you must not use our Site or Calculator in any way, or for any purpose, that is unlawful or fraudulent;
      • you must not use our Site or Calculator to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
      • you must not use our Site or Calculator in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • We reserve the right to suspend or terminate your access to our Site and Calculator if you materially breach the provisions of this clause 8 or any of the other provisions of these Terms of Use.  Specifically, we may take one or more of the following actions:
      • suspend, whether temporarily or permanently, your right to access our Site or Calculator;
      • issue you with a written warning;
      • take legal proceedings against you for reimbursement of any and all relevant costs incurred as a result of your breach;
      • take further legal action against you as appropriate;
      • disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
      • any other actions which we deem reasonably appropriate (and lawful).
  • Our Liability
    • To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site or Calculator.
    • To the fullest extent permissible by law, we exclude all representations, warranties and guarantees (whether express or implied) that may apply to our Site and Calculator or any Content included on our Site or Calculator.
    • If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • We exercise all reasonable skill and care to ensure that our Site and Calculator is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site or Calculator (including the downloading of any Content from it) or any other site referred to on our Site or Calculator.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site and Calculator resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, legal restrictions or censorship.
    • Nothing in these Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
    • If you are a consumer visiting our Site or Calculator, please contact your local Citizens’ Advice Bureau or Trading Standards Office for full details of your legal rights, including those relating to digital content.
  1. Privacy and Cookies

                Use of our Site and Calculator is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.

  1. Changes to these Terms of Use

We may alter these Website Terms of Use at any time.  Any such changes will become binding on you upon your first use of our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

  1. Contacting Us

                To contact us, please email us or use any of the methods provided on our contact page.

  1. Law and Jurisdiction
    1. These Website Terms of Use, and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with the laws of England & Wales.
    1. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 13.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    1. If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of Use, or the relationship between you and us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.
    1. If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters arising from them or associated with them (whether contractual or otherwise) will be subject to the exclusive jurisdiction of the courts of England and Wales.

Solar Home Calculator

© Advance Further Energy Ltd, 2020

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