These terms and conditions (the Terms) govern the use of the EnTrade website (the Site).
By using the Site, you agree to these Terms. We may amend the Terms from time to time and if you continue to use the Site, you will be taken to have agreed to any changes.
1 About us
1.1 EnTrade is a trading name of Wessex Water Enterprises Limited, company registration number 02279151 and registered office address The Operations Centre, Claverton Down Road, Claverton Down, Bath BA2 7WW.
1.2 In these terms and conditions, we, us and our means EnTrade. You means the user of the Site.
2 About our Site
2.1 We are the official provider of the EnTrade Site. We work with utilities and other organisations (Auction Operators) to support them in operating auctions for services they require and as a user, you can participate in such auctions.
2.2 Any information regarding auctions will be the responsibility of the Auction Operator. If you are successful in an auction you may be invited to enter into a contract with the Auction Operator. EnTrade accepts no liability or responsibility in respect of the contract you may or may not enter into with the Auction Operator and EnTrade does not accept any liability in respect of the operation of the auction by the Auction Operator.
2.3 Our Site is made available free of charge. We do not guarantee that the Site, or any content contained on the Site, will always be available, uninterrupted or error-free. We may suspend, withdraw or restrict the availability of all or part of the Site at our discretion.
2.4 We may change the content of the Site at any time. We do not guarantee that any content is accurate, complete or up-to-date. The information available through the Site is not intended to be advice on which you should rely.
2.5 We do not guarantee that the content of the Site is free from viruses or other malicious code.
2.6 The Site is intended for users in the UK only and we do not guarantee that content is appropriate for use or available in any other locations.
2.7 We give no other warranties, conditions, undertakings or representations in connection with the use of, or inability to use, the Site.
3 Your Account
3.1 You will need to set up an account to use the Site and to participate in an auction run by an Auction Operator. To do this you will need to provide us and the Auction Operator with information through the registration process on the Site. You will also need to choose a password and you are responsible for keeping this secure.
3.3 We reserve the right to suspend or terminate your account at any time without notice.
4 Third party content
4.1 The Site may contain material which originates from third parties, such as advertisements. The relevant third parties, and not us, will be responsible for making sure that such material complies with applicable laws and regulations.
4.2 The Site may also contain hyperlinks to third party websites. This does not mean that we endorse those websites or their content. We are not responsible for the content of those websites and they will be governed by their own terms and conditions. These websites are not under our control and we accept no responsibility for them.
5 Your responsibilities
5.1 You must only use the Site lawfully and responsibly. You must not:
5.1.1 use the Site for any fraudulent or illegal purposes;
5.1.2 do anything that might affect the operation or security of the Site;
5.1.3 illegally transmit, distribute or store any materials through the Site, including (but not limited to), materials that violate someone else's intellectual property rights or anything that is defamatory or offensive; or
5.1.4 transmit or upload any material which contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful or malicious programs or code.
5.2 You are responsible for making sure that your computer and internet connection are secure.
6 Intellectual Property
6.1 All intellectual property rights in the Site, and in its content, belong to us and/or our licensors. You can print, or store electronically, individual pages of the content for the purposes of using the Site, but you must not make any additional copies or use the content for any other purposes.
6.2 The name and logo of EnTrade is a registered trademark. You may not use or reproduce these for any reason.
6.3 You must not use any of the content of the Site for any purposes not allowed by these Terms without our consent.
6.4 You can link to the homepage of the Site as long as you do this in a way that is fair and legal and does not damage or take advantage of our reputation. You must not link to the Site if this would suggest association or endorsement by us where none exists.
6.5 You must not frame our Site on any other website or link to any page other than the homepage.
7 Our liability
7.1 We do not exclude or limit our liability to you where it would be unlawful to do so.
7.2 We will only be liable to you for any loss or damage, whether in contract, tort, breach of statutory duty or otherwise, where such loss or damage arises directly from our breach of these Terms or our negligence and where such loss or damage was obvious to you and us at the time of entering into these Terms. If you use the Site for business purposes, we will not be liable to you for any loss of profits, loss of business, loss of sales, loss of revenue, loss of anticipated savings, loss of business opportunity or goodwill, any business interruption or any indirect or consequential loss or damage.
7.3 We will not be liable for any failure to perform, or delay in performing, these Terms due to circumstances outside our control.
7.4 Our total, aggregate liability to you under or in connection with these Terms shall be limited to an amount equal to £1,000.
7.5 Please note that the limitations and exclusions of liability in this clause are specific to the use of the Site.
8.1 If you breach these Terms, we may withdraw your access to the Site without notice.
9 Governing law and disputes
9.1 These Terms are governed by the law of England and Wales. The courts of England and Wales will have exclusive jurisdiction in relation to any disputes or claims (including non-contractual disputes of claims) arising in connection with the Terms. If you are a consumer resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer resident in Scotland, you may also bring proceedings in Scotland.
10.1 You may not assign, sub-license or otherwise transfer your rights under the Terms
10.2 If any provision of these Terms is found to be unlawful, void or unenforceable, this shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force.
10.3 A failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
10.4 We reserve the right to modify, add to or change the Terms at any time. Any changes will be effective as soon as they are posted on our Website. If you continue to use the Website you will be deemed to have accepted the changes.
10.5 If you have any complaints or issues in respect of the operation of an auction then you should contact the Auction Operator directly.