Issue Date : August 2013

IMPORTANT LEGAL NOTICE
Nothing in this legal notice affects your statutory rights

ATTENTION:     This legal notice applies to the entire contents of the Website under the domain names https://edv.imserv.com (the “Website”). Please read this legal notice carefully before using the Website. Using the Website indicates that you accept the terms and conditions in this legal notice regardless of whether or not you choose to register with us. If you do not accept the terms and conditions in this legal notice, do not use the Website. This legal notice is issued by IMServ Europe Limited ("Company" or "We/Us/Our".)

1           THE WEBSITE AND OTHER APPLICABLE TERMS

1.1       This legal notice refers to the following additional terms, which also apply to your use of the Website:

·       Our Privacy Policy set out below sets out the terms on which we process personal data we collect from you. By using our Website you consent to such processing.

·       Our Cookie Policy set out below sets out information about the cookies on the Website.

1.2       The Company may revise this legal notice at any time by updating this posting. You should check this legal notice each time you log in, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2           INFORMATION ABOUT US

2.1       The Website is operated by IMServ Europe Limited (Company Number 2749624). Our main trading address is Scorpio, Rockingham Drive, Linford Wood, Milton Keynes, MK14 6LY. Our VAT number is 242338087.

3           LICENCE

3.1       You are granted a non-exclusive, non-transferable, limited licence to access the Website and print and download extracts (including, without limitation, data and reports) from the Website for your own use, within your business or organisation, and for no other commercial purposes subject to terms and conditions of this legal notice.

3.2       In relation to your use of the Website and any extracts (including, without limitation, data and reports) of the Website you agree that:

            a)       no documents or related graphics on the Website, or retrieved from the Website, are modified in any way;
            b)       no graphics on the Website are used separately from the corresponding text; and
            c)       the Company’s copyright and trade mark notices appear on all copies of any documents, extracts or reports made.  

3.3       Unless otherwise stated, the copyright and other intellectual property rights in the Website and in all material on the Website (including, without limitation, photographs, graphical images, reports and any calculations) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts (including, without limitation, any reports) from the Website other than in accordance with the terms and conditions in this legal notice is prohibited. If you breach any of the terms and conditions in this legal notice, your permission to use the Website and your access to the Website will automatically terminate and you must immediately destroy any downloaded or printed extracts from the Website.  

3.4       Subject to clause 3.1 and 3.2, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.  

3.5       Any rights not expressly granted in these terms are reserved.  

4           ACCESS TO THE WEBSITE

4.1       To enable you to access the Website, you will be provided with a username and password which are for a single user only.
 
4.2       Any username and password issued by us (or any other entity who is entitled by us to issue a username or password) to you is personal and confidential to you.

4.3       We do not permit you to share your username or password with any other person. Responsibility for the security of any passwords issued rests with you. If we suspect that any username or password is being used by an unauthorised user or a different authorised user than the person to whom it was issued, that username and password may be cancelled and your right to access the Website terminated.  

4.4       We may require you to change your password from time to time and shall notify you accordingly.  

4.5       While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable to you if for any reason the Website is unavailable at any time or for any period.  

4.6       Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4.7       We may update our Website from time to time, and may change the content at any time. The materials on the Website may be out of date and we make no commitment to update such material.   

5           VISITOR MATERIAL AND CONDUCT

5.1       Other than personally identifiable information, which is covered under our Privacy Policy below, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.  

5.2       You may only use the Website for lawful purposes. You may not use our Website in any manner which infringes any law or regulation or the rights of any third party, nor will you authorise any other person to do so.

5.3      You are prohibited from posting, uploading or transmitting to or from the Website any material and/or content:

            a)       that, in the opinion of us, is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, fraudulent or which may cause annoyance or inconvenience; or

            b)       that you do not own the copyright for or for which you have not obtained all necessary licences and/or approvals (including, but not limited to; music files, mp3’s, video files, movies, games, (including mods, patches and add-ons) software and shareware); or

            c)       which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary any applicable local, national or international law or regulation; or

            d)       which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious code or harmful data).

5.4      You must not:
            a)       misuse the Website (including, without limitation, by hacking) by employing programmes that consume excessive system resources, including, but not limited to, processor cycles and memory;

            b)       interfere with, damage or disrupt:

            ·       any part of our Website;
            ·       any equipment or network on which the Website is stored;
            ·       any software used in the provision of the Website; or
            ·       any equipment or network or software owned or used by any third party,

            c)       use the website for sending unsolicited, commercial e-mailing (SPAM).

5.5      You should note that, where requested, we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the terms and conditions in this legal notice.

5.6      We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

5.7      We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.

5.8      We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the standards set out in this clause 5.

5.9      The views expressed by other users on our Website do not represent our views or values.

5.10      Whilst you have the potential to schedule an unlimited amount of reports using the functionality on the Website, a fair usage policy applies:

            a)       We reserve the right to re-schedule or amend your reporting schedules if the impact on the system is likely to cause service disruption to other users of the Website.

            b)       Re-scheduling or amendment of reporting schedules may take place outside of normal working hours and without warning to you to ensure the performance of the system is maintained.

6           VIRUSES AND SOFTWARE

6.1       We do not guarantee that our Website will be secure or free from bugs or viruses  

6.2       You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. In particular, in order to use the Website you will need an internet browser version equal to or no later than Firefox 4.0.1 and Internet Explorer 7. You should use your own virus protection software.

7           LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

8           LIMITATION OF OUR LIABILITY

8.1          Nothing in this legal notice shall exclude or limit our liability for:

            a)       death or personal injury caused by our negligence;
            b)       fraud or fraudulent misrepresentation; or
            c)       any liability which cannot be excluded or limited under law.

8.2       While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website and we do not warrant that use by you of the Website will provide any particular result.

8.3       Where information displayed on the Website is generated as a result of information provided by you, we have no liability for the accuracy, completeness or otherwise of such information. It is your responsibility to notify us if any of your information changes.

8.4       The material on the Website is provided "as is" and on an "as available" basis, without any conditions, warranties or other terms of any kind, including without limitation, that the Website and the materials on the Website are or will be free from errors or that the material will continue to be available to us. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms implied by statute or common law from this legal notice.  

8.5       We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) or otherwise arising under or in connection with:  

            a)       use of, or inability to use, our Website; or
            b)       use of or reliance on any content displayed on our Website,

and we will not be liable to any user, whether in contract, tort (including negligence) or otherwise for:

            i)        loss of profits, sales, business or revenue;
            ii)       business interruption;
            iii)      loss of anticipated savings;
            iv)      loss of business opportunity, goodwill or reputation;
            iv)      loss of business opportunity, goodwill or reputation;
            v)      any indirect or consequential loss or damage; or
            vi)      loss or corruption of data or damage due to viruses that may inject your computer equipment and/or software on account of your use of the Website or your downloading of any material from the Website or any websites linked to the Website.

9           TERMINATION

9.1       We may suspend or discontinue your access to the Website, temporarily, at any time, without notice.  

9.2       We may immediately terminate your access to the Website, without notice, if for any reason, you no longer receive the services to which the Website relates.

9.3       We may immediately suspend or terminate your access to the Website, without notice, if you fail to comply with any of your obligations under this legal notice.

9.4       In the event that we terminate your access to the Website in accordance with clause 9.2 or clause 9.3 above, all licences granted under this legal notice shall immediately terminate.

10           DEMONSTRATION VERSION

10.1       This clause 10 only applies if the Company has agreed in writing to provide you with a demonstration version of the Website (“Demo Version”).

10.2      The purpose of providing you with a Demo Version is merely to demonstrate the functionality of the Website and for no other purpose. You shall:

            10.2.1       not use the Demo Version for anything other than demonstration purposes (to have a hands-on demonstration of the Website);

            10.2.2       use the Demo Version in accordance with this legal notice;

            10.2.3       keep the details of any data provided for demonstration purposes confidential;

            10.2.4       not make copies of the Demo Version (or any part thereof), including any information or data available on the Demo Version (in whole or part);

            10.2.5       not copy, adapt, modify or translate the Demo Version (in whole or in part), without Our prior written consent;

            10.2.6       not translate, disassemble, decompile, reverse engineer, adapt, vary or modify the Demo Version without Our prior written consent;

            10.2.7       not delete, vary or obscure any copyright or other proprietary notices on or in the Demo Version;

            10.2.8       not rent, lease, sub-licence, assign, transfer or distribute the Demo Version or its contents, or your right to use it;

            10.2.9       not use the Demo Version for sending unsolicited, commercial e-mailing (“SPAM”) or for any illegal access to other computers or networks (“hacking”), distributing internet viruses or similar destructive activities, any illegal activity and any other activity that We, in Our absolute and reasonable opinion, deem to be harmful;

10.3      You undertake, for the duration of your access to the Demo Version, to:

           a)       keep access to the Demo Version, its content and any passwords under Your effective control and shall maintain adequate security measures to protect the Demo Version its content and any passwords from access or use by any unauthorised person: and

           b)       comply with all instructions provided by Us to you,

10.4      You grant Us a non-exclusive, worldwide, and royalty-free licence to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use any data or anything which you input into the Demo Version as necessary for the purposes of rendering and operating the Website services to you.

10.5      The Demo Version is provided to you without charge and will be provided to you for the period of two weeks or for a period of time as agreed by Us in writing.

10.6      We cannot guarantee access to the Demo Version and We reserve the right to withdraw use of the Demo Version from you at any time without any prior notice and without incurring any liability to you.

10.7      The Demo Version is provided to you on an “as is” basis and all warranties, representations, conditions and all other terms of any kind whether such terms are implied by statute or common law are, to the fullest extent permitted by law, excluded.

10.8      You accept full responsibility for the data you input into the Demo Version and no outcome or result of such inputting is guaranteed or warranted.

10.9      In the event of termination of your access to the Demo Version you must immediately stop using the Demo Version.

11          GENERAL PROVISIONS

11.1       All notices and other communications to you under this legal notice shall be in writing and delivered by post to you or displayed in writing electronically on the Website.

11.2       Such notices to you shall be deemed to have been properly given on the date first made available, as displayed on the Website, or 2 days after posting, if delivered by post.

11.3       Notices to Us should be sent to Scorpio, Rockingham Drive, Linford Wood, Milton Keynes, MK14 6LY.

11.4       If any provision (or part of a provision) of this legal notice is found by any Court or administrative body of competent jurisdiction to be, invalid, unenforceable or illegal, the other provisions shall remain in force.

11.5       If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the provision.

11.6       Failure of Us to enforce any provision of this legal notice shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

11.7       You may not assign your rights or delegate your duties under this legal notice to any third party.

11.8       This legal notice shall be governed by and construed in accordance with English law. Disputes arising out of or in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the English courts.

PRIVACY POLICY
(Your statutory rights are not affected)

At IMServ your privacy is important to us and we are committed to protecting and respecting your privacy.

This policy (together with our Terms and Conditions above) and any other documents referred to in it sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

By clicking the “Login” box on the homepage of the EDV Website at either   www.improvemyenergy.com  or  https://edv.imserv.com  (our “Site”) when you log in to the Site, you agree to IMServ processing your data in accordance with this Privacy Policy.

For the purpose of the Data Protection Act 1998 (the “Act” ), the data controller is IMServ Europe Limited (company number 2749624) of Scorpio, Rockingham Drive, Linford Wood, Milton Keynes, MK14 6LY (“IMServ”, “us”, “we” or “our”).

WHAT INFORMATION DO WE COLLECT?

We may collect and process the following data about you:

·   Information that you provide at the time of registering on the Site and emailing your details to us.

·   Information that you provide by filling in forms on our Site. We may also ask you for information when you report a problem with our Site.

·   If you contact us, we may keep a record of that correspondence.

·   We or, our suppliers on our behalf, may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

·   Details of your visits to our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP ADDRESSES

We may collect information about your computer, including where available, your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns. The information stored does not identify any individual.


COOKIES

Our Site uses cookies to distinguish you from other users of our Site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy below.

WHERE WE STORE YOUR PERSONAL DATA

The data and information that we collect from you may be transferred via or to, and/or stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

·       To ensure that content from our site is presented in the most effective manner for you and for your computer.

·       To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

·       To carry out our obligations arising from any contracts entered into between you and us.

·       To allow you to participate in interactive features of our service, when you choose to do so.

·       To notify you about changes to our service.

·       For commercial analysis and to help inform our strategy so that we can improve the products and services we offer.

·       For market-research purposes in order to customise and improve your customer experience by way of discussions, survey and questionnaires which you can choose to complete.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 the Companies Act 2006.

We may disclose your personal information to third parties:

·       In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

·       If IMServ or substantially all of its assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.

·       If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions above and other agreements; or to protect the rights, property, or safety of IMServ, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We may also share your personal information with service providers we have retained to perform services on our behalf, but these service providers are not authorised by us to use or disclose any personal information except as necessary to perform services on our behalf or to comply with legal requirements.

YOUR RIGHTS

You have the right to ask us not to process your personal data (that is, your name, address, telephone number or e-mail address) for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right to prevent such processing at any time by contacting us at   solutions@imserv.com   or by calling us on 01908 696000.

If you contact us to ask us to remove your personal data from our records, please provide us with your exact name and telephone number. This will help us to ensure that you will not be contacted again and will also allow us to contact you in the event we need additional information from you in order to comply with your request.

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our Privacy Policy in the future will be posted on this page and you should regularly check for updates or changes to our Privacy Policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to   solutions@imserv.com  You can also contact us by telephone on 01908 696000 or by writing to the Head of Legal at Scorpio, Rockingham Drive, Linford Wood, Milton Keynes, MK14 6LY.

Cookies

This Site uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

You can find more information about the individual cookies we use and the purposes for which we use them below:

Cookie Name: Accept
Description: Stores users authorisation to store cookies
Permanence: Permanent

Cookie Name: Auth
Description: Login authorisation stored in an encrypted format while session is active
Permanence: Cookie deleted after session ends

Cookie Name: Perpetuum
Description: Provides details of the report publishing application, Perpetuum, used by the online system
Permanence: Cookie deleted after session ends

Cookie Name: Load Balance
Description: Provides details of the route to server to enable performance
Permanence: Cookie deleted after session ends

Cookie Name: Testing
Description: Tests other cookies are enabled on the client
Permanence: Does not stay on client after test completes

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Site. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies as soon as you visit our Site.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please go to  www.aboutcookies.org  or  www.allaboutcookies.org.