Terms of use

    1. 1. Introduction

      These terms of use govern your use of ESI.info websites; by using our websites, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our websites.

      If you submit content to our websites, we will ask you to expressly agree to these terms of use.

      You must be at least 18 years of age to use our websites. By using our websites and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

      These terms of use are provided in the English language only.

    2. 2. Licence to use our websites

      Unless otherwise stated, we or our licensors, own the intellectual property rights in our websites and material on our websites. Subject to the licence below, all these intellectual property rights are reserved.

      You may view, download for caching purposes only, and print pages from our websites for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

      You must not:

      1. republish material from our websites (including republication on another website);
      2. sell, rent or sub-license material from our websites;
      3. edit or otherwise modify any material on our websites other than editing your own submissions using our website interface;
      4. reproduce, duplicate, copy or otherwise exploit material on our websites for a commercial purpose connected with publishing or advertising services.

      We reserve the right to restrict access to areas of our websites, or indeed entire websites, at our discretion.

    3. 3. Content submissions to our websites

      We welcome submissions to our websites.

      You may create, edit and delete content on our websites by using our Content Management System.

      Your submissions to our websites must relate to products, services or technical information relevant to the UK built environment or environmental engineering sectors.

      You must only use our Content Management System to edit and create entries that relate directly to your company or organisation, or a company that you are authorised to act for as an agent.

      Your content submissions must comply with the "acceptable use" and "submissions" provisions below.

      To make a content submission, you must register on this website. We will provide you with a user ID and password. You must ensure that your user ID and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our websites arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our websites unless you have that person's express permission to do so. We may disable your user ID and password in our sole discretion without notice or explanation.

      You must keep your content up-to-date using our Content Management System.

      Generally, your submissions will be automatically processed within 24 hours1 working day following receipt.

      Making your use of the CMS enjoyable means we need to install updates and do general diagnosis and maintenance of the CMS. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.

      We may also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the CMS available again as soon as we think it is safe to do so.

      Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete submissions that breach these terms of use or that do not meet the additional guidelines for submissions published on our websites. If we reject or delete a submission on either basis, we will not refund any applicable charges.

      If we accept your submission then it will remain published on our websites indefinitely or for the relevant period set out in specific advertising agreements subject to termination or deletion in accordance with these terms of use.

      We will not file a copy of these terms of use specifically in relation to each submission and, if we update these terms of use, the version to which you originally agreed will no longer be available on our websites. For this reason, we recommend that you print and file a copy of these terms of use for future reference.

    4. 4. Free submissions

      Our content management website allows you to make free submissions.

      We may delete free directory submissions at any time in our sole discretion with or without notice to you.

    5. 5. Paid submissions

      In addition to free submissions, we provide a paid submission service.

      The applicable submission charges will be as set out on our websites from time to time. All submission charges stated on our websites are stated exclusive of VAT.

      You must pay to us the submission charges in respect of submissions in accordance with agreed payment terms.

      We may vary submission charges from time to time by posting new charges on our websites. However, such variations will not affect submissions that have already been paid for.

    6. 6. Acceptable use

      You must not use our websites in any way that causes, or may cause, damage to the websites or impairment of the availability or accessibility of the websites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

      You must not use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

      You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

      You must not use data collected from our websites or our directory for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

    7. 7. Submissions

      In these terms of use, "your submissions" means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our websites.

      You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

      You warrant and represent that your submissions will comply with these terms of use.

      Your submissions must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

      Your submissions (and their publication on our websites) must not:

      1. be untrue, false, inaccurate or misleading;
      2. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      3. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      4. constitute negligent advice or contain any negligent statement;
      5. be libellous or maliciously false;
      6. be obscene, indecent or sexually explicit;
      7. infringe any right of confidence, right of privacy, or right under data protection legislation;
      8. constitute an incitement to commit a crime;
      9. be in contempt of any court, or in breach of any court order;
      10. be in breach of racial or religious hatred or discrimination legislation;
      11. be blasphemous;
      12. be in breach of official secrets legislation;
      13. be in breach of any contractual obligation owed to any person.

      Your submissions must be appropriate and accord with generally accepted standards of etiquette and behaviour on the internet.

      You must not use our websites to link to any website or web page consisting of or containing material that would, were it posted on our websites, breach the provisions of these terms of use.

      You must not submit to our websites any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

      We reserve the right to edit or remove any material submitted to our websites, or stored on our servers, or hosted or published upon our websites.

      Notwithstanding our rights under these terms of use in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our websites.

    8. 8. Discontinuing service

      We reserve the right to discontinue our website services (and the publication of our websites) at any time in our sole discretion with or without notice.

      If:

      1. you have paid for a submission;
      2. your submission has been accepted in accordance with these terms of use;

      We will refund to you such portion of your payment as related to any period after the discontinuance of our website services.

      Save as provided in this Section 8, you will not be entitled to any refund upon the discontinuance of our website services.

    9. 9. Limited warranties

      You acknowledge that some of the information published on our websites is submitted by users, and that we do not always review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on our websites; nor do we commit to ensuring that our websites remain available or that the material on our websites is kept up-to-date.

      You acknowledge that:

      1. we do not confirm the identity of companies and persons listed in our directory, check their credit worthiness or bona fides, or otherwise vet them;
      2. we do not systematically check, audit or monitor the information contained in the directory;
      3. we are not party to any contract for the sale or purchase of goods or services entered into with any company or person in our directory;
      4. we are not the agents for any company or person in our directory.

      To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to our websites and the use of our websites (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

    10. 10. Limitations and exclusions of liability

      Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

      The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

      We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

      We are not responsible if you cannot access the Content Management System properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.

      The Content Management System is built using software and is being continually developed and improved. Although we rigorously test our software before new releases are made, we cannot guarantee that the Content Management System will be error free, available all the time and/or free from viruses. We will endeavour to minimise Content Management System downtime wherever possible and to fix any reported bugs as quickly as possible.

      We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

      We will not be liable to you in respect of any loss or corruption of any data, database or software.

      You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our websites. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

    11. 11. Indemnity

      You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

    12. 12. Breaches of these terms of use

      Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

      1. send you one or more formal warning
      2. temporarily suspend your access to our websites;
      3. permanently prohibit you from accessing our websites;
      4. block computers using your IP address from accessing our websites;
      5. contact your internet services provider and request that they block your access to our websites;
      6. bring court proceedings against you for breach of contract or otherwise;
      7. delete and/or edit any or all of your directory or website submissions; and/or

      Where we suspend or prohibit or block your access to our websites or a part of our websites, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

    13. 13. Third party websites

      Our websites include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

    14. 14. Copyright, authors' rights, database rights and trade marks

      All content included on our websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ESI or its content suppliers and is protected by United Kingdom and international copyright, authors' rights and database right laws. All software used on this website is the property of ESI, our affiliates or our software suppliers and is protected by United Kingdom and international copyright and author' rights laws.

      ESI, ESI.info, External Works, Building Design, Interior Design, Building Services and Enviropro and our logos are trade marks belonging to us. We give permission for the use of these trade marks to create links to our websites from your website if you are featured on our websites or use our websites to source products and services relating to the built environment or environmental engineering sectors.

      The other registered and unregistered trade marks or service marks on our websites are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

    15. 15. Variation

      We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our websites from the date of the publication of the revised terms of use on our websites. Please check this page regularly to ensure you are familiar with the current version.

    16. 16. Assignment

      We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

      You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

    17. 17. Severability

      If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to have been deleted, and the rest of the provision will continue in effect.

    18. 18. Exclusion of third party rights

      These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

    19. 19. Entire agreement

      These Website Terms of Use, together with our Privacy Policy and any Advertising Contracts made between you and us, constitute the entire agreement between you and us in relation to your use of our websites, and supersede all previous agreements in respect of your use of our websites.

    20. 20. Law and jurisdiction

      These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

    21. 21. Registrations and authorisations

      We are registered with under the Data Protection Act 1998 and have given all appropriate notifications to the Information Commissioner.

    22. 22. Registered office

      The full name of our company is Environmental Standard Indexes Ltd.

      We are registered in Scotland under company number SC173665.

      Our registered address is:
      12 E&F Timberbush
      Edinburgh
      EH6 6QH.

      Our VAT number is GB 716 9731 11.

      You can contact us at the following email address: marketing@esi.info

    Environmental Standard Indexes Ltd, 2016