Terms of Use

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

INRODUCTION

This Terms of Use Policy sets out the content standards that apply when you upload content to Our Site, contact other users on Our Site, link to Our Site, or interact with Our Site in any other way.

You should read this Terms of Use Policy carefully to understand the terms and conditions under which you subscribe to use Our Site. If you do not understand any aspects of Our Terms of Use Policy or would like to use any of Our material in a way not covered by these terms, please contact Us via the details set out at the end of this Terms of Use Policy.

By using Our Site, you confirm that you accept the terms of this Terms of Use Policy and that you agree to comply with them. Our Cookie Policy and Privacy Policy also apply to your use of Our Site and are incorporated by reference into this Terms of Use policy.

If you do not agree with any part of these terms and conditions, you must not use Our Site.

We recommend that you print a copy of these terms and conditions for future reference.

2. DEFINITIONS

You or Your means The person or organisation (including its subsidiaries) entering into this agreement with Us by accepting these terms.

Us, We or Our means Enoda Ltd

Our Site means The website at www.enodatech.com

3. AUTHORITY

We authorise you to access Our Site. This authority extends to everyone you authorise under this agreement. This authority starts when you enter into this agreement and ends if this agreement is terminated under paragraph 9.

4. TERMS OF USE OF THE SITE

You may:

Search, view, copy and print out material from Our Site for your own use;
Make copies and print outs of such material available to others if you reasonably believe they are themselves authorised by Us to use those materials; and
Bookmark or link to any part of Our Site.

If you are in any doubt, please contact Us to confirm or to obtain permission.

5. YOUR OBLIGATIONS

You must not use Our Site:

In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm minors in any way;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
To knowingly transmit any data, send or upload any material that contains viruses, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

Reproduce, duplicate, copy or resell any part of Our Site in contravention of the provisions of this Terms of Use Policy;
Access without authority, interfere with, damage or disrupt any part of Our Site, any equipment or network on which Our Site is stored, any software used in the provision of Our Site, or any equipment or network or software owned or used by any third party.

If you do not agree to these terms, you must not use Our Site. We recommend that you print a copy of these terms for future reference.

6. OUR OBLIGATIONS

We will take reasonable steps to ensure that software and data files We supply to you as part of Our Site are virus-free.

7. OWNERSHIP

Our Site, our content and all intellectual property rights in and to Our Site and the content on Our Site are owned by Us, our licensors or both (as applicable). Intellectual property rights mean rights including but not limited to copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether they are registered or unregistered anywhere in the world. We reserve all our rights in any intellectual property in connection with the terms and conditions of this Terms of Use Policy. This means that We remain owners of them and are free to use them as We see fit.

Nothing in this Policy grants you any legal rights in or to Our intellectual property rights. You agree not to adjust, to try to circumvent or delete any notices contained on Our Site (including any intellectual property notices) and any digital rights or other security technology embedded or contained within Our Site.

8. OUR CANCELLATION RIGHTS

We may suspend, withdraw or terminate your access to Our Site at any time, with or without notice and without further obligation to you.

9. ACCURACY OF INFORMATION AND AVAILABILITY OF OUR SITE

While We try to make sure that Our Site and its content is accurate, up-to-date and free from bugs, We cannot promise that it will be. Further, We cannot promise that Our Site will be fit or suitable for any purpose. Any reliance that you may place on the information on Our Site is at your own risk.

Our Site is provided for your general information purposes only and to inform you about Us and Our products and news, features, and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

We may suspend or terminate operation of Our Site or any part thereof at any time as We see fit.

While We try to make sure that Our Site is available for your use, We do not promise that Our Site will be available at all times, nor do We promise the uninterrupted use by you of Our Site.

10. THIRD PARTY SITES AND PRODUCTS

Our Site may contain hyperlinks or references to third party websites and third party products. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any products, content, material or information contained in them. The display of any hyperlink and reference to any third party website or third party product (including any advert or sponsor) does not mean that We endorse that third party's website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site.

Any agreements, transactions or other arrangements made between you and any third party named on (or linked to/from) Our Site are at your own responsibility and you enter into them at your own risk.

If you wish to install or use a link to Our Site, you are responsible for configuring your information technology, computer programmes and platform to access Our Site. Notwithstanding our obligations, you should use your own virus protection software.

This Terms of Use Policy is not intended to benefit anyone other than the parties to it and no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

11. DISCLAIMER

Nothing on Our Site is intended to constitute a definitive or complete statement on any subject;
Nothing on Our Site is intended to constitute advice in any specific situation;
Our Site may include archived information and resources, which may be incorrect or out of date;
Our Site and our means of delivering it may be incompatible with your software or computer configuration; and
We may change or withdraw part or all of Our Site at our discretion.

12. LIABILITY

We make no warranty, express or implied, regarding Our Site, which is provided as is. We expressly disclaim all warranties to the extent permitted by law, including but not limited to warranties of fitness for a particular purpose.

We shall have no liability to you for any breach of these Terms of Use Policy caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; epidemic or pandemic; breakdown of systems or network access; or flood, fire, explosion or accident.

We accept no liability to you for any loss or damage incurred, excluding death or personal injury caused by negligence or fraudulent misrepresentation.

13. TERMINATION

This agreement will terminate if you or We are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach.

If We consider that a breach of this Terms of Use Policy has occurred, We may take such action as We deem appropriate.

Failure to comply with this Terms of Use Policy constitutes a material breach of the terms and conditions upon which you are permitted to use Our Site, and may result in Our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use Our Site;
Issue of a warning to you;
Legal proceedings against you, including but not limited to reimbursement of all costs on an indemnity basis (including, but not limited to, legal costs) resulting from the breach; and
Disclosure of information to law enforcement authorities as We reasonably feel is necessary or as is required by law.

We exclude Our liability for all action We may take in response to breaches of this Terms of Use Policy. The actions We may take are not limited to those described above, and We may take any other action We reasonably deem appropriate.

14. CHANGES TO OUR TERMS OF USE POLICY

This Terms of Use Policy was published on 29 April 2023.

We may from time to time change or update Our Terms of Use Policy for legal or regulatory reasons, or to reflect changes in Our Site or business practices.

Every time you wish to use Our Site, please check Our Terms of Use Policy to ensure you understand the terms that apply at that time.

15. ASSIGNMENT AND LICENSES

You may not assign this agreement without our consent in writing.

We may freely transfer or assign any of our rights or obligations under this Terms of Use Policy.

16. CONFIDENTIALITY

You undertake that you will not divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning Our business or affairs which may have come to your knowledge.

17. PRIVACY AND PERSONAL INFORMATION

Your privacy and personal information are important to Us. Any personal information that you provide to Us will be dealt with in accordance with our Privacy Policy.

18. DATA PROTECTION

All applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to you or Us relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to either you or Us will apply.

19. ENTIRE AGREEMENT

This agreement together with the documents referred to within this Terms of Use Policy constitutes the entire agreement and understanding between you and Us relating to the subject matter of this agreement. This Terms of Use Policy supersedes all previous communications, representations and arrangements, either written or oral.

You acknowledge and agree that in entering into this agreement you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this agreement. The only remedy available for breach of the agreement shall be for breach of contract under the terms of this agreement.

20. LAW AND JURISDICTION

If any provision of this Terms of Use Policy is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Terms of Use Policy, which will remain in full force and effect.

If you are a consumer, please note that the terms of this Terms of Use Policy, its subject matter and its 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, the terms of this Terms of Use Policy, its subject matter and its 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.

21. QUESTIONS AND HOW TO CONTACT US

If you have any questions, concerns, complaints or suggestions regarding our Terms of Use Policy or wish to exercise your usage rights or otherwise need to contact Us, please do so via Our details below:

Communications Team

Quartermile 3, Level 1,

10 Nightingale Way,

Edinburgh, EH3 9EG

hello@enodatech.com

Our enodatech.com is a site operated by Our Site ("We"). We are registered in England and Wales under company number 13535381 and have our registered office at Dalton House, 60 Windsor Avenue, London, England, SW19 2RR.