Terms and Conditions of Use
IMPORTANT: These are the terms and conditions upon which we (Easy RSS) provide the website www.easy-rss.co.uk and by accessing this Site and software, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not access this site.
No representation, warranty or guarantee is made that the information accessible via this website, or any website with which it is linked, is accurate, complete or current. No warranty is made as to the availability of this site or that the functions used or materials accessible or downloaded from this site will be uninterrupted or free of errors, viruses or other harmful components. To the fullest extent permitted by law, in no event shall Easy RSS be liable for any errors, omissions, misstatements or mistakes in any information contained on this site or damages resulting from the use of this site or any decision made or action taken in reliance of information contained in this site.
Easy RSS Ltd, who maintains and manages these websites is registered with the Data Protection Registrar for data protection issues. Any data collected to provide further information on Software is never sold or rented to third parties.
Software Terms and Conditions
In these Terms & Conditions the following words shall have the following meanings unless otherwise expressly stated:
1.1. “Charges” the fees that are charged by us to use the Software;
1.2. "Our Email Address" means [email protected];
1.3. “Microgeneration Standards” means the Microgeneration Installation Standard for the appropriate MCS technology.
1.4. "Registration Form" means the customer registration form to access the Software;
1.5. “Software” means the QUALITICK LIMITED T/A Evergreen Energy software, calculation tools and project storage made available by QUALITICK LIMITED T/A Evergreen Energy via its Website.
1.6. "we" means QUALITICK LIMITED T/A Evergreen Energy, a company registered in England and Wales with company number 07635161
1.7. ('us' and 'our' will be construed accordingly);
1.8. "Website" means our website with its homepage at www.easy-rss.co.uk
The following text outlines the terms & conditions of service. Please read this document carefully before you use the Software. These terms and conditions also apply during any trail period of use of the Software.
2.1. By registering you confirm that the contact details which you have provided on the Registration Form are complete and accurate.
2.2. You agree to immediately inform us by sending an email to our email address, of any changes to your contact details. Users may only maintain one active registration. In other words, it's one registration per person. By accepting this agreement, you certify that you have no other registration with QUALITICK LIMITED T/A Evergreen Energy.
2.3. You must have a valid email registered with us at all times. If an e-mail that we send to you should bounce for some reason, your account may be temporarily suspended until you contact us with a verifiable address.
2.5. By using our service, you are agreeing to be bound by all of these terms and conditions. We may change or update these terms at any time without prior notice. Your continued use of the Software means that you accept any new or modified terms. Please note that if you use or subscribe to other products and services provided by us or any affiliated organisations you may be subject to additional terms and conditions. Please refer to those products' specific rules for guidance, if applicable.
3. Data Protection
QUALITICK LIMITED T/A Evergreen Energy through its owners and affiliated companies is registered as a Data Controller under the Data Protection Act.
4.1. Except as expressly provided in this Agreement, all of the content on this Software is the property of QUALITICK LIMITED T/A Evergreen Energy and is protected by UK and international copyright laws. "Content" means any information, mode of expression, or other material and services found on the Software.
4.2. Any copying, distribution, storing or transmission of any kind, or any sort of commercial use of our content is strictly prohibited without our prior written permission.
4.3. You understand that you may not re-sell nor make available to any third party the whole or any part of the information or services which we provide to you.
4.4. We retain ownership of all copyright and other intellectual property rights in the outputs from the Software and design tools.
4.5. If additional users are added to your company account they are bound by the same terms and conditions your master user has agreed to, and act on behalf of your organisation.
5. Limitation of liability
5.1. Nothing in these Terms & Conditions shall restrict or exclude our liability for death or personal injury resulting from our negligence. Nothing in these Terms & Conditions shall restrict or exclude our liability for fraud. We also do not exclude or limit any liability which may not be lawfully excluded or limited. Furthermore, nothing in these Terms and Conditions affect your statutory rights.
5.2. We shall not be liable to you for consequential, special or indirect losses, or the any losses whether direct or indirect including: loss of profits; loss of revenue; economic loss; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; business interruption; (or any losses arising from a claim by a third party for any of the above losses) whether arising under contract, tort (including without limitation, negligence), or otherwise.
5.3. Subject to the previous two paragraphs, our aggregate liability for all claims arising under or in connection with these Terms & Conditions (whether arising under contract, tort (including without limitation negligence) or otherwise) shall be limited to the sum of the Charges paid by you to us.
5.4. We will not be liable for any delay or non-performance where you have not provided the correct information where required in the Software.
5.5. Any Charges paid by you have been calculated on the basis that we will exclude and limit our liability in respect of your use of the Software as set out in these Terms & Conditions, and you agree that such limitations and exclusions of liability are reasonable in all circumstances.
You agree to indemnify, defend, and hold harmless QUALITICK LIMITED T/A Evergreen Energy, its affiliates, directors, officers and employees from and against any claim, liability, cost, damage or loss we may incur (including, without limitation, attorneys' fees) as a result of any violation by you of your obligations under these terms and conditions.
7. Nature of services and information provided
7.1. You must read, understand and accept our disclaimer before subscribing to the Software.
7.2. The Software is designed to give you estimated system performance details only and practical briefings to enable you to provide very high level estimates to your customers/clients.
7.3. The reports generated by the Software should NOT be used or relied upon in any circumstances for making any financial decision or to provide any advice to a consumer in respect of the subject matter of the report produced by the Software and any such reports should always be accompanied by a detailed survey and quotation from a specialist who has sufficient experience, qualifications and expertise to enable such specialist to provide the advice required in the situation without use of any Software on the basis the Software should be used for very high level guidance only and the Software’s accuracy or efficiency is not in any way guaranteed.
7.4. The installer of any products that makes use of the Software must be competent to review and verify that the design generated by the Software would meet the design standards and requirements set out in the relevant Microgeneration Standards.
7.5. The performance calculator contained within the Software is intended to be used by professionals that are competent as a “Full Scope” designer as defined by the Microgeneration Standards.
7.6. The Software is designed to be used on a site visit and therefore you must visit the property in question before the Software is used and any advice provided to a consumer.
7.7. We provide you with no guarantee or warranty as to the accuracy or proper function or performance of the Software and the Software is to be used at your own risk and subject to your own professional judgment. This Software is only intended to be used by highly trained and skilled professionals.
7.8. The information that is generated by the Software is based on information supplied by manufacturers and government departments. The information that is generated by the Software is also based on the information which you input including without limitation the information that you provide through the Registration Form. We cannot offer any guarantees in relation to the accuracy of the information that is proved by you or any manufacturer or government department.
7.9. The information that is generated or provided in the Software is provided by way of preliminary guidance only to your situation (so for example we do not provide any assurance that any particular savings will be realisable, as they may be influenced by factors beyond our control or knowledge). If you require more specialist advice employ your own third party consultant.
7.10. You assume sole responsibility for results obtained from the use of the Software and any documentation provided to a consumer, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts as a result of the Software in connection to any actions taken by any consumer as a result of your recommendations
7.11. We may change prices or products at any time, without prior notice.
7.12. The Software may be dependent on you allowing cookies on your computer, tablet or smartphone. If you do not accept cookies normally, you may have to accept them for the duration of your session on our Software. Otherwise, you may not benefit from the Software and its results.
7.13. We will not evaluate the results of your Software usage.
8. Entire Agreement
8.1. These Terms and Conditions and the content on our Website and within the Software contain the entire agreement between you and us with respect to the subject matter of the Terms & Conditions and shall supersede all other written or oral communications between you and us. The express terms and conditions in these Terms & Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. You hereby confirm that you have not relied upon any representations, communications or other matters which have not been expressly stated in these Terms & Conditions.
8.2. Notwithstanding any provision to the contrary, nothing in these Terms & Conditions limits or excludes our liability for fraudulent misrepresentations.
8.3. If any provision of these Terms & Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
9. Contracts - Rights of Third Parties - Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision in these Terms & Conditions, these Terms & Conditions are not intending to, and do not, give any person who is not a party to it any right to enforce any of its provisions.
10. Severability and jurisdiction
10.1. If any provision in this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect.
10.2. This Agreement shall be governed by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within England
11. Intellectual Property Rights
11.1. All the information and material on these websites is provided for informational purposes only for further details please call QUALITICK LIMITED T/A Evergreen Energy on Freephone 01244784260.
12. Your account and password
12.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
12.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
12.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
If you decide to terminate your support with us at the end of your 12 month period, your online dashboard and access to all Software will become inactive. Prior to the termination date you may extract any data you have inputted or wish to retain. If you have been unable to extract the data prior to your support ending, an additional 7 days may be granted by us upon request for this purpose only, however after this 7 day period has expired no further access to your online dashboard or the Software will be permitted.