Terms and Conditions

1. Introduction

1.1. The following terms and conditions will govern your usage of our website.

1.2 By using our site, understand that you accept all these terms and conditions completely. Hence, if you disagree with the following terms and conditions or part of the terms and conditions; you are not recommended to use our website.

1.3 If you register, submit any material, or use any of our website’s services, we recommend you to definitely agree to all these terms and conditions.

1.4 As a user, you must be at least 18 years of age to use our website. By using our website or agreeing to these terms and conditions, you guarantee and signify to us that you are at least 18 years of age.

2. Copyright notice

2.1 Copyright (c) 2020(s) of first publication of https://powermetrics.co.uk/ 

2.2 Subject to the direct requirements of these terms and conditions:

  1. We at Powermetrics along with our licensors own and control all the copyright and other intellectual property rights of our website and the materials found on our website; and
  2. All the copyright and all other intellectual property rights of our website and the materials on our website are completely reserved

3. Permission to use website

3.1 You may:

  1. View webpages from our website with the use of any web browser;
  2. Download any webpages from our website for storing in the web browser;
  3. Print any pages from our website for your personal and non-commercial use, providing that all these printing is not systematic or unnecessary;
  4. Stream the available video and audio files from our website using the media player on our website; and
  5. Use our website’s services with any web browser, additional list items subject to the other provisions of these terms and conditions.

3.2 Except as specifically legalized by Section 3.1 or the other requirements of these terms and conditions, you should not download any other material from our website or save any such things to your computer.

3.3 You should only use our website for your own personal or business purposes, but you should not use our website for any other purposes than these.

3.4 Except as particularly allowed by these terms and conditions, you are not allowed to edit or otherwise modify any particulars on our website.

3.5 Except you own or govern the related rights in the materials on our website; you should not:

  1. Republish the materials found on our website including republication on any other website;
  2. sell, rent, or sub-license materials from our website;
  3. display any of the material from our website in public;
  4. exploit materials from our website for any of the commercial purposes; or
  5. restructure material from our website.

3.6 Nevertheless Section 3.5, you may redistribute the https://powermetrics.co.uk/ newsletter in print and electronic form to any individual.

3.7 We reserve the right of suspending or restricting access to our website, areas of our website, and/or functionality upon our website for any valid reasons. We may, for example, suspend the access of the visitors to the website during the server maintenance or when we update the website. You should not evade or bypass, or attempt to evade or bypass or take any access constraint measures on the website.

4. Misuse of website

4.1 You must not:

  1. Use our website to take any actions that may or causes any damage to the website or weaken the performance, availability, accessibility, integrity, or security of the website;
  2. Use our website in any such way that is unlawful, illegal, fraudulent, or harmful. Or use it in connection with any unlawful, illegal, fraudulent, or for harmful purpose or activity;
  3. Hack the website or otherwise tamper it;
  4. Examine, scan, or test the susceptibility of our website without our legal permission;
  5. Avoid any authentication, security systems, processes on or connecting to our website;
  6. Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
  7. impose a large load on our website resources including bandwidth, storage capacity, and processing capacity unreasonably;
  8. decrypt or decode any communications sent by or to our website without our proper permission;
  9. conduct any automated or systematic data collection activities including without limitation scraping, data mining, data extraction, and data harvesting on or in relative to our website without our valid written consent;
  10. Access or interact with our website using any robot, spider, or other automated things, except for the purpose of https://powermetrics.co.uk/ indexing;
  11. use https://powermetrics.co.uk/ apart from our public interfaces;
  12. violate the directives set out in the robots.txt file for our website;
  13. use the data collected from our website for any of the direct marketing activity including without limitation email marketing, SMS marketing, telemarketing, and direct mailing; or
  14. do any actions that restrict the normal use of our website.

4.2 You should not use the collected data from our website to contact individuals, companies, or other persons or entities.

4.3 You should ensure that all the information you provide us through our website, or in relation to our website, is accurate, true, current, complete, and non-misleading.

5. Registration and accounts

5.1 To be eligible for an access/account on/to https://powermetrics.co.uk/ under this Section 5, you should be a resident or situated in the United Kingdom. 5.2 You can register for an account with our website by submitting and completing the account registration form available on our website, and by clicking on the verification link in the email that the website will send you. 5.3 You should not allow any other person to use your account to access this website. 5.4 You must notify us by writing to us immediately if you become aware of any unauthorized use of your account as soon as possible. 5.5 You should not use any other person’s account to access the website unless you have that person’s express permission to do so.

6. User login details

6.1 If you register with our website to open an account, we will provide you with a unique user ID and password which you can use to access our website.

6.2 Your user ID must not be liable to mislead and must fulfill our content rules set out in Section 9; you should not use your account or user ID for or in connection with the impersonation of any person.

6.3 You should ensure to keep your password confidential.

6.4 You should notify us by writing to us immediately if you become aware of any leak of your password.

6.5 You are responsible for any activity carried out on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1 We may:

  1. suspend your account;
  2. cancel your account; and/or
  3. edit your account details, at any time at our sole discretion with or without notice to you.

7.2 We will generally cancel an account if it remains unused continuously for a period of 18 months.

7.3 You can also cancel your account on our website using your account control panel on the website.

8. Our rights to use your content

8.1 In these terms and conditions, “your content” means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files that you submit to our website or to us for the storage or publication on, processing by, or transmission via our website.
8.2 You grant us a worldwide, irrevocable, non-exclusive, and royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
8.3 You also grant us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant us the right to bring an action for violation of the rights licensed under Section 8.2
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You can edit your content to the extent permitted by us using the editing functionality made available on our website.
8.7 Without prejudice to our other rights under these terms and conditions, if you break any provision of these terms and conditions in any way, or if we reasonably suspect that you have broken these terms and conditions in any way, we may delete, unpublish or edit any or all of your contents.

9. Rules about your content

9.1 You permit and represent that your content will fulfill these terms and conditions.

9.2 Your content should not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.

9.3 Your content, and the use of your content by us under these terms and conditions, must not:

  1. be libelous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in the passing of other intellectual property rights;
  4. infringe any right of confidence, right of privacy, or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. be in contempt of any court or breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence in an explicit, graphic, or gratuitous manner;
  13. be pornographic, lewd, suggestive or sexually explicit;
  14. be untrue, false, inaccurate or misleading;
  15. 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;
  16. constitute spam;
  17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
  18. cause annoyance, inconvenience or needless anxiety to any person.

10. Limited warranties

10.1 We do not warrant or represent:

  1. the comprehensiveness or accuracy of the information published on our website;
  2. that the material on the website is up to date;
  3. that the website will operate without fault; or
  4. that the website or any other service on the website will remain available all the time.

10.2 We reserve the right to stop or alter any or all of our website services, and to stop publishing our website, at any time in our sole decision without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be eligible to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will:

  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 11 and in a different place in these terms and conditions:

  1. are subject to Section 11.1; and
  2. Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort including negligence and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 To the extent that our website, the information and services on our website are provided for free of charge, we will not be liable for any loss or damage of any nature.

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

11.5 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.

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

11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions this will not and of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees.

12. Breaches of these terms and conditions

12.1 Without prejudice to our other rights under these terms and conditions, if you break these terms and conditions in any way, or if we reasonably suspect that you have broken these terms and conditions in any way, we may:

  1. send you one or more formal warnings;
  2. temporarily suspend your access to our website;
  3. permanently prohibit you from accessing our website;
  4. block computers using your IP address from accessing our website;
  5. contact any or all of your internet service providers and request that they should block your access to our website;
  6. commence legal action against you, whether for the breach of contract or otherwise; and/or
  7. suspend or delete your account on our website.

 

12.2 Where we suspend or prohibit or block your access to our website or a part of our website, 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. Variation

13.1 We may revise all these terms and conditions at any period of time.

13.2 The revised terms and conditions will apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect.

16. Third-party rights

16.1 A contract under these terms and conditions is established for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

16.2 The exercise of the parties rights under a contract under these terms and conditions is not subjected to the consent of any third party.

17. Entire agreement

17.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us with your use of our website and shall supersede all previous agreements between you and us concerning your use of our website.

18. Law and jurisdiction

18.1 These terms and conditions shall be governed by and construed in accordance with English Law.

18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive or non-exclusive jurisdiction of the courts of England.

19. Statutory and regulatory disclosures

19.1 We are registered in the trade register; you can find the online version of the register at https://powermetrics.co.uk/ and our registration number is 10145011.

19.2 We are subject to the authorization scheme, which is supervised by a supervisory authority.

19.3 We are registered as Powermetrics which is the trading name of Helios Spectra Ltd. Company with a professional body in the United Kingdom and are subject to rules, which can be found at https://powermetrics.co.uk/

19.4 We subscribe to code(s) of conduct, which can be consulted electronically at https://powermetrics.co.uk/

19.5 Our VAT number is 324 2751 22

20. Our details

20.1 This website is owned and operated by Cognitic Ltd

20.2 We are registered in England and Wales under registration number 10145011, and our registered office is at Registered office address- 39 Lulworth Gardens, Harrow, England, HA2 9NW Company number 09371162

20.3 Our principal place of business is at Registered office address- 39 Lulworth Gardens, Harrow, England, HA2 9NW Company number 09371162.

20.4 You can contact us:

  1. by post, to the postal address given above;
  2. using our website contact form;
  3. by telephone, on the contact number published on our website; or
  4. by email, using the email address published on our website.