Terms & Conditions
This website (the “Website”) and any services provided in connection with it (the “Services”) are owned and operated by National Gas Transmission plc and its subsidiary companies (collectively, “National Gas Transmission”, “we” or “us”).
Please read these terms and conditions of use of the Website (the “Terms”) carefully as by using the Website and/or Services you agree to be bound by these Terms. We reserve the right to vary these Terms at any time and will post any amendments here. You are advised to review the Terms on a regular basis as you will be deemed to have accepted any amendments if you continue to use the Website and/or the Services after the amendments have been posted.
If you do not agree to abide by these Terms you should not use the Website or the Services in any way.
For clarity, in these Terms “you” means any natural or legal person who uses the Website or the Services and/or each entity on whose behalf such user acts.
Using the Website
Wherever you are asked to provide mandatory information in connection with the Website or the Services, you agree to provide true, accurate, current and complete details, and to notify us promptly of any changes in this mandatory information. It may not be possible to provide you with the Services if you do not provide the minimum mandatory information required. (You do not have to provide us with any optional information requested.)
You further agree that National Gas Transmission is free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. However, National Gas Transmission will not release your name or otherwise publicise the fact that you submitted materials or information to us unless: (a) we obtain your permission to use your name; or (b) we notified you, before you submitted the materials or information, that they or it could be released or otherwise published in association with your name; or (c) we are required to do so by law.
You agree to abide by all applicable laws, regulations and codes of conduct (including those that are self regulatory) in your use of the Website and the Services and you agree to be solely responsible for all things arising from such use. You agree that you will always respect the privacy of your fellow internet users.
You agree not to:
impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead us or others as to the identity or origin of any communications or provide inaccurate or unreliable contact details;
modify, access or make available data stored on a computer or device which you have accessed through our network, when the owner of the data, computer or device has taken steps to prevent you from doing this or has expressed a wish that you do not do this;
make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names or addresses) without their prior consent;
damage, interfere with or disrupt access to the Website or Services or do anything that may interrupt, impair or have an adverse effect on its or their functionality, availability or operation;
use the Website or Services in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar activities;
save as authorised in these Terms or as agreed in writing between you and us, sell, re-sell, lease or otherwise deal in any part or aspect of the Website or Services;
publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights (including the data protection rights and rights of privacy and publicity) of others;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, ‘trojan horses’, ‘worms’ or any other harmful software;
falsify the true ownership of software or other material or information contained in a file made available via the Website or our Services;
obtain or attempt to obtain unauthorised access, through whatever means, to the Website or the Services or other services or computer systems or areas of our, or any of our partners', networks which are identified as restricted; or
disclose any security details, such as logins or passwords, to any third parties or fail to keep such information secure.
Disclaimers and Limitation of Liability
National Gas Transmission takes reasonable care and precaution to ensure that its own information published on the Website is accurate when posted, and that it posts its own information on the Website in timely fashion. However, we cannot promise or guarantee that, at the time it is read by you or any third party, any of National Gas Transmission’s own information posted on this Website or any information posted by any other person will be accurate, up-to-date, timely, complete or error-free, and we will not be liable for any aspect of the Website including any and all materials, documents or information posted on it whether by us or any third party (collectively, “Posted Materials”) being inaccurate, out-of-date, late or incomplete or containing errors. You acknowledge and agree that:
(a) you are responsible for taking appropriate steps to verify any information available on the Website, including information posted by National Gas Transmission, before you act on it; and
(b) any and all use of or reliance on any information available on the Website, including information posted by National Gas Transmission, is entirely at your own risk.
THE WEBSITE (INCLUDING WITHOUT LIMITATION ITS CONTENT AND ALL POSTED MATERIALS) AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS RELATING TO THE WEBSITE (INCLUDING ALL POSTED MATERIALS AND OTHER WEBSITE CONTENT) AND/OR THE SERVICES (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE) ARE HEREBY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY IMPLIED WARRANTY, TERM OR CONDITION AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, AVAILABILITY, USE OR PERFORMANCE OF, OR ABSENCE OF VIRUSES FROM, THE WEBSITE, THE SERVICES AND/OR THE POSTED MATERIALS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NATIONAL GAS TRANSMISSION AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR:
(A) ANY POSTED MATERIALS BEING INCORRECT, INACCURATE, MISLEADING, DECEPTIVE, FRAUDULENT, INCOMPLETE, OUT OF DATE, LATE, INFRINGING OR UNLAWFUL IN ANY RESPECT;
(B) ANY USE OF OR RELIANCE BY YOU OR ANY THIRD PARTY ON THE WEBSITE AND/OR ANY POSTED MATERIALS, INCLUDING (WITHOUT LIMITATION) ANY ACTS, OMISSIONS, TRADES, PURCHASES, SALES, OFFERS OR DECISIONS MADE, CONTRACTS ENTERED OR SERVICES (INCLUDING, WITHOUT LIMITATION, INFORMATION SERVICES) PROVIDED BY YOU IN CONNECTION WITH ANY POSTED MATERIALS; AND/OR
(C) FAILURE BY ANY THIRD PARTY TO COMPLY WITH THE REQUIREMENTS OF REGULATION (EU) NO. 1227/2011 (THE “REMIT REGULATION”), INCLUDING (WITHOUT LIMITATION) THE FAILURE BY ANY THIRD PARTY TO DISCLOSE ANY INFORMATION OR FACTS IF REQUIRED TO DO SO BY SUCH REGULATION OR TO MAKE ANY REQUIRED DISCLOSURE IN TIMELY FASHION.
IN NO EVENT SHALL NATIONAL GAS TRANSMISSION OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR: (1) ANY DAMAGES OR LOSSES WHATSOEVER ARISING FROM YOUR USE (INCLUDING, WITHOUT LIMITATION, DISTRIBUTION) OF, INABILITY TO USE, TIMELINESS OF USE OF OR RELIANCE ON THE WEBSITE AND/OR THE SERVICES AND/OR ANY MATERIALS OR INFORMATION WHATSOEVER POSTED ON THE WEBSITE; AND/OR (2) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE, THE SERVICES AND/OR THE POSTED MATERIALS AND/OR ANY USE (INCLUDING ,WITHOUT LIMITATION, DISTRIBUTION) OF OR INABILITY TO USE THIS WEBSITE, THE SERVICES AND/OR THE POSTED MATERIALS, INCLUDING (WITHOUT LIMITATION) ANY LOST PROFITS, LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY OR SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF REPUTATION OR LOSS OF GOODWILL, EVEN IF NATIONAL GAS TRANSMISSION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR MISREPRESENTATION OR UNDER STATUTE OR OTHERWISE.
SHOULD NATIONAL GAS TRANSMISSION OR ANY OF ITS AFFILIATES BE FOUND LIABLE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR MISREPRESENTATION OR UNDER STATUTE OR OTHERWISE, AND EVEN IF NATIONAL GAS TRANSMISSION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF THE RELEVANT DAMAGES OR LOSSES, THE TOTAL AGGREGATE LIABILITY OF NATIONAL GAS TRANSMISSION AND ITS AFFILIATES WILL BE LIMITED TO £100.
SINCE NATIONAL GAS TRANSMISSION IS PROVIDING THE WEBSITE, THE SERVICES AND THE POSTED MATERIALS FOR NO CHARGE, YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS ON NATIONAL GAS TRANSMISSION’S AND ITS AFFILIATES’ LIABILITY SET OUT HEREIN, INCLUDING (WITHOUT LIMITATION) THE ABOVE £100 LIMIT ON THEIR TOTAL AGGREGATE LIABILITY, ARE FAIR AND REASONABLE.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, NEITHER NATIONAL GAS TRANSMISSION NOR ANY OF ITS AFFILIATES LIMITS OR EXCLUDES ANY LIABILITY IN RELATION TO DEATH OR PERSONAL INJURY ARISING FROM ITS/THEIR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
The use of some information and materials made available by this Website may be restricted outside the U.K. You are entirely responsible for using such information and materials in compliance with all applicable laws and regulations.
The information contained in the Website is not an offer, invitation or inducement to invest in shares or other securities or any other products or services or to otherwise deal in these or enter into a contract with National Gas Transmission or any other company.
The past performance of National Gas Transmission or any other company referred to on the Website cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up and investors may not recoup the amount originally invested.
The Website may contain certain statements that are neither reported financial results nor other historical information. Any such statements are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Because these forward-looking statements are subject to assumptions, risks and uncertainties, actual future results may differ materially from those expressed in or implied by such statements. Many of these assumptions, risks and uncertainties relate to factors that are beyond National Gas Transmission's ability to control or estimate precisely, such as delays in obtaining or adverse conditions contained in regulatory approvals, competition and industry restructuring, changes in economic conditions, currency fluctuations, changes in interest and tax rates, changes in energy market prices, changes in historical weather patterns, changes in laws or regulations or regulatory policies, developments in legal or public policy doctrines, technological developments, the availability of new acquisition opportunities or the timing and success of future acquisition opportunities. Other factors that could cause actual results to differ materially from those published or otherwise available on or through the Website may include the realisation of synergies from integration, the failure to retain key management, unseasonal weather impacting on demand for electricity and gas, the behaviour of electricity market participants on system balancing, the timing of amendments in prices to shippers in the gas market, the performance of National Gas Transmission's pension schemes and the regulatory treatment of pension costs and the impact of any potential separation and disposal by the National Gas Transmission group of any gas distribution network(s). For a more detailed description of these assumptions, risks and uncertainties, together with any other risk factors, please see National Gas Transmission's filings with the United States Securities and Exchange Commission (and in particular the ‘Risk Factors’ and ‘Operating and Financial Review’ sections in its most recent annual report on 20F). Recipients are cautioned not to place undue reliance on any forward-looking statements, which speak only as of the date of their publication on the Website. National Gas Transmission disclaims any obligation to publicly release any revisions to any forward-looking statements to reflect events or circumstances after the date of their publication on the Website except as required by applicable law or regulatory obligations (including under UK Listing rules and the Disclosure and Transparency rules of the UK Financial Services Authority).
The information provided in this Website should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such decisions.
The information contained in this Website is not intended to supplement the information provided to customers for the purposes of determining amounts payable to National Gas Transmission, or due by National Gas Transmission to suppliers. The format, content and frequency of the information is such that it has been developed for information purposes only and not for financial analysis purposes or the audit of amounts payable to or by National Gas Transmission.
Except to the extent expressly provided otherwise in these Terms, you assume all responsibility and risk of loss resulting from your use of the Website, the Services and/or the Posted Materials, including (without limitation) from your conduct on the Website and/or any material or information you upload to and/or access from the Website and from any and all use you make of such material or information. You agree to indemnify and hold National Gas Transmission and any of its subsidiaries, affiliates, officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered by them and all and any claims or legal proceedings which are brought or threatened by third parties, in each case arising either directly or indirectly from:
(a) any use by you of the Website, the Services and/or the Posted Materials including (without limitation) any direct or indirect distribution of any Posted Materials in any form to any third parties; and/or
(b) any breach by you of these Terms, including (without limitation) the uploading by you of any material to the Website whether in breach of these Terms or otherwise.
Intellectual Property Rights
National Gas Transmission owns or licenses all aspects of the Website, the Services and the Posted Materials including all written content, images, diagrams, photographs, data, software, technology, processes, specifications, formulae, algorithms, calculations, know-how, designs, trade marks and brands published on or incorporated in any of the foregoing (collectively, the “Content”). The Website, the Services, the Posted Materials and all Content are protected by copyright and other intellectual property rights and may not be reproduced, appropriated or used in any way other than as expressly permitted under these Terms without the written permission of National Gas Transmission or its licensors.
Unless specifically prohibited by a notice published on any page, you may print, download or distribute such parts of the Posted Materials as you reasonably require for your own personal or business use, provided that any such printed, downloaded or distributed part of the Posted Materials has attached to it any relevant proprietary notices and/or disclaimers and further provided that you accept full responsibility and liability for all such printing, downloading and/or distribution including (without limitation) for all use of or reliance on such Posted Materials by third party recipients of Posted Materials distributed by you. You may not directly, or through or by way of assistance to any third party, decompile, reverse engineer, disassemble or otherwise deal in or with or commercially exploit the Website, the Services, the Posted Materials or any Content other than as permitted by law.
If you breach any of the restrictions of this clause, your right to use the Website and/or the Services will cease immediately and you must, at our option, return or destroy/delete any copies of the Posted Materials including any Content you may have made and certify that you have done so.
National Gas Transmission expressly reserves all other rights relating to the Website, the Services, the Posted Materials and/or the Content.
Without prejudice to any other rights, National Gas Transmission may at any time, with or without prior notice to you, terminate or restrict your access to or use of this Website and/or the Services for any reason or no reason. Without limiting the generality of the foregoing, National Gas Transmission may terminate or restrict your access to or use of the Website and/or the Services if you do anything that may interrupt, impair or have an adverse effect on its or their functionality, availability or operation. You agree that National Gas Transmission will not be liable to you or any other party for such termination or restriction. On termination, we may, if applicable, remove any material relating to you and shall have no obligation to forward any unread or unsent messages to you or third parties.
Termination will not affect any of our or your previously accrued rights and/or liabilities.
Availability and Modifications
National Gas Transmission reserves the right, exercisable at any time with or without notice and without prejudice to any other rights or remedies: (i) to modify or discontinue, temporarily or permanently, the Website and/or the Services; and (ii) to remove or change any information or material on the Website and/or to change or discontinue any product or service referred to on the Website including services which have been or may be provided by National Gas Transmission or any other company. You agree that National Gas Transmission will not be liable to you for any loss or damage whatsoever in respect of any action it takes pursuant to this paragraph.
Costs of Access
You shall be responsible for obtaining access to the internet in order to view the Website and take advantage of the Services and shall pay any service fees, broadband charges or other costs associated with such access.
Viruses, Security and Compatibility
While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Website and the Services are virus-free or secure and National Gas Transmission shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. You are responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. National Gas Transmission gives no warranties as to the compatibility of the Website and the Services with your computer systems, software and/or hardware.
Other Websites and Links
From time to time we will make available to you hypertext links from the Website and/or the Services to third party sites. These sites are not in any way approved, checked, edited, vetted or recommended by National Gas Transmission and you agree that National Gas Transmission shall not be liable in any way for the content or availability of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. In particular, you understand and agree that when you access a third party site, even one containing the National Gas Transmission logo: (i) such third party site is independent from National Gas Transmission; (ii) National Gas Transmission has no responsibility for or control over the content on any third party website, even if linked to from the Website and/or the Services; (iii) any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party operator (or as otherwise agreed by you and the third party operator); (iv) National Gas Transmission shall have no liability whatsoever in relation to any such dealings, and provides no warranty whatsoever as to any goods or services purchased or obtained by you from third parties or offered by third parties to you through the Website and/or Services.
You accept that you are solely responsible for your dealings with any third parties, including advertisers and/or merchants, through the Website and/or Services, and for the terms, conditions, warranties or representations applicable to your dealings with such third parties.
If any provision of these Terms, or any part of a provision of these Terms, is found to be illegal, invalid or unenforceable, the remaining provisions, or the remainder of the provision concerned, shall continue in full force and effect. A failure or delay by National Gas Transmission in enforcing compliance with any provision of these Terms shall not be a waiver of that or any other provision of these Terms. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party. You may not assign, transfer, sub-contract or delegate any of your rights or obligations under these Terms. The headings used in these Terms are for convenience only and shall not affect interpretation. In these Terms, unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and any other body or entity; and (in each case) vice versa.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when sent by e-mail addressed to you at the e-mail address you have given us (if any) or to us at the e-mail address displayed on the Website.
These conditions of use are governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.