Terms of Website Use

  1. Introduction

    1. These terms and conditions (the “Terms“) (together with the documents referred to in them) tell you the terms of use on which you may make use of our website: www.kinewell.co.uk (the “Website“), whether as a visitor or a registered user.
    2. Please read these Terms carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please do not use the Website.
      The Terms are structured into the following sections:
      Information about us
      Accessing the Website
      Intellectual property rights
      Reliance on information posted
      The Website changes regularly
      Acceptable use and your responsibilities
      Reporting abuse
      Our liability
      Information about you and your visits to the Website
      Linking to the Website
      Links from the Website
      Jurisdiction and applicable law
      Your feedback
  2. Information about us

    The Website is a site operated by Kinewell Energy Ltd (“we” or “us” or “our“). We are a limited company registered in England and Wales under company number 8710938 and have our registered office at 9 Jackson Street, North Shields, Tyne and Wear, NE30 2JA.

  3. Accessing the Website

    1. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
    2. From time to time, we may restrict access to some or all of the Website to users who have registered with us.
    3. If you choose, or 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, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these Terms.
    4. When using the Website, you must comply with the provisions of these Terms, including but not limited to Clause 7. (Acceptable use and your responsibilities) below. These Terms refer to the following additional policies, the terms of which also apply to your use of the Website:
      1. Our Privacy Policy.
      2. Our Cookie Policy.
    5. If you purchase or subscribe to services from the Website or otherwise our standard terms will apply and these are available separately.
    6. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them. You must use your own details when using the Website and must not impersonate any other person.
    7. You may deactivate your account registration by contacting us at enquiries@kinewell.co.uk This will not cancel or terminate any separate agreement or licence you have entered into with us for the provision of services.
  4. Intellectual property rights

    1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by relevant laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, or any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to the material posted on the Website.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) and the authors of material on the Website must always be acknowledged.
    5. If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    6. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell or exploit for any purposes any aspect of the Website or any goods and services we supply to you without obtaining a licence to do so from us or our licensors.
    7. When you provide us with content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use that content, including but not limited to by exercising the copyright, publicity, and database rights to such content.
  5. Reliance on information posted

    1. Commentary and other materials which may be posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or registered user of the Website, or by anyone who may be informed of any of its contents.
  6. The Website changes regularly

    We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  7. Acceptable use and your responsibilities

    1. You will keep your username and password private and take all reasonable security precautions when using the Website. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@kinewell.co.uk
    2. You acknowledge that the internet is never 100% secure and that whilst we will take every reasonable precaution to protect your details, we cannot guarantee its security or that the Website will be secure or free from bugs or viruses. You are solely responsible for the choices you make whilst using the Website, for securing and backing up your content and for your safety.
    3. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
    4. You must not send any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited communication (spam), chain letters or pyramid schemes.
    5. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
    6. You must not impose an unreasonable load on our infrastructure or interfere with the proper working of the Website. You must not collect content by automated means without our express consent and you must not bypass measures used to prevent or restrict access to the Website.
    7. You must not harvest or otherwise collect information about others, including email addresses.
    8. You are responsible for reviewing and complying with the terms and conditions, privacy policy and security standards of any third party websites the Website is linked to or from. We are not responsible for third party websites.
    9. It is your responsibility to ensure that you perform any necessary due diligence or safety checks prior to adding any information or requests to the Website.
    10. It is your responsibility to ensure that you comply with laws and regulations, in particular all applicable data protection and privacy legislation in force from time to time in the UK including without limitation the retained EU law version of the General Data Protection Regulation; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 (as amended) (“Data Protection Law“).
    11. You must use the Website and the links to and from it in an appropriate and acceptable manner. We will not tolerate any use of the Website which damages or is likely to damage our reputation, the availability or functionality of the Website or which causes us or threatens to cause us to incur any liability of any kind.
    12. You may only use the Website for lawful purposes. You must not use the Website in any way that breaches any applicable local, national or international law or regulation. It is your responsibility to check that you are in compliance with local laws and regulations. You must not act in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  8. Reporting Abuse

    1. Please report problems, any offensive content and policy breaches to us using our reporting system at website@kinewell.co.uk.
    2. Without limitation to other remedies that may be available to use, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off the Website if we think that they are creating problems or acting inconsistently with our policies. Please note that whether or not we decide to take any of these steps, we do not accept any liability for monitoring the Website or for any unauthorised or unlawful content on the Website or use of it by users.
  9. Our liability

    1. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
    2. We cannot guarantee continuous, error-free or secure access to the Website or that defects will be corrected. We will use reasonable efforts to maintain an uninterrupted service but we will not be liable to you for any loss or damage arising under or in connection with use of, or inability to use, the Website.
    3. Accordingly, the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
      1. All conditions, warranties and other terms which might otherwise by implied by statute, common law or the law of equity.
      2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any material posted on it, including:
        1. Loss of income or revenue;
        2. Loss of business, business opportunity or sales;
        3. Loss of profits or contracts;
        4. Loss of anticipated savings;
        5. Loss of data;
        6. Business interruption;
        7. Loss of goodwill or reputation;
        8. Wasted management or office time; and
        9. Whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    4. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
    5. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in separate terms and conditions.
  10. Information about you and your visits to the Website

    We will only process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate and up to date.

  11. Linking to the Website

    1. You may link to our home page, provided you ask our permission and do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link from any website that is not owned by you.
    3. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
    4. We reserve the right to withdraw linking permission without notice.
    5. The website from which you are linking must comply in all respects with the content standards set out in Clause 7. (Acceptable use and your responsibilities) above
  12. Links from the Website

    1. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should read the terms and use and privacy policy of any third party sites.
  13. Employment Opportunities

    1. We may from time to time advertise employment opportunities at Kinewell Energy Ltd on the Website. We will be under no obligation to provide an offer of employment in relation to any such opportunities and any recruitment will be undertaken in accordance with our recruitment policy.
  14. Other

    1. We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
    2. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
    3. Nothing in these Terms is intended to create any partnership, agency or employment relationship between you and us.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. We may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website. If you are unhappy with our service, we strongly encourage you to first contact us directly to seek a resolution by contacting us at website@kinewell.co.uk. We will consider reasonable requests to resolve any dispute between us. You agree that any dispute will be determined by way of alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
    7. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. In the event of any conflict between these Terms and the terms of linked third parties, these terms shall prevail.
  15. Jurisdiction and applicable law

    1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
    2. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  16. Your feedback

    If you have any concerns about material which appears on the Website, please contact us at enquiries@kinewell.co.uk.