Everflow terms of use
These terms tell you the rules for using our website www.everflowutilities.com (“our site”).
WHO WE ARE AND HOW TO CONTACT US
www.everflowutilities.com is a website operated by Everflow Limited (“We”). We are registered in England and Wales under company number 09651912 and have our registered office at 2 Traynor Way, Peterlee, SR8 2RU. Our VAT number is 263 496 300.
Please contact us by email at customer.services@everflowutilities.com or telephone our customer service line on 0330 6600 137.
BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our sites. We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of use refer to our Privacy Policy, which applies to how we collect, process and store your personal information. You can find a copy of our Privacy Policy on our sites.
If you purchase any of our Services, our standard terms and conditions of supply will also apply and will be forwarded to you.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in March 2023.
WE MAY MAKE CHANGES TO OUR SITES
We may update and change our sites from time to time to reflect changes to our Services, our customers' needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITES
Our sites are made available free of charge. We do not guarantee that our sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons.
You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.
OUR SITES ARE ONLY FOR USERS IN THE UK
Our sites are directed to people residing in the United Kingdom. We do not represent that content available on or through our sites is appropriate for use or available in other locations.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
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.
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 of use.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly email us at customer.services@everflowutilities.com or by telephone on 0330 6600 137.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights on our sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off copies, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content on our sites.
You must not modify the paper or digital copies of any materials you have printed 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.
Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.
You must not use any part of the content on our sites for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
DO NOT RELY ON INFORMATION ON OUR SITES
The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.
Although we make reasonable efforts to update the information on our sites, we make no representations, warranties, or guarantees, whether express or implied, that the content on our sites is accurate, complete, or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our sites contain links to other external 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 external sites or resources.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We exclude all implied conditions, warranties, representations or other terms that may apply to our sites or any content on them.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our sites; or
(b) use of or reliance on any content displayed on our sites.
In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our standard terms and conditions of supply.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in this Privacy Policy.
ACCEPTABLE USE OF OUR SITES
You may use our sites only for lawful purposes. You may not use our sites:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of these terms of website use; and
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of our sites;
(ii) any equipment or network on which our sites are stored;
(iii) any software used in the provision of our sites; or
(iv) any equipment or network or software owned or used by any third party.
CONTENT STANDARDS
When you upload or post content to our sites (Contribution), you grant us the right to use that content to contact you or provide our Services to you (as applicable).
A Contribution must:
(a) be accurate (where it states facts);
(b) be genuinely held (where it states opinions); and
(c) comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
(a) be defamatory of any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trademark of any other person;
(g) be likely to deceive any person;
(h) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be in contempt of court;
(k) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(l) be likely to harass, upset, embarrass, alarm or annoy any other person;
(m) impersonate any person, or misrepresent your identity or affiliation with any person;
(n) give the impression that the Contribution emanates from Everflow Limited, if this is not the case;
(o) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
(p) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
(q) contain any advertising or promote any services or web links to other websites.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our sites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.
You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the servers on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites 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 our site will cease immediately.
RULES ABOUT LINKING TO OUR SITES
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
You must not establish a link to our sites on any website that is not owned by you.
Our sites must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of the content on our site other than that set out above, please contact customer.services@everflowutilities.com.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
These terms of use, their subject matter and their 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.