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Terms of use

This page explains the terms on which you may use our website enplanner.com ("the Website"). For simplicity our terms have been split into 3 parts:

(together, the "Terms of Use").

Please read these Terms of Use carefully (in particular clauses 2 and 3 of Part B) before you start to use this Website. By using this Website you are considered to have read, understood and accepted these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

Part A: General Terms of Use

  1. Information about us
  2. Accessing the Website
  3. Intellectual property rights
  4. Reliance on the Website
  5. Information about you and your visits to the Website
  6. Viruses, hacking and other offences
  7. Linking to the Website
  8. Links from the Website
  9. Breach of the General Terms of Use
  1. Information about us


    Our Website is operated by Encraft Limited ("we", "us", "our"), a limited company, registered in England and Wales under company number 04937978. Our registered office is at Brandon House Courtyard, Williams Street, Leamington Spa CV32 4HJ.

  2. Accessing the Website
    1. You may access our Website on a temporary basis.
    2. Due to the nature of the internet we cannot guarantee your use of the Website will be uninterrupted or that transmissions will be error-free. We will not be liable if for any reason the Website is unavailable at any time or for any period.
    3. We may temporarily withdraw, suspend or amend any part of the Website for repairs, routine maintenance or for any other reason without notice and without liability.
    4. We may permanently withdraw, suspend or amend any part of the Website and/or any service we provide on the Website for any reason without notice and without liability. We will always try to give you as much notice as we reasonably can before permanently withdrawing the Website.
    5. From time to time, we may restrict access to the whole or any part of the Website to registered users or account holders.
    6. You are responsible (at your own cost) for making all arrangements necessary for you to access the Website and to comply with these Terms of Use. We cannot and do not accept any responsibility for these and cannot guarantee the continued availability of any other person or services involved in providing the Website to you.
    7. You are responsible for ensuring that all persons (including, if applicable, any of your employees, agents, consultants, directors or representatives) who access the Website through your internet connection are aware of, and comply with, our Terms of Use.
  3. Intellectual property rights
    1. We are the sole or joint owner or the licensee of all intellectual property rights in the Website, in the information, data and material published on it (including but not limited to the name "Enplanner") (the "Content") and the Calculator. The Website, Content and Calculator are protected by copyright laws, treaties and other intellectual property laws around the world. All such rights are reserved. You also acknowledge that the Website contains Ordnance Survey data © (Crown copyright and database right 2010) and Royal Mail data © (Royal Mail copyright and database right 2010). You agree that your use of such information is subject to additional terms and conditions as set out in the Open Government License (link opens in a new window) or otherwise notified to you from time to time.
    2. Subject to clause 3.iii, you may print or download to a local hard disk extracts from the Website for your personal reference.
    3. Access to particular areas of the Website (including certain functions of the Calculator) may be limited to certain registered users. You are not permitted to access, print-off, download or copy such areas of the Website unless you have registered with us. You must comply with any applicable additional terms and conditions (such as the Project Terms in Part C) that apply to your access and use of such areas of the Website.
    4. You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website. You must always acknowledge the Website as the source of the material, (including the Website's address and any identified authors or contributors of the material) in any copies or extracts of the materials which you make.
    5. You may not copy, distribute, store, frame or otherwise transmit the Content or Calculator for any commercial use (other than as specified in clause 3.ii) without our express consent.
    6. We reserve the right at any time in our discretion to withdraw or modify the licence set out at clause 3.ii above.
  4. Reliance on the Website
    1. While we will use our reasonable efforts to ensure that any information we place on the Website is reasonably accurate (having regard to the level of data input into the Calculator), they are published without any guarantees, conditions or warranties as to their accuracy or completeness. As such, you are advised that the Content and the Calculator may contain technical inaccuracies or typographical errors.
    2. You are responsible for verifying the accuracy of the Content. The Content is not intended to amount to professional advice or any other type of advice on which reliance may be placed. We shall not be liable for your use of the Content or for any advice given to a third party based on such Content (or any reliance placed on them by a third party).
    3. We may make improvements or changes to the Website, Content, the Calculator or any goods or services offered on the Website, at any time and without advance notice. Any of the Content (including the Calculator) may be out of date at any given time, and we are under no obligation to update such Content.
    4. We give no warranty and make no representation, express or implied as to:
      1. the adequacy or appropriateness of the Website, Content or Calculator for your purpose;
      2. compatibility of the Website with your equipment software or telecommunications connection;
      3. compliance with any law; or
      4. non-infringement of any right.
  5. Information about you and your visits to the Website


    We will 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.

  6. Viruses, hacking and other offences
    1. The internet is not a secure environment and we cannot guarantee that the Website and the server are free of computer viruses or other harmful applications. We recommend that you regularly update your browser software and use up-to-date anti-virus software to ensure that your access to the Website is as secure as possible.
    2. You agree to use the Website only for lawful purposes. In particular, you agree not to:
      1. use the Website to receive, access or transmit material that is obscene, sexually explicit, defamatory, threatening, degrading, racist, in breach of confidence or in breach of third party intellectual property rights (including copyright) or otherwise objectionable or unlawful;
      2. use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. attack the Website or Database via a denial-of-service attack or a distribution denial-of service attack;
      4. access or attempt to access parts of the Website that you are not authorised to access;
      5. use the Website to gain unauthorised access to other computer systems or interfere with services to other host providers, networks or websites;
      6. use the Website to knowingly or recklessly transmit material (including, but not limited to viruses, trojan horses, worms, logic bombs, spyware or adware) or otherwise use the Website so as to cause harm to the Website, us or other users or which is likely to bring the Website or us into disrepute; or
      7. violate any other applicable law or regulation while using the Website.
    3. By breaching clause 6.ii, you may commit a criminal offence under the Computer Misuse Act 1990 (as amended from time to time). 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.
    4. We will not be liable for any loss, liability, cost or damage caused by a distributed denial-of-service attack, virus 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 on any website linked to it.
    5. We will determine, in our discretion, whether there has been a breach of this clause 6 through your use of the Website. We may take such action as we deem appropriate in the event of any breach.
  7. Linking to the Website
    1. 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, 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. You may not frame the Website on any other site nor create a link to any part of the Website other than the home page without our prior written consent. We reserve the right to withdraw linking permission without notice.
  8. Links from the Website
    1. Any link used on this Website is provided solely for convenience. A link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked site.
    2. We are not responsible for and have no control over the content of any websites that have links with this Website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage that may arise from your use of any linked website or its content.
  9. Breach of the General Terms of Use


    Failure to comply with the General Terms of Use constitutes a material breach of the Terms of Use.

Part B: Miscellaneous Provisions

  1. Jurisdiction and applicable law
  2. Our liability
  3. Your liability
  4. Consequences of a breach
  5. Access Outside The UK
  6. Changes to the Terms of Use
  7. Your concerns
  8. General
  1. Jurisdiction and applicable law
    1. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement you may wish to take court proceedings.
    2. These Terms of Use (and any associated non-contractual claims and disputes) are governed and shall be construed in accordance with English law.
    3. 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 Terms of Use in your country of residence or any other relevant country.
  2. Our liability
    1. Unless otherwise expressly stated in these Terms of Use, we shall have no responsibility for and expressly exclude any and all liability (whether in contract, tort (including, but not limited to, negligence) or otherwise) for any loss or damage (whether direct, indirect, consequential or special) incurred by you in connection with:
      1. your use of the Website;
      2. your inability to use the Website; or
      3. the results of the use of the Website, the Content or any websites linked to it.
    2. All conditions warranties, guarantees, representations and other terms which might otherwise be implied by statute, common law or otherwise are excluded by these Terms of Use to the extent permitted by applicable law.
    3. Nothing in these Terms of Use shall affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
    4. The presence of a third party's advertising or other content on the Website does not in any way give rise to or, otherwise imply, a recommendation, endorsement or other representation on our part in respect of the third party's products or services.
  3. Your liability


    You shall be responsible for (and indemnify us in respect of) any loss, liability, damage, cost and expense (including, without limitation, our reasonable administrative and legal costs) we suffer or incur as a result of your breach of these Terms of Use.

  4. Consequences of a breach
    1. If you breach any of the Terms of Use we may take any or all of the following actions:
      1. immediately, temporarily or permanently withdraw your right to use the Website;
      2. require you to change any passwords that you may use to access parts of the Website;
      3. immediately, temporarily or permanently remove any material uploaded by you to the Website including but not limited to a link to another website;
      4. issue you with a warning;
      5. issue legal proceedings against you;
      6. disclose such information to law enforcement authorities as we reasonably feel is necessary; or
      7. any other action we reasonably deem appropriate.
    2. Any termination of the Website or your access to the Website will not affect liability previously incurred by either of us to the other.
    3. No action we take under clause 4.i shall prejudice any other right or remedy we may have under these Terms of Use or at law.
  5. Access Outside The UK


    We cannot guarantee that the Website complies with all foreign and local laws and requirements outside the United Kingdom.

  6. Changes to the Terms of Use
    1. We may change these Terms of Use at any time. These Terms of Use were most recently updated on 23 April 2012.
    2. Any changes to these Terms of Use will be posted on the Website and will take effect immediately.
    3. You should check these Terms of Use periodically for any changes as they will bind you if you continue to use the Website.
  7. Your concerns


    If you have any concerns about the operation of this Website, please contact support@encraft.co.uk.

  8. General
    1. Headings are included for convenience only and shall not affect the construction or interpretation of these Terms of Use.
    2. We may assign, transfer, mortgage, charge, sub-contract, sub-licence or otherwise dispose of the whole or any part of our rights under these Terms of Use without notice. Your rights, obligations and remedies are personal and may not be assigned, transferred, mortgaged, charged, sub-contracted, sub-licensed or otherwise disposed of without our prior written consent.
    3. Any notice or written communication given under or in relation to these Terms of Use shall be given in writing and shall be delivered by hand or sent by special delivery post in permanent form to the address notified by you to us (and vice versa). Any such notice or written communication shall be deemed to have been severed when actually received or, if sent by special delivery mail and returned marked "gone away" or to the like effect, on return of such special delivery mail. We may also give notices or written communications in writing by email (in which case such notice or communication shall be deemed to be given at the time of transmission).
    4. If any part of these Terms of Use is found by a court to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
    5. If you breach these Terms of Use and we ignore this, we will still be entitled to enforce all these terms at a later date or in any other situation where you breach these Terms of Use.
    6. No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 or otherwise in respect of these Terms of Use.

Part C: Project Terms

  1. Definitions and Interpretation
  2. Access
  3. Withdrawal of the Service
  4. Payment
  5. Confidentiality
  6. Liability
  7. Termination
  8. Intellectual Property
  9. General
  1. Definitions and Interpretation
    1. In this Part C, any capitalised term included in Part A or Part B of these Terms of Use, shall, unless otherwise specified, have the same meaning throughout this Part C. In addition, the following terms shall have the following meanings:
      • "Account" — a registered user account through which you can manage your Credit balance and access your Energy Statements;
      • "Benchmark Data Level" — access to the Calculator which permits you to input information about building heating fuels for your development to produce an Energy Statement;
      • "Credit" — the fee payable for the Service in accordance with clause 2.iii;
      • "Energy Statement" — the energy statement (as applicable) produced by you from time to time using the Service;
      • "Input Energy Data Level" — access to the Calculator which permits you to input information about the results of its energy and CO2 estimates for your development to produce an Energy Statement; and
      • "Service" — the provision of the Benchmark Data Level or Input Energy Data Level access together with the ability to access your Account and any generated Energy Statement.
    2. Use of the Service is governed by Parts A, B and C of the Terms of Use. In the event of conflict, this Part C shall take priority over the other Parts of the Terms of Use, but only in relation to the Service.
  2. Access
    1. In order to access the Service you must:
      1. register for an Account; and
      2. have a Credit balance of at least one Credit. Credits can be purchased through your Account.
    2. Subject always to your compliance with clause 2.i, we grant you a personal, non-exclusive licence to access and use the relevant Service to generate an Energy Statement and to review and amend any such Energy Statement.
    3. One Credit is payable for each new project generated. Once an Energy Statement has been generated for that project, you are free to access and print off that Energy Statement as many times as you like. You may also access the Service to make changes to the data used to generate an existing Energy Statement, apart from the project location (postcode or applicable grid reference) and description, as this is locked for further editing when the project is created.
    4. You should use each Credit within 1 month of purchase. Any Credit which has not been used within 1 month of purchase shall become non-refundable. As such in the event the Service or Website is withdrawn you shall not be entitled to a refund of that Credit pursuant to clause 3.ii.
  3. Withdrawal of the Service
    1. The Services are provided subject to the remainder of these Terms of Use. In accordance with clause 2.v of Part A (General Terms of Use), the Service and/or access to your Account or any Energy Statement may be withdrawn, suspended or varied at any time.
    2. Subject to clauses 3.iii and 3.iv, if we permanently withdraw, suspend or block the User's access to the Service, your Account or an Energy Statement then we shall refund any Credit which has not been used and is less than 1 month old. This shall be your only remedy for unavailability. We shall not have any liability or responsibility for unavailability due to the unavailability of and/or problems with the internet or telecommunications supplies.
    3. We may temporarily withdraw, suspend or amend any part of the Service, your Account or an Energy Statement for repairs or routine maintenance without notice and without liability.
    4. We may permanently and/or temporarily withdraw, suspend or block your access to the Service, your Account or an Energy Statement without liability if you are in breach of these Terms and Condition and/or the Terms of Use and/or we suspect such a breach.
  4. Payment
    1. The Credit payable shall be the then current price for a credit to use the relevant Service set out on the Website from time to time.
    2. You must pay for the Credit (plus any applicable VAT and other taxes) in full in the currency specified on the Website, prior to accessing the Service and creating a project.
    3. Your Account will be deducted one Credit when each new project is created.
    4. If you fail to purchase sufficient Credit to pay for the activity on your Account we shall be entitled to suspend your use of the Service.
  5. Confidentiality
    1. Subject to clause 5.ii and the terms of the Privacy Policy, you and we shall each keep confidential the information of the other which is marked as confidential or which by its nature is confidential (including, without limitation, technical or financial information relating to yours or our business and the content and structure of an Energy Statement) obtained under or in connection with use of the Service.
    2. The provisions of clause 5.i do not apply to information that is in or comes into the public domain (other than as a result of breach of clause 5.i) or is already known to either you or us at the time of disclosure by the other or subsequently comes lawfully into yours or ours possession from a third party.
    3. Nothing in this clause 5 will prevent either you or us from disclosing information as is required by law or by any governmental or other regulatory authority acting within the scope of its powers to be disclosed.
  6. Liability
    1. Unless specified otherwise in these Terms of Use, we make no warranties, representations or guarantees with respect to the availability or performance of the Website, the Service and/or your Account.
    2. The cost of each Credit reflects the following limitations and exclusions of liability that each of you and we acknowledge and agree are reasonable.
    3. Save as provided in clauses 6.iv and 6.v, our total aggregate liability to you in respect of all causes of action arising out of or in connection with the Service, the Website or your Account (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) for each new project created using the Service shall not exceed the Credit deducted from your Account for such project.
    4. We shall not be liable for any claim to the extent that the claim relates to:
      1. loss of profits;
      2. loss of goodwill;
      3. loss of anticipated savings;
      4. loss of business opportunity;
      5. loss of data or use of data
      6. injury to reputation;
      7. third party losses;
      8. indirect, consequential or special loss or damage, regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether we knew or had reason to know of the possibility of the loss, injury or damage in question.
    5. Nothing in these Terms of Use shall affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
    6. Save in respect of your obligation to purchase Credits, neither you or us shall be liable to the other for any failure or delay in the performance of its obligations under this Part C to the extent that such failure or delay arises due to reasons beyond either yours or our reasonable control (including, but not limited to, acts of God, network difficulties, down-time or electronic malfunction).
  7. Termination
    1. We shall be entitled to terminate your Account immediately upon notice in writing to you if you commit a material breach of this Part C or any other part of the Terms of Use and:
      1. the breach is incapable of remedy; or
      2. the breach is capable of remedy and you have failed to remedy such breach within 30 days of the date of our written notice specifying the breach and requiring it be remedied.
    2. Save as provided below, each party's rights, liabilities and obligations under this Part C shall cease upon termination or expiry of your Account. Clauses 3.ii, 4, 5, 6, 8 and 9 and any other part of this Part C that expressly or by implication is intended to survive termination shall so survive.
  8. Intellectual Property
    1. Except as provided in these Terms and Conditions, we or our third party licensors retains all right, title and interest in and to the Calculator, the Website and all other content of the Website, including without limitation copyrights, trademarks, and other intellectual property rights.
    2. You shall own all intellectual property rights in the data used to generate an Energy Statement but you acknowledge that we shall own all intellectual property rights in the look and feel and/or layout of each Energy Statement.
  9. General
    1. This Part C together with the other Terms of Use (the "Contract") all the terms agreed by you and we relating to its subject matter and supersedes any prior agreements, understandings or arrangements between you and we, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or implied from anything said or written in negotiations between you and we except as set out in the Contract. Each of us acknowledges and accepts that, in entering into the Contract, you and we have not relied upon any representation, undertaking or promise except as set out in this Contract, save that nothing in the Contract shall limit or exclude liability for fraudulent misrepresentation.
    2. Nothing in the Contract shall prevent us from changing this Part C (or the Terms of Use in general) as we deem necessary or desirable from time to time. We will advise you when we make any changes to these Terms of Use by email.