ThermaSolutions (us or we) provide online calculation and productivity tools to heating, plumbing, engineering, construction, renewable energy industries and other subscribers via internet based applications on a paid subscription basis.
Acceptance of the following terms and conditions and payment of the relevant subscription fee is a your acknowledgement, agreement and understanding to be bound by these terms and conditions as the subscriber.
The term of this agreement shall be the period of subscription selected at the time of purchase and shall commence following the successful processing of payment. The agreement shall expire on the expiry of the selected subscription term or following such earlier event as stipulated by this agreement.
The price of the subscription shall be the price advertised as applicable to the selected subscription package and subscription term at the time of purchase. The subscriber is liable for the entire subscription fee applicable to the selected subscription term regardless of early termination or monthly payment. Payment of the subscription fee on a monthly basis is deemed to be and accepted as part payment of the entire fee for the purchased subscription package and subscription term by the subscriber.
All subscriptions are non-refundable. Any remaining term or credit on an existing subscription account is not redeemable, transferrable or able to be carried forward to newly purchased subscriptions.
Subscription cancellations can only be made within the final month of the expiry of the current selected subscription term. New subscriptions downgrades are not permitted during a current active subscription term. New subscription upgrades are permitted during a current active subscription term where permitted.
Access to the online tools subscribed to are provided to the subscriber and its authorised employees and agents on a non-transferable basis for the duration of the subscription term for the purposes of the subscribers internal business operations.
The subscriber will use all reasonable endeavours to prevent any unauthorised access to or use of the online tools and, in the event of any such unauthorised access or use, promptly notify us.
The maintenance of accounts and subscriptions is the sole responsibility of the subscriber.
We use all reasonable endeavours to ensure the accuracy, precision, suitability and completeness of the online tools offered to the subscriber, however make no statement or representation about the suitability of the online tools to a particular subscriber or market sector.
The guidance, recommendations and other output data of the online tools are not intended to be exhaustive or definitive and it will be necessary in all instances for the subscriber to exercise their own professional judgement and discretion when utilising the guidance, recommendations and other output data.
We along with all other parties involved in the creation and publication of the online tools accept no liability either directly or indirectly for any injury, death, loss, damage, delay, loss of profits, loss of business, depletion of goodwill and/or similar losses arising out of or in connection with use of the online tools or the guidance, recommendations or other output data generated.
The subscriber agrees to use the online tools at their own risk and assumes sole responsibility and liability for any acts, omissions or conclusions arising from the use of the online tools.
The subscriber agrees that it shall not:
(i) unless expressly permitted by law, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the online tools (including its software) in any form or media or by any means; or
(ii) unless expressly permitted by law, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the online tools; or
(iii) access all or any part of our services in order to build a product or service which competes with our services; or
(iv) license, sell, rent, lease, transfer, assign, distribute, display or otherwise make the guidance, recommendations and other ouput data generated by the online tools available to any third party (including its customers).
Data saved by the subscriber during use of the online tools and data stored by us may be removed or deleted on the expiry of the subscription term without notice. Data saved or stored cannot be moved, duplicated or copied to other subscription accounts.
All data is kept private and confidential.
We accept no liability either directly or indirectly for any loss of data, destruction, unauthorised access, server failure, subscription errors, deletion, breach, restriction, hacking, alteration, violation, abuse, or the anything of the like either during the subscription term or following expiry of subscription.
If, as a result of using the online tools, we process any personal data of the subscribers customers, we shall process that data only in such a manner as is reasonably necessary to supply the online tools in accordance with these terms, as required by any applicable law or in accordance with the written instructions of the subscriber. The subscriber shall be the data controller for the purposes of the Data Protection Act 1998. We shall implement technical and organisational measures to protect this data against unauthorised or unlawful processing and accidental loss, destruction, alteration or disclosure. We shall not publish, disclose or divulge that data to any third party, nor allow any third party to process that data without the subscribers prior written consent, however, such data may be transferred outside the European Economic Area and the subscriber will need to, and undertakes to, inform the subscribers customers of this.
Any activity considered to be unauthorised, inappropriate, unlawful, suspicious or against these terms and conditions or failure to pay the relevant monthly payments during the subscription term will lead to immediate account suspension or deactivation without prior notification.
Nothing in these terms and conditions shall limit or exclude liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by English law.
Other than for the above that cannot be limited or excluded by English, the total aggregate liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) shall be limited to the equivalent of the total subscription fee applicable purchased by the subscriber during the 12 months immediately preceding the date on which the claim arose.
The use or re-creation of the concept, idea, method and system including the look and feel or anything substantially similar to the online tools is strictly prohibited. All intellectual property rights including graphics, text content, code, photos, artwork, designs, data, calculations, visual elements and licence are the property of us.
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law excluded from this agreement.
If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
These terms and conditions and any dispute or claims arising out of or in connection with them or the subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England.
We may change these terms at any time by notifying the subscriber of a change when the online tools are next accessed. The new terms may be displayed on-screen and the subscriber may be required to read and accept them to continue to use the online tools.
I accept the terms and conditions