Terms and conditions
We are National Energy System Operator Limited (NESO), a company registered in England and Wales under company registration number 11014226. Our registered office is at 1-3 Strand, London, WC2N 5EH.
These terms and conditions of use (Terms) explain how you may use this website and any of its content (neso.energy) (Website). These Terms apply between National Energy System Operator Limited (NESO, us or we) and you, the natural or legal person who uses or accesses the Website or the Services and each entity on whose behalf the user acts (user, you or your).
The Website and the related services including use of any portals and/or systems available on and from the Website including any AI systems (Services) are operated and managed by NESO.
Please read these Terms carefully as by using the Website and/or Services you agree to be bound by them. We reserve the right to vary the Terms at any time and will post any variations here. You are advised to review the Terms on a regular basis as you will be deemed to have accepted variations if you continue to use the Website and/or the Services after they 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.
These Terms apply to the Website, its functionality and content provided to you free of charge for information purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Website.
Wherever you are asked to provide information in connection with the Website or the Services, you agree to provide true, accurate, current and complete details. It may not be possible to provide you with the Services if you do not provide the mandatory information required. You do not have to provide us with any optional information requested.
Please refer to the Website's Privacy notice (which forms part of these Terms and Conditions) for more details of our data processing activities. Our Privacy notice explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query about the use of your personal information.
You agree to abide by all applicable laws, regulations and codes of conduct (including those that are self regulatory) and you agree to be solely responsible for all things arising from your use of the Website and the Services.
You agree that you will always respect the privacy of your fellow internet users. If you post any material on the Website or through the Services, you agree to grant NESO a perpetual, irrevocable, royalty-free licence to use any such material as we each see fit and without notice to you unless otherwise agreed in writing between you and us.
We make no promise that the Website is appropriate for use in locations outside of the UK. If you choose to access the Website from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
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 to 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 either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner 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 (eg names/addresses) without their prior consent.
Damage, interfere with or disrupt access to the Website or Services or do anything which may interrupt or impair their functionality.
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 abuse of either.
Save as authorised in these Terms or as agreed in writing between you and us, resell 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 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, other services or computer systems or areas of our, or any of our partners', networks which are identified as restricted.
Disclose any security details, such as logins or passwords, to any third parties and to keep such information secure.
All warranties, conditions, undertakings and other terms implied by statute, common law, custom, trade usage, course of dealing or otherwise are hereby excluded from these Terms to the fullest extent permitted by law.
Nothing in these Terms limits or excludes our liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation, or in any other circumstances where liability cannot be limited or excluded by law.
Subject to clause 4.1. and 4.2., under no circumstances shall NESO be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, (i) for any costs or expenses, (ii) for any loss of profit, business, contracts, revenues or anticipated savings, or (iii) for any special, indirect or consequential damage of any nature whatsoever incurred or suffered by you.
The information we provide to you should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such.
We make no warranty whatsoever as to any goods or services purchased or obtained or offered to you by third parties through the Website and/or Services. Your dealings with any third parties, in particular advertisers and/or merchants, through the Website and/or Services, and any terms, conditions, warranties or representations with such third parties, are solely between you and such third party.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
You agree to indemnify and hold NESO and any of their respective officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or Services and/or any breach of these Terms.
You will remain responsible and liable for material you upload onto, or access from, the Website and/or Services. In particular, you will indemnify NESO for your conduct in relation to your obligations under clause 3 titled "You agree not to".
NESO owns the intellectual property rights in the content published on the Website (in any text, images, video, audio or other multimedia content, software or other information or material submitted to the Website) or accessible through the Services except where otherwise indicated by a third party's proprietary notice. Images, trade marks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Website or information accessible through the Services as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers.
You agree not for yourself or through or by way of assistance to any third party to distribute, decompile, reverse engineer, disassemble or otherwise deal in or with the Website, the Services or materials therein or otherwise commercially exploit such material or content otherwise than as permitted by law.
NESO may terminate the Services, or restrict your access to them and the Website, refuse to sell/supply to or correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where: (i) there is a regulatory or statutory change limiting the ability to provide the Website and/or Services; (ii) any event beyond the reasonable control of NESO occurs which prevents us from continuing the Services (for example, and without limitation, technical difficulties, capacity problems and communications failures); (iii) NESO consider in our sole discretion that you are abusing the Website and/or Services or are otherwise acting in breach of these Terms.
On termination, we may remove any material relating to you, if applicable, including e-mail addresses and shall have no obligation to forward any unread or unsent messages to you or third parties, on termination your username and password may become available to others. Such termination will not affect any of your accrued liabilities incurred prior to such termination.
We reserve the right to monitor and track your visits to this Website and your use of the Services.
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, telephone charges or other costs associated with such access.
We try to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us.
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 and secure and NESO shall not be liable for any loss or damage which occurs as a result of any virus or similar breach of security. You shall therefore be responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. NESO advises that you run your own anti-virus software on any downloads from the Website. NESO give no warranties as to the compatibility of the Website and the Services with your computer systems, software and/or hardware.
We will use our endeavours to make sure that the Website is accurate, up- to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.
We may remove any information or material on the Website or accessible through the Services without warning, and without prejudice to any other accrued rights, and/or to make available such information or material when required to do so by law or when requested to by regulatory bodies or law enforcement organisations.
No warranty or representation is made in respect of the timeliness or accuracy of any information sent to you by the updating service.
We may suspend or terminate access or operation of the Website at any time as we see fit.
While we use our endeavours to make sure that the Website is available for your use, we do not promise that the Website will be available at all times or that your use of the Website will be uninterrupted.
From time to time, we may make available to you hypertext links from the Websites and/or the Services to third party sites. Any such hyperlinks or references are provided for your convenience only.
However, we have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. These sites are not in any way approved, checked, edited, vetted or recommended by NESO and you agree that NESO shall not be liable for any dealings that you may have, or the consequences of such dealings, with such third party site operators. In particular you agree that 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) and is at your own risk.
The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party's website, products or services.
A failure or delay by NESO 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 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.
These Terms constitute the entire agreement and understanding between NESO and you and shall supersede any prior agreement or representation in respect of your use of the website and the services.
We will use our endeavours to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible.
These Terms constitute the entire agreement and understanding between NESO and you and shall supersede any prior agreement or representation in respect of your use of the website and the services.
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.
Acceptable Use Policy
This Acceptable Use Policy sets out the content standards that apply when you use our Website and Services.
You and any authorised user must not attempt to gain unauthorised access to the Services, the server on which they are stored or any server, computer or database connected to the Services.
You shall use all reasonable endeavours to prevent any unauthorised access to, or use of the Services and, in the event of any such unauthorised access or use, promptly notify us.
You shall not access, store, distribute or transmit any viruses, trojans, worms, logic bombs, or any other material during the course of your access to and/or use of the Services and shall not otherwise use the Services in any way that:
- is malicious, unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images or sexually abusive content;
- depicts terrorist images or content or otherwise promotes unlawful violence;
- promotes, transmits, or send unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- is discriminatory based on race, gender, religious belief, sexual orientation, disability; or
- is otherwise illegal or causes damage or injury to any person or property.
We reserve the right, without liability or prejudice to our other rights to you under this acceptable use policy to disable your (or any authorised user’s) access to the Services or any material that breaches the provisions of this clause.
You shall not (and shall ensure that authorised users do not):
except as may be allowed by any laws or as expressly permitted:
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services (as applicable) in any form or media or by any means;
- attempt to de-compile, reverse compile, disassemble, reverse engineer, create derivative works from or otherwise reduce to human-perceivable form all or any part of the Services;
- alter or remove any copyright, trademark, notice of Intellectual Property Rights or any other protective notice within the Services;
- access or use all or any part of the Services in order to build a product or service which competes with the Services;
- use the Services to provide services to third parties;
- use the Services in any way that breaches the laws, or is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except authorised users,
- perform any activity or cause or permit anything that is reasonably likely to be disruptive or dangerous to us, our business, our employees, agents or subcontractors, or any of our customers;
- attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided under this Acceptable Use Policy; or
- introduce or permit the introduction of, any virus or vulnerability into our network and information Services.
Any content or confidential information you provide to us must:
- comply with the restrictions set out above;
- be accurate;
- not advertise or promote any services or web links to other sites; or
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any content or confidential information as well as to its whole.
We will determine, in our discretion, whether any content or confidential information breaches our Content Standards.
You must tell us immediately, if you upload content or confidential information in breach of this Acceptable Use Policy.
When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the agreement upon which you are permitted to use our site, and may result in us:
- immediately, temporarily or permanently withdrawing your right to use the Services.
- immediately, temporarily or permanently remove of any content or confidential information uploaded by you to our Services; or
- issue of a warning to you.
We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.