This page was last updated on: 5th January 2016
References in these Terms to:
- “we”, “us” and “our“ are references to the Company;
- “you” or “your” are to you and any third party on behalf of whom you are using the Website, whether as a user or registered user;
- “use” or “using” includes using, accessing, viewing, downloading, printing, copying, replicating or adapting;
- “including”, “include” and words and expressions having a like meaning or nature shall mean including without limitation; and
- general words introduced by the word "other" and matters introduced by the words “in particular” or “particularly” shall not be given a restrictive meaning by reason of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things.
By using our Website, becoming a registered user or using any of the Content, you confirm that you have read and accepted these Terms which constitute a legally binding agreement between you and us. Where you are using our Website, becoming a registered user or using any of the Content on behalf of a third party, your acceptance of these Terms confirms that you are authorised to accept these Terms and make an agreement on behalf of such third party, and your acceptance accordingly constitutes a legally binding agreement also between such third party and us.
If you do not wish to accept these Terms, you must not proceed to use our Website or our Content. If you do use our Website or our Content you agree that you do so on these Terms.
We recommend that you read these Terms carefully and retain a copy for your records. These Terms incorporate our Privacy & Cookies Policy which contains additional terms which also apply to your use of our Website.
The Website is operated by the Company. LCCC is a private limited company designated by the Secretary of State for Energy and Climate Change pursuant to the Energy Act 2013 and the Contracts for Difference (Counterparty Designation) Order 2014 as the Counterparty to the Contracts for Difference (“CfDs”). ESC has been established pursuant to the Energy Act 2013 and Electricity Capacity Regulations (2014) as the Capacity Market settlement body retaining overall accountability and control of the settlement process (as such terms are described in the Energy Act 2013).
We are wholly owned by the Secretary of State for the Department of Energy and Climate Change (“DECC”) and our registered office is at Fleetbank House, 2-6 Salisbury Square, London, EC4Y 8JX.
LCCC’s company number is: 8818711 and VAT number is: 227 7014 21
ESC’s company number is: 08961281.
We are a public authority under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. Certain information held by us may be accessible by the public upon written request, subject to certain limited exemptions where the public interest in the exemptions being applied outweighs the public interest in disclosure.
Changes to the Terms
We may revise these Terms at any time by amending this page. By accepting these Terms you accept that we have the right to amend these Terms at any time and that such amendments are binding upon you on and from the date they appear on our Website.
We recommend that you check this page from time to time so that you are aware of any revisions we make to these Terms.
Your Use of our Website
The information on this Website is primarily intended for the organisations participating in the CfD and Capacity Market processes and anyone seeking information about these processes and the activities of the Company.
Access to our Website is permitted on a temporary basis. We may, without notice, suspend, withdraw, discontinue or change all or any part of our Website, the Content or your access to either. We will not be liable to you if we do so or if for any reason our Website is unavailable at any time or for any period.
- you are permitted to use Content and the Website for operational and internal business purposes only, you may not use, commercially exploit, transmit or make available to the public or any third party the Website or its Content without our prior written consent;
- you must comply with the Content Standards set out in the ‘Contents Standards’ section below;
- you must not remove, adapt, alter or obscure any Content including copyright and other proprietary notices or disclaimers;
- you may not misuse the Website or Content posted on it and in particular you shall not:
- use the Website in any way that breaches applicable local, national, EU or international law;
- breach any of our rights, or those of third parties;
- breach our or third party intellectual property rights (including copyright, trademarks and database rights);
- disassemble or decompile, reverse engineer or otherwise attempt to discover any source code or underlying data contained in the Website or the Content;
- submit unlawful, objectionable, defamatory, obscene, inappropriate, false, inaccurate or misleading content or information to us or the Website;
- use the Website in a way that causes, or is likely to cause, the Website or any access to it to be interrupted, damaged or impaired;
- use the Website or any of its Content in such a way as to cause us any loss or damage, including to our reputation;
- bypass measures used to prevent or restrict your access to the Website; or
- collect information about any user, or use any scraper, web crawler, data mining, data gathering, data extraction or other automated means, program, software or tool to access the Website and collect content or information, without our prior written consent;
- if you submit information to us, you warrant that you have the right to submit such information and that it does not infringe the rights, including but not limited to intellectual property rights, of any third party and that nothing in the information contains confidential information or personal data you are not authorised to provide; and
- you must comply with all of our Website policies contained or referred to in these Terms.
Additional Conditions for Registered Users
Our secure area is intended to provide a space to facilitate the participation of electricity generators and suppliers in the CfD, Capacity Market and settlement processes. Any application to become a registered user must be approved by our Website moderator. Once approved, registered users will be provided with a user identification code and password as part of our security procedures.
You must ensure that any information you provide in your application to become a registered user is true, accurate, complete and up-to-date. If this information changes you must promptly notify us at email@example.com
You are reminded that if you are using the Website (which includes registering to use and using the secure area) on behalf of a third party, such third party is bound by these Terms.
You must keep your user identification code and password confidential and not disclose them to any third party or use or attempt to use a third party’s user identification code or password to gain access to the secure area. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
We have the right to disable any user identification, code or password, whether chosen by you or allocated by us, at any time and without notice, if in our reasonable opinion, you have failed to comply with any of the provision of these Terms. This right is in addition to any other rights or remedies we may have as a result of your breach of these Terms. We may cease to provide or withdraw your access to and use of our secure area at any time and without notice.
We may from time to time provide interactive services on our Website, including without limitation:
- Bulletin Boards
- News feeds
Where we provide any interactive service, we may choose to moderate the content. However, we are under no obligation to oversee, monitor or moderate in any way any interactive service we provide on our Website and, as further stated under ‘Limitation of Liability’ (see below) we do not make any guarantees, representations or warranties in this regard and shall not have any liability whatsoever for any loss, damage, cost or expense arising from or in connection with the use or wrongful use of any of our interactive services by you or any other person.
We will use reasonable endeavours to assess possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Should a concern or difficulty arise during your use of any interactive content, please contact us at email@example.com
These content standards apply to any and all material which you contribute to our Website (“contributions”), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; and
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Intellectual Property Rights
Unless otherwise stated, we are the owner or licensee of all intellectual property rights in our Website and the Content. These works may be protected by copyright laws and treaties around the world. All such rights are reserved. You agree that you shall not assert any rights (including intellectual property rights) to any Content as against us.
Where expressly identified as such, certain documents and publications may be subject to Crown Copyright and your licence to use these documents is under the terms of the Open Government Licence.
In respect of all other Content, you may use the Content as set out in these Terms.
Limitation of Liability
Your attention is particularly drawn to this section “Limitation of Liability” regarding the extent of and limitations on our liability to you.
We do not and shall not be deemed to give any representation, warranty or guarantee whatsoever (whether express or implied) in relation to the Website or the Content or your use thereof. In addition, we shall not have nor be deemed to have any duty of care, responsibility, obligation or liability whatsoever and howsoever arising (whether directly or indirectly) to you or any other party in relation to each or any of the Website, the Content or your use of either, whether in contract, delict, tort (including negligence) or otherwise.
Without limiting the generality of the foregoing, we do not and shall not be deemed to represent, warrant or guarantee each or any of the matters set out below and we shall not have nor be deemed to have any duty of care, responsibility, obligation or liability in relation to (1) any of these matters, or (2) in relation to their occurrence or non-occurrence, or (3) for any act or omission on our part or on the part of our directors, officers, employees, agents, affiliates, consultants, contractors and sub-contractors, in relation thereto:
- that access to the Website and/or the Content is or will be continuous, available or uninterrupted;
- that the Website and/or the Content is, are or will be reliable, error-free, accurate, comprehensive, complete or up-to-date;
- as to the suitability, usefulness, accuracy, comprehensiveness, completeness or reliability of any Content (including any guidances, statements, comments, answers to frequently asked questions (or ‘FAQs’), models or modelling, forecasts, estimates, assessments, assumptions or sensitivities forming part of the Content);
- that the Website or any Content is being moderated, monitored, checked or overseen (including in relation to the use of any interactive service);
- that any Content is current or is being maintained, updated or refreshed (including any models or modelling, forecasts, estimates, assessments, assumptions or sensitivities);
- that any Content will be kept current or be maintained updated or refreshed or removed if it becomes or is likely to become out of date or inaccurate, irrespective of whether or not, and when, we become aware of this. In particular, but without limiting the generality of the foregoing, this applies to the Transparency Tool (including the 15 month forecasts published thereon);
- as to the or any method or quality of compilation, preparation, derivation, processing, production, creation or publication of any Content (including without limitation of any models or modelling, forecasts, estimates, assessments, assumptions or sensitivities forming part of the Content);
- as to the quality, suitability, accuracy, appropriateness, method or quality of build, compilation, preparation, processing, production or creation of or relating to any model, tool, software, system, computer or other programme or thing used (whether directly or indirectly) to compile, prepare, derive, process, produce or create any Content or from which Content is derived (including our product known as the ‘Supplier Obligation Forecasting Model’ and/or our product known as the ‘Transparency Tool’);
- that we will fix errors or interruptions to the Website and/or the Content at all or on a timely basis;
- that the Website and/or the Content are or will be secure or virus free;
- that the Website and/or the Content are or will be fit for any particular purpose;
- that the Website and/or the Content are or will be compatible with any systems; and
- that the Website and/or the Content do not infringe the rights (including the intellectual property rights) of any third parties.
Without limiting the generality of the foregoing provisions, we will not be liable or responsible for each of or any of the following in relation to the Website, the Content or the use of it by you or any third party (and in each case whether or not foreseeable):
- any direct, indirect or consequential losses, damages, costs (including professional fees) and expenses;
- loss of actual or anticipated profits, sales, savings, business or revenue;
- business interruption;
- loss of business opportunity, goodwill or reputation; or
- any loss, damage, costs (including professional fees) and expenses caused by a virus, distributed denial of service attack or any other technologically harmful material that may infect your computer equipment or device on which you access the Website or on any other website linked to it.
You accept and agree that your use of the Website and/or the Content is (without limitation or qualification) at your own risk. You agree that you will not and have not and shall not claim or assert that you have placed any reliance on upon the Website and/or the Content for any purpose or particular purpose whatsoever, including for any investment, financial, business or operational decision or action. The Website and the Content not intended to be regarded as advice and you should seek your own legal and other professional advice as appropriate.
Without prejudice to any of the foregoing, you release us (and our directors, officers, employees, agents, affiliates, agents, consultants, contractors and sub-contractors) from all responsibilities and liabilities whatsoever and howsoever arising in relation to each of the Website and the Content.
We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Notwithstanding any other provision, we do not limit or exclude our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation or any other matter which it is unlawful to exclude or restrict.
You agree to indemnify each of LCCC and ESC against each and all claims, demands, proceedings, actions, liabilities, costs, expenses, damages and losses (including direct, indirect or consequential losses, loss of profit and loss of reputation) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with each or any of your use of the Website and/or the Content, the use of the Website and/or the Content by any other person who gains access through you and/or any breach by you or by such person of these Terms.
We do not guarantee that the Website will be secure or free from bugs or viruses and we accept no liability in this regard. You are responsible for using your own virus protection software to protect yourself and your organisation.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Website.
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.
You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk, and the limitations and exclusion of liability provisions set out above will apply to your use of this Website by linking to it.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources and make and give no warranties, representations or guarantees in relation thereto.
Privacy and Cookies
If any of these Terms are deemed invalid, illegal or unenforceable for any reason (including, but not limited to, the exclusions and limitations set out above) then the invalid or unenforceable provision will be deemed deleted from these Terms and the remaining provisions will continue to apply.
No failure or delay by us in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
These Terms are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to them. LCCC and the ESC may each enforce these Terms on behalf of the other.
These Terms are governed by and construed in accordance with the laws of England and Wales and the parties agree to submit any dispute to the exclusive jurisdiction of the courts of England.
Feedback or Complaints
If you have any comments of complaints or wish to contact us for any other reason please email firstname.lastname@example.org
If you wish to opt out of any mailing, newsletter or other email, please email email@example.com
Thank you for visiting our Website.