Terms & Conditions

Last updated: 3rd September 2013

Introduction

This UK H2Mobility website (www.ukh2mobility.co.uk) ("Website") is operated by ITM Power PLC ("ITM") (who is registered in England at 22 Atlas Way, Sheffield, S4 7QQ, Company No. 05059407, VAT Number GB847508109) on behalf of a consortium of participants (the "UK H2Mobility Project") from the fuel cell technology, energy utility, industry gases, fuel retail and global car manufacturing sectors together with a European public-private partnership, three UK Government Departments, the Devolved Administrations and the Greater London Assembly ("we" or "us"). The participants of the UK H2Mobility Project are as follows:

  • Air Liquide SA
  • Daimler AG
  • Hyundai Motor Company
  • Intelligent Energy Limited
  • ITM Power PLC
  • Johnson Matthey PLC
  • Morrisons
  • Nissan Motor Company
  • Sainsbury's
  • SSE plc
  • The BOC Group Limited
  • Toyota Motor Corporation
  • Department for Business, Innovation and Skills
  • Department for Energy and Climate Change
  • Department for Transport
  • Transport Scotland
  • Welsh Government
  • Greater London Authority
  • Fuel Cells and Hydrogen Joint Undertaking

For further information about these participants then please see our members page.

These Terms and Conditions (together with the documents referred to in it) tell you the terms of use on which you may use our Website. By accessing and using our Website you acknowledge and agree to abide by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our Website.

Applicable Terms

These Terms and Conditions refer to (amongst others), our:

  • Privacy Policy which sets out the terms on which we process information about you. By using this Website, you consent to such processing and you warrant that all data provided by you is accurate; and
  • Cookies Policy which sets out information about the cookies on our Website.

Use of our Website

General use: We may suspend or restrict access to some parts of our Website, or entire Website without notice. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or services obtained from our Website. You agree that you will not use our Website for any purpose that is unlawful or prohibited by these Terms and Conditions. We will not be liable if for any reason our Website is unavailable at any time or for any period.

Virus, hacking and other offences: You must not misuse our 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 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. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 to your downloading of any material posted on it, or on any website linked to it.

Changes and Updates to our Website

We reserve the right to change the Terms and Conditions at any time without notice. You will be subject to the Terms and Conditions in force at the time that you use the website.

We may update our site from time to time, and may change the content at any time. However, material on this website may be out of date at any given time, and we are under no obligation to update such material. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accuracy of our Website

Whilst the information provided on our Website is given in good faith by us, our Website is provided on an “as is” basis. The material displayed on our Website is provided without any representations, guarantees, conditions or warranties as to its accuracy and completeness. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We disclaim to the extent permitted by law, all liability and responsibility arising from any reliance placed on such materials.

The information contained on our Website may be changed or updated without notice. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Links and Resources

  • Links from our Website: Does not imply endorsement or creditability of the service, information, or product offered through the linked websites. We have no control over the contents of those sites or resources. If you access any third party websites linked to our Website, you do so entirely at your own risk. In addition, you must not take any information as establishing any contractual or other commitment binding upon us or any of our subsidiaries or associated companies.
  • Links to our Website: You may link to our homepage, 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 site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
  • User submissions: Any comments or materials sent to us, any participant of the UK H2Mobility Project or any of its subsidiary or associated companies through our Website, including answers to questions or suggestions, shall be deemed to be non-confidential and non-proprietary. We reserve the right to reproduce, use or transform such comments or materials without limitation. We do not endorse any of your submissions or any opinion, or recommendation, expressed by you, and we disclaim any and all liability in connection with such submissions. By posting, uploading, or submitting any content including but not limited to ideas, concepts, know-how or techniques you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable licence to use distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your submissions in whole or in part and to incorporate such submissions for any and all commercial or non-commercial purposes.

Limitation of Liability

Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user 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:

  • use of, or inability to use, our site; or
  • use of, or reliance on, any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. 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.

Indemnification

You agree to indemnify and hold us and our officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website other than in accordance with the permitted use as described in these Terms and Conditions.

Copyright

© Copyright 2013 UK H2Mobility Project. All rights reserved. Any text, images, graphics, sound files, animation files, video files, and their arrangement on this website are subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. This website may also contain images that are subject to third party copyright.

Intellectual Property Rights and Trademarks

You acknowledge and agree that the participants of the UK H2Mobility Project own all legal rights, title and interest in and to (or is appropriately licensed to use) the materials found our Website, including any trade names, trademarks, service marks, logos, domain names of such participants, whether those rights happen to be registered or not, and wherever in the world those rights may exist, and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without our prior written permission.

You may print off one (1) copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us. If you print off, copy or download any part of this website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Applicable Law

You acknowledge and agree that these Terms and Conditions and your use of our Website shall be governed by English law and are subject to the exclusive jurisdiction of the English courts.

Notice

If you wish to contact us about the operation of this website, please contact: Rebecca Markillie at rlm@itm-power.com. For enquiries relating to specific areas of the UK H2Mobility Project, please contact the relevant participant directly. Please see the Contact page for more details.