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Green Deal Terms & Conditions

Access to data on the Combined EPC Register for Scotland via the web services and web portal.

This “Register” is the Combined EPC Register for Scotland. If you continue to access and utilise this Register you are agreeing to comply with and be bound by the following terms and conditions of use, which govern the Energy Saving Trust’s relationship with you in relation to this Register.

The term “Energy Saving Trust” or “us” or “we” refers to the operator of the “Register” and its associated website and web services, whose Registered office is 21 Dartmouth Street, London, SW1H 9BP. The term “you” refers to the user or viewer of our Register. (For purposes of definition in this document the term Register is also used to encompass the website, web portals and web services owned and developed by the Energy Saving Trust on behalf of the Scottish Government which receive or supply data to or from the Register from appropriate third parties, including but not exclusively the Combined EPC Register for Scotland web portal, Combined EPC Register for Scotland reporting portal, Combined EPC Register for Scotland reports or analysis, or Combined EPC Register for Scotland data provided in any form.)

The terms “energy performance data” and “green deal information” are defined in regulation 2 of The Energy Performance of Building (Scotland) Regulations 2008, as amended.

The term “Green Deal data” refers to all documents and data lodged on the Combined EPC Register for Scotland that may be used for work carried out as part of the Green Deal programme which are not covered by The Energy Performance of Building (Scotland) Regulations 2008, as amended. This may include, but is not limited to Occupancy Assessments, Non-domestic Green Deal Advice Reports and Green Deal Plans.

Terms and conditions of use of the Register:

  1. Access to energy performance data and green deal information:
    1. access to energy performance data and green deal information is governed and restricted by The Energy Performance of Buildings (Scotland) Regulations 2008, as amended http://www.legislation.gov.uk/ssi/2012/315/contents/made regulation.
    2. access to energy performance data and green deal information is limited to parties who are ‘authorised recipients’ as defined under regulation 2 of The Energy Performance of Buildings (Scotland) Regulations 2008, as amended.
    3. you may only use energy performance data and green deal information as specified in Schedule 1 of The Energy Performance of Buildings (Scotland) Regulations 2008, as amended.
    4. you must manage energy performance data and green deal information as set out in schedule 1 of The Energy Performance of Buildings (Scotland) Regulations 2008, as amended.
    5. you shall not divulge any energy performance data and green deal information accessed from the Register to any person who is not permitted to receive such data as defined by The Energy Performance of Buildings (Scotland) Regulations 2008, as amended.
  2. Access to Green Deal data stored on the Combined EPC Register for Scotland:
    1. access to Green Deal data stored on the Combined EPC Register for Scotland is governed and restricted by The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012, http://www.legislation.gov.uk/ukdsi/2012/9780111525227/contents and The Green Deal Code of Practice (CoP), http://www.greendealorb.co.uk/code-of-practice.
    2. you may only use Green Deal data retrieved from the Register for the purposes set out in the Green Deal Code of Practice (CoP) http://www.greendealorb.co.uk/code-of-practice
    3. you shall not divulge any Green Deal data accessed from the Register or any part of the data accessed from the Green Deal plan to any person who is not permitted to receive such data as defined by The Green Deal Framework (Disclosure, Acknowledgment, Redress etc .) Regulations 2012 or The Green Deal Code of Practice (CoP). All Green Deal Participants and Certification Bodies must comply with the requirements of the Data Protection Act 1998 when processing personal data obtained under, or in connection with, the Green Deal and information obtained from the Scottish EPC Register.
    4. you may only have access to Green Deal data on the Combined EPC Register for Scotland if you are an authorised Green Deal stakeholder and hold the relevant reference details required to obtain such information and consent from the owner whose Green Deal data you wish to view. Responsibility for ensuring that disclosure of the relevant reference details and access to this Register is undertaken with the consent of the report’s owner is entirely the responsibility of the individual accessing the Register. It is assumed for purposes of offering access to legitimate users that the relevant access has been provided by the document’s owner and is in compliance with the relevant codes of practice and legislation referred to in this document. Any failure to abide by these requirements will be entirely the responsibility of the individual accessing the Register.
  3. You may save and print a copy of an Energy Performance Certificate, Occupancy Assessment, Non-domestic Green Deal Advice Report or Green Deal plan, where you have consent from the Report’s owner to do so. In carrying out this activity the individual accessing the data also acknowledges that it is their responsibility to ensure that this consent is in place and that they have adhered to the relevant requirements of the Data Protection Act 1998 and other Relevant Legislation referred to in these terms and conditions.
  4. You are not permitted to use Energy Performance data, Green Deal information or Green Deal data obtained from the Combined EPC Register for Scotland to send marketing communications, including contact regarding Green Deal.
  5. Access to energy performance data and green deal information (including Energy Performance Certificates and recommendations reports where a building is the subject of an active Green Deal Plan) is governed and restricted by The Energy Performance of Buildings (Scotland) Amendment (No.3) Regulations 2012 and The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012.
  6. You shall only use the data received from the Combined EPC Register for Scotland as permitted by The Energy Performance of Buildings (Scotland) Amendment (No.3) Regulations 2012 and The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012.
  7. You shall not divulge any part of the data accessed from the Combined EPC Register for Scotland to any person who is not permitted to receive such data as defined by The Energy Performance of Buildings (Scotland) Amendment (No.3) Regulations 2012 and The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012.
  8. The Energy Saving Trust reserves the right to change these terms and conditions at any time without notice, for any reason, and it will be the responsibility of the person accessing the Register to ensure they are in compliance with the revised terms and conditions.
  9. You must not use or attempt to use any automated program to access our system or this web site, or to search, display or obtain links to any part of this site. All access to and use of the services via any automated software agent is prohibited. This includes without limitation, any mechanical program, screen scraper, spider or other web crawler.
  10. All trademarks reproduced on this Register and its web portal, which are not the property of, or licensed to the operator, are acknowledged on the website.
  11. From time to time this Register and its web portal may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or their content. We have no responsibility for the content of the linked website(s).
  12. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Register for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law, where we have taken reasonable steps to avoid such impacts.
  13. You shall indemnify and keep indemnified the Energy Saving Trust and any third party that has supplied data to the Energy Saving Trust that has been included in the Combined EPC Register for Scotland ("the Indemnified Party") from and against all costs and expenses (including legal costs), claims, damages, demands, liabilities and losses suffered or incurred by the Indemnified Party arising out of your breach of the terms contained in these terms and conditions and/or in connection with any claim from any third party that arises out of your act or omission, except to the extent that such costs, expenses or third party claim arises out of or were contributed to by any negligence of the Indemnified Party.
  14. You acknowledge and agree that any third party that has supplied data to the Energy Saving Trust that has been included in the Combined EPC Register for Scotland shall have the right to enforce these terms and conditions, under the Contract (Rights of Third Parties) Act 1999.
  15. Your use of any information or materials on this Register is limited to the purposes intended only. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  16. This Register and its web portal contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  17. Unauthorised use of this Register may give rise to a claim for damages and/or be a criminal offence.
  18. You may not create a link to this Register or the data contained within this Register from another website or document without the Energy Saving Trust’s prior written consent.
  19. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this Register and the data contained within this Register.
  20. The Energy Saving Trust warrants to the user of the Register that it shall provide data from this Register using reasonable care and skill, but does not give any other warranty in respect of the data provided and all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by Scottish law.
    1. EST shall not be liable for any:
      1. loss of or corruption to data or computer files; or
      2. loss of anticipated savings or revenues; or
      3. loss of profits; or
      4. loss of contracts or business opportunities; or
      5. loss of goodwill or damage to reputation; or
      6. indirect, special or consequential loss or damage; or
      7. loss arising from any claim made by any third party to the extent relating to or comprising any loss or damage of the kind referred to in the previous parts of this clause;
      which arises out of or in connection with the Register (including the Combined EPC Register for Scotland web portal, Combined EPC Register for Scotland reporting portal, Combined EPC Register for Scotland reports or analysis, or Combined EPC Register for Scotland data provided in any form).
  21. Your use of this Register and the data contained within and any dispute arising out of such use is subject to the laws of Scotland.