Terms of Use

General 1.1 The EnergySmarTT website (“Site”) is owned, operated, and maintained by The…..

General

1.1 The EnergySmarTT website (“Site”) is owned, operated, and maintained by The National Gas Company of Trinidad and Tobago Limited (“NGC”)

1.2 THE TERMS OF USE WAS LAST UPDATED ON JUNE 05, 2021

1.3 Welcome to the Site and hereinbelow, this Terms of Use webpage represents a legal document and sets out terms and conditions, which govern the use of this Site, and govern any text, data, facts, information, documents, materials, services, goods, graphics, audio, video and/or otherwise, which is cited, published, provided and/or referred to on the Site (“Content”).

1.4 This Terms of Use and other posted guidelines within the Site, constitutes the entire and only agreement between User and NGC and all headings are for ease of reference only and shall not affect the interpretation thereof. Words importing the singular include the plural and vice versa.

1.5 Access to and use of this Site, by you, a user, individual, visitor, entity and/or otherwise of this Site and/or Content (“User”) is conditioned upon your acceptance of and compliance with this Terms of Use.

1.6 User expressly agrees that use of the Site by User is at the risk of User. By use of this Site, User acknowledges and agrees to observe, be bound by and adhere with this Terms of Use. 

1.7 Where User does not agree to this Terms of Use, in whole or in part, as may be amended, you shall be required to refrain from the use and/or access to this Site, forthwith. 

1.8 If User thinks that something on the Site breaches this Terms of Use, please contact The National Gas Company of Trinidad and Tobago Limited.

No Representation and Warranty

1.1 The Site and Content is provided on an “as is” basis and for general information purposes only. 

2.2 The Site and Content may include errors, technical, typographical, photographic and//or otherwise.

2.3 The National Gas Company of Trinidad and Tobago Limited, including any of its affiliates and any employee, officer, director, servants and/or agent thereof and/or any of its affiliates (“NGC”) makes no representation and/or warranty, expressed, implied and/or of any kind whatsoever, of the Site and Content, including but not limited to representation, warranty and/or condition as to, quality, accuracy, reliability, completeness, timeliness, merchantability, fitness for any particular purpose, non-infringement of Intellectual Property and/or otherwise.

2.4 NGC does not warrant that the Site and/or Content, including any links therein are without viruses and/or other harmful elements.

2.5 Any action taken, opinions formed and/ or conclusions drawn or inferred, on the basis of the Site and/or Content, shall be taken, formed, drawn and/or inferred, at the sole risk, expense and liability of User. 

2.6 Any statements, sentiments, opinions, conclusions, expressed and/or published on this Site and/or in any Content, are those of and the responsibility of the individual authors and/or compilers and do not constitute opinions of NGC, save and except where expressly stated. Publication of any such sentiments, opinions and related material on this Site, shall not be treated and/or interpreted, as any endorsement and/or approval thereof, by NGC.

2.7 No Content and nothing contained on this Site is and/or shall be construed as advice recommendation and/or otherwise.

 

Third-Party Websites

3.1 From time to time, the Site and/or Content may redirect or link Users to a third-party website, including content and Intellectual Property thereof, (“Third-Party Website”), which do not relate to NGC and/or are not owned and/or controlled by NGC and/or may not be available in country of User.

3.2 The presence of a link on the Site to a Third-Party Website, does not imply whatsoever, any endorsement, guarantee, warranty, representation, recommendation and/or approval thereof and/or of the third-party, by NGC. Any link on the Site to a Third-Party Website is provided solely for convenience to a User. 

3.3 User of the Site is advised and warned that NGC has not reviewed each and every Third-Party Website. The use of any links on the Site to Third-Party Website will cause User to leave the Site. Any redirection, access to and/or use of a Third-Party Website via a link on this Site and/or Content, shall be at the sole risks of User and User of any Third-Party Website shall be subject to any and all terms and/or conditions of such third-party. User is strongly advised and warned to read any and all policies, terms and/or conditions of any Third-Party Website, which may be on theThird-Party Website and/or otherwise. 

3.4 NGC is and shall not be responsible and/or liable whatsoever, for any Third-Party Website and NGC is and shall not be liable and/or responsible to any User, for any experience, outcome and/or result, which arises or relates whatsoever, to a Third-Party Website.

 

Content of User

4.1 User represents that User owns and/or otherwise controls all of the rights to any comments, feedback, material, content and/or otherwise (“User Content”), as posted and/or submitted by User on the Site. 

4.2 User agrees and grants NGC a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right, to utilize, amend, adjust, release, create, recreate, equate, derivative works, from any User Content and to distribute and screen same throughout the world, in any media. User grants NGC and sublicenses the right to utilize name of User, in connection any such comments, feedback, material and/or otherwise, as NGC sees fit. 

4.3 User represents that User Content does not violate this Terms of Use and shall not trigger and/or cause injury to anyone and/or entity. User shall indemnify NGC for any and/or all claims, arising and/or resulting from User Content. NGC has the right but not the commitment to edit User Content and NGC has no duty and assumes no liability for any User Content.

 

5.0 Limitation of Liability

5.1 Use of and/or reliance upon the Site and/or Content shall be at the sole risk of User.

5.2 The Site and/or Content may be out of date and NGC makes no commitment whatsoever and shall neither be under any duty, obligation, responsibility nor liable, to update the Site and/or Content and/or for failure to update same, under any circumstances whatsoever.

5.3 User acknowledges and agrees that NGC accepts no responsibility for any inaccuracy, error, act and/or omission, communication failure, technicality and/or computer malfunction, with respect to Site and/or Content and shall not be liable, directly or indirectly, for any, negligence, incidental, special, punitive and/or consequential, damage, consequence, claim, loss, expense, penalties, judgment, settlement, and/or costs, of any kind whatsoever, whether or not foreseeable regardless of cause or howsoever arising, caused, incurred, sustained and/or suffered, in relation thereto and in connection therewith, or as may be alleged, including loss and/or deferment of revenue, earnings, profits, use, opportunity, expectation, bargain, contract; business interruption; increased cost of working during business interruption and any incremental or other cost of overhead expenses incurred. 

5.4 NGC shall not be directly and/or indirectly liable, for any claim and/or consequence whatsoever, by any User, arising from and/or related to use of and/or reliance on the Site and/or Content and/or which is claimed to have resulted from any error, act, omission and/or inaccuracy, in respect thereof.

 

6.0 Code of Conduct – Permitted Uses

6.1 Use of the Site and/or Content for lawful purposes is allowed. 

6.2 User is permitted to use, download, copy and/or reprint Content, strictly for non-commercial purposes, subject to express acknowledgment and citation of NGC as the website source and due recognition of any other applicable author, third-party and/or otherwise.  

6.3 NGC has no liability and/or duty whatsoever, to any User, individual, entity and/or otherwise, for the efficiency and/or non-performance of permitted uses under this Terms of Use.

6.4 With reference to any Third-Party Website, User is required to conform to the terms of use of such third party.

 

7.0 Code of Conduct – Prohibited Uses

7.1 User is strictly prohibited and forbidden:

  1. to use the Site and/or Content for any malicious and/or unlawful purpose;
  2. to abuse and/or modify the Site and/or Content;
  3. to use, copy, sell, re-sell, distribute, redistribute, print, re-print, publish, produce and/or reproduce, in whole or in part, any and all images, graphics, hallmarks, copyrighted images, audio, video, design and page layout on this Site, company logos and trademarks of NGC, save and except with prior written consent from The National Gas Company of Trinidad and Tobago Limited;
  4. to falsify, remove and/or delete, any author attributions, legal notices, copyright, labels, and/or any other proprietary notations, on the Site and/or in any Content, and/or which User may use, download, copy and/or reprint, in accordance with this Terms of Use;
  5. to recreate, display, distribute, or otherwise use the Content for any commercial purpose and/ or for any public display (commercial or non-commercial);
  6. to infiltrate, alter and/or damage the Site, Content and/or any other website of NGC, linked sites, computer systems, software and/or hardware components thereof;
  7. to use any meta tags or any various other “unseen text” utilizing the name of the Site, logos, trademarks, without the express written consent of The National Gas Company of Trinidad and Tobago Limited; 
  8. to attempt to decompile and/or reverse engineer any software contained on the Site and/or Content;
  9. to transfer Content to another person or “mirror” Content on any other server;
  10. to use the Site and/or Content on any other website and/or in a networked computer system environment for any purpose whatsoever. 
  11. to publish, distribute and/or disseminate, any obscene, profane, indecent, infringing, defamatory, unlawful, data, information, material and/or otherwise, on the Site and/or through Content;
  12. to conduct personal business on the Site and/or through Content;
  13. to use the Site and/or Content as a propaganda and/or threatening tool and/or not to defame, abuse, harass, stalk, threaten and/or otherwise violate the legal rights of any person, entity or otherwise; 
  14. to use Site and/or Content to undermine the goodwill, invade privacy and/or otherwise to injure NGC or any other third party; 
  15. to use Site and/or Content, as a medium to air discontent, dissatisfaction and/or grievance, of any kind whatsoever, for any reason whatsoever; and/or
  16. to use Site and/or Content for industrial solicitations, mass mailings, or any type of “spam” and not to upload or attach files or otherwise, that contain viruses, corrupted files and/or software, that may damage the operation of another’s hardware.

7.2 Any code that the Site develops to generate and/or showcase Content and any pages which make up the Site, is secured and protected by copyright of NGC and User is prohibited to copy or adjust such code.

 

8.0 Intellectual Property

8.1 “Intellectual Property” shall mean and includes, but is not limited to, proprietary information, creations of the mind, ideas, know-how, techniques, technologies, formulas, trade secrets, business models, research and development, domain names, logos, inventions (whether patentable or not), patents, trademarks, copyright, design rights, registered design, technical and/or commercial information and/or any other information of any type, relating to designs, configurations, toolings, documentation, recorded data, schematics and circuits.

8.2 This Site and Content, including any features and functionality as offered through the Site, are and shall remain the exclusive property of NGC.  

8.3 Use of the Site by User does not grant User any rights of any kind, ownership and/or otherwise to the Site.

8.4 At all times, save and except as otherwise expressly provided, User hereby agrees and acknowledges that title to and Intellectual Property rights of the Website and Content is the property of NGC and is protected by copyright and other Intellectual Property laws of Trinidad and Tobago.

8.5 No Content and/or Intellectual Property may be sold, resold, distributed, redistributed, published, republished, produced and/or reproduced, in whole or in part, or used to create derivative works, save and except with the prior written consent of The National Gas Company of Trinidad and Tobago Limited.

 

9.0 Privacy

9.1 Any data and/or personal information which may be obtained by NGC, by virtue of this website, shall be subject to and in accordance with any applicable laws of the Republic of Trinidad and Tobago. 

 

10.0 Indemnity

10.1 As a condition of use of the Site and/or Content, User agrees to accept, defend, hold safe and indemnify NGC, from and against any and all actions, law suits, demands, claims, losses, damages, liabilities and expenses (including legal costs and fees), arising out of use of the Site and Content, including, without limitation, breach of this Terms of Use and/or any other claims alleging facts, that if true would constitute a breach by the User of this Terms of Use.

 

11.0 Settlement of Disputes

11.1 User agrees to submit to the exclusive jurisdiction of the courts of Trinidad and Tobago, for the resolution of any dispute and/or claim, which arises out of or relating to and/or in connection with the Site and/or Content. 

 

12.0 Remedies

12.1 If User is not satisfied with the Site, Content and/or any of terms and conditions of this Terms of Use, the sole and exclusive remedy of the User is to cease and discontinue use of the Site. 

12.2 User further agrees and acknowledges, that the rights and interests of NGC may be irreparably injured by unauthorized use of any Content contained on and/or accessible via the Site. User further agrees and acknowledges that monetary damages would not be an adequate remedy for any breach of this Terms of Use and User therefore agrees that notwithstanding and in addition to any other rights and/or remedies available to NGC, in respect of the breach of this Terms of Use, NGC shall be entitled to seek specific performance and injunctive and/or other equitable relief, in connection with any breach or anticipated breach of this Terms of Use, including interim relief from a court of competent jurisdiction.

 

13.0 Amendments

13.1 The Site and/or Content may include errors, technical, typographical, photographic and/or otherwise.  

13.2 At any time whatsoever, for any reason whatsoever and without any notice, NGC in its sole and absolute discretion, has and reserves the right, but makes no commitment, to make amendments to the Site, Content and/or this Terms of Use, including any updates and/or deletions, as it deems necessary and/or to deny any User access to the Site and/or Content. 

13.3 From time to time, this Site may contain certain sections, features, functions, links and/or web-based resources, to which different and/or additional terms and conditions may apply. Hence, a User shall be required to review and be bound by the different and/or additional terms and conditions, as applicable thereto.

13.4 Each and every time a User uses and/or continues to use the Site, User, continues and agrees to be bound by and comply with this Terms of Use, as amended. 

 

14.0 Termination of Use

14.2 At any time, for any reason whatsoever and without notice and/or any liability, NGC may terminate or suspend access to the Site and/or Content immediately, including without limitation, for any breach of this Terms of Use by a User. 

14.3 NGC, at its sole discretion, for any reason whatsoever, including breach of the Terms if Use and without prior notice, reserves the right to deny access by any User to the Site and/or Content and/or to deny, withdraw, revoke, terminate, any permission, which may have been granted under this Terms of Use, which shall also require User to destroy any downloaded materials, under possession of User, whether in electronic or printed format.

 

15.0 Waiver

15.1 Nothing contained on the Site, Content and/or this Terms of Use, shall operate to waive or limit or be construed, as waiving or limiting any rights, privileges and/or immunities of NGC. 

15.2 Any failure and/or delay by NGC, to exercise and/or enforce any right, power, provision under this Terms of Use and or remedy, shall not be considered or construed as a waiver thereof. 

 

16.0 Severability

16.1 If any provision of this Terms of Use is held to be invalid or unenforceable by a court, the remaining portion and/or provisions of the Terms of Use will remain in full force and effect and shall be construed consistent with applicable law.

 

17.0 Governing Law and Legal Compliance

17.1 This Terms of Use shall be governed by and construed in accordance with the laws of Trinidad and Tobago, without regard to conflict of law provisions. 

17.2 With respect to the use of the Site and/or Content, a User shall comply with ethical standards; the laws of Trinidad and Tobago, including the laws on Intellectual Property and/or such other laws, as may be implemented from time to time; and with any other applicable domestic and international law, statute, ordinance, and regulation.

17.3 Any Third-Party Website shall be governed by the terms and conditions and any applicable policies, contracts and law in relation thereto. 

17.4 NGC reserves the right to investigate any complaint and/or reported violation of the Site, Content and/or Terms of Use and to take any action deemed appropriate, including but not limited to, report of any suspected unlawful activity to law enforcement officials, regulators and/or any other third-party and disclosure thereto, of any information necessary or appropriate, which relates to the User profile, e-mail addresses, usage history, posted materials, IP addresses, traffic information and/or otherwise. 

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