The below sets out the Terms and Conditions of Use of RCG's Global Renewable Infrastructure Project ("GRIP") Database.
means the annual fee (excluding any taxes and duties) payable by You in accordance with the Subscription.
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means all the data, information, charts, graphs, diagrams, modelling and forecasting outputs and details within the GRIP database.
means the selected level of access as detailed on the Website, or any other page(s) on the Website notified by RCG, which may be updated or amended by RCG from time to time.
means RCG's Global Renewable Infrastructure Project database.
"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means the subscription to the GRIP Database paid by the Subscriber.
means the Internet site at the domain www.thinkrcg.com or any other site operated by RCG.
means The Renewables Consulting Group Limited (Registered in England & Wales, No. 08809841) and all current and future global subsidiaries of The Renewables Consulting Group Limited.
means any named license user of the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
means the person or entity who registers to use the Service.
means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.
Use of the GRIP Database
RCG grants You the right to access and use the Service via the Website with the particular subscription access available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
a) the Subscriber determines who is an Invited User;
b) the Subscriber is responsible for all Invited Users' use of the Service; and
c) the Subscriber controls each Invited User's access to the Service at all times and can revoke or change an Invited User's access, at any time and for any reason by contacting RCG, in which case that person will cease to be an Invited User.
For Subscription Levels above the basic licence, an invoice (or receipt, depending on what payment option is selected) for the Access Fee will be issued in accordance with the access level opted for.
All RCG invoices and/or receipts will be sent to You, or to a Billing Contact whose details are provided by You by email and must be paid with 30 days. RCG reserves the right to charge a late interest fee or terminate or suspend Access where payment is not received within 30 days of the due date.
The payment for the Subscription is subject to the price list valid at the time of the order or subject to a written agreement between RCG and You regarding the price. You are responsible for payment of all taxes and duties in addition to the Access Fee.
RCG will email the Subscriber a renewal notice before the end of the 12 months period detailing the renewal costs, upgrade options and new product releases. Should the Subscriber wish to terminate their Service at the end of this 12-month period they should refer to the Termination clause below. If not, RCG will request payment from You on or before the day of expiry of the 12-month period. You may upgrade your Subscription Level at any time subject to paying any Access Fee due.
Subscriber Login & Passwords:
After registration, and payment if required, login(s) and password(s) will be sent to You, allowing access to the GRIP Database for end users. At its discretion, RCG may provide logins and passwords ahead of payment. Logins and passwords may be changed by RCG at any time, in which case the new logins and passwords will be communicated to You.
Login details for your Invited Users (where applicable) can be requested by contacting email@example.com or as otherwise indicated to You.
If a Basic subscription licence User has been inactive for a period of more than six (6) months, RCG reserve the right to terminate and delete the account.
You must only use the Service and Website for Your own lawful business purposes, in accordance with these Terms and any notice sent by RCG or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify RCG of any unauthorized use of Your passwords or any other breach of security and RCG will reset Your password and You must take all other actions that RCG reasonably deems necessary to maintain or enhance the security of RCG's computing systems and networks and Your access to the Services.
As a condition of these Terms, when accessing and using the Services, You must:
a) not attempt to undermine the security or integrity of RCG's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
b) not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
c) not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
d) not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
You indemnify RCG against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to RCG, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.
You are responsible and liable for you own and your Invited Users' use of our Service.
Confidentiality and Privacy
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
a) Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
b) Each party's obligations under this clause will survive termination of these Terms.
The provisions of the Confidentiality clauses a) and b) above shall not apply to any information which: i) is or becomes public knowledge other than by a breach of this clause; ii) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; iii) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or iv) is independently developed without access to the Confidential Information.
You agree that the information you provide to us during registration, and at other times, will be true, accurate, current and complete.
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of RCG (or its licensors).
Ownership of Data:
The Data with the GRIP Database has been compiled from publicly accessible information and research conducted by RCG. While much of the information is publicly available, RCG owns all title to, and all Intellectual Property Rights in the modelling and forecasting outputs, and all other Intellectual Property in the GRIP Database.
Backup of Data:
RCG adheres to its best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. RCG expressly excludes liability for any loss of Data no matter how caused.
Referencing the Data:
RCG grants to You a non-exclusive, non-transferable, non-assignable licence to reuse the forecasting and modelling outputs in the GRIP Database for the duration of your Subscription, subject to RCG being referenced as the source of the Data and/or graphics. This licence shall be revoked immediately upon termination of this Agreement.
You are permitted to reuse extracts from the GRIP Database for inclusion in briefings, presentations, papers and reports for distribution externally subject to the following referencing RCG as the source of the Data and/or graphics.
Warranties and Acknowledgements
You acknowledge that You are authorized to use the Services and the Website and to access the information and Data in the GRIP Database.
The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
RCG does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. RCG is not in any way responsible for any such interference or prevention of Your access or use of the Services.
It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
RCG reserves the right to, at its sole discretion, add, remove, discontinue, amend, alter, and modify parts or features of our Service at any time, without liability, for any or no reason. This includes the creation of new features, products and Subscription Levels. Accordingly, this may impact the Access Fee structure currently being offered.
You will be notified of the details of such changes in your renewal notice or before if deemed appropriate.
Except as expressly set forth in this Agreement, our Service is provided 'AS IS' and you agree that your use of our Service is at your sole risk. Except as expressly set forth in this Agreement and to the fullest extent permitted by applicable law, we and our suppliers, licensors, and partners, make no warranties express or implied with respect to the subject matter of this Agreement, and we expressly disclaim any implied warranties or merchantability, non-infringement, fitness for a particular purpose, including implied warranties arising from course of dealing or performance.
RCG and its suppliers, licensors, and partners do not warrant that the functions contained in our Service will be correct, uninterrupted or error-free, that defects will be corrected, or that our Service is free of viruses or other harmful components.
You understand and agree that if you use, access, download, or otherwise obtain information, materials, or data through our Service or any third-party services, it is at your own discretion and risk and that you will be solely responsible for any damage to your property (including without limitation your computer system) or loss of data that results from the download or use of such material or data.
If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with the "Termination" clause below.
Limitation of Liability:
Except with respect to liabilities arising out of your breach to this Agreement, neither party, nor their affiliates, third party service providers, suppliers, or licensors, shall be liable to the other party for any loss, legal fees, punitive, incidental, indirect, special, reliance or consequential damages, including without limitation lost business, revenue, actual or anticipated profits, whether based on breach of contract, tort (including negligence) or otherwise resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
Where an introductory discount is offered RCG may increase the Access Fee at the end of the introductory period. At the end of introductory period, or at renewal, your access shall be revoked unless you extend/upgrade your Subscription by paying the required Access Fee.
If RCG decides to discontinue the GRIP Database Service at any time, RCG shall give the Subscriber no less than three (3) months written notice. Upon termination, RCG will refund to the Subscriber any Access Fee (where paid in advance) for the remaining period within 30 days of the termination date (as stated in the notice).
Basic Level Termination:
Should a Basic Level Subscriber wish to terminate their access, they should contact RCG or use a Unsubscribe option (if available) to unsubscribe and terminate the Service.
These Terms will continue for the 12 months period covered by the Access Fee paid under "Payment Obligations". Upon receipt of the renewal notice at the end of the 12 months period, Access shall be terminated unless the payment for continued Access or upgrade is received by RCG (or automatic renewal has been opted for).
If during the 12 months period, You wish to terminate your Subscription and these terms, You may do so by providing at least one month's written notice to RCG. RCG will not provide any refund for any remaining period for an Access Fee subscription upon termination. Termination shall take effect on the last day of the current 12 months period. . You shall continue to have access up to and including the day of termination of these Terms.
At fault Termination:
RCG may take any or all of the following actions, at its sole discretion (without any obligation to refund any part of the Access Fee paid):
a) terminate this Agreement and Your use of the Services and the Website; or
b) suspend for any definite or indefinite period of time, Your use of the Services and the Website.
a) breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
b) breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any payment of Access Fees that are not paid in full); or
c) You or the Subscriber's business becomes insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
remain liable for any accrued charges and amounts which become due for payment before or after termination; and immediately cease to use the Services and the Website.
In the case of technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting RCG. If You still need technical help, please check the support provided online by RCG on the Website or failing that email us at firstname.lastname@example.org.
Whilst RCG intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason RCG has to interrupt the Services for longer periods than RCG would normally expect, RCG will use reasonable endeavours to publish in advance details of such activity on the Website or via email.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without RCG's prior written consent.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to RCG must be sent to email@example.com or to any other email address notified by email to You by RCG. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Governing law and jurisdiction:
This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.
Acceptance of the Agreement:
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE GRIP DATABASE OR THE ASSOCIATED DATA, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND GRANT TO RCG THE RIGHTS SET FORTH HEREIN.