Terms and Conditions

 

1.        The use of the “Ofgem Renewables and CHP Register” (the “Register”) is subject to the following terms and conditions (the “Terms and Conditions”). The Register is managed by Ofgem, the Office of Gas and Electricity Markets on behalf of the Gas and Electricity Markets Authority, both of which are collectively referred to herein as ‘we’.

 

2.       Please read these Terms and Conditions carefully before using this Register.  Your use of the Register indicates your agreement to be bound by these Terms and Conditions.

3.       The Privacy Policy in Schedule One (“this privacy policy”) sets out the terms and conditions which govern the collection, retention and processing of personal information provided to Ofgem or otherwise held on this Register.  It will apply if you register as a user of this Register and will continue to apply even should you cease to be a user of the Register.  Where there are any differences between this privacy policy and the privacy policy which can be accessed by clicking on 'Privacy Policy' at the end of these terms and conditions (ie the Ofgem website Privacy Policy) on the Register, this privacy policy takes precedence.

 

4.       If you register as a user of the Register as an employee of an organisation you are registering on behalf of that organisation.  You must only access the Register in this capacity.  It is your responsibility to ensure you have appropriate authority to act on behalf of that organisation, and do not exceed that authority.

 

Your other responsibilities

 

5.       Your username, email address and password are personal to you and you must not disclose them to or permit them to be used by anyone else.  It is your responsibility to keep secure any information that might identify you and allow access to your account.  If you lose or accidentally reveal your username or password detail, you must contact us immediately. You must also change your password using the “Change Password” function on the Register. You must notify us immediately if you become aware of any loss or theft or any unauthorised use of a username or password.

 

6.       You must take all reasonable steps to ensure that any information entered into the Register is accurate at the time of entry and to only enter information which is to the best of your knowledge accurate at the time of entry.  Knowingly or recklessly providing information which is materially false could result in a criminal prosecution.

 

7.       Where information entered by you, or another user of this Register registered on behalf of the same organisation as yourself, and held on the Register database is no longer accurate, you must ensure that the information on the Register database is updated with accurate information as soon as possible.

 

8.       You must make sure we always have your current correct contact details to reduce security risks as far as possible.

 

9.       You must comply with the operational procedures, as amended from time to time, set out in guidance documents available on https://www.ofgem.gov.uk/environmental-programmes.

 

10.   You must not commit any act or engage in conduct which is likely to bring Ofgem into disrepute or cause inaccurate information to be placed on the Register 

 

11.   You must notify Ofgem if you become bankrupt or if your organisation becomes insolvent or goes into administration.

 

12.   You must notify Ofgem if you or your organisation's directors, partners or officers are subject to any financial investigation or any investigation which may lead to a conviction or a legal or regulatory sanction for an offence or other act involving fraud, dishonesty or professional misconduct.

 

13.   It is the responsibility of the Super User of the account to ensure that they maintain the list of those registered as users of the account, removing access where it is no longer required by individuals.

 

Our Responsibilities

14.   We will endeavour to ensure that the Register is available on a continuous basis. However, there may be occasions when it is temporarily unavailable from time to time for maintenance or other reason. 

 

15.   We will endeavour to ensure that the information available on the Register is accurate.  However, we do not guarantee that the information on the Register is at all times accurate.

 

16.   We reserve the right to change, suspend or discontinue any aspect of the Register; and impose limits on the Register at any time.  Any variations to these Terms and Conditions will be carried out in accordance with paragraph 23 of these terms.

 

17.   The forbearance by Ofgem to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision or any other instance.

 

Termination, etc 

18.   If for any reason we believe that you have not complied with any of the responsibilities set out above in all or in part, we may at our discretion suspend your access to the Register, immediately and without giving you notice.   

 

19.   We reserve the right, without notice and at our discretion, to terminate the agreement and cancel your access to this Register or portions of it for any reason. 

 

Force Majeure

20.   We accept no responsibility or liability and cannot be deemed to be in default for any interruption or delay, resulting directly or indirectly from any cause or circumstance beyond our reasonable control.

 

Governing Law and Jurisdiction

21.   These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Severability

22.   If any provision of this agreement is held to be invalid by a court of competent jurisdiction or is deemed to be unlawful, void or for any reason unenforceable, then that provision shall be severed from these terms and the remaining provisions shall remain in full force and effect.

 

Variations

23.   These Terms and Conditions may be varied from time to time.    Please ensure that you review these Terms and Conditions regularly as you will be deemed to have accepted a variation if you continue to use the Register after it has been posted. 

 

 

Schedule One - Privacy Policy

Ofgem is a data controller for the purposes of the Data Protection Act 1998, and the Head of Information Management is the person nominated to deal with any Data Protection Act 1998 issues.  Any information provided to Ofgem via the Register or for purposes associated with the Register will be processed in accordance with the Data Protection Act 1998.

 

We may use your information, or disclose it to our agents, representatives or successors, or to other public bodies or third parties, for the following purposes:

 

·         to carry out Ofgem's statutory functions in relation to the Climate Change Levy exemptions for renewables, Feed-in-Tariffs, Renewable Energy Guarantees of Origin, Renewables Obligation, Renewables Obligation Scotland and Northern Ireland Renewables Obligation, (all referred to in this document collectively as the Renewable Electricity schemes);

·         to enable us to inform you, or provide literature or services about the Renewable Electricity schemes;

·         to carry out statistical analysis or research and development, in relation to the Renewable Electricity schemes;

·         to provide information or data in relation to the Renewable Electricity schemes, on an aggregated or non-attributable basis;

·         to help prevent or detect fraud or investigate suspected cases of fraud or irregularities in relation to your account; and

·         for any of the purposes permitted by the Data Protection Act 1998

 

For all generating stations under Climate Change Levy Renewables and CHP exemptions, details including the name of the generating station, generation capacity, location, technology, accreditation date, commissioning date and organisation name will be made freely available to the general public via our public reports.

For all generating stations under Renewable Energy Guarantees of Origin, Renewables Obligation, Renewables Obligation Scotland and Northern Ireland Renewables Obligation, details including the name of the generating station, generation capacity, location of the generating station, technology, accreditation date, commissioning date, name of the current holder of certificates, organisation name and the address details of an installation (including where an installation address coincides with a personal address of a registered individual) will be made freely available to the general public via our public reports.

For all generating stations under the Renewable Energy Guarantees of Origin, details including the name and address of current and previous holders of the guarantee of origin will be made freely available to the general public via our public reports.

All other personal information provided to Ofgem, your account security information (including your user name and password) will be kept confidential in accordance with the law.  Your account may only be accessed by you, or where you are registered on behalf of an organisation or other registered users for that organisation, and Ofgem.

By agreeing to these Terms and Conditions and using this Register you are consenting to the processing of any information provided for these purposes and to the publication of certain information as set out above.