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Energy terms and conditions

1.      Summary

Introduction

This document sets out the terms and conditions which you and GoCompare have agreed to be legally bound by in connection with the Comparison Service.

It is extremely important that you read these terms and conditions and GoCompare’s privacy policy carefully. You must not use the Comparison Service if you do not agree to these terms and conditions or the terms of GoCompare’s privacy policy.

Definitions

In these terms and conditions, the following words shall have the following meanings:

• “Comparison Service” means the independent energy comparison service powered by Energylinx and provided to you by GoCompare, which service shall allow you to compare and switch energy products or services provided by third parties;

• “Energylinx” means Energylinx Limited, a company incorporated and registered in Scotland with company number SC244794;

• “GoCompare” means Gocompare.com Limited, a company incorporated and registered in England and Wales with company number 5799376; and

• “you” and “your” means any user of the Comparison Service.

2.      Changes to these terms and conditions

GoCompare reserves the right to amend or update these terms and conditions from time to time. Any modified version of these terms and conditions will be published on this webpage and you should therefore check this webpage before using the Comparison Service. If you do not agree to any modified terms and conditions then you must immediately cease all use of the Comparison Service since your continued use of the Comparison Service after modified terms and conditions have been published will constitute your acceptance of those modified terms and conditions.

3.      How to contact GoCompare

If you have any queries or concerns regarding these terms and conditions or if you would like to contact GoCompare for any other reason in connection with the Comparison Service, you may do so by:

·        post: Customer Services, Gocompare.com Limited, Imperial House, Imperial Way, Newport NP10 8UH;

·        telephone: 01633 654 019; and/or

·        email: feedback@gocompare.com.

GoCompare’s office opening hours are 09:00 until 17:30 between Monday and Friday (excluding bank holidays).

If you would like information regarding how to make a complaint, please consult the “complaints” section of these terms and conditions.

4.      The Comparison Service

Finding a new supplier and/or new energy products or services

When using the Comparison Service in order to find a new supplier and/or new energy products or services you will be asked to provide or confirm certain information, including information regarding your energy usage and your property. This information is used to provide you with an estimate of the amount you may save by switching to a new supplier and/or new energy products or services.

GoCompare shall be under no obligation to verify the accuracy or reliability of any information which you have provided or which has been confirmed as accurate by you and it is your responsibility to ensure that such information is correct. Providing or relying on inaccurate information may result in you being provided with inaccurate projected savings and/or switching to a supplier and/or new energy products or services which are not suitable for your needs.

Please note that if you are unable to provide information regarding your actual energy usage, GoCompare may be able to provide an estimate based on other information provided by you. GoCompare does not warrant or represent that such estimate will be an accurate reflection of your actual energy consumption and using accurate figures from your energy bill is therefore recommended.

Before you apply for a switch

Before you submit a switch application via the Comparison Service, it is extremely important that you read and familiarise yourself with your chosen supplier’s terms and conditions and any specific terms and conditions applicable to the energy products or services you have chosen.

Your chosen supplier’s terms and conditions and any specific terms and conditions applicable to the energy products or services you have chosen will govern both your relationship with your chosen supplier and the basis on which your chosen supplier will provide energy products or services to you. It is your responsibility to satisfy yourself that a product or service is both suitable for your needs and available on terms which you are willing to agree.

You should also note that some suppliers may carry out hard credit searches once a switch application is made by you. Hard credit searches may adversely affect your credit rating and will be visible to other parties who check your credit file from time to time.

After you apply for a switch

You may only be able to cancel a switch within the fourteen (14) day cooling-off period after a supplier has accepted your switch application via the Comparison Service. You can exercise your right to cancel by contacting your chosen supplier. Details of how you may contact your chosen supplier should be available on that supplier’s own website or in that supplier’s own terms and conditions.

It frequently takes between seventeen (17) and twenty-one (21) days for a switch to become effective but the process can take longer. You should be notified when your switch becomes effective by your chosen supplier. It is important to note that there may be circumstances where a current supplier delays or prevents a switch from taking place, such as where it suspects fraudulent activity, if a customer is in debt or if a customer has a bill outstanding that has been unpaid for twenty-eight (28) days or more. If a customer is paying off debts of less than £500.00 for each of gas and electricity, it is also possible that those debts will be assigned from an existing supplier to a replacement supplier when the switch becomes effective.

How GoCompare is paid

The Comparison Service is provided to you by GoCompare free of charge. Instead, GoCompare generates revenue from the Comparison Service by charging your new supplier a commission.

General

The Comparison Service is intended for use only by customers who are aged 18 or over and located in England, Wales and Scotland. GoCompare does not warrant or represent that the Comparison Service will be available or appropriate for use outside of England, Wales or Scotland and any use of the Comparison Service by you from other locations will be at your sole risk.

5.      Your Account

In order to initiate and track the progress of a switch application you will need to create an account by providing GoCompare with certain specified information and creating log-in credentials. Your log-in credentials are personal and should not be shared by you. You will be solely responsible for all activity that occurs on your account and you must immediately inform GoCompare in writing upon becoming aware of any breach of security or other unauthorised use of your account.

6.      Intellectual Property

The trade marks, copyright, database rights and all other intellectual property rights in the Comparison Service, GoCompare’s website and the content, information, material and/or data published on GoCompare’s website shall belong to GoCompare or its licensors. Except as expressly provided herein, nothing within these terms and conditions shall operate to convey or transfer any title, right or interest in such intellectual property rights.

Any content, information, material and/or data which you make publicly available on or through GoCompare’s website will belong to you but you hereby grant GoCompare a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use such content, information, material and/or data for any purpose in connection with the operation of GoCompare’s website and the provision of the Comparison Service.

7.      General Restrictions on Use

Your right to use GoCompare’s website and access the Comparison Service is subject to your compliance with the following terms:

• you shall not misuse GoCompare’s website, the Comparison Service or any webpage, server, computer or database connected to GoCompare’s website or the Comparison Service including by seeking to gain unauthorised access to GoCompare’s website or the Comparison Service or by           knowingly introducing malware or other material that is or may be malicious or technologically harmful;

• you shall not interfere with or disrupt or otherwise attempt to interfere with or disrupt any of the features or functionality of GoCompare’s website, the Comparison Service or any webpage, server, computer or database connected to GoCompare’s website or the Comparison Service;

• you shall not gather, extract, download and/or reproduce any material from GoCompare’s website, the Comparison Service or any webpage, server, computer or database connected to GoCompare’s website or the Comparison Service including (but without limitation) by the use of spiders, data       mining, trawling or other ‘screen scraping’ software or system;

• you shall abide by any and all limitations on access and your use of GoCompare’s website, the Comparison Service or any webpage, server, computer or database connected to GoCompare’s website or the Comparison Service imposed by or on behalf of GoCompare from time to time;

• you shall not impersonate any person or entity or misrepresent your association with any person or entity or provide data relating to any person or entity without that person’s or entity’s consent;

• you shall ensure that any and all content, information, material and/or data which you make publicly available on or through GoCompare’s website does not infringe the rights, including the intellectual property rights, of any third party;

• you shall ensure that any and all content, information, material and/or data which you make publicly available on or through GoCompare’s website does not contain any offensive, inappropriate or harmful content;

• you shall not use GoCompare’s website, the Comparison Service or any webpage, server, computer or database connected to GoCompare’s website or the Comparison Service in any way which shall or shall be reasonably likely to damage GoCompare’s goodwill or reputation; and

• you shall not use GoCompare’s website, the Comparison Service or any webpage, server, computer or database connected to GoCompare’s website or the Comparison Service in any unlawful or fraudulent manner or in any way except for your own personal, non-commercial purposes.

8.      Availability

GoCompare aims to provide uninterrupted access to GoCompare’s website and the Comparison Service but it will be necessary for essential and scheduled maintenance to be carried out from time to time. GoCompare does not warrant or represent that the website will be available at all times. Moreover, GoCompare reserves the rights to terminate, suspend or otherwise limit your access to GoCompare’s Website and/or the Comparison Service in its sole discretion and at any time.

9.      Third party websites

Any and all links to third party websites on GoCompare’s website, or in GoCompare’s communications with you, are provided solely for your convenience and interest. GoCompare is not responsible for the content of any third party websites and does not verify the accuracy or reliability of any information published on any third party websites. In particular, GoCompare does not endorse any product or service or promote any opinion, view or advice provided on any such third party websites.

10.  Indemnity

You will indemnify, defend and hold GoCompare harmless against any and all claims, damages, losses, liabilities, actions, judgments, costs and expenses suffered or incurred by GoCompare arising out of or in connection with your breach of these terms and conditions.

11.  Limitation of Liability

Nothing in these terms and conditions shall exclude or limit GoCompare’s liability for fraud or for death or personal injury caused by GoCompare’s negligence. Subject to the foregoing, GoCompare does not accept any liability for any losses or damages you may incur:

    • if any content, information, material and/or data provided by you or confirmed by you on GoCompare’s website or in connection with your use of the Comparison Service is incorrect, incomplete, inaccurate or in any way misleading;

    • in the event that you switch to a supplier and/or energy product or service which does not meet your requirements or is unsuitable for your needs;

    • in the event that a switch request fails or your projected savings prove to be inaccurate because of a change in your circumstances or factors outside GoCompare’s reasonable control;

    • in connection with the terms and conditions applying to any contract entered into by you with a third party (including, but without limitation, any exit, cancellation or early termination charges which you may incur as a result of a switch); 

    • as a result of any acts, omissions, errors or defaults of any third party (including, but without limitation, any third party supplier to whom you have switched);

    • arising from your inability to access GoCompare’s website and/or the Comparison Service, from any of your use of GoCompare website and/or the Comparison service (including, but without limitation, any damage caused by a distributed denial-of-service attack, any malware or other malicious or technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material) or from your reliance on any data transmitted in connection with or arising out of your use of GoCompare’s website and/or the Comparison Service; or

    • arising from your use of any linked third party websites or from your reliance on any content, information, material and/or data published on such third party websites.

12.  Complaints

GoCompare strives to provide an excellent level service. If you are unhappy with any aspect of the GoCompare website and/or the Comparison Service please contact our customer services team by post, telephone or email at the details provided in the “how to contact GoCompare” section of these terms and conditions.

If you are unhappy with any product or service provided by a third party then you should address your complaint to that third party directly. Details of how you may contact that third party should be available on that third party’s own website or in that third party’s own terms and conditions.

13.  Legal

If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, that provision or part-provision shall be deemed deleted without affecting the validity or enforceability of the rest of these terms and conditions.

These terms of conditions, their subject matter and formation any claims and disputes arising therefrom shall be governed by and interpreted in accordance with the laws of England and Wales.

GoCompare and you submit to the exclusive jurisdiction of the courts of England and Wales.

Version 1 (dated 16/07/2018]