Terms and Conditions
This website (“Website”) is owned and operated by UK POWER LIMITED (“we/us/our/UK Power”). We are a limited company registered in England under number 03236875 and our registered office is at Aston House, Cornwall Avenue, London, N3 1LF. If you wish to contact us, please call us on 0800 320 2000 or email us at firstname.lastname@example.org.
These Terms and Conditions (“Terms and Conditions”) apply in relation to general visits to the Website and to access and use of its “Content” which is the service we explain further in the next paragraph.
Whether you are a business or a domestic user of energy supplies, our Website provides you with comparative price information relating to the supply of gas and electricity together with other information which may be relevant if you wish to switch your supply of gas and electricity from one energy provider to another (“Content”). We have obtained this information from the various utility providers who are identified on the Website. The Content we display is intended to give you the capability to establish the best price available to you as a consumer for utilities which you may wish to purchase from the energy providers identified.
Businesses may also register with UK Power to use our TotalCare service. This service alerts you in good time to enable you to give sufficient notice on your existing energy contracts. Giving sufficient notice prevents you from renewing your contracts by default which may prevent you from switching to an alternative and cheaper supplier. If you register for TotalCare, we send you reminders at appropriate times.
YOUR USE OF THE WEBSITE AND OF ITS CONTENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. UK Power reserves the right to amend these Terms and Conditions as we see fit from time to time.
1. Our general undertakings
- We will exercise all reasonable care in compiling the information which may be found on this Website which we provide to you subject to these Terms and Conditions.
- We will use all reasonable efforts to ensure that the Website is available at all times, but please see the limitations and reservations which we set out in the next section.
2. Limitations and reservations: Website and generally
- UK Power has no contract with you as we are only an information provider.
- Whilst we shall always use our reasonable efforts to ensure that access to the Website shall be available at all times, we do not represent that access to the Website or any part of it will be uninterrupted, reliable or error free nor do we represent or warrant to you that it will be accurate, complete or reliable.
- We reserve the right in our sole discretion to:
- deny access to the Website or any part of it to you without notice to you whether or not you are in breach of these Terms and Conditions;
- modify or withdraw, temporarily or permanently the Website in whole or in part without notice to you.
- We provide the Website on an “as is” and “as available” basis and make no representations of any kind with respect to the Website or its Content, whether in terms of accuracy, completeness or suitability for any purpose of the Content, format and related graphics or otherwise.
- YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. We shall not be liable for any losses whether direct or indirect which you may suffer as a result of any defect in the Website including server failure, access delays or interruptions, data loss or non-delivery and delays in provision of services, breaches of security whether arising from unauthorised use or “hacking” or otherwise or for the consequences arising from or related to any viruses or other disruptive elements transmitted through its servers, or any liability, costs, loss of data, profits, contracts, business or anticipated savings or other consequential losses arising from your use of, or inability to access the Website, whether such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred.
- We give no warranty that any material you download will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks for your own protective purposes.
- None of the exclusions or limitations above shall:
- limit any rights you may have as a consumer or other statutory rights which may not be excluded or restricted;
- exclude or restrict our liability for death or personal injury caused by our negligence;
and each of them shall be construed as a separate and severable provision of these Terms and Conditions.
- Certain links including hypertext links on the Website may take you outside this Website. Such links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content.
- We are not responsible for the content or the accuracy of any information on any website other than this Website or any goods or services which may be purchased from any third party owned website.
- All disclaimers and limitations or exclusions of liability in these Terms and Conditions shall survive notwithstanding the fact that you may cease to use the Website.
3. Liability and disclaimers: Content
- We do not monitor, verify or endorse any of the information obtained from third parties which forms any part of the Content.
- WE CANNOT BE HELD LIABLE FOR ANY INFORMATION (WHETHER CONCERNING PRICES OR SERVICES OR OTHERWISE) PROVIDED BY THIRD PARTIES WHICH IS INCORRECT, MISLEADING OR INACCURATE. UK Power cannot be responsible for any aspect of the process of switching utility supplier which is a matter between you and the suppliers concerned. However, UK Power shall use all reasonable endeavours to ensure that the price comparison information within the Content is accurate and up to date.
- No warranties or representations are given by UK Power or may be implied to any goods or services provided by any third party.
- The Content may contain technical inaccuracies or typographical errors but the liability of UK Power arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- Save as stated, we are not liable, in contract, tort (including, without limitation, negligence) for any pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Content for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation or any special or indirect or consequential losses, in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred.
- Whilst we shall use our reasonable endeavours to ensure that you receive reminders and other information in good time if you register for the TotalCare service, we specifically exclude our liability in the terms of the previous paragraph 3.5 with respect to the TotalCare service. If you wish to cancel any energy supply following Totalcare reminders, this is entirely up to you and UK Power is not responsible for terminating any contract on your behalf and assumes no liability in this respect.
- Notwithstanding the exclusions or limitations of our liability in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law or exclude our liability for death or personal injury caused by our negligence.
4. Your obligations
4.1 If you make use of the Content, you agree to:
- provide current, complete and accurate information as prompted to do so when you send your details to the Website or register for our TotalCare service;
- maintain and update this information as required to keep it current, complete and accurate;
- not upload to our Website any virus or contaminant or other item having destructive properties.
- You agree that you will only use this Website for your own private purposes and that you shall not exploit the Website or any of its Content for any commercial purpose.
- In the event that you are in breach of your obligations, we reserve the right to take steps to deny you access to the Website or make use of the Content.
5. Privacy and data protection
- We are committed to protecting your privacy. We acknowledge that any information submitted by you will contain “personal data” relating to yourself and possibly other people. Our use of such personal data is regulated by the Data Protection Act 1998.
- For the purposes of providing a better service to you, we may retain your personal data for up to 10 years in secure conditions and in encrypted form. We keep it in the event you have any queries regarding your use of the Website.
- We may also use it from time to time to communicate with you any information regarding gas and electricity supplied that we think may be of interest to you. We shall not however provide your personal details to any third party (unless we are obliged to do so by law).
- You may at any time request that we delete your personal data from our records and refrain from using the information we have about you in the future.
6. Intellectual property
- You understand that all rights in the design, text, graphics and other material on this Website and the selection or arrangement thereof and all software and source code are the copyright of UK Power or other third parties.
- There may also be moral rights, design rights, database rights and trade marks belonging to UK Power or certain third parties with respect to all such material inclusive of the Content. In particular, the UK Power name and logo and TotalCare are our trade marks. All rights are reserved.
- UK Power grants you a non-exclusive, revocable, non-transferable license to use the software on our server to access the Content whether directly from our Website or from the websites of third party providers via any hyperlinks from our Website. If you use our software to access third party websites, you acknowledge that you do soon your own behalf and that you have not appointed UK Power as your agent in any way.
- We grant you permission to electronically copy and print in hard copy portions of our Website solely in connection with your own private information gathering purposes. Any other use of the Website content (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.
- No permission is given by UK Power in respect of the use of any third party owned trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the owners rights.
7. Entire agreement
These Terms and Conditions constitute the entire agreement between you and UK Power with respect to your access to the website and use of the Content and supersedes any previous arrangement, agreement, undertaking or proposal whether set out in writing or agreed verbally between you and us. No verbal explanation or information given by either party shall alter the interpretation of these Terms and Conditions.
8. No representation
You agree that you have not relied on any representation save insofar as the same has been made expressly as a representation within these Terms and Conditions.
9. No waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless we acknowledge and agree otherwise in writing.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction or other lawful authority to be invalid or unenforceable, then such provision shall be construed as near as possible to reflect the intentions of the parties with all other provisions remaining in full force and effect.
11. Events beyond our control
We shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing any information through this Website resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
- We may, but you may not, assign any rights or transfer, sub-contract or delegate any obligations under these Terms and Conditions.
- These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third parties.
13. Third parties
Nothing in these Terms and Conditions shall create any right or entitlement, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, in favour of any person other than you and UK Power.
14. Territory and Applicable law
- These Terms and Conditions shall be governed and interpreted in accordance with English law in the exclusive jurisdiction of the courts of England and Wales.
- The Website is controlled and operated by UK Power in England. We have used our reasonable endeavours to ensure that the Website and the provision of the Content complies with the laws prevailing in England but UK Power makes no representation that the materials on the Website are appropriate or available for use in jurisdictions other than England.
- If you are visiting the Website from elsewhere, you do so on your own initiative and you are responsible for compliance with all applicable laws. IF YOUR USE OF OR VIEWING OF THE WEBSITE IS IN ANY WAY CONTRARY TO ANY APPLICABLE LAW IN YOUR OWN JURISDICTION, YOU ARE NOT AUTHORISED TO USE OR VIEW THE WEBSITE AND YOU MUST EXIT IMMEDIATELY.
© UK Power Limited 2013. All rights reserved.