Your use of our website(s)
You agree to be bound by the following Terms of Use in respect of your
use of our website(s) which is/are designed to present to you the user a
selection of business energy supply quotations, based on information you
enter into our website(s) and whereby you can complete a switch
application using our backend software validation and data transfer
processes (the “Services”). You herein acknowledge that you understand
that this website is owned, operated and maintained by Business Energy
Quotes LTD for Business Ltd registration number 11786968, whose
registration address is
Northern Gas And Power, Baltic Place Floor 8, Gateshead, United
Kingdom, NE8 3AE
(“we”, “us” or “our”) and that we are the party that will collect, store
and transfer your information to the supplier of your choosing in order
to facilitate your energy switch application. We agree to provide you
the user (“you”, “your” or “user”) with access to our website(s) subject
to you complying with the terms and conditions as defined hereafter
(this “Terms of Use”). Please note this Terms of Use, together with our
Privacy Policy and Cookie Policy, shall govern your use of our
website(s) and our requirement to process your data in compliance of UK
Data Protection Law(s). Please note that where you are an individual
acting on behalf of a third party, the third party shall be deemed to be
"you" and such third party shall be deemed to be bound by the Terms of
Use as if they were the one using our website(s).
Your approval
You confirm by using our website to obtain a business supply quotation
that you have the requisite authority to use the information provided to
generate a supply quotation and thereafter complete a supply
application. You agree that the business or third party business you
represent will be responsible to us for any breach of this Terms of Use
and or breach of our Privacy Policy.
Permitted Use
You are allowed to use our website(s) solely for the purpose of
obtaining business energy supply quotations and for completing a supply
application on behalf of your business or that of a third party business
subject to appropriate consent. All other uses of the Software
Application are prohibited. Your use of the Software Application does
not give you the right to, and you undertake not to try and: (i) resell,
lease, License, rent, use, assign, display, disclose, distribute, amend,
extract or make or try to make any commercial use of our website(s) in
whole or in part for any purpose not expressly permitted in this Terms
of Use; (ii) copy, modify, adapt, translate, reverse engineer,
recompile, decompile, disassemble, convert into human readable form or
create derivative works from any part of our website(s) including use of
or directly viewing the underlying HTML or other source code; (iii)
copy, imitate, mirror, reproduce, distribute, publish, download,
display, perform, post or transmit any part of website(s) in any form or
by any means, including, but not limited to, electronic, mechanical,
photocopying, recording or otherwise; (iv) the collection and use of any
service or product listings or descriptions; (v) making derivative uses
of the software used on our website(s); (vi) misuse our website(s) by
using any data mining, bots, spiders, automated tools or similar data
gathering and extraction methods, directly or indirectly, on our
website(s) or to collect any information from embedding code on our
website(s); (vii) attempt to gain unauthorised access to protected areas
of our website(s) such as admin areas or to the servers on which the
source code is stored or any server computer or database connected to
our website(s); (viii) do anything which may damage our reputation; (ix)
attempt to obtain, or assist third parties in obtaining, access to our
software code; (x) use our website(s) or our software, wholly or in
part, except as expressly agreed in writing with us; or (xi) use our
website(s) for any purpose contrary to any law or regulation or any
regulatory code or any written instruction or guideline from us. We may
change at any time, and from time to time, the content, format or any
nature of our websites and our Services without requiring any consent
from you the user whatsoever. We do not grant you any right or license
to any Intellectual Property Rights (as defined below), or proprietary
right of ours or any third party. You are not permitted to use any Meta
tags or any other "hidden text" to trace or analyse the activity in
relation to our website(s). If you breach any provision of this Terms of
Use or make or permit any unauthorised use of our Software Application
that is either misleading, brings our name into disrepute or breaches
any law then we reserve the right to have all violators prosecuted to
the fullest extent of the law.
Energy Brokers or Agents
Any energy broker or agent who uses this Software Application in order
to provide a service to its own customers shall only be permitted to do
so subject to that energy broker or agent having an appropriate software
licence provided by us that defines their usage rights. Any energy
broker or agent using our website without a licence or our written
consent will be considered to be in breach of this Terms of Use.
Intellectual Property
For the purposes of this Terms of Use “Intellectual Property Rights”
shall be interpreted to mean all intellectual property rights wherever
in the world arising, whether registered or unregistered (and including
any application), including patents, copyrights, rights in the nature of
copyright, trade secrets, trademarks, trade names, service marks,
proprietary methods, procedures and processes, know how, confidential
information, trade secrets, business names and domain names, design
rights, database rights and all rights in the nature of unfair
competition rights or rights to sue for passing off. You acknowledge
that (i) all Intellectual Property Rights in the software used to
provide the Services are the property of ours or our licensors, as the
case may be; and (ii) the user shall have no rights in, or to, the
software or the Services provide other than the right to use our
established website(s) for the purpose of obtaining a business energy
supply quotation and to progress a supply application for themselves or
a third party with appropriate authority, subject to you not being an
energy broker or an energy broker agent using our website for reference
purposes. You shall not remove, copy, amend or move any logos,
trademarks, wording or images that appear on our website(s). You
acknowledges that reference in any element of the software to trade
names or proprietary products where no specific acknowledgement of such
names or products are stated as being protected by copyright does not
imply that such names or products may be regarded by you as free for
general use and circulation. Except as provided by an expressed term of
this Terms of Use, none of the software code or Intellectual Property
Rights subsisting therein (including that of third parties) may be
copied, modified, reproduced, distributed, published, reverse
engineered, downloaded, displayed, posted or transmitted in any form or
by any means, including, but not limited to, electronic, mechanical,
photocopying, screen capture, recording or otherwise, without our prior
written permission or that of the respective owner of the Intellectual
Property Rights.
Application Journey
You acknowledge and accept that you are not making a direct application
on a supplier’s website and that you understand that the information you
enter into our website(s) will be collected by us and then passed to
your selected supplier within 24 hours of your data being collected and
stored on our servers. You understand and accept that we will collect,
store and transfer the information you provide in compliance of our
Privacy Policy. You acknowledge and accept that it is at the sole
discretion of the supplier selected as to whether or not they will enter
into a binding agreement with you, an application in itself does not
constitute a commitment by the supplier to take over your supply. When
you click to accept the terms and condition of the supplier and/or sign
the supply application schedule electronically or by pen, no binding
agreement is formed until the supplier confirms in writing the terms on
which they are willing to supply energy to your business premises. You
understand that we are not a party to any agreement made between you and
your selected supplier and we have no liability nor implied liability in
that regard. In the event that you do not wish to accept or comply with
the terms and conditions of the supplier selected then you should not
click to confirm that you accept the supplier’s terms and conditions as
displayed on our website, or as confirmed to you over the phone, and you
should not sign the application schedule. By clicking to confirm your
acceptance of the supplier terms of supply you accept that you have
committed to switch to that supplier. If you change your mind thereafter
you will be required to negotiate settlement with the supplier directly
and accept that we do not have any involvement in such negotiation.
Our Status
We are an energy broker and not an agent. That means our purpose is to
broker a contract between you and your chosen supplier and not to be
your agent during your dealings with that supplier. As seen in your
Application Journey, you submit your application data, in response we
present you with the data that is given to us by the various suppliers,
you choose your own selected supplier and we then facilitate the method
by which you and your selected supplier will then seek to contract with
each other.
Accuracy of displayed data
We accept in good faith that all pricing and other information that is
provided by the supplier and uploaded to our website(s) is accurate. As
this is a good faith arrangement we do not warrant or confirm that any
pricing and/or other information in respect to products displayed is
accurate, up to date, fit for purpose or relevant and accordingly we do
not warrant the accuracy of any information displayed on our website(s).
If you have any reason to believe the information displayed is incorrect
then please send an email to our customer services team at
[email protected]
and we will investigate any reported inaccuracy. For the avoidance of
doubt, should a price be displayed and subsequently found to be
incorrect then you will not be able to receive the product displayed
unless the supplier agrees to do so in writing. While we endeavour to
display prices as accurately as possible, we do not warrant the accuracy
of prices or information displayed on our website(s) and therefore we do
not accept any liability whatsoever in respect to you selecting an
inaccurately displayed product.
Data Protection
You acknowledge and accept that your entry of personal data and our
requirement to collect, store and transfer your data to a supplier of
your choosing is governed by the General Data Protection Regulation
(GDPR) and other Data Protection Legislation as may be in operation in
the UK from time to time. As a result of this you accept that we will
process your personal data as detailed within our Privacy Policy and are
happy to use our website for the purpose of gaining supply quotations
and making a supply application on this understanding. You confirm that
if you enter personal data belonging to a third party or we obtain
personal data as a result of you entering third party details then you
alone are responsible for any action that may arise in respect to a data
breach claim. We accept no responsibility or liability for any data that
has been provided to us fraudulently or by accident and we will report
such action and assist the appropriate authority to investigate such
data protection breach, this will include providing any details we have
in respect to your activities.
Hyperlinks
We make no claim or representation regarding, and accept no
responsibility for, the quality, content, nature or reliability of
websites accessible by hyperlink from our website(s), or websites
linking to our website(s).
Submissions
In using our website(s), you agree not to do any of the following:
-
impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity;
-
enter data that is not accurate or whereby you have no authority to
use that data from the data subject;
-
try to disseminate any harmful content of any kind, including
without limitation, viruses, Trojan horses, worms, time bombs,
zombies, cancel bots or any other computer programming routines that
may damage, interfere with, surreptitiously intercept or expropriate
any system, program, data or personal information.
All access to and use of our website(s) is governed by and subject to
this Terms of Use. We reserve the right, but not the obligation, to
access at any time and use internally for any lawful purpose information
you have entered and which is stored on our servers, including the
content of any emails or other communications. We may disclose such
information to any third party including law enforcement agencies to
protect our rights or property in response to legal process, or in a
good faith belief that such disclosure is justified or required in an
emergency situation. We may investigate any reported violation of this
Terms of Use or complaints and take any appropriate action that we deem
appropriate to prevent and/or stop such violation. We have the right,
but not the obligation, to take any action we deem appropriate,
including but not limited to issuing a warning, suspend or terminate
your access and use of our website(s) and related services at any time.
We take no responsibility and assume no liability for any content posted
or uploaded by you or any third party, or for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography or
profanity you may encounter and which has been inserted into our
website(s) by a third party or as a result of a third party’s
activities. You remain solely liable for the content of any messages or
other information you upload or transmit to interactive areas of our
website(s), including its accuracy, completeness and validity. You agree
to defend, indemnify and hold us, our parents, affiliates, employees,
agents and representatives harmless from any claim, action, demand,
loss, or damages (including lawyers' fees) made or incurred by any third
party arising out of or relating to your conduct, your violation of this
Terms of Use or your violation of any rights of a third party. Indirect
or attempted violations of this Terms of Use or our Privacy Policy, and
actual or attempted violations by a third party on behalf of a user of
our website(s) will be considered violations of this Terms of Use.
Use of Information
We will use the information you enter into our website and other
information that may be derived from the information you enter for the
purposes of providing you with a supply quotation and for assisting you
to complete a supply application. We will use your information as
further detailed within our Privacy Policy.
Change of terms
We reserve the right to modify the terms of this Terms of Use at our
sole discretion from time to time. If we change the terms of this Terms
of Use, then we will post up the new terms on our website(s) and record
the date within the Terms of Use as amended as to when the last update
was applied. Any changes or modification will take effect upon posting
of the new terms, and the use of our website(s) following the posting
will constitute the users acceptance of the new terms as written.
Limitation of Liability
In no event shall we be liable for any direct, special, punitive,
exemplary, indirect or consequential damages, or any other damages of
any kind, including but not limited to loss of use, loss of profit, loss
of reputation of goodwill, loss of business opportunity, or loss or
corruption of data, whether in action in contract, delict or tort
(including but not limited to negligence) caused by the suppliers, or
otherwise, arising out of or in any way connected with the use or
inability of the user to use our website in a proper manner, or
inaccuracy of pricing displayed on our website(s). The user agrees that
use of our website(s) to obtain quotations and to make supply
application is at their sole risk and if dissatisfied with our Services
or any portion thereof, their exclusive remedy shall be to stop using
our Services. Where a judiciary action is instigated by the user and a
court awards damages as a result of the user using our Services, then
the user accepts that our aggregate liability whether in contract,
warranty or tort (including but not limited to negligence) arising out
of or relating to the use of the Services shall not exceed an amount
equal to the actual commission paid by the supplier to us in relation to
the users change of supply (“Capped Liability”). For the avoidance of
doubt, if no commission is paid by the supplier to us for the
transaction in question then our Capped Liability shall be zero.
Consent to Email Communication
When you visit our website(s) or send email to us, you are communicating
with us electronically. You consent to receive communications from us
electronically and agree that we may communicate with you by email or by
posting a notice on our website(s). You agree that we may treat specific
actions by you, such as checking boxes to receive email updates, sending
us an email directly or through our website(s), or leaving a telephone
message with an email address for customer service to respond to a query
about your account, as a request that we communicate personal or
financial information with you by unencrypted email. You acknowledge and
agree that unencrypted email sent over the Internet is not secure and
may be read by others, and you agree that when you request that we send
you email you are authorising us to transmit and disclose your
information (including your personal or financial information) from time
to time in an unencrypted manner. You further acknowledge that emails
sent with this information are not stored in a secure manner. In
addition, we make no representations or covenants with regard to, and
assume no liability for, any communications between any third party and
the user using our website(s) including without limitation, any
representation, covenant or liability related to or arising from the
security or accuracy of any data included in such communications.
Privacy Policy
We process information about you in accordance with our Privacy Policy.
By using our website(s), you consent to such processing and you warrant
that all data provided by you is accurate. For the avoidance of doubt,
in case of contradiction between the terms of this Terms of Use and the
Privacy Policy, the Terms of Use shall take priority.
Cookie Policy
Our website(s) makes use of cookies in accordance with our Cookie
Policy.
Legality
This Terms of Use in electronic form and any other electronic documents,
policies and guidelines incorporated herein, including without
limitation the Privacy Policy and Cookie Policy, will be: (i) deemed for
all purposes to be a "writing" or "in writing," and to comply with all
statutory, contractual, and other legal requirements for a writing: (ii)
legally enforceable as a signed writing as against the parties subject
to the electronic documents; and (iii) deemed an "original" when printed
from electronic records established and maintained in the ordinary
course of business. Electronic documents introduced as evidence in any
judicial, arbitration, mediation or administer of proceeding will, if
established and maintained in the ordinary course of business, be
admissible to the same extent as business records in written form that
are similarly established and maintained.
Disclaimer
THE SERVICES WE PROVIDE VIA OUR WEBSITE(S) ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED SO FAR
AS IS PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY, TITLE, AND NON-
INFRINGEMENT WITH RESPECT TO THIS SERVICES PORTAL AND MATERIALS,
CONTENT, SOFTWARE, SERVICES AND THE SOFTWARE APPLICATION AVAILABLE ON OR
THROUGH THIS SERVICES PORTAL. WE DO NOT REPRESENT OR WARRANT THAT
MATERIALS ON THIS SERVICES PORTAL OR THE DESCRIPTION OF THE SERVICES
OFFERED ON THIS SERVICES PORTAL ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS
OR OMISSIONS RELATING TO ANY CONTENT INCLUDING PRICING, TEXT OR
PHOTOGRAPHY. WE DO NOT REPRESENT OR WARRANT THAT THIS SERVICES PORTAL OR
ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF
WE OR OUR AUTHORISED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICES
PORTAL, INCLUDING ALL CONTENT, DATA, MATERIALS OR SOFTWARE DISTRIBUTED
BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICES PORTAL IS AT
YOUR SOLE RISK.