Terms and conditions of service and website use dated December 2015 (Terms)
Energy Scanner Limited (a company registered in England with company number 09801876, with its registered office at Berger House 36-38 Berkeley Square London United Kingdom W1J 5AE) (we, our or us) operates this Website and the services provided through it.
We use our Website to provide an online platform that matches electricity and/or gas suppliers (Energy Suppliers) who are offering to supply electricity and/or gas (the Energy Services) to non-domestic commercial customers (Customers). For Customers who are seeking to enter into a new agreement for Energy Services with either their current Energy Supplier or with a new Energy Supplier we generate the available Energy Supplier tariffs on the Website, pre-populate the contracts for the selected Energy Services and send the pre-populated contracts to Customers, with instructions, for signature (the Services).
All references in these Terms to you or your are to any and all users of the Website and/or the Services, including any user who is a representative of a Customer and who enters into any agreement on behalf of that Customer for Energy Services with an Energy Supplier.
ABOUT OUR TERMS AND CHANGES TO THEM
These Terms set out the legal terms and conditions which apply to your use of the Website, the Services and, if you choose to enter into agreements for Energy Services, which apply to your entering into agreements for Energy Services via the Website.
Please read these Terms carefully before you start to use our Website, the Services or before entering into any agreement for Energy Services through the Website. We recommend that you print a copy of these Terms for future reference.
By using our Website, Services and when entering into an agreement for Energy Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website, Services or enter into any agreement for Energy Services through the Website.
Changes to these Terms
We may change these Terms at any time by amending this page. We will display the effective date of these Terms at the top of this page and your continued use of our Website after such effective date constitutes your agreement to such changes. Please check this page from time to time to take notice of any changes we made, as they are binding on you from the date of such change.
In addition, before you wish to enter into an agreement with an Energy Supplier for Energy Services through the Website, please check these Terms to ensure you understand the terms which will apply at that time. Before confirming that you would like to enter into such an agreement, you will be asked to agree to the current Terms. You must check that box before proceeding.
The content and information displayed on our Website is Energy Scanner’s property and are collectively referred to as Energy Scanner Information. The downloading, reproduction, or retransmission of Energy Scanner Information is strictly prohibited.
CHANGES TO OUR WEBSITE AND SERVICES
We may update our Website or Services from time to time or change the content of the Website at any time. However, some content on our Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
ACCESSING AND USING OUR WEBSITE AND SERVICES
Our Website and Services are made available free of charge to you, although you will be liable for all charges that your internet service provider charges for providing you with their service. If you choose to enter into an agreement with an Energy Supplier for Energy Services through the Website we will receive a fee from the Energy Supplier for the agreement. Such fee may be passed in full or in part by the Energy Supplier onto you and may therefore be payable by you. Either way, the tariffs displayed on our Website include any fees payable to us by the Energy Supplier, and you will not be charged additionally. Information about our fee is displayed on the “Fee Transparency Page” of our Website.
We do not guarantee that our Website, or any content on it, or our Services will always be available or be uninterrupted. Access to our Website and Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website or our Services without notice. We will not be liable to you if for any reason our Website or our Services are unavailable at any time or for any period.
You agree to:
- use our Website and Services only for lawful purposes and purposes permitted by these Terms;
- not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Website;
- not take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our web pages or the Energy Scanner Information contained on our or through our Website, without prior express written consent from us;
- not interrupt, disrupt, alter, destroy, impair, restrict, tamper, or otherwise affect the proper operation of our Website in any way, including, without limitation, through the use of any malicious or unauthorised code, virus, worm, Trojan horse, malware, or program; and
- not use our Website in any threatening, libellous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner (we reserve the right in our sole discretion to revoke or deny your access to our Website, including, without limitation, if you violate any of the provisions of these Terms).
Agreements for Energy Services
You agree that you will only enter into agreements for Energy Services with Energy Suppliers in good faith and with authority for use by you, and not for other purposes, including without limitation, reselling or impermissibly assigning agreements for Energy Services.
Our Website contains information on Energy Services, not all of which are available in every location as they are dependent on your MRPN and MPAN numbers relating to your business address and postcode. A reference to an Energy Service on our Website does not imply that such Energy Service is or will be available in your location.
PROVISION OF BUSINESS INFORMATION
We will set up your details for your use of the Website and Services based on the Business Information you provide to us. You may not have more than one active user per business.
You agree to provide accurate, current and complete Business Information and to update such Business Information to keep it accurate, current and complete. We reserve the right to suspend or terminate your access to the Website and Services if you have more than one active user or if any Business Information provided to us proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your Business Information. You will take sole responsibility for any activities or actions carried out under your Business Information, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Business Information.
AGREEMENTS WITH ENERGY SUPPLIERS
Any agreement for Energy Services entered into via our Website is with your chosen Energy Supplier. Our Website facilitates the listing of Energy Suppliers and their tariffs (as calculated and provided for the Website) and entering into agreements for Energy Services with them. The identity of the Energy Supplier and the Energy Services and applicable price the Energy Supplier offers are listed in price comparisons which are generated on the Website. If you wish to view these comparisons, check real availability and enter into agreements for Energy Services then you must first provide your Business Information as set out in clause 5 above.
We make available our online platform to facilitate that meeting online for Energy Supplier and Customers who can then, if they so choose, enter into agreements for Energy Services with each other. You should understand that Energy Scanner is not the provider of the Energy Services or the employer of the Energy Suppliers, but that it does receive a fee from Energy Suppliers for each agreement entered into between an Energy Supplier and a Customer. Information about our fee is displayed on the “Fee Transparency Page” of our Website. Your Energy Supplier might pass such fee in full or in part onto you; if the fee is passed on to you, it will be included within the price comparisons displayed to you.
Our responsibilities are limited to:
- facilitating the generation and display of price comparisons on the Website;
- matching the tariffs of Energy Suppliers to MRPN and MPAN numbers relating to the Customer’s address and postcode;
- ranking the tariffs of Energy (as calculated and provided for the Website) according to your selected preference (for example, from cheapest to most expensive); and
- where a Customer elects to enter into an agreement for Energy Services with an Energy Supplier through the Website, facilitating the electronic signature of such agreement.
WE REQUIRE ENERGY SUPPLIERS TO SUPPLY ACCURATE INFORMATION (INCLUDING TARIFF INFORMATION) ABOUT THEMSELVES AND THEIR ENERGY SERVICES BUT ENERGY SCANNER IS NOT RESPONSIBLE FOR AND DOES NOT CONTROL THIS INFORMATION, INCLUDING AS THAT INFORMATION IS CONTAINED IN THE LISTINGS OF THE ENERGY SUPPLIERS ON THE WEBSITE. ENERGY SCANNER DOES NOT WARRANT THE SUITABILITY OF THE ENERGY SUPPLIER FOR YOUR NEEDS. ENERGY SCANNER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY (TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW) RELATED OR ARISING FROM ARISING FROM ANY LISTING OF OR ANY ENERGY SUPPLIER. ACCORDINGLY ALL AGREEMENTS ENTERED INTO FOR ENERGY SERVICES ARE AT (AND ENERGY SERVICES ARE PROVIDED AT) THE CUSTOMER’S OWN RISK.
NO ENDORSEMENT OF ENERGY SUPPLIERS
We do not endorse any Energy Supplier or any of their Energy Services. Energy Suppliers are required to provide accurate information to us, and although we may undertake additional checks and processes designed to help verify or check the status and eligibility of the Energy Suppliers, we do not make any representations about, confirm, or endorse any Energy Supplier or the Energy Supplier’s status or eligibility.
Any reference to an Energy Supplier on our Website only indicates that the Energy Supplier has entered into an agreement with us to offer its Energy Services on the Website and does not represent anything else. Any such description is not an endorsement, certification or guarantee by us of any Energy Supplier, including of their status and eligibility to deliver Energy Services to Customers. Any such listing description is intended to be useful information for you to evaluate when you make your own decisions about the suitability of the Energy Supplier. We therefore recommend that you always exercise due diligence and care when deciding whether to use an Energy Supplier or enter into any agreement for Energy Services.
EXCEPT AS PROVIDED IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH ENERGY SUPPLIERS. BY USING THE WEBSITE OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF ENERGY SUPPLIERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR ENERGY SUPPLIER OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM US WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
ENTERING INTO AGREEMENTS WITH ENERGY SUPPLIERS
Any confirmation by you to enter into an agreement with an Energy Supplier through the Website will automatically generate a pre-populated contract as soon as that confirmation is made. We will then send you the pre-populated contract, along with instructions to complete the signing process, at which point the agreement comes into effect. Once the agreement for Energy Services comes into effect between the Energy Supplier and the Customer, and electricity and/or gas is supplied under that agreement, we receive our fee for the agreement.
When you confirm that you would like to enter into an agreement with an Energy Supplier, we will share with the Energy Supplier your business name and address and the details of the Energy Services requested.
The Energy Suppliers, not us, are solely responsible for honouring and making available any Energy Services requested through the Website. If you sign an agreement with an Energy Supplier, you understand and agree to accept any terms, conditions, rules and restrictions associated with such Energy Services imposed by the Energy Supplier.
YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT US, WILL BE RESPONSIBLE FOR PERFORMING THE OBLIGATIONS OF ANY SUCH AGREEMENTS, THAT WE ARE NOT A PARTY TO SUCH AGREEMENTS, AND THAT WE DISCLAIM ALL LIABILITY FROM OR RELATED TO ANY SUCH AGREEMENTS.
INTELLECTUAL PROPERTY RIGHTS
Our Website may contain or reference trade marks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Energy Scanner and/or other parties. No licence to or right in any such trade marks, patent, copyrighted material, trade secret, technology, product, processes, moral rights and other proprietary rights of Energy Scanner and/or other parties is granted to or conferred upon you.
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it including any content which you or other users upload to our Website. You hereby agree to assign to us upon the creation and uploading of such content by you all intellectual property rights subsisting in such content now or in the future anywhere in the world and you agree to waive any moral rights which you may have in such intellectual property rights. The works on the Website are protected by copyright and other intellectual property rights laws and treaties around the world. All such rights are expressly reserved to us.
You may print off one copy or may download an extract of any page(s) from our Website for use by the business and you may draw the attention of others within your business to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without our prior written consent. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged by you.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. With respect to all communications you make to us regarding Energy Scanner Information including but not limited to feedback, questions, comments and suggestions:
- you consent to us collecting, using and disclosing these communications and you agree that you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure;
- we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and
- we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Although we make reasonable efforts to update the information on our Website, our Website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We are not responsible or liable for any such inaccuracies, errors or omissions, and shall have no obligation to honour agreements or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to Energy Scanner Information, and to the services described in such information, at any time without notice, including after confirmation of a transaction.
We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We do not guarantee that our Website will be secure or free from bugs or viruses.
Whenever you upload content to our Website, or make contact with other users of our Website, you must comply with the content standards set out in these Terms. You will be solely responsible for and are the sole author of the content of any contribution you may make to our Website. Any content you upload to our Website will be considered non-confidential and non-proprietary. You hereby grant us a unrestricted perpetual transferable worldwide licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We reserve the right to remove or refuse to publish any posting you may make on our Website if, we believe, your post does not comply with the content standards set out in these Terms including those that may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. We may also remove or refuse to publish any posting you may make on our Website including in (but not limited to) circumstances where we consider that your posting contains a misstatement as to fact or is otherwise misleading.
LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English or any other applicable law.
We will use reasonable skill and care in providing the Website and the Services. However, we exclude to the maximum extent permitted by applicable law, all other representations, warranties, conditions and terms which may apply to our Website or any content on it and our Services, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Website, use of or reliance on any content displayed on our Website or our Services.
To the maximum extent permitted by applicable law we will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website. Any comment you may post must be genuine, accurate and lawful and must comply with the applicable law in the United Kingdom and in any country from which they are posted.
To the maximum extent permitted by applicable law, we and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with its use, or results from the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it and the website you are linking with is owned by you.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these Terms.
THIRD PARTY LINKS AND RESOURCES IN OUR WEBSITE
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
If any provision of these Terms is unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
WAIVER AND VARIATION
A waiver of any right or remedy under these Terms or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party under these Terms to exercise any right or remedy will constitute a waiver of that or any other right or remedy, or prevent or restrict the further exercise of that or any other right or remedy.
Except as set out in these Terms, no variation of these Terms, including the introduction of any additional terms and conditions shall be effective unless it is in writing and agreed by us.
Any matter that arises out of your use of our Website or Services (excluding any agreement entered between you and Energy Suppliers through this Website, which shall be governed by the laws which are specified in that agreement) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All agreements for Energy Services are agreed to be concluded in English.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at email@example.com.