Your use of our website(s)
You herein acknowledge that you understand that this website is owned, operated and maintained by Energylinx Ltd registration number SC244794, whose registration address is The e Centre, Cooperage Way, Business Village, Alloa, FK10 3LP ("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.
You are allowed to use our website(s) solely for the purpose of obtaining domestic energy supply quotations and for completing a supply application on behalf of yourself or that of a third party subject to appropriate consent. All other uses of the Software Application are prohibited.
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).
Energy Brokers or Agents
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 domestic 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 acknowledge 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
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 no binding agreement is formed until the supplier confirms in writing the terms on which they are willing to supply energy to your domestic premises.
You understand that we are not a party to any agreement made between you and your selected supplier and we have neither 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 have 14 days to contact the supplier and advise.
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@example.com 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 until relevant changes have been made. 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.
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.
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).
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.
Use of Information
Change of terms
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 authorizing 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.
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 AUTHORIZED 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.
Last Updated 11.05.2018