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The
following are the terms and conditions of use of the
Switchit4u.co.uk website and call centre. Please read these
terms and conditions carefully before you use the
Switchit4u.co.uk website or call centre.
By using the Switchit4u.co.uk website or call centre you
indicate that you accept these terms and conditions. If you
do not accept these terms and conditions you must not use
the Switchit4u.co.uk website or call centre.
You can modify your browser settings to prevent cookies
being stored on your PC. For details on this please refer to
your chosen browser help files.
Data-Verification
Switchit4u.co.uk needs to validate key data to help provide
you with a competitive quote. This includes checking your
annual estimated consumption, checking the meter numbers are
correct and checking the supply address is correct. We use a
resource called ECOES to perform these checks. We only use
this to ensure we provide you with the most accurate quote
we can.
By agreeing to our terms and conditions you authorise us to
use this resource, if necessary, to confirm any of the
information above and any additional information needed to
provide you with a quote or to ensure the contracts from
quotes provided are validated correctly. This will assist in
the transfer process to your new supplier.
1. PARTIES
- This Agreement is made between you the customer
(“Customer”) and Switchit4u Limited, Company No 05921221
registered in the UK having its registered office at Suite
29 Dane St Manchester OL126XB (“Switchit4u.co.uk”);
- In this Agreement, unless the context otherwise requires:
“Internet” Means the global data network comprising interconnected
networks using the TCP/IP (“Transmission Control
Protocol/Internet Protocol”);
“Law”
means any law, statute or regulation, guideline or code of
conduct (whether or not having the force of law) in any
jurisdiction to which Switchit4u.co.uk or the Customer is
from time to time subject;
“Save-a-Search” Means the service that the Customer may register to receive
on the Switchit4u.co.uk website, which is designed to enable
the Customer to, amongst other things, save the searches
that the Customer conducts through the site;
“Service" means the service provided by Switchit4u.co.uk via the
Switchit4u.co.uk website or call centre whereby the Customer
may obtain impartial information on the Suppliers and the
services and products they offer and, potentially transact
with the Suppliers for the provision of those services
and/or products;
“Software” Means any proprietary software utilised by Switchit4u.co.uk
to enable the Customer to use the Service;
“Supplier” Means any supplier of services, products and/or goods
selected by Switchit4u.co.uk from time to time and who is
listed on the Switchit4u.co.uk website. 3. Switchit4u.co.uk reserves the right to amend these terms
and conditions at any time. All amendments to these terms
will be posted on-line. The Customer may terminate the
Agreement by written notice to Switchit4u.co.uk if the
Customer does not wish to be bound by such new terms and
conditions. Continued use of the Service or the
Switchit4u.co.uk website will be deemed to constitute
acceptance of the new terms and conditions.
2. PROVISION OF THE SERVICE
1. Use of the Services, the Switchit4u.co.uk website and the
Switchit4u.co.uk call centre are subject to the terms and
conditions set out in this Agreement.
2. The Service is made available to Customers solely to
communicate information and to permit the Customer to obtain
quotations from Suppliers or transact with Suppliers.
Switchit4u.co.uk will not be party to any such transactions
with Suppliers and all such transactions are subject to the
terms and conditions of the relevant Supplier and
Switchit4u.co.uk shall in no circumstances have any
liability whatsoever in respect of any such transaction.
Switchit4u.co.uk will not be responsible for any loss, cost
or damage incurred by Customers arising out of or in
relation to the transaction or attempt to enter into a
transaction (including but not limited to failure to
transmit or deliver any services, products or goods).
3. The Customer acknowledges that where relevant
Switchit4u.co.uk may pass his or her details to Suppliers or
potential suppliers for the purpose of attracting offers to
supply services from such Suppliers or potential suppliers.
Switchit4u.co.uk will obtain the Customers consent prior to
sending such details to Suppliers or potential suppliers.
4. Switchit4u.co.uk does not warrant and excludes all
liability in respect of the accuracy, completeness, fitness
for purpose or legality of any information accessed using
the Services on or accessed via the Switchit4u.co.uk
website, the Switchit4u.co.uk call centre or otherwise sent
to the Customer and the Customer agrees that sole
responsibility for the accuracy, completeness, fitness for
purpose or legality of information relating to Supplier's
information, goods or services shall rest with the Supplier.
5. Switchit4u.co.uk will use all reasonable endeavors to
ensure that the information relating to Suppliers' services
and the cost of such services is updated regularly. However,
the Customer acknowledges that the prices are not updated
every day and that it is the Customer's responsibility to
verify prices with the Supplier.
6. Switchit4u.biz does not guarantee to provide the Service
free of faults. In the event of a fault in the Service, the
Customer should report it by telephone on the support number
provided to the Customer.
7. Switchit4u.co.uk does not warrant that the Customer's use
of the Service will be uninterrupted and does not warrant
that any messages or information transmitted via the Service
will be transmitted accurately, reliably, in a timely manner
or at all. Switchit4u.co.uk reserves the right to make the
Service unavailable at any time, or to restrict access to
parts or all of it without notice.
8. Switchit4u.co.uk may at any time withdraw any Supplier
(or any product or service of a Supplier) from the Service.
9. Without limitation, the Customer undertakes not to use or
permit anyone else to use the Services or Switchit4u.co.uk
website:
- to send or receive any material which is grossly
offensive, of an indecent, obscene or menacing character,
blasphemous or defamatory of any person, in contempt of
court or in breach of confidence, copyright, rights of
personality, publicity or privacy or any other third party
rights;
- to cause annoyance, inconvenience or needless anxiety;
- to intercept or attempt to intercept any communications
transmitted by way of a telecommunications system;
- other than in conformance with accepted Internet
practices and practices of any connected networks; or
- In any way which is calculated to incite hatred against
any ethnic, religious or any other minority or is otherwise
calculated to adversely affect any individual, group or
entity.
10. If the Customer uses (or anyone other than the Customer,
with Customer's permission uses) the Service in
contravention of this Agreement, Switchit4u.co.uk may
suspend the Customer's use of the Services.
11. If Switchit4u.co.uk suspends the Services, it may refuse
to restore the Services until it receives an assurance from
the Customer, in a form deemed acceptable by
switchit4u.co.uk that there will be no further breach of the
provisions of this Agreement.
12. Switchit4u.co.uk reserves the right to block access to
and/or to edit or remove any material which in its
reasonable opinion may give rise to a breach of Clause 2.
13. The Customer grants Switchit4u.co.uk a royalty-free,
perpetual, irrevocable, non-exclusive right to use, copy,
modify, adapt, translate, publish and distribute world-wide
any material transmitted by the Customer via the Services,
save where such message is transmitted by way of private
correspondence.
14. Title, ownership rights and intellectual property rights
in and to the content accessed using the Services is the
property of the applicable content owner or Supplier and may
be protected by applicable copyright or other law. The
Agreement gives the Customer no rights to such content.
15. The following uses of the Services are expressly
prohibited:
- Resale of the Services and/or the Supplier's services,
products and/or goods without the prior written consent of
Switchit4u.co.uk or the relevant Supplier;
- Furnishing false data including but not limited to false
names, addresses and contact details and fraudulent use of
credit/debit card numbers;
- Attempting to circumvent Switchit4u.co.uk’s security or
network (“cracking”) including, but not limited to,
accessing data not intended for the Customer, logging into a
server or account the Customer is not expressly authorised
to access, or probing the security of other networks (such
as running a SATAN scan or similar tool);
- Executing any form of network monitoring which will
intercept data not intended for the Customer;
- Sending unsolicited mail messages, including the sending
of “junk mail”; or other advertising material to individuals
who did not specifically request such material. The Customer
is explicitly prohibited from sending unsolicited bulk mail
messages. This includes, but is not limited to, bulk mailing
of commercial advertising, promotional, or informational
announcements, and political or religious tracts. Such
material may only be sent to those who have explicitly
requested it. If a recipient asks to stop receiving e-mail
of this nature, the Customer may not send that person any
further e-mail;
- Creating or forwarding “chain letters” or other “pyramid
schemes” of any type, whether or not the recipient wishes to
receive such mailings;
- Malicious e-mail, including, but not limited to,
“mail-bombing” (flooding a user or site with very large or
numerous pieces of e-mails); and
- Entering into fraudulent transactions with Suppliers
(which shall be include but not be limited to entering into
transactions purportedly on behalf of a third party where
the Customer has no authority to bind that third party or
the Customer pretending to be a third party);
- Unauthorised use, or forging, or mail header information.
3. PAYMENT
- Use of the Switchit4u.co.uk website is currently free.
However, Switchit4u.co.uk reserves the right to charge the
Customer for certain services or impose charges for use of
services that were free. The Customer will be clearly
notified of any applicable charges before any such services
can be selected or before any charges are levied.
- The Customer shall be responsible for transmitting all
payments due to Suppliers on the terms agreed with the
relevant Supplier and Switchit4u.co.uk shall have no
responsibility for transmission of payments to a Supplier.
- Certain Suppliers will require details of the Customer's
credit or debit card and the Customer hereby agrees to
provide such details to Switchit4u.co.uk where necessary and
to the forwarding of such details by Switchit4u.co.uk to the
relevant Supplier.
4. CUSTOMER'S OBLIGATIONS
- Switchit4u.co.uk will inform the Customer of any
applicable terms and conditions imposed by a Supplier, in
relation to the supply of its services, products and/or
goods and the Customer agrees to abide by those terms and
conditions.
- The Customer acknowledges that the Customer will be
required to fully and accurately complete a registration
process, which will include the creation of a password, in
order to have access to Save-a-Search.
- The Customer warrants that all information provided on
registration and during the course of this Agreement is
true, complete and accurate and that the Customer shall
promptly inform Switchit4u.co.uk of any changes to such
information.
- Any password allocated to or created by the Customer to
enable the Customer to use the Services shall be kept
confidential by the Customer and the Customer shall
immediately notify switchit4u.co.uk if any authorised third
party becomes aware of that password. The Customer agrees
that any person to whom its user name or password is
disclosed is authorised to act as the Customer's agent for
the purposes of transacting via the Service. The Customer
shall take reasonable steps to prevent unauthorised access
to its account via any computer the Customer uses to access
its account.
5. INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (including all
copyright, patents, trade marks, service marks, trade names,
designs (including the "look and feel" and other visual or
non-literal elements) whether registered or unregistered) in
the Switchit4u.co.uk website, information and content on the
Switchit4u.co.uk website, any database operated by
Switchit4u.co.uk and Software shall remain the property of
Switchit4u.co.uk and the Customer shall not obtain, and
shall not attempt to obtain any title to any such
intellectual property rights.
- No part of the Service may be reproduced in any form or
used in any other way except in accordance with these terms
and conditions.
- Switchit4u.biz, Switchit4u, Switchit4u.com,
Switchit4u.co.uk and the Switchit4u logo are registered
trade marks of Switchit4u.Limited. You must not use these or
any other registered or unregistered trade marks on the
Service without the prior written permission of
Switchit4u.co.uk.
- Switchit4u.co.uk grants the Customer a non-exclusive
non-transferable license to use the Software solely in
executable form and only to the extent necessary for use of
the Service and for no other purpose.
6. TERMINATION
- Switchit4u.co.uk shall be entitled to suspend the
Services and/or terminate this Agreement if:
1. the Customer commits a breach of Clauses 2.9, 2.10, 2.11
and 2.15 which in Switchit4u.co.uk's reasonable opinion is
serious enough to merit immediate termination; or
- the Customer commits any breach of these terms and in the
case of a breach which is capable of remedy, fails to remedy
the same within 7 days after receipt of a notice giving
particulars of the breach requiring it to be remedied; or
- Switchit4u.co.uk suspects on reasonable grounds that the
Customer may have committed or be committing any fraud
against Switchit4u.co.uk or any Supplier.
2. The right to terminate this Agreement shall not prejudice
any other right or remedy of Switchit4u.co.uk in respect of
any breach or any rights, obligations or liabilities accrued
prior to termination.
7. CUSTOMER BREACH The Customer shall compensate Switchit4u.co.uk in full
for each loss, liability or cost incurred by
Switchit4u.co.uk arising out of:
- any claims or legal proceedings arising from the
Customer's use of the Services or use of the Services
through the Customer's password which are brought or
threatened against Switchit4u.co.uk by any other person; or
- 2. Any breach of this Agreement by the Customer.
8. LIMITATION OF LIABILITY
Nothing in these terms and conditions shall affect
Switchit4u.co.uk's liability in respect of:
- death or personal injury arising from its own negligence
or that of its employees, agents or contractors while acting
in the course of their employment by Switchit4u.co.uk; or
- any liability of Switchit4u.co.uk which cannot by Law be
excluded or restricted.
2. In performing any obligation under this Agreement,
Switchit4u.co.uk's only duty is to exercise reasonable care
and skill. - Switchit4u.co.uk does not warrant and excludes all
liability in respect of the accuracy, completeness, fitness
for purpose or legality of any information accessed using
the Services and Switchit4u.co.uk excludes all liability of
any kind for the transmission or the reception of or the
failure to transmit or to receive any material of whatever
nature.
- Except as provided in section 8.1 above, Switchit4u.co.uk
shall not be liable in contract, tort (including liability
for negligence), or otherwise for any loss or damages
suffered as a result of any use of the Services, including
but not limited to direct, indirect or consequential loss or
damage and loss of business, revenue or profits, anticipated
savings or wasted expenditure, corruption or destruction of
data.
9. DATA PROTECTION Switchit4u.co.uk shall comply with all applicable data
protection laws in the UK. For a description of how
Switchit4u.co.uk uses personal data the Customer should
refer to Switchit4u.co.uk’s privacy policy. Switchit4u.co.uk
is registered with the Information Commissioner's Office
under the Data Protection Act 1998. Our registration number
is Z9613289. Further information on our actual registration
is obtainable from the Information Commissioner's Office..
10. NO PARTNERSHIP / AGENCY 1. Nothing in this Agreement shall be construed to create a
joint venture, partnership or agency relationship between
the Customer and Switchit4u.co.uk and neither party shall
have the right or authority to incur any liability debt or
cost or enter into any contracts or other arrangements in
the name of or on behalf of the other.
11. ASSIGNMENT
1. The Customer shall not assign or delegate or otherwise
deal with all or any of its rights or obligations under this
Agreement. Switchit4u.co.uk shall have the right to assign
or otherwise delegate all or any of its rights or
obligations under this Agreement to any person or entity.
12. FORCE MAJEURE Switchit4u.co.uk shall not be liable for any breach of
its obligations under this Agreement where it is hindered or
prevented from carrying out its obligations by any cause
outside its reasonable control, including without limitation
by lightning, fire, flood, extremely severe weather, strike,
lock-out, labour dispute, act of God, war, riot, civil
commotion, malicious damage, failure of any
telecommunications or computer system, compliance with any
law, accident (or by any damage caused by any of such
events).
13. ENTIRE AGREEMENT AND NO WAIVER
- This Agreement represents the entire understanding
between the parties in relation to the subject matter herein
and supersedes all other agreements or representations by
either party, whether oral or written.
- No waiver by Switchit4u.co.uk of any future defaults,
whether of a like or different character. No granting of
time or other forbearance or indulgence by Switchit4u.co.uk
to the Customer shall in any way release, discharge or
otherwise affect the liability of the Customer under this
Agreement.
14. NOTICES Unless otherwise stated within this Agreement, notices to
be given to either party shall be in writing and shall be
delivered by hand, electronic mail (other than for the
purpose of legal process) sent by fax or pre-paid post to
the Customer at the address supplied to Switchit4u.co.uk or
to Switchit4u.co.uk at its address as specified on the
Switchit4u.co.uk website.
15. GOVERNING LAW This Agreement shall be governed by and construed in
accordance with the laws of England and Wales and both
parties hereby submit to the non-exclusive jurisdiction of
the courts of England and Wales.
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