1. About Us
1.1 www.energyhelpline.com, www.firsthelpline.com, www.greenhelpline.com, www.moneyhelpline.com, and www.switchandgive.com ("the Web Site") are web sites operated and owned by Fundraising Innovations Ltd ("we","us") aimed at private consumers or non-commercial price comparison between various energy suppliers and providers of financial and other services. Fundraising Innovations Ltd, is a Company registered in England and Wales with a company
Registration No 04426857 and having its registered office at The Cart Wagon Lodge, Friday Street Farm, Friday Street, East Sutton, Kent ME17 3DD.
1.2 The Web Site enables you to compare prices, customer service ratings and other information relating to the Product Providers and products and services offered by them. Use of this service is free. You may also choose to switch your Product Provider using the site. The switch will be completed either by completing an online application form on the website or by linking into another website which can facilitate the switch. If you prefer you can call our team who may be able to complete the switch over the telephone.
1.3 These terms and conditions apply to all and any use of the Web Site. If you do not accept these terms and conditions please do not use the website and leave now. The Product Providers have their own terms and conditions that you will be subject to when using the Product Providers' product or services.
1.4 Since we are principally aiming the Web Site at the UK consumers, we cannot guarantee that the Web Site accords with the local laws of any other countries. You are therefore responsible for compliance with the laws of your own country if you are outside the UK.
2. Intellectual Property Rights
2.1 The design, layout, text, images, tables, compilations, concepts and other works on the Web Site and all underlying software and source code are our property and all copyright, design right, database right, personality right, moral rights, patents, know-how, inventions, trade names, trade marks, trade secrets, logos and devices (whether registered or unregistered) belong to and vest in us or our licensors.
2.2 We do not give you any right or interest in any intellectual property rights featured on the Web Site and none of the material featured on the Web Site may be reproduced or redistributed without our prior written consent for any purpose than your own private, non-commercial use.
2.3 Copyright in all software and source code relating to the design, development or maintenance of the Web Site is owned by or licensed to us, unless otherwise specified, and may not be used, replicated, copied, modified, distributed, adapted, printed or downloaded without our express permission.
2.4 All rights in the domain names www.firsthelpline.com, www.energyhelpline.com, www.greenhelpline.com, www.moneyhelpline.com, and www.switchandgive.com and FirstHelpline, EnergyHelpline, GreenHelpline, MoneyHelpline and SwitchandGive marks are owned by us. Other trading names, company names and trade marks featured on the Web Site are trade marks belonging to the Product Providers or other third parties.
2.5 We do not make any warranty or representation in respect of any other trade marks than those owned by us and any other trade marks featured on the Web Site are featured at their owners' risk.
3.1 We grant you a personal, non-exclusive, revocable, non-transferable license to use the software that you may download on the website in order to access and collect information relating to the Product Providers' products and Services as permitted by use of the price comparison service and switching service provided by the website
3.2 When using the software you are accessing and collecting information from the Suppliers on your own behalf and not as an agent of Fundraising Innovations Ltd.
3.3 This licence is granted for private, non-commercial and personal use only and can be terminated at any time at the sole discretion of Fundraising Innovations Ltd.
4.1 Please note that majority of products and services that you may purchase via the Web Site are provided by our Product Providers. We do not monitor, verify or endorse information featured on the Web Site relating to the suppliers product and services. In particular, we do not confirm any of the prices quoted on the Web Site and it is your responsibility to ensure that the prices and other information relating to products and services are correct. We make no guarantee and accept no liability as to the correctness of any information, products or services. Use of any information or purchase of products or services and switching Suppliers will be entirely at your own risk and may be subject to the Product Providers own terms and conditions.
4.2 Nothing on the Web Site shall be deemed to constitute financial advice to induce you to purchase products or services from the Suppliers. The Web Site is an information guide only. If any information on the Web Site is unclear or you are unsure about the most appropriate product or service for you we recommend that you to seek professional advice before purchasing any of the products or services featured.
4.3 We will not be liable for any indirect or consequential loss to you. We do not accept any liability in the event of withdrawal of any product or rejection of your application by the Product Provider for any reason whatsoever. We cannot be responsible for the services offered by Product Providers or for any aspect of the relationship between you and the Product Provider.
4.4 We do not guarantee access to the website at all times and do not guarantee that information will be transmitted accurately or in real time. We will not be liable for any loss or damage that occurs at any stage of the switch process or an attempted switch, including failure to transmit, process or deliver any services or products.
4.5 We will have no liability in respect of any other web site or page on the internet accessible from the Web Site.
4.6 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by negligence or fraud on our part.
4.7 Except as provided above we give no other warranties, conditions or terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law, subject to your statutory and common law consumer rights which remain in full force and effect.
5.1 We are committed to protecting your privacy and promise to use information collected about you in accordance with the Data Protection Act 1998. We collect information about you to enable us to process your order and to send contact details to your Product Provider. If you do not complete your order through us then we may use your contact details to get in touch and give you the chance to complete your order or to give us feedback.
5.2 We may pass information about you to our agents and service providers. This may involve passing your information outside of the European Economic Area (EEA) to countries that do not have the same data protection standards as we do in the UK. If we, or our agents and service providers, do this, we will make sure that it happens with the relevant protections in place.
5.3 We may monitor your call when you call our sales or customer service teams or when we call you. This is for quality monitoring and training purposes and helps to improve the service that we provide to our customers.
5.5 We will use your details for marketing purposes only with your prior consent. However, if you have used the service through a third party then we will share contact details with them or their marketing partners and agencies in line with their normal practice.
5.6 We will not sell on any of your information to any third party, however your information may be used for marketing purposes by all divisions of Fundraising Innovations Ltd.
5.7 We are committed to the security of your personal information and we have security procedures in place to protect the loss, misuse or alteration of information under our control. We have security measures in place to protect its user database and access to this database is restricted. All information collected or processed via the Web Site is encrypted making it secure, inaccessible and unrecognisable to any third parties.
5.8 We may amend these terms and conditions from time to time. If we make any substantial changes in the way your personal information is used we will make that information available by posting a notice on the Web Site.
6.1 Payments for Suppliers' products and services will be made direct to the Product Providers under their terms and conditions.
6.2 When you switch your Product Provider via the Web Site we will receive a brokerage fee from the relevant Provider. If you switch your supplier by using Switch & Give a proportion of this fee will be paid to a charity nominated by you via the Web Site.
6.3 We assume no responsibility for organising or making payments to the Product Providers. We merely provide a facility enabling you to switch your supplier online.
6.4 Promotional offers from Product Providers will be fulfilled at the terms available at the time of processing the application. This may not be the date on which application details were entered onto the website.
6.5 For information on cashback payments please refer to the "Cashback" section below.
7.1 If you have any complaints or comments about us or the service provided via the Web Site you can contact us at any time by either emailing email@example.com or writing to our Customer Services at The Cart Wagon Lodge, Friday Street Farm, Friday Street, East Sutton ME17 3DD.
7.2 We will acknowledge receipt of your complaint within five working days and keep you informed throughout the process and initially inform you how long it is likely to take to resolve the matter.
7.3 If you switched suppliers through our online service and want to raise a formal dispute, you can do so through the European Commission at http://ec.europa.eu/odr. They will then forward the details of your complaint to your supplier’s nominated dispute resolution service to investigate.
8.1 The Web Site and these terms and conditions are subject to the laws of England and any disputes must be brought in English Courts.
8.2 You can contact us at The Cart Wagon Lodge, Friday Street Farm, Friday Street, East Sutton ME17 3DD. You may also contact us by email at firstname.lastname@example.org, or by telephoning us during office hours on 0800 634 3868.
9.1 Cashback is available for customers completing a dual switch, or single switches via our service on a cashback website (which shows "cashback terms and conditions" at the bottom of the screen), or with an advisor through our call centre, mentioning cashback.
9.2 The cashback amounts will be paid at £17 per successful fuel switched via our website on a cashback link, or £10 per successful fuel switched via our call centre.
9.3 For the avoidance of doubt, a switch is deemed successful when Fundraising Innovations have received confirmation from the new supplier that the switch is live and suppliers have paid commission for these switches.
9.4 Timescales for cashback payments vary by supplier. Cashback payments will be made to customers when Fundraising Innovations have received confirmation from suppliers that the relevant switches were successful. Cashback payments are made to customers up to 90-120 days after the switch goes live.
9.5 Where possible cashback will be paid into the bank account provided on the switch application and will be made via BACS transfer in the name of Fundraising Innovations Limited. Cashback will only be paid to the person named on the switch application and not a third party. Payment by BACS is the quickest and safest way of transferring monies and we encourage customers to input their bank account number and sort code using the secure website functionality provided.
9.6 From time to time, some suppliers may offer additional incentives (in the form of cashback or gifts). These will be highlighted on the website and will vary by supplier and product; if you complete an application to a product with an associated special offer, you will receive a separate confirmation email containing relevant Terms and Conditions at the time.
9.7 Fundraising Innovations is committed to paying all cashback as advertised on our website; in the event of a payment dispute Fundraising Innovations reserves the right to make the final decision on eligibility.
9.8 Fundraising Innovations treats fraud as a serious offence and our standard policy is to notify the appropriate authorities in the event that fraud is suspected.
10. Huge Switch
10.1 This promotional offer runs from time to time through the Huge Switch website at www.hugeswitch.com, or through the URLs www.energyhelpline.com/cashback-hugeswitch or www.energyhelpline.com/cashbackmse-hugeswitch. The timescales for the offer are publicised in promotional material and the website will clearly state the cashback amounts applicable to the offer at the time. Outside of Huge Switch offer periods, standard cashback amounts apply of £17 per fuel for online application.
10.2 Huge Switch is only available online; we apologise that it is not currently available through our call centres.
10.3 It is not available to customers who have made a household energy switch application through any switching services operated by Fundraising Innovations Limited within 3 months of their Huge Switch switching date. For the purposes of this offer Fundraising Innovations operated services include energyhelpline and switchandgive.
10.4 For the avoidance of doubt if a customer has cancelled a switch application within the last 3 months which was processed through a switching service operated by Fundraising Innovations Limited they will not be eligible to participate in Huge Switch.
10.5 Fundraising Innovations is committed to paying all cashback as advertised on our website; in the event of a payment dispute Fundraising Innovations reserves the right to make the final decision on eligibility.
10.6 Huge Switch cashback will only be paid for successful switches. For the avoidance of doubt, a switch is deemed successful when Fundraising Innovations have received confirmation from the new supplier that the switch is live and suppliers have paid commission for these switches.
10.7 Timescales for cashback payments vary by supplier. Cashback payments will be made to customers when Fundraising Innovations have received confirmation from suppliers that the relevant switches were successful. Cashback payments are made to customers up to 90-120 days after the switch goes live.
10.8 Where possible cashback will be paid into the bank account provided on the switch application and will be made via BACS transfer in the name of Fundraising Innovations Limited. Cashback will only be paid to the person named on the switch application and not a third party. Payment by BACS is the quickest and safest way of transferring monies and we encourage customers to input their bank account number and sort code using the secure website functionality provided.
10.9 Fundraising Innovations treats fraud as a serious offence and our standard policy is to notify the appropriate authorities in the event that fraud is suspected.
11. Collective Switching
11.1 In order to switch to a Collective winning deal (i.e. be eligible):
(i) Registration must occur before the switching window opens;
(ii) Registration to a relevant closed group email marketing list must have occurred before the switching window opens.
11.2 We may need to validate your registration and may request further information from you (such as the email address, or telephone number that you used to register) to assist us. Your application will be processed after this is completed. If we are unable to confirm eligibility, we will cancel the application and may contact you to offer a new comparison. If you didn’t register in time, you can still view a market comparison.
1.1 The following definitions apply to these Terms and Conditions of Service (the “Terms”):
Contract Cancellation Administration Fee: has the meaning set out in clause 4.7.
Call Centre: means the call centre operated by ENERGYHELPLINE for the purposes of providing the Business Energy Services.
Contract Checking Service: means the contract checking service that ENERGYHELPLINE agrees to provide to the Customer whereby ENERGYHELPLINE obtains, on the Customer’s behalf, information about the Customer’s existing contractual position with the Customer’s Existing Supplier, details of which can be found by calling 0800 008 7772.
Credit Score Criteria: means the credit rating requirements as may be determined and required by ENERGYHELPLINE and/or the Supplier from time to time in order for a Customer to qualify to use the Services and contract with a Supplier.
Customer: means any non-domestic commercial customer who satisfies the eligibility requirements set out in clause 3.2 and to whom ENERGYHELPLINE agrees to supply any of the Services from time to time.
Existing Supplier: means the Customer’s existing third party energy/utilities supplier.
Intellectual Property Rights: means any and all intellectual property rights, including without limitation copyright, patents, rights in inventions, design rights, trade marks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business, trade and domain names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wheresoever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.
Investigating Letter of Authority: means a letter that the Customer will have to sign authorising ENERGYHELPLINE and its intermediaries to act on its behalf and to contact and liaise with the Customer’s Existing Supplier, as may be required in the course of ENERGYHELPLINE providing the Contract Checking Service.
ENERGYHELPLINE: means energyhelpline.com, a trading name of Fundraising Innovations Ltd which is a company registered in England and Wales under company number 04426857 and which has its registered office at The Cart Wagon Lodge, Friday Street Farm, Friday Street, East Sutton, Kent ME17 3DD.
Price Comparison Service: means the price comparison service that ENERGYHELPLINE agrees to provide to the Customer whereby the Customer is provided with free, impartial information on Suppliers’ prices in relation to the services and products offered by the Suppliers, details of which can be found by calling 0800 008 7772.
Quotation: means a quotation provided to the Customer by ENERGYHELPLINE on behalf a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply the Supplier Services to the Customer.
Services: the services provided by ENERGYHELPLINE whether via the Site, the Call Centre or otherwise, to which the Customer chooses to subscribe from time to time, which shall include the Price Comparison Service, the Switching Service, the Contract Checking Service and/or the Contract Management Service.
Site: means the website http://www.energyhelpline.com/business.
Supplier: means any third party energy/utilities supplier of services and/or products as may be selected by ENERGYHELPLINE and/or listed on the Site from time to time, including without limitation, the Existing Supplier (where applicable).
Supplier Services: means the energy/utilities supply services and/or products as may be agreed to be provided by a Supplier to a Customer from time to time.
Switching Service: means the switching service that ENERGYHELPLINE agrees to provide to the Customer whereby ENERGYHELPLINE agrees to either: (i) facilitate the switching of the Customer to the Supplier; or (ii) assist in the renegotiation of the Customer’s arrangements with its Existing Supplier; in each case if the Customer has accepted a Supplier’s Quotation presented to it as part of the Price Comparison Service, details of which can be found by calling 0800 008 7772.
2. Application of Terms
2.1 Subject to clause 2.2 below, these Terms shall apply to the provision of any Service by ENERGYHELPLINE to a Customer and shall apply in place of, prevail over and supersede any other terms or conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by ENERGYHELPLINE or an ENERGYHELPLINE authorised representative.
2.2 From time to time ENERGYHELPLINE may supplement these Terms with additional terms relevant to the provision of certain Services, including without limitation the Contract Management Services. These additional terms may be placed on the Site and/or sent to you and you agree that any such additional terms are hereby incorporated into these Terms.
3. Subscribing to the Services
3.1 In order to use any of the Services, the Customer will need to register with ENERGYHELPLINE via the Call Centre or the Site. ENERGYHELPLINE may, in their sole discretion, refuse to register any business as a Customer.
3.2 In order to be eligible to register to use the Services, the Customer must:
(a) be a business that is resident in the UK;
(b) be aged eighteen years or over (if a sole trader);
(c) meet any Credit Score Criteria required by ENERGYHELPLINE and/or any Supplier; and
(d) be able to provide ENERGYHELPLINE with all such relevant information as ENERGYHELPLINE may require in order to provide the Services to the Customer.
4. Provision of Services
Price Comparison Service
4.1 If the Customer opts for and ENERGYHELPLINE agrees to provide the Price Comparison Service, ENERGYHELPLINE will use its reasonable endeavours to negotiate and secure as favourable and competitive prices as possible on behalf of the Customer and will provide the Customer with any relevant Quotations obtained by the Suppliers for consideration by the Customer. ENERGYHELPLINE and the Supplier reserve the right to revise, amend or withdraw any Quotation at any time upon informing the Customer.
4.2 The provision of any Quotation by a Supplier via ENERGYHELPLINE does not constitute an offer to the Customer and the terms of a Quotation and duration for which any Quotation will be valid will vary depending on the Supplier. The Customer’s acceptance of a Quotation constitutes a non-revocable offer by the Customer to engage the Supplier to provide the Supplier Services and once such an offer has been made by the Customer, the Customer shall be committed to such offer and shall not be entitled to revoke the offer.
4.3 All offers made by Customers shall be subject at all times to the Supplier’s acceptance and the Supplier shall be entitled at any time to refuse to accept a Customer’s offer for any reason at the Supplier’s sole discretion. No offer placed by the Customer shall be accepted by the Supplier other than: (a) by a written acknowledgement issued and executed by the Supplier; or (b) (if earlier) by the Supplier starting to provide any of the Services.
4.4 If the Customer makes an offer based on a Quotation and if the Supplier accepts the Customer’s offer, ENERGYHELPLINE will provide the Switching Service which will include organising the contract between the Supplier and the Customer (the “Contract”) for the supply and purchase of the Supplier Services. ENERGYHELPLINE shall not be responsible for any delay or failure caused by any Supplier or Existing Supplier in relation to effecting any transfer.
4.5 ENERGYHELPLINE will arrange the Contract based on the information provided by the Customer to ENERGYHELPLINE. Prior to completion of the Contract, the Customer’s information will be confirmed by ENERGYHELPLINE with the Customer by email, via the Call Centre or by letter. It is the Customer’s responsibility to ensure at this point that all the Customer information is true, accurate, complete, reliable and current in all respects and to inform ENERGYHELPLINE promptly if there are any errors and/or if any amendments are required. If any of the Customer information needs to be amended or rectified, this may result in the transfer being delayed or rejected by the Supplier.
4.6 Once the Contract is in final form, ENERGYHELPLINE will communicate a summary of the key terms of the Contract to the Customer. During the verbal contract The Customer must check that all the details are correct and must inform ENERGYHELPLINE of any errors and/or amendments before agreeing to the contract.
4.7 If a Customer subsequently decides to not proceed with providing its custom to the Supplier in respect of which ENERGYHELPLINE has performed the Price Comparison Service and the Switching Service, ENERGYHELPLINE shall be entitled to charge the Customer an administration fee of £150 plus VAT (the “Contract Cancellation Administration Fee”).
4.8 The Customer agrees that within reasonable time and by no later than 15 days prior to the last day upon which notice to terminate the Contract can be served by the Customer, the Customer shall contact ENERGYHELPLINE so as to enable ENERGYHELPLINE to perform the Price Comparison Service again on behalf of the Customer. ENERGYHELPLINE shall also be entitled, but not obliged to, contact the Customer for the same purpose.
4.9 The Customer acknowledges that by entering into a Contract with a Supplier, the Customer will be contracting directly with the Supplier and not with ENERGYHELPLINE. The Customer agrees that ENERGYHELPLINE is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between the Customer and any Supplier and that any such transaction, dealing or arrangements (including, without limitation, any payment obligations of the Customer thereunder) are the Customer’s sole risk and responsibility.
Contract Checking Service
4.10 If the Customer opts for and ENERGYHELPLINE agrees to provide the Contract Checking Service, the Customer will be required to sign an Investigating Letter of Authority authorising ENERGYHELPLINE to contact and liaise directly with the Customer’s Existing Supplier and the Customer agrees to promptly provide to ENERGYHELPLINE all such information and assistance as ENERGYHELPLINE may require in order to carry out the Contract Checking Service.
4.11 Upon receipt of a signed Investigating Letter of Authority ENERGYHELPLINE will send to the Customer’s Existing Supplier a questionnaire requesting details of the key terms of the Customer’s arrangements with the Existing Supplier, including the contract end date, notice period, termination process, current prices and details of the Customer’s consumption.
4.12 Once ENERGYHELPLINE has received a response to the questionnaire from the Existing Supplier, ENERGYHELPLINE will use its reasonable endeavours to forward such response to the Customer. However, ENERGYHELPLINE shall not be responsible for any delay or failure by the Existing Supplier to respond to the questionnaire and/or to cooperate with ENERGYHELPLINE in relation to any request ENERGYHELPLINE may make whilst performing the Contract Checking Service.
4.13 Within reasonable time and no later than 15 days prior to the last day upon which notice to terminate the Customer’s arrangements with its Existing Supplier can be served by the Customer, ENERGYHELPLINE shall be entitled, but not obliged to, contact the Customer to request if the Customer would like to make use of the Price Comparison Service.
5.1 Save in respect of clause 4.7 above, ENERGYHELPLINE will provide the Services free of charge. However, ENERGYHELPLINE reserves the right to be entitled to charge for any of the Services and/or impose charges at any time in its sole discretion, upon reasonable notification to the Customer. If the Customer does not agree to such charges, the Customer shall be entitled to opt out of receiving the Services to which it had subscribed.
5.2 Any Administration Fee payable under clause 4.7 above shall be payable to ENERGYHELPLINE by no later than 30 days from the date of the invoice for the same.
5.3 Without prejudice to ENERGYHELPLINE’s other rights and remedies, if the Customer fails to pay when due any amount payable by it under or in connection with these Terms, it shall forthwith on demand by ENERGYHELPLINE pay interest on the overdue amount from the due date until the date of actual payment (after as well as before judgment) at the rate of 8 per cent. per annum or such percentage equivalent to the statutory rate of interest prescribed for judgments from time to time in place. In the alternative and where appropriate, ENERGYHELPLINE reserves the right to claim interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
6. Customer's obligations
6.1 In addition to the Customer’s other obligations set out in these Terms, the Customer warrants, represents and undertakes:
(a) to co-operate with the Supplier(s) in all matters relating to the Services including, without limitation, providing all relevant information in a timely manner as the Supplier(s) and/or ENERGYHELPLINE may require from time to time and that all such Customer information will be true, accurate, complete, reliable and current in all respects;
(b) to comply at all times with these Terms and any applicable terms and conditions imposed by a Supplier in relation to the supply of the Supplier Services;
(c) that any password, user details and/or account number allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer at all times. ENERGYHELPLINE will be entitled to assume that any person using the Customer’s password, user details and/or account number is the Customer or someone doing so with the Customer’s permission. The Customer shall be responsible and liable for any actions of any person using the Customer’s password, user details and/or account number and shall immediately notify ENERGYHELPLINE of any unauthorised use of the same.
7. Intellectual property rights
The Customer agrees that any and all Intellectual Property Rights in or to the Services, any information and/or materials provided the Customer, the Site and any content therein (including, without limitation, the look and feel of the Site) shall remain owned by ENERGYHELPLINE and/or its licensors and any use or attempted use of any of the same shall constitute an infringement of ENERGYHELPLINE’s (and/or its licensors’) Intellectual Property Rights and may expose the Customer to both civil and criminal liability.
8.1 Without prejudice to the foregoing and any other rights and remedies that ENERGYHELPLINE may have, ENERGYHELPLINE shall be entitled to terminate or suspend the Services immediately upon written notice to the Customer in the event that: (a) the Customer is in breach of any of the provisions of these Terms and that in the case of a breach capable of remedy, such breach shall not have been remedied within 7 days of the date of a written notice from ENERGYHELPLINE to the Customer specifying such breach; or (b) ENERGYHELPLINE suspects on reasonable grounds that the Customer may have committed or attempted to have committed any fraud against ENERGYHELPLINE and/or any Supplier.
8.2 The Customer hereby agrees to indemnify, keep indemnified, defend and hold ENERGYHELPLINE and its parent companies, subsidiaries, affiliates and each of their respective officers, directors, employees, owners, agents, suppliers, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with any use by or conduct of the Customer in relation to any of the Services, any transactions, dealings or arrangements made with any third party as a result of using the Services or any breach of any of the provisions of these Terms or of any law or the rights of any third party.
9. Limitation on Liability
9.1 ENERGYHELPLINE will exercise all reasonable skill and care in providing the Services. However, the performance of the Services by ENERGYHELPLINE may be dependent upon on third parties (including, without limitation, Suppliers and Existing Suppliers) and ENERGYHELPLINE is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to the Customer by such parties via ENERGYHELPLINE.
9.2 ENERGYHELPLINE shall use its reasonable endeavours to ensure that all pricing information provided by ENERGYHELPLINE to the Customer as part of the Pricing Comparison Service is accurate, current and reliable in all material respects. However, save in respect of the foregoing, ENERGYHELPLINE does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purposes or legality of any information accessed as a result of the Customer’s use of the Services, the Site or the Call Centre or otherwise communicated by ENERGYHELPLINE to the Customer.
9.3 Except as expressly provided in these Terms, the Services and the Site are provided on an “as is” basis without representation or warranty of any kind and to the fullest extent permissible pursuant to applicable law ENERGYHELPLINE disclaims all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
9.4 Subject to the foregoing, if by any mistake, act or omission of ENERGYHELPLINE in the performance of the Services, the Customer suffers a direct financial loss as a result of such mistake, act or omission, ENERGYHELPLINE will compensate the Customer for such direct loss subject to conditions, details of which can be found by calling 0800 008 7772.
9.5 Subject to clause 9.6, the Customer acknowledges and agrees that ENERGYHELPLINE shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the Customer’s claim; (b) any loss of profit or savings; (c) loss or corruption of data or information; (d) loss of contracts, business or opportunity; (e) damage to goodwill or reputation(s); in each case whether direct or indirect and in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising out of or in connection with these Terms, the Services, the Site and/or any use thereof, in each case even if ENERGYHELPLINE has been forewarned or is aware of the possibility of such loss or damage.
9.6 ENERGYHELPLINE does not exclude or limit its liability (if any) in any way:
(a) for death or personal injury caused by ENERGYHELPLINE’s negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter from which it is unlawful to exclude, or attempt to exclude, ENERGYHELPLINE’s liability.
10. Data protection
11. Force majeure
ENERGYHELPLINE shall have no liability to the Customer if it is prevented from or delayed in performing any of its obligations in relation to the provision of any of the Services, or from carrying on its business, by acts, events, omissions or accidents beyond ENERGYHELPLINE’s reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of ENERGYHELPLINE or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, and ENERGYHELPLINE shall be entitled to a reasonable extension of the time for performing such obligations in the event of any such occurrence.
12. No Waiver
Any failure or delay by ENERGYHELPLINE to enforce any of its rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless ENERGYHELPLINE acknowledges and agrees to such a waiver in writing.
If any clause or part of a clause of these Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms.
14. Third Party Rights
Except as expressly provided in clause 8.2, the parties agree that the provisions of these Terms are personal to them and are not intended to confer any rights of enforcement on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract or to any of its provisions, other than clause 8.2.
15. Transfer of rights and obligations
15.1 These Terms are binding on the Customer and ENERGYHELPLINE and on each parties’ respective successors and assigns.
15.2 The Customer may not transfer, assign, charge or otherwise dispose of these Terms, or any of its rights or obligations arising under them, without ENERGYHELPLINE’s prior written consent.
15.3 ENERGYHELPLINE may at any time transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under them.
16. Entire Agreement
17. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.