Terms and Conditions
The following are the terms and conditions of use of the MyUtilityGenius website. Please read these Terms and Conditions carefully before you use the MyUtilityGenius website.
By using the MyUtilityGenius website, you indicate your acceptance to these Terms and Conditions. If you do not accept these Terms and Conditions, you must not use the MyUtilityGenius website. If you are unsure about any aspect of these Terms and Conditions or have any questions regarding our relationship with you, please contact us. MyUtilityGenius reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted on-line. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
1- Who we are?
www.myutilitygenius.co.uk (the “Website) is a website operated and owned by MyUtilityGenius Limited (the “Company”, “MyUtilityGenius”, “we”, “us”) is registered in England and Wales with a company registration number: 8160881 and having its registered office: Amba House, 3rd Floor, Nuffield Suite, 15 College Road, Harrow, HA1 1BA.
2- Our Agreement with you
This Agreement is made between you, the customer (the “Customer”, “you”) and the Company.
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 MyUtilityGenius or the Customer is from time to time subject;
- “Service” means the service provided by MyUtilityGenius via the Website 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;
- “Supplier” means any supplier of services, products and/or goods selected by MyUtilityGenius from time to time and who is listed on the Website
The Website enables you to compare prices and other information relating to the Suppliers and products and services offered by them. Use of this Service is free. You may also choose to switch from your current energy Supplier to a new Supplier using the Website.
The Website is aimed at private individuals wanting to use the Website on their own behalf and/or on behalf of a close family member.
The Website is directed only at United Kingdom residents and nothing within it or these Terms and Conditions constitutes an offer or promotion of Services to persons outside the United Kingdom. We do not make any warranty or representation that the Services we offer are available or appropriate for use by those outside the United Kingdom. Should you choose to use the Services we provide outside the United Kingdom, you do so at your own risk and it is your responsibility to ensure that you are compliant with any applicable local laws.
3- Your Responsibility
The Website will provide you with a quotation based on the information you have provided to us. It is essential that all information and answers are true and accurate and that you also disclose all relevant facts. If you do not provide accurate information and disclose all relevant facts this could lead to your selected product being invalid. In submitting any other person’s details, you are confirming to us that you have their permission to do so and that they understand how their information will be used. MyUtilityGenius cannot be held responsible if your selected product is invalid as a result of your error in providing correct information, or from a failure to disclose all material facts to us or your selected Supplier.
4- Price Delivery
Suppliers change their prices and rates on a regular basis. When you receive your quotes, it will tell you how long each Supplier guarantees its price. The price quoted to you will be accurate at the time of issue, and may change if your quote is resubmitted. Remember, you will receive the same guarantee from the Supplier on the Website as you would have received from them by going direct.
The company shall be entitled to suspend the Services and/or terminate this Agreement if:
(i) the Customer commits a breach of Clause 3 which in the Company’s reasonable opinion is serious enough to merit immediate termination; or
(ii) 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
(iii) the Company suspects on reasonable grounds that the Customer may have committed or be committing any fraud against the Company or any Supplier.
The right to terminate this Agreement shall not prejudice any other right or remedy of the Company in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
6- Customer Breach
The Customer shall compensate the Company in full for each loss, liability or cost incurred by the Company arising out of:
(i) any claims or legal proceedings arising from the Customer’s use of the Services which are brought or threatened against the Company by any other person; or
(ii) any breach of this Agreement by the Customer.
7- Limitation of Liability
Nothing in these terms and conditions limits or excludes the liability of the Company for death or personal injury caused by the Company’s negligence or any other liability which may not be limited or excluded under applicable law. The Company will use its reasonable endeavours to ensure that information provided to it by Suppliers is accurate but The Company does not guarantee the accuracy, completeness, legality or suitability for the Customer’s needs of any information which is provided to the Customer by any Supplier and/or is accessed or obtained by the Customer via the Website or otherwise through using the Service. You agree that The Company will not be liable for any loss, claim or damage (whether direct or indirect) which arises out of or is in any way connected with:
(i) any use of the Service, the Website or its contents;
(ii) any failure or delay in any component of the Website, the provision of the Service or the provision by any Supplier of its goods, products or services to the Customer (including, without limitation, where the Customer has a delayed or failed switch from its current energy Supplier to a Supplier and/or the Customer is unable to obtain the cashback, voucher, reduced price tariff or other reward or incentive which he or she may have otherwise been entitled to from a Supplier were it not for the failure or delay);
(iii) any use of or reliance upon any information, material, software, products or services obtained through Website or otherwise through using the Service (including, without limitation, any information, material, software, products or services of any Suppliers); or
(iv) any transaction or agreement between the Customer and any Supplier or any attempt to enter into a transaction or an agreement with any Supplier, in all cases even if The Company has been forewarned of the possibility of such loss or damage.
8- Data Protection
The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. The Company 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.
10- Force Majeure
The Company 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).
11- Website Content
The Company has taken every reasonable step to make sure the information contained in the Website is accurate and up-to-date. However, we can accept no liability for any errors or omissions. We reserve the right to add, amend or delete information from this site at any time. Whilst we take every reasonable step to counteract viruses and other things with contaminating or destructive properties, we can give no warranty that this site and its content are free from viruses or anything else that has such contaminating or destructive properties.
The copyright in the material contained in this website belongs to the Company. Any private individual may print off a copy of any part of this material for their own personal use, subject to the following conditions:
(i) The material may not be used for any commercial purposes;
(ii) The copy must retain any copyright or other intellectual property notices contained in the original material.
The technology or processes utilised by or described in the Website may be subject to other intellectual property rights reserved by the Company (on which see the section headed “Intellectual Property Rights” below). Images on the Website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
No logos, trademarks or service marks appearing on the site may be printed off or copied, except as part of the text of which they form part.
13- Intellectual Property Rights
Any logos, trademarks, service marks and domain names and all related intellectual property rights, of the Suppliers whose information we list in providing the Service, belong to the Suppliers, and you may not reproduce them without their prior written consent. Except for the above, all intellectual property rights including, without limitation, all logos, trademarks, service marks, domain names, database rights, rights in design, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained in or underlying the Website and/or the service we provide belong to the Company. All rights of the Company in such intellectual property rights are hereby reserved.
14- Commercial Use
The Website is for non-commercial use, meaning it is only for personal use or for use by a business to seek a Service directly for that business only. Unauthorised commercial or bulk use may slow down the speed of the Service we can provide for the Customers. We will monitor the use of our Services. If we detect commercial or bulk usage, we may abort the Service. In any event, we reserve the right to take action against those using the Service in an unauthorised way, to prevent disruption of the Service to genuine customers, and to recover any losses we suffer.
Updated February 2016