energyscanner Terms and Conditions

By using energyscanner you are agreeing to be bound by these terms and conditions (“Terms”).

1. WHO WE ARE

1.1. The website located at www.energyscanner.com, www.energyscanner.co.uk and any other domain, website and/or mobile application or other means through which we may provide Our Services (defined below) from time to time (“energyscanner”) is operated by Energyscanner Holdings Limited (“we”, “us” or “our”).

1.2. We are a company registered in England and Wales (company number 06223870) with registered office address at 14 Marchwood Crescent, London W5 2DZ. Our VAT number is 307 6369 92.

2. WHAT WE DO

2.1. energyscanner provides information and comparison services in relation to energy products and services (the “Services”). We do not charge Users for the Services. Instead, we may receive fees from Suppliers of products and services.

2.2. Website visitors (“User”/”user”/”you”/”your”) may access certain areas of energyscanner without registering. However, other areas of energyscanner may only be open to registered Members (defined below). We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

2.3. Users agree to comply with the terms and conditions set out in this document (“Terms”) when accessing, using or receiving the provision of energyscanner and/or the Services.

2.4. If you do not agree to the Terms, you must not use or attempt to use energyscanner or the Services.

2.5. The contract entered into between you and us in respect of your use of energyscanner and the Services is formed from the time at which you first access energyscanner.

2.6. Specific services that we offer, or make available to you, may also be governed by additional or alternative Terms with us, or other third parties.

3. DEFINITIONS

3.1. “Content” means text, graphics, images, software, audio, video, information or other material or content uploaded to, displayed on or exchanged through or otherwise made available on or via energyscanner and/or the Services.

3.2. “Member” means a user of energyscanner who completes an Account registration. (“Membership” shall be constructed accordingly).

3.3. “energyscanner Content” means Content made available by or on behalf of us on or via energyscanner or in the provision of the Services (by posting, uploading, publishing, messaging, submitting, transmitting or otherwise), including, any third party Content, but excluding User Content.

3.4. “Supplier” means a supplier of services, products, and/or goods selected by us from time to time and listed on energyscanner.

3.5. “User Content” means Content made available by a user to us or to other users through energyscanner (by posting, uploading, publishing, messaging, submitting, transmitting or otherwise).

3.6 “website” means the website located at www.energyscanner.com, www.energyscanner.co.uk and any other domain, website and/or mobile application or other means through which we may provide Our Services from time to time (“energyscanner”).

4. INFORMATION DISCLAIMER AND YOUR RESPONSIBILITIES

4.1 The content on energyscanner is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this site.

4.2 While we aim to keep the information on the website accurate, we cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

4.3. In providing you with access to energyscanner and / or our Services we are not:

4.3.1. giving you any advice, investment, financial or otherwise in respect of any product or service; or

4.3.2. recommending or endorsing any Supplier or service.

4.4. You agree that:

4.4.1. we are solely providing information regarding Suppliers and their services, and you are not contracting directly with us for the provision of such Supplier services;

4.4.2. you are responsible for transmitting all payments due to any Supplier on the terms agreed with the relevant Supplier for its services or otherwise, and we shall have no responsibility for the transmission of payments to any Supplier.

5. OUR CONTENT

5.1. The content, design, software, databases, text, graphics and all other material on energyscanner is owned by us or our licensors and protected by copyright.

5.2. Whilst we use reasonable endeavours to ensure that the energyscanner Content is accurate, we do not warrant the accuracy or completeness of the energyscanner Content which is provided “as is” and “as available” and to the maximum extent permitted by law with no express or implied warranty of availability, accessibility, accuracy or completeness and without any other representations, warranties, conditions or other terms of any kind.

5.3. You acknowledge that we obtain certain information from third parties and we cannot, and do not, provide any representations, guarantees, and/or warranties as to quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness, timeliness, access or use of information provided by any Supplier or third party and/or which is accessed or obtained by you via energyscanner and/or the Services. We do not make any recommendation or endorsement as to any products, services or content submitted by third parties or linked to energyscanner.

5.4. You may use the website for your own individual, non-commercial use. You are permitted to download and print a single copy of each page of the website for your personal use only. Aside from this none of the content, design, software, text, graphics or other material used on the website may be reproduced, modified or redistributed without our prior and explicit written permission. You must not use this website for any commercial purpose without our express written consent.

6. USER CONTENT

6.1. User Content is made available to users “as is” and “as available” and to the maximum extent permitted by law with no express or implied warranty of availability, accessibility, accuracy or completeness and without any other representations, warranties, conditions or other terms of any kind. You understand and agree that we do not validate, certify or endorse any particular User and are not responsible for the accuracy or completeness of any User Content and accept no liability for the accuracy or completeness of any User  Content.

6.2. Users agree not to post or make available any User Content or take any action on or via energyscanner, which infringes or violates the rights (including, but not limited to, intellectual property rights and in respect of breach of confidentiality) of any third party or otherwise violates any applicable law. We reserve the right to remove without notice any User Content made available by a User in breach of the foregoing.

6.3. Users agree not to use energyscanner to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

6.4. Each User agrees that their respective User Content provided to us by a User, posted on energyscanner and/or provided to other users is and will be up-to-date, complete, truthful, accurate and not misleading.

6.5. The views expressed by Users of energyscanner do not represent our views or values.

6.6. Users grant to us a non-exclusive, transferable, worldwide, royalty-free license, with the right to publish, store, assign, to use, view, copy, adapt, modify, distribute and otherwise use its User Content without restriction in any existing or future media. You also grant to us the right to sub-license these rights and to bring proceedings for the infringement of any of these rights. You waive any moral rights you may have in the User Content. We will not pay you any fees for the User Content. Without limiting the generality of the foregoing, we reserve the right to process the User Content in an anonymised, aggregated form. Each User warrants and represents that they have the necessary rights, licenses, consents and releases that are necessary to grant to us such rights. Failure to comply with this, may result in Our taking out legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from any breach.

6.7. We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate any person posting any material or otherwise acting in breach of the Terms or acting in violation of any applicable law.

6.8. Users agree not to upload or make available confidential information to us or other users on or via energyscanner or the Services or otherwise. Any User Content a User makes available on or via energyscanner will be considered non-confidential and non-proprietary.

6.9. We reserve the right to remove or disable access to any User Content that We, in Our sole and absolute discretion, consider to be objectionable for any reason, in violation of the Terms or any applicable law or is otherwise harmful or likely to be harmful or damaging to us, energyscanner, any user and/or any third party, with or without notice.

7. INDEMNITY

7.1. You hereby agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or Suppliers harmless from any and all claims, demands, losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) made by any third party or incurred or suffered by us due to or arising from your use of energyscanner and/or the Services or otherwise, any breach by you of any provision of these Terms, or the infringement by you of any intellectual property or other right of any other person or entity.

8. WARRANTIES AND LIABILITY

8.1. The limitations and exclusions of liability set out in this section and elsewhere in these Terms, subject always to paragraph 8.7, govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

8.2. We provide you with access to energycanner on the basis that, to the maximum extent permitted by law, and subject always to paragraph 8.7, we exclude all representations, warranties, conditions and other terms whether express or implied (including, without limitation, any conditions implied by law of satisfactory quality or fitness for purpose) which, but for this paragraph 8.2, might have effect in relation to the use, inability to use, provision or results of the use of energyscanner and/or the Services, any websites linked to it or any content posted or made available on or via it.

8.3. We do not give any guarantee that access energyscanner or its content will be free from errors and uninterrupted. Nor do we give any guarantee that energyscanner or its content will be free from viruses or anything else that may be considered harmful. It is your responsibility to put the necessary safeguards in place to protect yourself and your technology.

8.4. Subject to paragraph 8.7, we are not liable to any User of energyscanner, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms, the use of energyscanner or the provision or receipt of the Services, for any:

8.4.1. loss of profits;

8.4.2. loss of use or corruption of software, data, databases or information;

8.4.3. loss of sales or business;

8.4.4. loss of anticipated savings;

8.4.5. loss of or damage to goodwill;

8.4.6. loss or damage of any nature;

8.4.7. loss of revenue or income;

8.4.8. service interruption;

8.4.9. computer damage or system failure;

8.4.10. the cost of sourcing substitute products or services; or

8.4.11. special, indirect, incidental, exemplary or consequential loss.

8.5. You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the use of energyscanner or these Terms. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

8.6. Each User shall be liable to us in respect of any claims, liabilities, damages, losses suffered by us resulting from:

8.6.1. a User’s access to or use of energyscanner or the energyscanner Content in violation of the Terms;

8.6.2. our publication of any User Content made available by that User;

8.7. Neither us nor any User excludes or restricts in any way their respective liability for death or personal injury resulting from its own negligence or the negligence of its employees or agents acting in the course of their employment or agency or for fraudulent misrepresentation or in respect of any form of liability that may not be excluded or restricted at law.

8.8. Users of energyscanner understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of energyscanner, the Services, the energyscanner Content or the User Content.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. We are the owner or the licensee of all intellectual property rights in and to energyscanner, and in the content, material and works published on it including, without limitation, the energyscanner Content. Without limiting the generality of the foregoing, energyscanner and such content, material and works are protected by copyright laws and treaties around the world and, where applicable, database rights. All such rights are reserved.

9.2. “ENERGY SCANNER” and “ENERGYSCANNER” are registered trademarks to which we are the licensee. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

9.3. The other registered and unregistered trademarks or service marks on energyscanner are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

9.4. Our status (and that of any identified contributors) as the authors and owners of or licensors of rights in and to content on energyscanner must always be acknowledged. You must not use any part of the content on energyscanner for commercial purposes without obtaining a licence to do so from us or our licensors. If you copy or download any part of energyscanner in breach of these Terms, your right to use energyscanner will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. DATA PROTECTION AND PRIVACY

10.1. We will collect and process your personal data in accordance with our Privacy Policy together with any applicable notices provided to you at the point of collection or as otherwise notified to you from time to time. By using energyscanner and / or the Services, you consent to such processing and you warrant that all data provided by you is accurate, complete and up-to-date.

11. CHANGES TO TERMS AND WEBSITE

11.1. We may revise these Terms at any time. Any changes will be posted on this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by notices published elsewhere on energyscanner or otherwise communicated to you. Continued use of energyscanner after the Terms have been revised will constitute your acceptance of the revised Terms.

11.2. We may update energyscanner and/or our Services from time to time, and may change the energyscanner Content at any time. However, please note that any of the content on energyscanner may be out of date at any given time, and we are under no obligation to update it.

12. ACCESSING ENERGYSCANNER

12.1. We do not guarantee that energyscanner or any content on it or the Services will always be available or be uninterrupted or error free. We will not be liable to you if for any reason energyscanner and/or any Services are unavailable at any time or for any period.

12.2 We reserve the right to change, modify, replace or remove any information or product or service provided by energyscanner or the Services without notice as we see fit.

12.3. You are responsible for ensuring that all persons who access energyscanner through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

13. LINKS FROM OUR WEBSITE

13.1. energyscanner contains information about and links to other third party websites. We have no control over the content of those sites, are not in any way responsible for the information displayed on, the privacy policies of, or the practices upheld by said third parties. Nor are we in any way responsible for the products or services they offer and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

13.2. Any arrangements between you and any third party contacted via energyscanner and/or the Services are at your sole risk. We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on our website.

13.3. Some of the links to third party websites included on energyscanner are affiliate links. This means that we may receive commission or a fee if you click on a link that takes you through to a third party website or if you purchase a product from a third party website.

14. PAYMENTS TO THIRD PARTIES

14.1. Should you use energyscanner to find a product or service and go on to apply for said product or service, any payment made will be to the relevant third party. We are not in any way involved with any such transaction or the processing of any such transaction.

15. RESTRICTIONS ON USE

15.1. You agree not to:

15.1.1. transmit any material designed to interrupt, damage, destroy or limit the functionality of energyscanner and/or the Services;

15.1.2. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to energyscanner without our express written consent.

15.1.3. collect or store information from energyscanner about our {Members or} Users.

15.1.4. use energyscanner other than for your own personal use;

15.1.5. attempt to copy our data our reverse engineer our processes;

15.1.6. use energyscanner in any manner that is unlawful, illegal, immoral, fraudulent or harmful to us (including to commit or facilitate the commitment of any fraud against us or any Supplier) or in connection with any unlawful, illegal, immoral, fraudulent or harmful purpose or activity;

15.1.7. use enerygscanner in any way that causes, or may cause, damage to energyscanner and/or the Services or impairment of the availability or accessibility of energyscanner and/or the Services;

15.1.8. use energyscanner in breach of any policy or other notice on energyscanner;

15.1.9. remove or alter any copyright notices that appear on energyscanner;

15.1.10. publish any material that may encourage a breach of any relevant laws or regulations;

15.1.11. interfere with any other user’s enjoyment of energyscanner;

15.1.12. transmit materials protected by copyright without the permission of the owner; or

15.1.13. conduct yourself in an offensive or abusive manner whilst using energyscanner and/or the Services.

16. BREACHES OF THESE TERMS

16.1. Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

16.1.1. Send you one or more formal warnings;

16.1.2 temporarily suspend your access to energyscanner;

16.1.3. permanently prohibit you from accessing energyscanner;

16.1.4. block computers using your IP address from accessing energyscanner;

16.1.5. contact your internet services provider and request that they block your access to energyscanner;

16.1.6. bring court proceedings against you for breach of contract or otherwise;

16.1.7. suspend and/or delete your account with energyscanner; and/or

16.1.8. delete and/or edit any or all of your content.

16.2. Where we suspend or prohibit or block your access to energyscanner or a part of energyscanner, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

16.3. If you become aware of any breach of these terms and conditions or any other abuse of our website please report such breach or abuse to us – our contact details are available via the Contact Us page.

17. SEVERABILITY

17.1. If any provision detailed in these Terms is deemed unlawful, invalid or unenforceable that provision will be deemed severed from the remainder and the validity and enforceability of the remaining provisions will not be affected.

18. ASSIGNMENT

18.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your specific consent.

18.2. You must not assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

19. THIRD PARTY RIGHTS

19.1. These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

20. APPLICABLE LAW AND JURISDICTION

21.1. Irrespective of the country from which you access or use energyscanner or the Services, to the extent permitted by law these Terms and your use of energyscanner and/or the Services shall be governed in accordance with the laws of England and Wales and you are deemed to have submitted to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes which may arise hereunder.

21.2. In the event of any dispute, the case may be referred to Online Dispute Resolution Platform.

22. CONTACT INFORMATION

22.1. To contact us, please email help@energyscanner.com. Thank you for visiting energyscanner.

Updated: 14 January 2019