1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions (the Terms) which will apply to your use of our Website (as defined below) and on which we will supply the Service (as defined below) to you.
1.2 Why you should read them. Please read these Terms carefully before you use our Website and/or ask us to provide the Service to you. By using our Website, you confirm that you accept these Terms and agree to comply. If you do not agree you must not use our Website or Service.
1.3 Additional Terms. These Terms also refer to the following additional terms which also apply to your use of our Website and supply of the Service:
(a) Privacy Policy which sets out the terms on which we process any personal data we collect from you or that you provide to us and is set out at www.switchcraft.co/privacy.
(b) Cookie Policy which sets out information about the cookies used on our Website and is set out at www.switchcraft.co.uk/cookies.
2.1 Assessment means an assessment of the deals offered by Suppliers in order to determine whether it would be beneficial for you to switch Supplier or deal;
2.2 Service means:
(a) the provision of the Website and its use, access or browsing by you;
(b) carrying out Assessments; and
(c) on your behalf arranging a switch from your current Supplier to a new Supplier in accordance with these Terms;
2.3 Supplier means any supplier of services, products, goods or digital content listed on the Website from time to time.
2.4 we, us and our means Switchcraft, a trading name of Hazelnut London Limited of Studio 3, 64 Great Suffolk St, London, SE1 0BL, a company registered in England and Wales with company number 10369814.
2.5 Website means www.switchcraft.co.uk; and
2.6 writing or written includes email.
2.7 you and your means the person who proposes to use or is using the Service.
3. YOUR RESPONSIBILITIES UNDER THESE TERMS
3.1 Your responsibilities under these Terms. In order to use the Website and Service you:
(a) must be 18 years old or over and have an address in the UK;
(b) must ensure that all information and details you provide to us are true, accurate, complete and current;
(c) must promptly update us with any changes to your details at hello@switchcraft.co.uk;
(d) must, in order to use our Service, create an account and be responsible for any and all activity conducted using your account;
(e) must promptly contact us at hello@switchcraft.co.uk if you know or suspect that anyone other than you has accessed your account;
(f) appoint us as your agent and instruct us to carry out the duties set out in these Terms and subject to and in accordance with these Terms; and
(g) agree that you are responsible for transferring all payments due to any Supplier on the terms and at the time specified by the relevant Supplier, and we shall have no responsibility whatsoever for any payments due from you to any Supplier.
3.2 Restrictions on your use of the Website. You agree not to do any of the following with respect to the Website:
(a) transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website;
(b) use any automated software to view the Website without consent and to only access the Website manually;
(c) use the Website other than for your own personal use;
(d) attempt to copy our data or reverse engineer our processes;
(e) use the Website in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us or any Supplier);
(f) use the Website in breach of any policy or other notice on the Website;
(g) remove or alter any copyright notices that appear on the Website;
(h) publish any material that may encourage a breach of any relevant laws or regulations;
(i) interfere with any other user’s enjoyment of the Website;
(j) transmit materials protected by copyright without the permission of the owner;
(k) misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
(l) conduct yourself in an offensive or abusive manner whilst using the Website; or
(m) create any link to our Website except in a way that is fair and legal and does not damage our reputation on take advantage of it.
3.1 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at any email address or postal address you may have provided to us. When you create an account you may be given the opportunity to opt-in to receive marketing emails from third parties.
4. THE SERVICE
4.1 Appointment as agent. By using our Service you have appointed us as your agent. We accept such appointment and undertake to perform each duty set out below in consideration of the mutual promises set out in these Terms.
4.2 How we will decide to make a switch. We will carry out Assessments from time to time. We will not carry out any Assessment sooner than three months following each switch.
4.3 What we may take into account. When carrying out each Assessment we may:
(a) take into account any information we consider relevant including, without limitation, information provided by you on the Website, information regarding the Suppliers which we may have in our possession from time to time, such market data regarding suppliers of equivalent services as we may have in our possession from time to time and any other information we may consider relevant in our sole discretion;
(b) use such technical systems, algorithms or programmes as we consider appropriate in our sole discretion; and
(c) select a new Supplier to whom we deem, in our sole discretion, it will be beneficial for you to switch.
4.4 What we will not do.
(a) The Assessment will constitute a snapshot of the deals offered by the Suppliers on the date on which it is carried out. We are entitled to rely on that snapshot when determining whether or not to make a switch on your behalf. There may be new deals that become available after we have made the Assessment but before your switch becomes effective. We will not change the Assessment to take such deals into account nor will we be obliged to carry out the Assessment more than once in relation to any deal with your current Supplier.
(b) The Assessment is limited to the deals offered by the Suppliers listed on the Website. There may be one or more other suppliers of similar products or services who may offer deals which are better than the deals offered by the Suppliers listed on the Website. We will not take into account such deals when carrying out the Assessment and we will not switch you to any supplier other than a Supplier listed on the Website. If you wish to switch to a supplier not listed on the Website, please contact us immediately at hello@switchcraft.co.uk and we will no longer provide the Service to you.
4.5 What you authorise us to do on your behalf. By appointing us as your agent under these Terms, you authorise us to do the following:
(a) select a new Supplier for you based on an Assessment;
(b) contact Suppliers on your behalf and do all things that may be necessary (as determined by us) in order to arrange a switch from your current Supplier to a new Supplier; this may include, but is not limited to, passing information about you to Suppliers which you have either provided to us via the Website or authorised us to obtain from third parties in accordance with these terms;
(c) access information held about you by third parties for the purpose of performing the Service; and
(d) all other things we may reasonably consider necessary in order to perform the Service.
4.6 What you may do while we are appointed as your agent. At all times while we are appointed as your agent in accordance with these Terms you will be subject to the following restrictions:
(a) you must not arrange a switch from your current Supplier to another supplier (whether listed on the Website or not) nor do anything which may overlap with or hinder our performance of the Service;
(b) you may cancel a switch we have made on your behalf however you must inform us at hello@switchcraft.co.uk no later than 2 calendar days following such cancellation (whether or not such cancellation has taken effect); and
(c) you must not appoint any other person as your agent to perform a service equivalent to the Service.
4.7 We may delegate our duties. We may appoint third parties with whom we have partnership arrangements to perform our duties under these Terms on such terms and conditions as we deem necessary and appropriate. Under no circumstances shall our appointment of any third party discharge us from our obligations to you under these Terms.
4.8 No guarantee. We are not providing any financial or professional advice and we give no guarantees and make no representations or warranties, whether express or implied, that the deals offered on our Website are accurate, complete or up-to-date.
4.9 Ending the Service. If you wish to revoke our appointment as your agent, you must inform us at hello@switchcraft.co.uk. We will stop acting on the earlier of the date we inform you that we have adjusted our systems to stop performing the Service for you or 14 calendar days after we receive notice from you.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Changes to these terms. We may change these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we have made as they are binding on you.
5.2 Changes to the Website. We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
6. PROVIDING THE SERVICE
6.1 Reasons we may suspend the Service. We may have to suspend access to the Website and/or performance of the Service (including carrying out Assessments) in order to:
(a) deal with technical problems or make technical changes;
(b) update the Website and/or our systems;
(c) make changes to the Service notified by us to you; or
(d) if you commit any breach of these Terms.
6.2 We may withdraw the Service. We may notify you that we are going to stop providing the Service. We will let you know at least 14 calendar days in advance of our stopping the Service.
7.1 How to tell us about problems. We aim to provide an excellent standard of service, however if you feel we may have not achieved this please let us know by contacting us at hello@switchcraft.co.uk. We take all complaints seriously, and use our best efforts to resolve them as quickly as possible.
7.2 How to continue your complaint. If you are not satisfied with our response to your complaint you may be able to continue your complaint:
(a) if it relates to energy services by contacting the Ombudsman Service as set out here – https://www.ombudsman-services.org/energy.html or
(b) if it relates to financial services by contacting the Financial Ombudsman Service as set out here – http://www.financial-ombudsman.org.uk/consumer/complaints.htm.
7.3 We cannot deal with complaints about Suppliers. If your complaint is regarding a Supplier to whom we have switched you as part of the Service, then you should address your complaint directly to that Supplier.
8. REFERRAL FEES
8.1 We do not charge you any fees for providing the Service to you. We perform the Service in consideration of the mutual promises set out in these Terms. We may receive referral fees from Suppliers, but the amount of such fees does not influence the way we carry out the Service.
9.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Service.
9.2 What we are not liable for. To the fullest extent possible, we are not liable to you for any loss or damage (even if we have been forewarned of the possibility of such loss or damage or such loss or damage was otherwise foreseeable), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection your use of the Website and/or the Service.
9.3 We are responsible to you for foreseeable loss and damage caused by us. If, notwithstanding the other provisions of these Terms, we are found to be liable to you for any damage or loss (including through negligence) which arises in any way out of, or is in any way connected with, your use of our Website and/or the Service, our liability (save as prohibited by law) shall in no event exceed £100.
10. PERSONAL DATA
10.1 Privacy Policy. Our use of any personal data you provide to us will be governed by our Privacy Policy.
10.2 Suppliers may have different privacy policies. As part of the Service you have authorised us to pass information about you to Suppliers for the purpose of making a switch. Such Suppliers may hold such information about you subject to their own privacy policies which may be different from our Privacy Policy.
10.3 Materials you provide. By submitting content on the Website or otherwise providing content to us (Content) and in consideration of the mutual promises contained in these Terms (including the provision of the Service by us), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the Content. You waive any moral rights you may have in the Content. We will not pay you any fees for the Content and reserve the right in our sole discretion to remove or edit it at any time. You warrant and represent that you have all rights necessary to grant us these rights. We will permit you to post Content on the Website in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.
11.1 Who owns the intellectual property in the Website. We are the owner or licensee of all intellectual property rights in the Website, information and content available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website and the underlying source code. Much of this information and content is protected by copyright, trade mark, database rights, design rights designs (including in the “look and feel” and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trade marks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved. You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website. Any such use of an automated program is prohibited and shall be a breach of these Terms.
11.2 You may not reproduce, republish, transmit or distribute any material, information or content on the Website, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use the Website and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and our services only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to the Website.
12. GENERAL
12.1 Nobody else has any rights under this contract. These Terms are between you and us. No third party shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any third party in order to end the contract or make any changes to these Terms.
12.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.4 Headings. The headings will not form part of these terms of use and will not affect their interpretation.
13. APPLICABLE LAW
13.1 Which laws apply to this contract and where you may bring legal proceedings. these Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.