Comparestack

Terms of Service

Last updated: July 2018

1. Introduction

The Comparestack website (the Site) is owned and operated by Comparestack Limited a company registered in England and Wales with company number 11392277, registered office Witan Gate House, 500-600 Witan Gate West, Milton Keynes, Buckinghamshire, MK9 1SH United Kingdom (Comparestack, we, us). By using the Site you agree to be bound by these terms (the Terms) together with the privacy & cookie policy accessible in the Site (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy & Cookie Policy, do not use the Site. If you have any questions, you can contact us at [email protected]

We reserve the right to update these Terms from time to time at our discretion. If we do so, and the changes substantially affect your rights or obligations, we shall notify you if we have your email address. Otherwise, you are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

2. The Site

The Site allows you to obtain quotes from electricity service providers featured on the Site (the Service Providers), and to switch your electricity supply to a Service Providers if you choose to do so.

When you access the Site, you provide certain information to us. To the extent that information includes personal data, we shall process that personal data in accordance with the terms of our Privacy & Cookie Policy.

You may only access the Site using your own details, and all information you provide to us on registration must be accurate and complete. You agree that any quote from a service provider is based on the information you provide, and accordingly, any errors in the information that you provide to us will lead to incorrect quotes.

To use the Site, you must be at least 18 years old and legally capable of entering into a contract.

3. Use of the Site

When you use the Site you must comply with all applicable laws. In particular, you shall not and you shall not assist a third party to (a) try to undermine, damage or disrupt the security of our Site, associated software, computing systems or networks; (b) act in a way which could risk overloading, impairing or damaging the Site, and supporting infrastructure; (c) attempt to gain unauthorised access to any materials or other parts of our infrastructure; (d) attempt to modify, disassemble, copy or adapt any computer programs used to deliver the Site (except strictly to the extent that you are permitted to do so under applicable law not capable of exclusion); (e) sell, resell, duplicate, reproduce or create any derivate works from any part of the Site; (f) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site; (g) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site or attempt to gain access to the source code; (h) build a product competitive to the Site or otherwise using similar ideas, features, functions of graphics as the Site; and/or (i) use the Site to provide services to third parties or to extract or scrape data from the Site.

4. Site Content

The copyright in all material contained in the Site including all information, data, text, images, and all source code and other software is owned by or licensed to Comparestack (Site Content). All rights are reserved. You can view, print or download extracts of the Site Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.

You acknowledge that the Site Content is for information only and you must not rely on it as advice.

If and to the extent that you post content on the Site, you agree that (a) we shall be entitled to use and reproduce the content within the Site; (b) we shall be entitled to share the content with the Service Providers; (c) such content shall comply with all applicable laws and not infringe the rights of any third parties.

Service Providers

We do not recommend or endorse any Service Provider. The decision to switch to a Service Provider is your decision based on all the information available to you at the time you make the switch. If you switch your electricity supply to a Service Provider, you agree that you are entering into a contract with the Service Provider and not with us. Accordingly, all sums due from you for the service are due to the Service Provider. A copy of the terms and conditions of supply for a Service Provider are available on the Service Provider’s site and you agree to comply with such terms and conditions.

The Site contains links to websites operated by Service Providers. We are not responsible for any Service Providers’ website or their availability or content.

You acknowledge and agree that we may receive a fee from a Service Provider if you successfully switch through the Site.

6. Liability and disclaimer – Your attention is particularly drawn to this section

We warrant that the Site will be of satisfactory quality, fit for purpose and as described. But, and subject to these warranties, to the maximum extent permitted by law Comparestack disclaims all liability whatsoever, whether arising in contract, tort (including negligence) under statute or otherwise in relation to the Site.

In particular, we are not liable for: (a) any errors or omissions in any Site Content based on information provided by Service Providers or otherwise relating to Service Providers, their business or service, including their quotes; (b) any change to a quote for any reason, including any failure or delay in relation to the availability of our Site, any correspondence from us or the act or omissions of a Service Provider; and/or (c) your relationship with a Service Provider and any transaction or arrangement you enter into with a Service Provider.

We do not warrant that any Service Provider will offer a quote that is lower than your current provider’s costs.

If you are a consumer and there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £25 per device. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the Site.

If you are a business user, then you agree that we shall not be liable to you for (a) loss of profits; (b) loss of business; (c) loss or corruption of data or information; (d) business interruption; (e) loss of or wasted staff or management time; (f) any kind of special, indirect, consequential loss or pure economic loss.

Nothing in these Terms shall be construed as excluding or limiting the liability of Comparestack for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law. In addition, your statutory rights as a consumer are not affected.

7. Availability

There may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

We reserve the right to remove any content or features from the Site for any reason, including any particular Service Provider without prior notice and/or to suspend or cease providing any services relating to the Site without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

8. Termination

We may terminate or suspend your access to the Site for any reason, including if (a) you have breached any provision of these Terms; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we receive a complaint about you from a Service Provider.

9. General

These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement between you and Comparestack concerning your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You consent to receive all communications including notices and other information from Comparestack electronically. Comparestack may provide all such communications by email, text or by posting them on the Site.

If you have a complaint that relates to a Service Provider and/or their service, please contact the Service Provider directly.

If you are a consumer and have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site please contact us at [email protected] and we shall investiage the issue.

These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.