This page (together with the documents referred to on it) tells you the terms and conditions of use on which you may make use of our Web Site (as defined below).
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
Information About Us
www.isupplyenergy.co.uk is a site operated by iSupply Energy Limited. We are registered in England and Wales under company number 06053905 and have our registered office at Richmond House, Richmond Hill, Bournemouth, Dorset, England, BH2 6EZ. Our VAT number is 119139712.
We are a limited company.
1. Definitions and Interpretation
In these Terms and Conditions the following terms shall have the following meanings:
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an adult.
3. Transactions concluded through our Web Site
a. Contracts for the supply of electricity and gas formed through our Website are governed by our Electricity & Gas Supply Terms which are available on request.
4. Intellectual Property
a. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content and intellectual property in the Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of us or our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
b. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by us.
5. Third Party Intellectual Property
a. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
b. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of us or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.isupplyenergy.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of us. To find out more please contact us by email at [email protected].
We may ask and you shall agree to remove such links from your site at any time.
9. Use of Web Site and Communications facilities
When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
a. You must not use obscene or vulgar language;
b. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
c. You must not submit Content that is intended to promote or incite violence;
d. It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
f. You must not impersonate other people, particularly employees and representatives of us or our affiliates; and
g. You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
Where you are required to create an Account or register as a user of our Web Site you may be asked to provide certain personal details and Payment Information, the extent of which may vary based upon your use of the Web Site By continuing to use this Web Site you represent and warrant that:
a. All information you submit is accurate and truthful;
b. You have permission to submit Payment Information where permission may be required; and
c. You will keep this information accurate and up-to-date.
Your creation of an Account is a further affirmation of your representation and warranty.
a. It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
b. If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.
c. When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation
a. Either we or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination of the Account will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
b. If we terminate your Account, any current or pending payments on your Account will be cancelled and continuity of the provision of Services will be subject to the terms and conditions in relation to the Services as detailed in Clause 3 ("Service Terms and Conditions"). Any outstanding payments will be collected prior to cancellation.
12. Services, Pricing and Availability
a. We do not represent or warrant that such Services will be available. Availability indications are provided on the Web Site however these may not take into account any request for Services that have taken place during your visit to the Web Site.
b. All pricing information on the Web Site is correct at the time of going online. We reserve the right to change prices and alter or remove any Services and special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.
c. Any prices quoted may change at any time before a contract with us is concluded and the prices quoted are subject to the terms and conditions of the relevant Services Terms and Conditions.
d. All prices on the Web Site include VAT (where applicable).
Use of the Web Site is also governed by our Privacy Notice which is incorporated into these terms and conditions by this reference.
a. We make no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
b. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
c. Unless expressly stated to the contrary, no part of this Web Site is intended to constitute a contractual offer capable of acceptance.
15. Changes to the Web Site and these Terms and Conditions
We reserve the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If we are required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
16. Availability of the Web Site
The Web Site is provided "as is" and on an "as available" basis. We give no warranty that the Web Site will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
We accept no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17. Limitation of Liability
a. To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
b. Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
c. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Subject to Condition 20.2 any notice in relation to these terms shall be given by either party on the following terms:
a. All notices given by us or you are to be sent via e-mail or via Account which is accessible from time to time. These are more particularly detailed in the Notices section of the Web Site from time to time.
b. Where we send e-mails to you these shall be sent to the E-mail Contact Details ("Contact Details") as detailed on your application form/registration form. You must give us 2 Working Days notice of any changes in the Contact Details by notifying us in accordance with the Notices section of Our Website.
c. Electronic Notices sent to the correct e-mail address or via your Account shall be deemed to have been received at 9.00am of the working day following the day of transmission.
d. Where notices are to be sent to us at email addresses, such notices that are sent to the incorrect e-mail address shall be deemed not to have been received.
Condition 20.1 does not apply to the service of any proceedings or other legal documents in any legal action, which must be delivered in person, sent by registered mail, properly posted and fully pre-paid in an envelope or sent by facsimile to the respective parties at their respective registered or principal offices. Any notice or communication shall be deemed to have been received if delivered by hand, on signature of a delivery receipt or if sent by fax, at 9.00 am on the next working day after transmission, or otherwise at 9.00 am on the second working day after posting.
21. Law and Jurisdiction
These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and we and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.